Unpaid wages, discrimination or an unsafe job

Wages and overtime: the Fair Labor Standards Act (FLSA)

• Minimum wage. Covered workers must be paid at least the federal minimum wage. Many states and cities set a higher minimum, and when they do, the employer has to pay the higher rate.
• Overtime. Unless they're exempt, employees covered by the FLSA must be paid at least time and one-half their regular rate for hours worked over 40 in a workweek.
• Exemptions depend on the job, not the label. A job title, or being paid a salary, doesn't by itself make someone exempt from overtime. Exemptions depend on the duties of the job and how it's paid.
• Tips belong to workers. An employer, including managers and supervisors, can't keep employees' tips.
• Records. Employers must keep records of hours worked and wages paid.
• Contractor or employee. Being called an independent contractor doesn't settle the question. If you're really an employee under the law, FLSA protections apply.
• No retaliation. It's illegal to fire or punish a worker for complaining about wages or for filing a complaint.

Sources: DOL, overtime pay (opens in a new tab), DOL, minimum wage (opens in a new tab)

Discrimination and harassment: laws enforced by the EEOC

The U.S. Equal Employment Opportunity Commission enforces federal laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Equal Pay Act, the Genetic Information Nondiscrimination Act and the Pregnant Workers Fairness Act.

• Who is protected. The EEOC lists these protected bases: race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability and genetic information.
• Which employers are covered. Title VII and the ADA generally cover employers with 15 or more employees. The age law covers private employers with 20 or more. The Equal Pay Act covers almost all employers.
• Harassment. Harassment is illegal when putting up with it becomes a condition of keeping your job, or when it's severe or pervasive enough that a reasonable person would find the workplace hostile or abusive.
• Accommodations. Employers generally must make reasonable accommodations for a disability, for religious practices, and for known limitations related to pregnancy, unless doing so would cause undue hardship.

Sources: EEOC, how to file a charge (opens in a new tab), EEOC, threshold issues (opens in a new tab), EEOC, harassment (opens in a new tab)

Retaliation

The EEOC describes retaliation as punishing job applicants or employees for asserting their right to be free from discrimination. Protected activity includes filing or being a witness in a charge or lawsuit, complaining to a supervisor about discrimination or harassment, answering questions in an investigation, and asking for a disability or religious accommodation.

Most jobs in the U.S. are "at will," which means an employer can usually end the job for any reason or no reason. But it can't fire you for an illegal reason, such as discrimination or retaliation.

Source: EEOC, retaliation (opens in a new tab)

Talking about pay

The National Labor Relations Act protects most private-sector employees who discuss their wages and working conditions with coworkers, whether or not there's a union. Supervisors are generally not covered.

Source: NLRB, concerted activity (opens in a new tab)

Unsafe work: the Occupational Safety and Health Act

The OSH Act requires employers to provide a workplace free from recognized serious hazards and to follow OSHA standards.

• You can file a confidential complaint and ask OSHA to inspect. You can ask OSHA not to tell your employer who complained.
• Report hazards promptly. OSHA generally can't issue a citation for a violation that happened more than six months earlier.
• Retaliation is illegal. A worker who is punished for raising a safety concern can file a whistleblower complaint with OSHA, but the deadline is short (see Deadlines below).
• State plans. Some states run their own OSHA-approved programs. In those states, safety and health complaints are generally handled by the state program (federal OSHA forwards complaints it receives there), and a retaliation complaint can be filed with both the state program and federal OSHA.

Sources: OSHA, file a complaint (opens in a new tab), OSHA, worker rights and protections (opens in a new tab)

If you were hurt at work

Workplace injuries are usually handled through your state's workers' compensation system, which generally limits lawsuits against the employer. A claim against someone else, such as the maker of a defective machine, may be separate. States set their own reporting and filing deadlines, and some are short.

• You were paid less than minimum wage, or weren't paid for all the hours you worked, including work before or after your shift
• You worked more than 40 hours in a week without overtime pay, or were told salaried workers never get overtime
• A manager or owner kept part of your tips
• You're called an independent contractor, but the company controls your schedule and how you do the work
• You were treated worse, harassed, demoted or fired because of race, sex, pregnancy, age, disability, religion, national origin or another protected trait
• A request for an accommodation was refused without a real conversation
• Your hours were cut, or you were disciplined or fired, soon after you complained about pay, discrimination, harassment or safety
• You reported a dangerous condition and nothing was done

None of these on its own means you have a case. A lawyer can look at the facts.

