Call Today 619-908-1354 800-576-0633

Know your workplace rights, because your employer may not

As an employee, you generally assume that your employer knows more about labor law than you do. They hire people all the time, right? Unfortunately, that doesn't mean they're experts or that they're going to look out for you, so knowing your workplace rights is important. Employers may not always realize that they are breaking important laws put in place to protect employees. Or, they may be deliberately ignoring your rights and hoping to get away with it for as long as they can. Either way, employees are the ones who will suffer.

Here are some of the ways employers may violate your workplace rights:

  1. Not paying you overtime when you have earned it. If you're categorized as a non-exempt employee (in general, you're paid by the hour) you must be paid time and a half for working anything over 40 hours in a given week. Exempt employees (salaried) don't earn overtime, but non-exempt employees always must be paid for it.
  2. Trying to give you comp time in place of paying you overtime. If your employer asks you to work late one day but promises you can have one afternoon off sometime soon to make up for it, that's not legal. Working overtime=overtime pay. No exceptions.
  3. Demanding, encouraging or even just letting you work off the clock. Again, as a non-exempt employee you have to be paid for all the time you work-even if it's just taking a call at home or in the car, or answering an email over the weekend. You have to be compensated for your time.
  4. Forbidding you from talking about your salary or your working conditions with co-workers. The National Labor Relations Act protects your right to talk to co-workers about these issues.
  5. Bringing you on board as an independent contractor but making the same demands on you as on an employee by telling you when, where and how to work. If you're doing everything an employee does, then you should be treated as one, which means being offered benefits. Are they trying to avoid giving you that perk by calling you a contractor in name only?

Whether the above errors are clueless or deliberate, you may be so familiar with them that you didn't know they were against the law. Many people don't. But from now on, if you encounter these gaffes, consider taking action to protect yourself. Begin by talking with your manager; depending on how that goes, you may want to contact an attorney. Don't let an employer take advantage of your good nature.

No Comments

Leave a comment
Comment Information

Contact Us

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy