Retaliation for asking about overtime is illegal
Key points
- The FLSA makes it illegal to fire or punish a worker for complaining about wage violations or taking part in an investigation.
- Retaliation can include firing, cut hours, demotion, schedule changes or threats.
- Document everything in writing, with dates.
The protection
The FLSA prohibits employers from discharging or discriminating against an employee because the employee filed a complaint, started or testified in a proceeding, or is about to testify. Courts have recognized that complaints can be oral or written, as long as they're clear enough to put the employer on notice that you're asserting your rights.
What retaliation can look like
- Termination or a sudden "performance" write-up after a pay complaint
- Cutting your hours or moving you to undesirable shifts
- Demotion, loss of duties or exclusion from opportunities
- Threats, including threats to report immigration status
What to do
- Put your pay concern in writing, such as a short email to HR or your manager, and keep a copy.
- Write down what happened afterward, with dates, names and witnesses.
- Save schedules and pay records that show changes.
- Contact the Wage and Hour Division or an employment lawyer. Retaliation claims can carry their own damages.
See what you could be owed
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