1. 1

   Step 1: Write it down now.

   Dates, what happened, who was there and what was said. Keep your notes at home or on a personal device, not on a work computer or account.

2. 2

   Step 2: Track your hours and pay.

   Note start and end times and breaks, and compare them with your pay stubs.

3. 3

   Step 3: Keep what you're allowed to keep.

   Pay stubs, schedules, your offer letter, the employee handbook, performance reviews, and texts or emails sent to you. Don't take confidential company documents you aren't authorized to have. Ask a lawyer first.

4. 4

   Step 4: Report it inside the company if it's safe.

   Use the complaint process in the handbook, put it in writing, and keep a copy.

5. 5

   Step 5: Mark your deadlines.

   Count from the date of the pay problem, the discriminatory act, or the retaliation.

6. 6

   Step 6: File with the right agency.

   The Wage and Hour Division for pay, the EEOC for discrimination, harassment and related retaliation, and OSHA for safety and safety-related retaliation.

7. 7

   Step 7: Don't sign a severance agreement or release yet.

   Wait until you understand which rights you'd be giving up.

• Federal employees: generally must contact their agency's EEO counselor within 45 days (29 CFR § 1614.105 (opens in a new tab)).
• Lawsuit after the EEOC: within 90 days of receiving a Notice of Right to Sue (EEOC, filing a lawsuit (opens in a new tab)).
• Equal Pay Act: no EEOC charge is required. A lawsuit must be filed within two years of the pay discrimination, or three if it was willful.
• National Labor Relations Act: a charge with the NLRB generally within six months (29 U.S.C. § 160(b) (opens in a new tab)).
• Age discrimination releases: if you're 40 or older and asked to sign away age discrimination claims, federal law generally requires at least 21 days to consider the agreement (45 days in a group layoff) and 7 days to change your mind after signing (29 U.S.C. § 626(f) (opens in a new tab)).

State laws can add protections and set different deadlines, and state workers' compensation deadlines vary.

• You were fired, demoted or had your hours cut after you complained
• Harassment is continuing, or the company didn't act on your report
• Unpaid wages or overtime go back months or years
• You've been offered a severance agreement or asked to sign a release
• You were hurt at work and your workers' compensation claim was denied
• A deadline is close

Several employment laws, including the FLSA and Title VII, allow courts to order an employer to pay a winning employee's attorney's fees. Ask any lawyer how their fees work before you sign anything.

• U.S. Department of LaborDOL Wage and Hour Division: how to file a complaintComplaints are confidential. Call 1-866-487-9243.dol.gov (opens in a new tab)
• U.S. Department of LaborDOL: overtime paydol.gov (opens in a new tab)
• U.S. Department of LaborDOL: minimum wageIncluding state minimum wages.dol.gov (opens in a new tab)
• Equal Employment Opportunity CommissionEEOC: how to file a charge of discriminationStart online or call 1-800-669-4000.eeoc.gov (opens in a new tab)
• Equal Employment Opportunity CommissionEEOC Public PortalSubmit an inquiry and schedule an interview.publicportal.eeoc.gov (opens in a new tab)
• Equal Employment Opportunity CommissionEEOC: time limits for filing a chargeeeoc.gov (opens in a new tab)
• Equal Employment Opportunity CommissionEEOC: harassmenteeoc.gov (opens in a new tab)
• Equal Employment Opportunity CommissionEEOC: retaliationeeoc.gov (opens in a new tab)
• Occupational Safety and Health AdministrationOSHA: file a complaintOnline, by mail, or call 1-800-321-6742.osha.gov (opens in a new tab)
• Occupational Safety and Health AdministrationOSHA: worker rights and protectionsosha.gov (opens in a new tab)
• Occupational Safety and Health AdministrationWhistleblowers.govFile a retaliation complaint with OSHA.whistleblowers.gov (opens in a new tab)
• National Labor Relations BoardNLRB: concerted activityYour right to act together with coworkers.nlrb.gov (opens in a new tab)
• U.S. Department of LaborDOL: state workers' compensation officialsdol.gov (opens in a new tab)

More questions in the FAQ