Employment rights for all employees apply regardless of the industry or position status within that particular field. Unfortunately, many people don’t educate themselves on what those rights involve, which means they aren’t recognizing when an employer is violating them. Go here to learn the difference between employment law and labor law.
That doesn’t mean that all business leaders intentionally cross employees’ rights on purpose. While some do this, many, in the same vein as the employee, are uneducated on the laws. Some might be aware but not understand the context or how to apply the concept.
Despite being perhaps oblivious, breaking the law falls to the responsibility of the employer since they don’t make the effort to ensure they’re educated to avoid the potential for violating staff rights.
When a team member is violated, it can mean the loss of money, maybe losing hours, or perhaps, worse, there is the threat of a hostile work environment. At the very least, finding the atmosphere unsafe probably due to discrimination would be a reason to research “employment lawyer near me” for further guidance.
While many laws are in place to avoid the possibility of employee workplace rights being infringed upon, with the instances becoming less frequent in today’s landscape, the environment is far from void of the incidents.
Again, especially when business leaders fail to learn the laws or how to interpret them. Let’s look at a few common laws that are taken for granted.
What Laws Are Commonly Neglected In the Workplace Violating Employee Rights
Breaking the workplace laws is a violation of employee rights. It can be grounds for repercussions brought against the business leader if the staff member pursues obtaining an employment lawyer to back their claim.
Unfortunately, many staff in organizations are unaware of what they’re entitled to under the laws. It’s critical to take the opportunity when accepting a job to educate on the laws and their interpretation so there’s no chance for these to be violated. Check out some of these common occurrences in the workforce.
● Avoidance of overtime pay
Some business leaders will purposely have their staff work long hours without adding overtime compensation to their paychecks. Others are unaware of how overtime pay works according to standard labor laws.
Still, the employer does not get to decide whether you get paid for the hours that extend beyond your regular workday.
The government dictates whether you get that overtime pay. According to the “FSLA” or “Fair Standards Labor Act,” employees are separated into either a “nonexempt” classification or an “exempt” classification.
Not all industries follow the FSLA, but a majority do. Several variables determine a staff member’s status as exempt or nonexempt. For instance, those who fall under the exempt category will earn a salary and perform duties in a leadership capacity with hours that don’t deem standard business hours.
The nonexempt employee is an hourly staff member who will automatically be considered for overtime if their hours go beyond what is regarded as the standard eight-hour shift. Overtime equates to 1-½ times their average pay for each hour exceeding their 40-hour week.
An employer who denies their staff overtime they are entitled to is significantly diminishing their income opportunity and violating their rights. Find out when it’s appropriate to talk with an employment attorney at https://www.legalzoom.com/articles/knowing-when-its-time-to-talk-to-an-employment-attorney/.
● Discrimination and a hostile atmosphere make the workplace unsafe
Staff members can feel the hostility in a workplace setting due to numerous behaviors, but a common occurrence is discrimination. Not everyone will get along with all their coworkers on most job sites.
That doesn’t mean that these exchanges should in any way become abusive, harassing, or intimidating. It must be immediately reported if there is a feeling of being unsafe. No one should go to work feeling emotionally or physically threatened.
When approaching an employment attorney, you must do so with as much detailed documentation showing specific dates, times, and particulars about the incidents so that the violation is demonstrated clearly and concisely for the court’s benefit. Click for details on how federal laws protect employees.
● Income is unfair
The indication is that the rule business leaders suggest about employees not being able to discuss their salaries with each other is “a myth.” Many bosses tell their staff that discussing these things is somehow illegal.
That is untrue. In reality, discussing the pay scale with others you work with is quite informative, so you can attest that you’re receiving adequate compensation for similar work performed as someone in the same position.
There are laws in place your employer might not want you to be aware of that state all staff should receive equal pay based on race, gender, age, and abilities. For those who find this is not happening with their employer, it’s essential to reach out to the “EEOC” or “Equal Employment Opportunity Commission” prior to filing a lawsuit.
An employment attorney can ensure everything flows seamlessly and is done properly. The EEOC investigates the potential for discrimination and if the business leader is taking steps to retaliate for your claim against them. It is merely the freedom to “assert your rights against their poor practices.”
The indication is the EEOC investigation lasts for roughly a year once it’s filed if they feel the claim is warranted. You can then pursue litigation following their investigation with an employment lawyer who will “advocate” against the boss violating your rights.
An employment lawyer specializes in the employee’s rights, standing up for those who believe a business leader has violated these. The employer may or may not be aware they are in violation.
Perhaps they’re not fully educated on what constitutes a staff member’s rights in the workplace. Regardless, it is their responsibility to become educated in order to avoid breaking these laws. It’s not good enough to say they didn’t know. As a boss, you have an obligation to make sure you know.