The National Labor Relations Act (NLRB) and those monitored by the U.S. Equal Employment Opportunity Commission (EEOC) safeguard employees from discrimination, unfair labor practices, and hostile work environments.
Your boss, just like everyone else in the workplace, is subject to these laws even when their decisions or actions appear harmless. Generally, here are 10 things your boss can't legally do:
1. Ask Prohibited Questions on Job Applications
Employers are prohibited from engaging in hiring discrimination by asking about age, marital status, religion, or plans for pregnancy in job interviews.
2. Require Employees to Sign Broad Non-compete Agreements
Employers cannot require applicants to sign non-compete agreements restricting them from working for a competitor after leaving the company. In places where this is legal, agreements cannot be so wide-reaching that it makes it difficult for someone to find a job in their field afterward.
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3. Forbid Pay Discussions With Co-Workers
Employers cannot prevent salary or benefits discussions, as it could be considered an illegal attempt to hinder workers from organizing or forming a union. Prohibiting such discussions violates the National Labor Relations Act (NLRA) and poses challenges in terms of gender equality laws, hindering employees from assessing wage equality with their co-workers.
4. Not Pay Overtime
According to the Fair Labor Standards Act, employers must provide non-exempt employees with overtime pay when they work more than 40 hours a week. Some states, like Alaska, California, and Nevada, have stricter rules, requiring overtime pay for those working over eight hours daily.
5. Discriminate Against Workers
The EEOC bans discrimination based on eight categories: race, color, religion, sex, national origin, age, disability, and genetic information. These protected classes should not influence employment decisions, including hiring, setting pay, and granting promotions.
6. Allow You to Work Outside Paid Shift
Employees covered by the Fair Labor Standards Act, who are considered non-exempt, should not be asked to work outside their paid shifts and should also be compensated appropriately to avoid legal issues and penalties.
7. Retaliate Against Whistleblowers
Employers cannot fire or discipline employees who report illegal activities at the workplace. However, it's important to understand that whistleblower protection laws only apply if the complaint is about significant issues like fraud or corruption and not about a disagreeable boss.
8. Discipline for Complaining About Work on Social Media
According to the NLRA, employees are free to discuss their employers publicly, even on social media. Restricting such communications can be considered an illegal attempt to hinder unionizing or organizing. However, employees should be cautious when making threats, engaging in harassment, or spreading maliciously false statements online that could lead to disciplinary action or dismissal from a job.
9. Turn a Blind Eye to a Hostile Workplace
Employers must address worker complaints properly to ensure a safe workplace. The EEOC defines a hostile work environment as enduring offensive conduct that is severe and pervasive, making the workplace intimidating, hostile, or abusive. In some states, companies must provide sexual harassment training for workers or supervisors.
10. Classify You as an Independent Contractor But Treat You Like an Employee
Businesses hire independent contractors to cut costs and avoid benefits and taxes. However, misclassifying workers as independent contractors when they're employees is typical. Workers are considered employees, not independent contractors, if a company controls when and how they work.
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