Examples of Employee Workplace Violations

Examples of Employee Workplace ViolationsExamples of Employee Workplace ViolationsEmployees and job seekers often have questions aboutovertime,unused vacation time,comp time, wages, and other employee rights issues.Employment lawcan be confusing, and it can be difficult to learn what your rights are and what you are entitled to. Because employment law is so complicated, employees often dont even know what their rights are regarding vacation, comp time, commissions, and more. In fact, some employees dont even know when an employer is violating a workplace law. Below is a list of the top twelve workplace violations that employees should be aware of. Read this list of violations to make koranvers you know your rights, and to enaya that you are being compensated fairly. Types of Workplace Violations Unpaid Compensable Time When your duties include putting on or taking off a uniform or personal protective equipment, performing a stock inventory, setting up and cleaning your work area, or attending a change-of-shift-meeting, youre entitled to your regular wages for the time you are engaged in those activities. Youre also entitled to compensation for any extra hours you work, such as working through yourlunch break, even if your employer didnt require you to work the extra time. These are all consideredcompensable time. Your employer is legally required to pay you for all compensable time. Unpaid Vacation Time TheFair Labor Standards Act(FLSA) does elend require employers to pay employees for unused vacation time. Vacation and other time off from work are notlage regulated by the FLSA. However, some states requirepayment of unused vacation leave upon termination. Company policy is also a factor. If the employer does provide paid vacation, the time accrued (collected) becomes parte of the employees compensation as per company policy and state law. If you are fired or you quit, and you have vacation time accrued, you are entitled to payment for that time. Use It or Lose It Vacation Leave Some employers who provide vacation time adopt a use it or lose it policy, where they requireemployees who dont use their accumulated vacation by the end of the year to lose it. Use-it-or-lose-it policies are illegal in some states, including California, Montana, and Nebraska. Other states including North Dakota, Massachusetts, and Illinois require employers to give their staff a reasonable opportunity to use their vacation time before losing it. Some states, including New York and North Carolina, require employers to formally notify staff of any policies indicating that they will lose vacation if they dont use it. Unpaid Commission or Bonus Your compensation may includecommissionsor bonuses based on performance benchmarks, such as production or sales quotas. Bonuses and commissions are not regulated by the FLSA. Whether or not youre entitled to bonuses or commissions is determined by your agreement with your employer and the laws of the state where you work. However, if you have been promised a bonus or commission for achieving certain benchmarks, and you have achieved those, you are entitled to receive the commission or bonus promised by your employer. If your employer does not give you a promised bonus or commission, he or she is violating employment law. Misclassification of Employees as Exempt Workers Confusion aboutexemption rulesis common among both employers and employees. Despite what many people think, exemptions have nothing to do with your title or job description. Whether you receive asalary rather than an hourly wageis not necessarily enough to determine your status either. Be aware of your salary level and job duties, as they are the determining factors for your classification. Knowing whether or not you are exempt is important because exempt employeesare not entitled to receiveovertime payas guaranteed by the FLSA. Misclassification of Employees as Independent Contractors Independent contractors, by definition, are self-e mployed workers who are not covered by the tax and wage laws that apply to employees. This is because employers do not pay Social Security, Medicare orfederal unemploymentinsurance taxes on independent contractors. If you are not anindependent contractor, make sure your employer isnt classifying you as one. Independent contractors are not eligible for certain benefits such as medical, dental, and unemployment benefits. Unpaid or Improperly Calculated Overtime Pay Under the FLSA,overtime payrules are based on a 40-hour workweek. The FLSA states that all work over 40 hours in a workweek must be paid at a rate of one and one-half times the employees regular hourly rate.Non-exempt employeesmay be paid on a weekly, bi-weekly, semi-monthly, or monthly basis, but overtime is always calculated by the Monday through Friday workweek. Make sure youre keeping track of your hours worked, and make sure that you are receiving properly calculated overtime pay. Comp Time Instead of Overtime Pay Comp ensatory time, commonly referred to as comp time, is generally paid time off granted instead of overtime wages. For example, rather than paying employees time-and-a-half for overtime during a busy season, a business may offer comp time to be taken at a later date. While comp time may be legal depending on the classification of the employee, it must always be paid at the same rateas overtime wages 150%. According to the FLSA, private employers can only give comp time if it is in the same pay period as the overtime work. There are also differences between comp time for exempt and non-exempt employees. Non-exempt employees must be paid overtime. Giving non-exempt employees comp time is a violation of employment law. Make sure you are receiving proper compensation for overtime work. False Reporting Many employers establish rules that overtime work will not be permitted or paid without prior authorization. Some choose to look the other way whennon-exempt employeeswork overtime and dont a llow those hours to be reported. These policies dont comply with the FLSA. Employees must report their overtime hours. Minimum Wage Violations As of July 24, 2009, the federalminimum wagefor most covered employees is $7.25 per hour. Some exceptions include certain student workers and certain disabled workers, who may be paid at a lower rate. The minimum wage for young workers under the age of 20 is $4.25 per hour during their first 90 days of employment only (consecutive calendar days, not days of work). This applies to every job a person has until he or she turns 20. It does not just apply to his or her first job. Workers who receive tips on the job may be paid aminimum hourlyrate of $2.13, as long as the hourly rate plus tips received totals at least $7.25. Make sure you are receiving the proper minimum wage (at least) based on these requirements. Twenty-eight states and some cities have higher minimum wages so be sure to review the statutes in your location. For example, Arizona, California, Colorado, Hawaii, Maryland, Massachusetts, Oregon, Rhode Island, Vermont, and Washington all have established a minimum wage of $10 or more. Whistleblowing Awhistlebloweris someone who complains about illegal activity or activity in violation of company policy at anemployer. A whistleblower can be an employee, supplier, client, contractor, or anyone who may have insight into any illegal activity occurring at a business or organization. Those complaints are often voiced in public or reported to government or law enforcement agencies. Whistleblowers have often been fired by the company they work for. Whistleblowers that do retain their jobs may face blacklisting, demotions, overtime exemptions, benefit denial, threats, reassignment, or a reduction in pay. The Whistleblower Protection Act provides legal protection for federal employees in addition to the protective laws created by theSecurities and Exchange Commission(SEC) andOccupational Safety and Health Administration(O SHA). Workplace Discrimination Unequal treatment or harassment based on race, gender, religion, age or nationality in the workplace or as part of the hiring process is expressly prohibited by the Civil Rights Act of 1964. Sexual harassment is one widespread form of workplace discrimination. While not all unfavorable treatment constitutes unlawful discrimination, any employee who believes that he or she has experienced workplace discrimination can file a complaint with the EEOC (The Equal Employment Opportunity Commission). Hereshow to file an employment discrimination claim. More Information on Workplace Violations If you think your employer is committing a workplace violation, your first step is to get as much information as you can. Check out the elaws Advisors- these are interactive tools provided by theUS Department of Labor. These can give you more information about a number of federal employment laws. Contact your State Department of Labor Office for information about empl oyment laws impacting your state. Ask your Human Resources office or labor union for clarification of any employer policies as a first option to redress any grievances. Consult an employment lawyer if you are not satisfied with any resolution of issues surrounding your situation.