Employer retaliation - Know your workplace rights

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"Will I get fired if I bring an overtime or employment claim against my employer?"

One of the most common questions our attorneys hear is, "Will I get fired if I bring a wage claim against my employer?" If you have ordered a free copy of our wage and overtime guide, you know the answer to this question.

  • Employees covered under the Fair Labor Standards Act have protections in the event that they have to file a wage and overtime complaint against an employer.

Laws that create workplace rights also prohibit retaliation against employees who assert their FLSA rights. Each law contains its own anti-retaliation provision. Those anti-retaliation provisions define the boundaries of the conduct that they protect.


What the FLSA says about employer retaliation: 
You cannot be retaliated against for exercising a protected right under the FLSA. Protected rights can include:

  • talking about your wages with your co-workers;
  • complaining to a supervisor about overtime;
  • filing a complaint against your employer's employment practice that you have a reasonable belief is unlawful; 
  • complaining to a supervisor about discrimination;
  • complaining to a government agency;
  • whistleblowing, or reporting federal overtime and wage violations by your employer.


Retaliation law prohibits employers from "getting back" at employees who file a complaint against them. Retaliation claims allow employees to obtain a court order for reinstatement, back pay and other relief. In other words, the law prohibits an employer from getting even with an employee who engages in protected conduct under the FLSA.

If you want to learn more about wage and overtime claims under the FLSA, order our free book: The 10 Biggest Mistakes That Can Hurt Your Wage and Overtime Claim.


Video: I know I'm owed money, but will I get fired if I do anything about it?

FAQ:
If I'm paid a salary, do I lose my right to overtime pay?
How do I calculate my overtime pay?
If I am an independent contractor, do I lose my right to overtime pay?

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