What are some things my boss can't legally do at work?
**Discrimination Based on Protected Categories**: Employees are protected from discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information under federal law.
This means your boss can't make employment decisions based on these factors.
**Retaliation for Reporting Violations**: It is illegal for employers to retaliate against employees who report unlawful behavior, such as discrimination or unsafe working conditions.
This protection encourages a safer workplace environment.
**Beyond Minimum Wage**: Employers must pay at least the federal minimum wage or the state's minimum wage, whichever is higher.
They cannot legally pay you less based on factors like your role or perceived value.
**Overtime Pay Violations**: According to the Fair Labor Standards Act (FLSA), non-exempt employees must be paid 1.5 times their regular rate for hours worked over 40 in a workweek.
Your employer cannot deny you this pay if you qualify.
**Unsafe Working Conditions**: Under the Occupational Safety and Health Act (OSHA), employers must provide a safe workplace.
They cannot legally subject employees to unsafe environments that could lead to injury.
**Unpaid Work**: Employers cannot require you to perform work duties without compensation, including tasks like attending meetings or preparing for work prior to your scheduled shift.
**Illegal Background Checks**: Your boss can't run background checks without your consent, and there are strict regulations that govern how this process should work, especially concerning credit checks and criminal history.
**Restricting Your Right to Discuss Pay**: Under the National Labor Relations Act (NLRA), employees have the right to discuss their pay with each other.
Employers cannot legally prohibit those discussions.
**Invasive Surveillance**: Employers can monitor work emails and internet use, but they cannot legally invade personal privacy without proper notice.
This includes monitoring personal phone calls if there’s no explicit policy that informs employees.
**Forced Non-Compete Agreements**: Many states have laws that limit the enforceability of non-compete agreements, particularly if they are overly broad or impose unreasonable restrictions on your ability to work in your field after leaving a job.
**Disregarding Family and Medical Leave**: Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to unpaid leave for certain family and medical reasons.
Employers cannot legally deny this right.
**Ignoring Meal and Rest Break Regulations**: Employers must adhere to state laws regarding meal and rest breaks and cannot simply ignore these requirements or retaliate against employees who take entitled breaks.
**Requiring Personal Information Unjustly**: Your boss cannot legally require personal information (like social media logins) or divulge confidential information about other employees during job-related discussions.
**Asking Prohibited Questions in Interviews**: There are specific questions that cannot legally be asked during job interviews, including inquiries about marital status, age, or plans to have children, as these could lead to discriminatory practices.
**Unfair Demotion or Termination**: If an employee is demoted or fired without just cause or in violation of company policy, it may be considered wrongful termination, which is illegal under many circumstances.
**Favoritism and Landmines**: While bosses can have preferences, they cannot legally create a toxic work environment through favoritism, especially when it leads to discriminatory practices or harassment.
**Restricting Union Membership**: Employers cannot discourage employees from joining unions or participating in union activities, as this is protected under labor laws.
**Failing to Provide Reasonable Accommodations**: Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations for employees with disabilities unless it poses an undue hardship on the business.
**Breach of Employment Contract**: If there’s a written employment contract, employers cannot unilaterally change the terms without consent.
Violations of contract terms can lead to legal repercussions.
**Ignoring Harassment Complaints**: Employers are legally obligated to act on reports of sexual harassment and other forms of workplace harassment.
They cannot ignore claims or retaliate against those who report such behavior.