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1. Prohibiting Co-Workers From Discussing Salary Information
While it is fairly common for bosses to discourage you from discussing your pay scale, it is not a legal obligation that requires compliance from your end. Having a policy in place that prohibits workers from openly discussing their salaries and job benefits is a violation of several federal laws.
The National Labor Relations Act (NLRA) in the US, for instance, clearly states that employees have a right to freely discuss the terms and conditions of their employment. Any work rule or hiring agreement contradicting this principle is not compliant with the law, and you should feel free to challenge it.
Your boss might have his or her reasons for asking workers to keep their wages confidential, as transparency around the topic could bring up wage discrepancies and unfair practices. Any attempt to gag workers or implement negative measures against them for doing so, however, is not legally sustainable.
In the same way, any disciplinary action for disclosing salary amounts is unlawful - be it through interrogation, threats, or any form of surveillance or retaliation. For an employee, it is important to keep this in mind before self-censoring or holding back on seeking clarity on differential pay standards or salary structures.
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2. Asking For Unpaid Overtime Hours
The demand for clocking in additional hours or extending your work beyond stated job requirements without receiving additional remuneration is illegal.
The Fair Labor Standards Act (FLSA) requires that your boss and employer ensure overtime pay when you exceed 40 hours of work per week. Some states enforce this more strictly than others. Under California law, you are eligible for overtime pay at no less than 1.5 times your regular rate if you work for more than 8 hours a day. In short, and even though such malpractice is often reported, your boss cannot force you to work overtime without adequately compensating you.
A 2021 survey by ADP, a payroll and HR expertise company, revealed that workers in North America put in an additional nine hours of unpaid overtime every week.
FLSA guidelines are clear about the illegality of such practices, and it is important to bring about awareness about them. President Joe Biden recently rolled out new legislation that could extend protection for low-paid workers and bring overtime pay benefits to over 3.6 million salaried workers. This means your boss can face penalties for failing to compensate you for extra shifts, including charges of wage theft.
3. Terminating an Employee For Trying to Unionize
It is not legal for your boss to fire you for attempting to form a union or organize with your co-workers for better work and pay conditions.
Under the NLRA, you cannot be “...fired, disciplined, demoted, or penalized in any way for engaging in these activities.” Section 7 of the Act also protects the right of workers to strike and engage in activities to collectively bargain, regardless of the existence of a union. There are, however, certain limitations and qualifications that can determine the lawfulness of a strike, based on factors like set objective, purpose, and conduct of the striking workforce.
Overall, if your boss or employer interferes with exercising the fundamental right to form a union or coerces employees into not participating in union activities, they are violating the NLRA and are acting in contravention of US federal law.
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4. Discriminatory Practices
A hostile workplace can create barriers to productivity and motivation across the board. Your boss treating you unfairly due to an inherent trait is not simply misbehavior, but a graver issue that you must not let slide under the rug.
Discriminating against an employee during the hiring process or in the workplace, based on characteristics such as their sex, gender identity, sexual orientation, race, color, religion, ethnic origin, genes, age, or disability, is illegal.
Your rights as an applicant or an employee are protected by laws under the US Equal Employment Opportunity Commission (EEOC). Other federal laws such as the Civil Rights Act of 1991 provide monetary compensation for intentional prejudicial behavior.
The EEOC is obligated to enforce federal laws to make sure that company leadership complies with principles of fairness. You can raise a complaint on the EEOC public portal within 180 to 300 days of an incident if you feel you have been treated unfairly based on the characteristics mentioned above.
Company culture is ultimately dictated from the top to the bottom. For any workplace to cultivate a healthy environment, it is important for fair and equal treatment to be practiced by one and all, especially the leadership.
Denial of opportunities based on stereotypes around personal attributes can also adversely harm a company's interests and tarnish its legacy and reputation in the long run.
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