Workplace Retaliation After Reporting Unfair Wages

Many people, especially those in the service industry, are victims of unfair wage practices. Federal law requires that all workers be paid at least the minimum wage and not be required to work more than 40 hours per week without overtime pay. Unfortunately, employees often don’t report unfair wages for fear of retaliation from their employers. However, retaliation itself is also illegal under federal labor laws.

Federal Wage and Hour Requirements

The Fair Labor Standards Act requires that employees be paid fairly for the work they perform. The Law establishes that:

  • Employees must be paid at least the federal minimum wage. The current rate is $7.25 an hour. (If your state has a higher state minimum wage, your employer must offer you that wage instead of the lower federal minimum wage.)
  • Employees must be paid one and one-half times their hourly wage for overtime work, which includes any work in excess of 40 hours per week.

Workers must be paid for work-related activities performed before or after a shift ends, as well as for travel time between job sites.

Retaliation in the workplace

When employers don’t pay their workers fairly, workers have a legal right to report unfair practices. Unfortunately, sometimes calling attention to an employer’s illegal practices causes the employer to retaliate by punishing or firing the employee. Therefore, many wage and overtime violations go unreported and employees are cheated out of money they have rightfully earned and are owed.

However, federal labor law also prohibits employers from taking retaliatory action against employers who report violations. This means that it is illegal for employers to fire, demote, or punish workers for speaking out against unfair wages and asking for money they are owed.