If you speak with your company about wage issues or about not receiving overtime pay you are fully within your rights to demand your fair wages. But employer retaliation does happen, and this article will give you seven common signs of valid retaliation claims under the Fair Labor Standards Act.
Imbalance of Power
The Fair Labor Standards Act is in place to protect employees because it is clear that there is an imbalance of power between an employer and an employee. Usually an employer is thought to hold all the cards in the workplace, leaving you, the worker, with the idea that you cannot speak up about any issues without facing negative consequences. That’s why the FLSA makes it clear that current and former employees are protected if their employers retaliate against them for asking about fair pay.
- Failure to investigate employee complaints;
- Termination after asking about your wages, time records, or overtime pay;
- Giving a negative reference to retaliate against an employee;
- Changing your job duties so that you have to do more difficult tasks;
- Changing your schedule in a way that will prohibit you from being able to meet the demands with your schedule;
- Transfer of job duties to other employees;
- Your supervisor or manager engages in a continuously hostile or negative form toward you.
Current Case: Our firm currently represents a client who was fired shortly after bringing a wage and hour complaint against her employer. In that case, we filed an injunction against the employer and our client was reinstated to her former job. Read more.
Demanding fair pay is completely within protected activities outlined under the wage and hour laws. Retaliation claims allow employees to obtain a court order for reinstatement or back pay if an employee engaged in protected conduct and the employer retaliated against the employee.
If your employer has not paid you overtime after you have brought up the issue, contact our employment lawyers to review your case for free. You can also order our free book, The 10 Biggest Mistakes that can Hurt Your Wage and Overtime Claim, today.