There are
stringent wage related laws in the US such as the Fair Labor
Standards Act (FLSA) and various state law protections. Still every
year many employers violate state and federal wage and hour laws.
Regardless of the fact that violation occurred intentionally or
unintentionally, employees have the rights to raise their voice
against it and there are some serious penalties for employers who
violate the law.
Unfortunately,
many workers make compromises with their rights just because of the
fears of negative actions that the employer may take against them.
One of their main concerns is getting fired from the job. It is
essential for all the workers to understand that the law protects
them from retaliation for invoking wage and hour rights. It does not
matter whether the complaint for violation was formal or informal,
you are protected by the law, but still it is always best to consult
with an attorney before taking that step forward, because if it’s
done informally, you need to prove that it happened!
No
employer is allowed to fire any employee for raising his voice
against the violations of wage laws. But it is kind of like freedom
of speech in a dictatorship – you can speak up in an oppressive
country like North Korea, but there are consequences afterwards.
Even though it’s illegal the employer can improperly fire you, but
you may have a strong lawsuit for retaliation, but not have a job,
that’s why someone who’s been through it before can discuss with
you your rights and the prospects of success. Retaliation does not
mean termination only, as it can also occur in different forms such
as demotion, change in job responsibilities, job title, etc.
Employees that experience such changes should consider it as
retaliation.
Therefore,
if your employer fails to pay state or federal minimum wages,
overtime or misclassifies you, do not hesitate to raise your voice,
but you should first seek help from an experienced overtime attorney to have an understand of how the law
protects you from retaliation in such situations. Your lawyer will
gather both direct and indirect evidence to prove retaliation.
Many
lawyers offer free consultation session and do not charge any fee
unless they win the case. Therefore, there are no reasons for you to
avoid or hesitate while seeking legal help. Honest pay is your right
and you must not make any compromises on it.
