There are some employment practices that are illegal but very common, especially in low-wage jobs. Some employers take advantage of the fact that these employees desperately need their jobs to survive, and therefore are less likely to complaint about illegal practices. And many employers and employees alike aren't familiar with employment law.
Wage Violations: Failure to Pay Minimum Wage and Overtime
The federal Fair Labor Standard Act (FLSA), which establishes the minimum wage and sets the rules for overtime pay, is one of the most commonly violated employment laws.
Many employers think that small businesses are not covered by these wage provisions. In fact, the FLSA applies to almost all employers because it covers not only companies that do at least $500,000 in business each year, but also companies that engage in interstate commerce. Interstate commerce includes making, working on, or transporting products that have crossed state lines, doing business with customers in another state, and communicating by phone, mail, or email across state lines. Because of the way business is done in the Internet age, all but the very smallest and most local businesses are therefore covered by the FLSA.
Some common violations of the FLSA include failiing to pay the minimum wage, taking deductions from employee paychecks so their pay falls below the minimum wage, classifying employees as exempt from overtime, failing to pay employees for all hours worked, and forcing employees to work off the clock.
Unlawful Termination of At-Will Workers
Most employees in the U.S. work at will, which means they can quit at any time, for any reason, and they can be fired at any time, for any legal reason. Many employers mistakenly believe that they can't be sued for wrongful termination when they fire an at-will employee. However, even though at-will employees can be fired for any reason or no reason at all, they cannot be fired for an illegal reason.
At-will workers are protected from termination based on discrimination, retaliation, harassment, and immigration status (as long they are allowed to work in the country). In addition, they cannot be terminated for practicing their rights such as filing a worker’s compensation claim or lawsuit against their employers. Employedes who report illegal employer behavior are protected from termination, too.
From the author: California employment laws
