What Are The Illegal Things Your Boss Can’t Do? [15 Things]
15 Things Your Boss Can’t Legally Do
What Are The Illegal Things Your Boss Can’t Do? [15 Legal Things]. If you are uncomfortable with a co-worker’s behavior or believe your employer is breaking a workplace law, the first step is to contact your supervisor or human resources department. The next step may be to file an administrative complaint with the appropriate agency. Complaints about discrimination should be filed with the EEOC.
You have to note that the National Labor Relations Act and a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission (EEOC) protect employees from hostile work environments, discrimination and unfair labor practices.
It’s important to also note that workplace laws may differ based on your physical location, business type, and employment status, so be sure to check your state employment laws for specifics. In this article, we’ll be giving you the to 15 things your Boss can’t legally do. It’s essential for employees at all levels of employment to be aware of their legal rights and how they apply on the job.
List of Things Your Boss Can’t Legally Do
- Not paying you overtime or minimum wage.
- Promise a job to an unpaid intern.
- Ignore exemptions to vaccination mandates.
- Discriminate against workers or you.
- Ask prohibited questions on job applications.
- Require employees to sign broad noncompete agreements.
- Forbid you from discussing your salary with co-workers.
- Allow you to work off the clock.
- Discipline you for complaining about work on social media.
- Turn a blind eye to a hostile workplace.
- Retaliate against whistleblowers.
- Fire someone after “papering” their personnel file.
- Classify you as an independent contractor but treat you like an employee.
What Are The Illegal Things Managers Can’t Do?
1. Asking Illegal Questions During an Interview
Employment law prohibits employers from asking certain questions during employment interviews. These include questions regarding pregnancy, gender identity, sexual orientation, religion, age, race, national origin, marital status, and disability. Employers cannot use this information to make hiring decisions.
2. It’s Illegal for your Boss to Fail to Provide Reasonable Accommodations for Those With Disabilities
Title, I of the Americans with Disabilities Act (ADA), requires employers to provide reasonable accommodations as they relate to three aspects of employment: ensuring equal opportunity in the application process, enabling a qualified individual with a disability to perform the essential functions of a job, making it possible for an employee with a disability to enjoy equal benefits and privileges of employment.
3. Not Pay You At Least Minimum Wage or Overtime
Employee compensation is no simple matter, even though there is a massive body of federal labor law governing it. There is a massive body of state law too. And some states have more stringent requirements than others. The Fair Labor Standards Act requires companies with 50 or more workers to compensate nonexempt employees for every hour worked over 40 per week. Employees must receive one and a half times their regular pay when they reach 48 hours in a given week.
4. Fire You For Reporting Law-Breaking
Whistleblowers protect public health and safety. And whistleblower laws protect you from retaliation if you report your boss or company for breaking the law. In spite of these protections, it’s unfortunately common for companies to fire whistleblowers. If you’re reporting law-breaking, document your company’s response and reach out to an employment lawyer if you experience retaliation.
5. Your Boss Cannot Legally Terminate a Whistleblower
Whistleblowers are protected under the Whistleblower Protection Act. Whistleblowers are people who report on something they reasonably believe to be: A gross waste of funds. An abuse of authority, violation of law, rule, or regulation. Gross mismanagement
or a substantial and specific danger to public health or safety.
6. Forcing Employees to Sign Extensive Non-Compete Agreements
Non-compete agreements aren’t always good for companies. They can prevent people from working in their chosen profession or industry. And they’re often used to keep former employees from poaching each other’s clients. But some experts say they shouldn’t be required for every employee.
7. It’s Illegal for Your Boss to Discriminate Against or Harass Workers
The U.S. Equal Employment Opportunity Commission (EEOC), the same employment law that protects employees against discrimination during the interview process, also applies once employed. There are eight broad categories that employers are prohibited from discriminating against workers on, known as protected classes: race, color, religion, sex, national origin, age, disability, and genetic information.
What can you do if you experience or witness discrimination? Make sure to document the illegal behavior and consider reporting it to HR.
8. Retaliate Against You
Retaliation is illegal. And it’s the most common form of discrimination, according to the EEOC. But what counts as retaliation? And how do you file a retaliation lawsuit? Legally, workplace retaliation means treating you poorly after you complain about discrimination, harassment, or other illegal actions. Your boss also can’t retaliate against you if you’re a witness in a lawsuit against the company.
9. Make You Work Off the Clock
Any activity that benefits an employer done by an employee technically should be paid. And if this work is done off the clock, even as little as a 5 minute email, can be deemed illegal. They actually demand that those employees perform certain tasks outside of regular business hours. In addition to performing tasks without proper compensation, employers sometimes require employees to spend time away from the workplace learning skills or completing tasks that aren’t directly related to their jobs.
10. Punish You For Talking About Salary
Many companies discourage employees from talking about their pay. But it’s illegal to punish people for discussing wages. Your boss can’t legally discipline you if you talk about money with coworkers. The National Labor Relations Act means that employees are allowed to communicate about their compensation.
11. Pay Less Than Minimum Wage
Your boss cannot pay you less than the minimum wage. What’s a common minimum wage violation? Paying a flat weekly rate that’s less than the minimum hourly wage. Another common violation is illegal deductions. Your boss cannot illegally take money from your paycheck.
12. Manage Contractors the Same as Full-Time Employees
But because independent contractors aren’t technically considered employees, they often receive less favorable treatment. In fact, some companies even try to hide the fact that they employ contractors rather than full-time employees. Misclassifying an employee can result in back taxes and penalties to the employer. So an employer should be very careful about managing contractors like full-time employees.
13. Promise a Job to an Unpaid Intern
Companies may want to entice interns with the promise of a paying job at the end of the internship. Doing so could have an employer running afoul of federal and state minimum wage laws. Rather than being a learning experience for a student, the internship could be viewed as an unpaid and illegal – training period.
14. Ignore Toxic Workplace Behavior
Your boss has a responsibility to stop hostile behavior at work. Everyone has a right to work in a professional, harassment-free environment. When your boss ignores toxic behavior at work, it violates your rights. If your boss ignores harassment at work, make sure to document each incident. You can also reach out to an employment lawyer for a consultation.
15. Keep Quiet on Sexual Harassment Issues
Sexual harassment law requires employers to investigate complaints about workplace conduct and issue corrective measures if necessary. Employers are required to do everything possible to prevent sexual harassment and make sure it doesn’t happen again. The law prohibits unwelcome verbal or physical advances, requests for dates, unwanted touching, or other forms of sexual misconduct directed against employees because of their sex.
16. Discipline You for Complaining About Work on Social Media
Under the National Labor Relations Act (NLRA), employees are given wide latitude to talk about their employers publicly, including on social media. That’s because trying to curtail worker communications can be seen as an illegal attempt to prevent them from unionizing or organizing. Employees still shouldn’t feel emboldened to say anything they want online.
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