In the majority of cases, individuals have positive experiences in their jobs. Employers treat their workers fairly, adhere to labor laws, and provide satisfactory compensation that enables employees to improve their financial situation beyond the cycle of living paycheck to paycheck.
However, there are instances where employers fail to comply with labor laws, which can have detrimental effects on employees. When an employer violates labor regulations, it can significantly impact the well-being and rights of the employees.
Here are 5 shocking things your employer legally can’t do.
1. Ask certain questions
In accordance with federal law, employers are prohibited from asking certain types of questions during conversations with workers. These restrictions aim to protect individuals from potential discrimination and ensure equal employment opportunities for all.
Employers are generally prohibited from asking questions about an individual’s citizenship or immigration status, unless it is directly related to their ability to work legally in the country. This safeguard prevents discrimination based on national origin or immigration status, promoting fair treatment and equal opportunities for all employees, regardless of their background.
Similarly, inquiries about marital status are generally considered inappropriate and irrelevant in the employment context. Employers should not ask about an individual’s marital status, including questions regarding their spouse, marital history, or future plans to marry. These restrictions help prevent discrimination based on marital status, ensuring that hiring and employment decisions are based on merit and qualifications rather than personal relationships.
2. Pay in cash to hide taxes
It is allowed for employers to provide your wages in cash as long as they comply with the necessary deductions and report your earnings accurately to the government. However, it is essential to note that it is illegal for employers to pay you in cash as a means to evade reporting your income for tax purposes.
It is important to fulfill your tax obligations by reporting all of your income truthfully and accurately. Failure to do so can have serious consequences, including substantial tax fines, penalties, and potential legal repercussions.
Tax authorities have the ability to detect unreported income through various means, such as data matching, audits, and information sharing between financial institutions and government agencies. If you are discovered to have earned money that you did not report, it can result in significant financial and legal consequences.
3. Discriminate
Employers are bound by law to treat their employees fairly and without discrimination. There are various protected characteristics that employers are prohibited from discriminating against, including: race, gender, age, religion, national origin or disability status.
Discrimination based on any of these factors is not only morally wrong but also against the law. If you experience discrimination in the workplace, you may have grounds for legal action against your employer. It is important to document instances of discrimination, gather evidence, and consult with an employment attorney or relevant government agencies to understand your rights and explore potential remedies.
Employers have a responsibility to foster an inclusive and non-discriminatory work environment that respects the rights and dignity of all employees. By promoting diversity, equality, and fairness, businesses can create a positive and productive workplace for everyone.
4. Treating employees as contractors
Employers may opt to hire independent contractors in order to minimize costs. By classifying workers as independent contractors, companies can avoid expenses such as providing benefits, paying overtime, offering severance packages, and other associated costs.
However, it is crucial for employers to correctly classify workers according to their employment status. Simply labeling a worker as an independent contractor while treating them like an employee is not permissible under the law. Determining the distinction between an independent contractor and an employee can be complex, but there is a fundamental rule that employers must abide by.
They cannot exercise control over the independent contractor’s work schedule and methods. Once an employer starts dictating when and how the work is performed, the worker is considered an employee rather than an independent contractor.
5. Withhold your paycheck
It is against the law for an employer to withhold your paycheck. When you agree to provide services for an employer and invest your time and effort, you have the right to receive full and timely compensation for your work.
Payment delays or withholding wages can have severe consequences for employees. It disrupts their financial stability, making it challenging to cover essential expenses such as rent, bills, and daily necessities. Moreover, it undermines the trust and mutual understanding between the employer and employee, creating a hostile work environment.
To safeguard employees’ rights, labor laws are in place to ensure fair and timely compensation. These laws vary across jurisdictions but generally require employers to pay employees at regular intervals, such as weekly, biweekly, or monthly, as agreed upon in the employment contract or determined by local regulations.
In situations where an employer fails to provide payment or intentionally withholds wages, employees have legal recourse to address the issue. They can file a complaint with the appropriate government agency responsible for labor standards enforcement, such as the labor department or employment tribunal.
