Did you know that in 2023, the Wage and Hour Division (WHD) recovered over $212 million in unpaid wages for more than 163,000 employees, averaging $1,296 per worker? Employees trust employers to uphold their rights and guarantee a fair working environment. But in some cases, these rights can be violated, leading to legal and ethical implications. According to English Lloyd & Armenta, employee rights violations can have far-reaching consequences for both the workforce and the organization. From discrimination to unsafe working conditions, the list goes on. Understanding these common violations is necessary for employees and employers.
Let’s talk about the most The Five Most Common Violations of Employee Rights:
Wage and Hour Violations
Wage and hour violations can take various forms, such as employers not paying the minimum wage, denying overtime pay, or requiring employees to work off the clock. When minimum wage laws are violated, employees aren’t receiving the legally mandated compensation for their work. This can disproportionately affect low-wage workers who may already be financially vulnerable.
Overtime violations happen when eligible employees do not receive the necessary time and a half pay for the hours they work beyond the typical 40-hour workweek.
Sometimes, employers mistakenly label employees as exempt from overtime pay or encourage them to skip breaks or work beyond their scheduled hours without proper compensation.
Working off the clock is when employees are not compensated for tasks such as pre-shift or post-shift work, responding to emails after hours, or participating in mandatory meetings. Employers need to ensure that every hour worked is properly recorded and fairly compensated. Failure to do so violates employees’ rights and undermines fair labor practices.
Discrimination in the Workplace
Discrimination, such as unfair treatment based on race, gender, age, disability, religion, or sexual orientation, often happens at work. When you experience discrimination in the workplace, it not only affects your morale but also hampers your ability to perform your job effectively.
Employers are required by law to ensure that discrimination is prevented and to foster a workplace where all individuals are treated with dignity and fairness.
Discrimination can manifest in hiring practices, promotions, job assignments, and even in the way employees are disciplined. If you feel that you are facing discrimination, it is important to keep a record of what has happened and share your concerns with the right people in your organization, like HR or a supervisor.
Everyone deserves to have their rights safeguarded by law, and it is important that no one faces discrimination at work.
Unsafe Working Conditions
Facing unsafe working conditions is a serious concern that can jeopardize your well-being and rights as an employee. Your employer is required by law to ensure that the workplace is safe and healthy for everyone. It is important to make sure that safety measures are properly implemented, equipment is kept in good condition, and employees receive the training they need to manage potentially dangerous situations.
Common examples of unsafe working conditions include exposed wiring, slippery floors, a lack of personal protective equipment, inadequate ventilation, and improper handling of hazardous materials.
Any of these workplace hazards should be reported to your employer or authorities immediately. You have the right to refuse to work in conditions that pose a threat to your health and safety. Your employer can’t retaliate against you for raising concerns about unsafe working conditions.
You can sue your employer if you get hurt at work due to unsafe working conditions. In most cases, workers’ compensation laws provide benefits for workplace injuries without litigation. But if your employer’s negligence can be proven or third parties (not your employer) are involved, you may have grounds to sue.
If you believe your rights are being violated in this regard, consider seeking legal advice or contacting the Occupational Safety and Health Administration (OSHA) for further assistance.
Retaliation Against Employees
When employees stand up for their rights or voice concerns about workplace matters, they may face negative actions from their employers as a form of retaliation.
This kind of retaliation is against the law and goes against the rights of employees. If you face retaliation for voicing your concerns about unfair treatment, discrimination, harassment, or any other workplace issue, it is important to understand that you have rights and protections provided by the law.
Your employers cannot take negative actions against you for standing up. Retaliation in the form of being demoted, having your pay reduced, changing job duties, or even losing your job can be grounds for a retaliation claim.
You can file a complaint with the Equal Employment Opportunity Commission (EEOC) if you have experienced retaliation. Standing up for your rights shouldn’t lead to retaliation.
Lack of Accommodation for Disabilities
If your employer fails to provide necessary accommodations for disabilities, it can hinder your ability to perform your job effectively and comfortably. According to the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations for employees with disabilities, helping them to effectively carry out their job responsibilities.
These accommodations might involve changing work schedules, providing specialized equipment, or making adjustments to the physical workspace. Some employers might overlook the need for essential accommodations, which can result in discrimination and challenges in completing tasks.
When your employer fails to support your disability, it can lead to heightened stress, reduced productivity, and even physical discomfort. Not having the right support can make people feel left out and treated unfairly at work.
Communicate with your employer about your specific needs and work together to find suitable accommodations. If your employer continues to neglect providing necessary accommodations, you have the right to seek legal recourse to protect your rights as an employee with a disability.
Conclusion
Employers should be aware of and address these most common violations of employee rights in the workplace. By addressing these issues proactively and ensuring compliance with labor laws, employers can create a positive and respectful workplace for all employees.
If you have experienced these violations of your legal rights, you can consult a lawyer who can assess whether or not you should file a case against your employer.
