Employers can't retaliate against their employees for reporting labor law violations.
Retaliation is an action taken against an employee to punish that employee for complaining about labor law violations, providing information to the Department of Labor, or participating in proceedings at the Department of Labor. It can take many forms. These actions could be considered retaliatory under certain circumstances:
- Dismissal from employment
- Cut in work hours
- Reschedule for less desired hours
- Reassign to less desired work location
- Cut in pay
- Disciplinary action
- More intensive or critical supervision
- Demotion or transfer
- Withdrawal of previously allowed privileges
- Assignment to more difficult duties
- Demanding increased production
Threats to take such actions, and/or threats to subject the employee to a lawsuit or criminal authorities, or deportation authorities.
This list does not cover all possibilities.
You have the right to:
- Find out what the Labor Law requires
- Complain and ask your employer to fix a possible violation of the Labor Law
- File a complaint with the Labor Department
- Pursue all wages owed to you either through the Labor Department or through a private legal action
- Give information to the Labor Department
- Answer truthfully when interviewed by a Labor Department investigator
- Testify in an official proceeding under the Labor Law
- Not be retaliated against (punished) because you exercised any of your rights under the Labor Law
- Take an absence that is legally protected by federal, state, or local law
All workers have these rights, regardless of their citizenship or immigration status.
If you think you have been a victim of retaliation, contact us.
E-mail: [email protected]