While there are obvious workplace rightsthat employees are entitled to, there are many that employees may not know exist, such as the following:
You must be paid promptly: State laws often determine when you must receive your paycheck after the pay period ends. They also often require employers to pay an employee their final paycheck within 24 hours of termination of employment. Be sure to check with your state laws in order to determine what your specific laws are.
Your employer can’t withhold your paycheck: Perhaps your performance has been poor, you broke an expensive piece of equipment, or you made a costly error that is costing your business lots of money, no matter the circumstance, your employer may not deduct your pay. These are costs of doing business for your employer, and it can’t come out of your paycheck. While your error or poor performance may cost you your job, you still must be paid for all the hours you worked.
You cannot work off the clock: If you’re a non-exempt employee, and are paid hourly, you must be paid for all time worked. This is an important employee right that cannot be waived. It is also critical to understand that your employer cannot give you comp time in lieu of overtime pay, if working more than 40 hours.
Your employee handbook may be binding: While it depends on the particular case, often times the courts have ruled that rules and regulations that are made in employee handbooks are legally binding.
Your employer cannot prevent you from talking to your coworkers: The National Labor Relations Act (NLRA) protects employees from being able to discuss things such as wages and working conditions with each other.
If you feel that your workplace rights are being violated, and you have taken the appropriate actions, you may consult with an employment attorney. Maduff & Maduff has been specializing in harassment, discrimination, and wage theft for more than 20 years. Contact us for more information today.