How to Spot Employer Misconduct and Labor Law Violations

With great power, comes great responsibility and through the years but as evidenced by thousands of employment disputes and labor law violation lawsuits filed by aggrieved employees annually, employers have constantly abused their power and try to get away when they can.

This is the reason why it is important for employees to be knowledgeable about labor laws so that they would know when to fight for their rights. Here are some of the most common examples of employer misconduct and employment violations:

• Sexual Harassment – Under the law, it is unlawful for an employer to sexually harass employees (whether male or female) through actions/misconduct like making unwanted sexual advances or requests, verbal and physical of a sexual nature, or a hostile work environment. Sexual harassment is also a form of gender discrimination and another form of harassment may include offensive remarks about the employee’s gender. In 2009, as many as 12,696 cases of sexual harassment was filed with the EEOC.

• Non-payment of Minimum Wage and Overtime Pay – In California, as of January 1, 2008, all non-exempt employees must be paid the minimum wage of $8.00 per hour. Also, all employees who render overtime work, whether authorized or not, must be paid at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight up to an including 12 hours in any workday. If an employer violates the following laws, an employee may file a wage claim against the employer.

• Retaliation – An employer is guilty of retaliation and misconduct if he fires, demotes, threatens to terminate, harasses, or punishes an employee who has engaged in a “protected activity”. The following are examples of protected activities under the law: reports corporate fraud and/or illicit activity, files a wage claim, time off to serve on a jury, complains about a safety or health hazard and refuses to perform hazardous work.

• Discrimination – Discrimination is one of the most rampant types of employer misconduct and under the law, it is illegal for an employer to discriminate against his employee through hiring, promotion, giving of benefits, compensation, and termination on the basis of the employee’s disability, age, nationality, religion, race, gender and even genetic information.

• “Willful and Serious Misconduct” – An employer’s actions is considered serious and willful misconduct if an employer actually knew of the dangerous condition yet deliberately failed to take corrective action, which resulted to an employee’s injury. The conduct is deemed to be more than gross negligence and it is of quasi-criminal in nature. If found guilty of willful and serious employer misconduct, the employer would be liable to pay an amount equal to half the value of all benefits paid as a result of the injury which would include temporary and permanent disability, medical and vocational rehabilitation benefits.

If you are a victim of any of these employment violations and employer misconduct, consult with an employment law attorney to assist you in filing the appropriate case.