According to the Fair Labor Standards Act (FLSA), every non-exempt employee in the United States must be paid at least one and a half times their normal wage if they work more than eight hours in a day, or forty hours in a week. And yet, employers regularly refuse to pay their employees the wages they have earned, effectively stealing money they are legally entitled to. So how do you know if your employer is stealing your overtime pay, and what should you do if they are?
Mandatory arbitration agreements have become more common in the past few years, with some employers requiring them of every employee that works for them. These agreements, while poorly understood, can have a substantial impact on an employee’s ability to exercise their legal rights. But why do employers like mandatory arbitration agreements, and why do they put them into employment contracts? Continue reading “Why Do Employers Like Mandatory Arbitration Agreements?”
In a recent complaint before the National Labor Relations Board (NLRB), Activision Blizzard was found to have illegally retaliated against unionized workers. The company was found to have withheld raises from unionized workers that were granted to non-unionized workers, which the NLRB found constituted illegal retaliation. Activision Blizzard, for its part, denies that it engaged in any wrongdoing, and says it was merely following the law by not granting raises during a labor dispute.
Title VII of the Civil Rights Act of 1964 protects people from being discriminated against at work on the basis of race, religion, sex, nationality, or skin color. Unfortunately, some employers will discriminate against their employees anyway, with racial discrimination being a particularly persistent problem in workplaces across the country. Watch for these potential signs of racial discrimination, which may indicate a need to pursue legal action:
According to the New York State Department of Labor, there have been more than 31,000 employee misclassification cases in the state since 2007. While this is sometimes the result of an honest mistake, some employers will intentionally misclassify their employees as independent contractors, resulting in serious legal and financial problems. But why might an employer intentionally misclassify someone as an independent contractor? Continue reading “Why Might You Be Misclassified as an Independent Contractor?”
In an at-will employment relationship, employers have broad authority to fire employees, for a wide range of reasons. However, not every rationale for firing people is legal, and employers can face potential ramifications if they fire an employee for a legally prohibited reason. Here are five of the most common reasons that employees are illegally fired by their employers:
In terms of pure dollar amounts, wage theft is one of the biggest financial crimes in the United States, costing workers more than eight billion dollars a year, according to the Economic Policy Institute. This deprives workers of income they are legally entitled to, enriching employers at the expense of their employees. But what is wage theft, and how do you know if it is happening to you? Continue reading “Identifying the Signs of Wage Theft”
Suffice it to say that many employers are not fond of labor unions, and some businesses will go to extreme (and sometimes illegal) efforts to prevent a union from being organized among their employees. These tactics range from the surprisingly subtle to the absurdly overt. Here are some of the most common tactics employers use to try to keep employees from organizing unions:
Increasingly, employers have used credit checks to screen employees and make hiring and firing decisions. In fact, according to a 2018 HR.com report, as many as 16% of all employers in the United States conduct a credit check on all employees as part of the hiring process, and a third pull credit reports on at least some of their job candidates. But what is an employment credit check, and how can employers use them against their employees? Continue reading “How Employers Can Use a Credit Check Against An Employee”
By far the most common type of employment in the United States is what is known as at-will employment. In fact, it is estimated that nearly three quarters of all employees in the U.S. are considered to be at-will employees. But what does it mean for someone to be employed at-will, and why might that matter for you?