Common Illegal Work Issues
No one is above the law, including employers. But while federal and Ohio State laws ensure employers don’t act illegally toward their employees, many employers overlook employment laws and treat their employees unjustly. Fortunately, an Ohio employment lawyer can help you protect your rights.
Sometimes, employers don’t understand their obligations because of complicated employment laws. Similarly, there are some cases where you don’t recognize when your employer isn’t following state and federal laws.
This is why it’s essential to know some of the common illegal work issues — which will help you identify them when they occur in your workplace. This blog post will explore common illegal work issues in Ohio and ways to deal with them.
7 Common Illegal Work Issues in Ohio
There are a lot of unfair things that employers do that are legal in Ohio. There are also a lot of work issues that are illegal in Ohio. If you’re experiencing similar work problems, you should contact an Ohio employment lawyer to make sure your rights are protected.
Employment Discrimination
Employers cannot discriminate against you based on age, race, sex, nationality, religion, disabilities, etc. Therefore, it is unlawful if you’re experiencing workplace issues based on gender or religion.
Additionally, getting passed on rewards or promotions because you are a different race than the company’s owner is illegal. Often times, it is difficult to prove discrimination in the workplace. However, contacting a knowledgeable Ohio employment lawyer can help you build your case against your employer.
Requiring Employees to Sign Unreasonable Non-Compete Agreements
Non-compete agreements are fairly common. They prevent you from working for a competitor for a set period after leaving a company. While Ohio allows your employer to enforce a non-compete agreement, they must ensure that it is reasonable according to Ohio employment law.
Prohibiting Employees From Discussing Wages
While employers might not want employees to compare their benefits and salary, prohibiting it is illegal. Also, trying to prevent you and your colleagues from organizing or unionizing is unlawful.
Not Paying the Minimum Wage
Employees need to know that not paying the minimum wage is another illegal work issue. Your employer must pay the minimum wage and not deduct operating costs like breakage, uniforms, etc., from your salary. It is also illegal when your employer forces you to work for tips without paying your salary.
Refusal to Pay Overtime
If you work beyond a certain amount of hours daily or weekly, your employer is required to pay you overtime. One of the problems with this work issue is that some employees are unaware of how many hours they work in a week.
However, except for exempt employees, the Fair Labor Standards Act states that workers must receive at least 1.5 times their hourly rate when working over 40 hours a week.
Ohio employment law on overtime wage is essentially the same. Therefore, if your employer isn’t paying you for overtime, an Ohio employment lawyer can help you file a claim to recover the wages you deserve.
Asking Employees to Work Off the Clock
Another illegal work issue you should note is when your employer asks you to work off the clock. Everyone deserves to get paid for doing their job, and working off the clock prevents that.
The Fair Labor Standards Act prevents this for non-exempt employees, meaning your employer can’t ask you to clean up or conduct prep work outside your shift.
You should also not request payment off-the-books or in cash, as this practice is illegal.
Retaliating Against Whistleblowers
Most employees are scared to make a complaint about illegal work issues out of fear of their employer’s retaliation. However, Ohio employment law makes it illegal for an employer to take disciplinary action or fire you for complaints about unlawful activities in the workplace. Therefore, you will have a claim against your employer for retaliation when that happens.
It’s common for employees to misunderstand the law that prohibits retaliation in the workplace. Note that this rule only applies if you complain about illegal issues like discrimination, fraud, or corruption. An unpleasant boss isn’t reason enough to file a retaliation claim.
How To Deal With Illegal Work Issues
Contact the human resources department if you believe your co-worker or employer is violating a labor or employment law, and ensure that the process is documented — as it could count as evidence if you choose to file a claim.
You can also contact an Ohio employment lawyer who will help you take civil actions against your employer. In addition, your lawyer can help you file an administrative complaint with the Ohio Civil Rights Commission. These actions would help to ensure changes in the workplace.
Ohio Employment Lawyers Are Here to Help
Illegal work issues can put you in uncomfortable situations. Therefore, you must take action if your employer is committing unlawful acts. Furthermore, reporting illegal activities at the workplace can protect existing and future employees.
If you want to take legal action against your employer, hiring an Ohio employment lawyer is the best way to do it. Hux Law Firm’s knowledgeable team represents employees across Ohio, and is committed to fighting for the outcome you deserve.
To schedule a free consultation with Hux Law Firm, contact our firm today.
