22 Things Your Boss Can’t Legally Do
In today’s complex work environment, understanding your rights as an employee is crucial. While employers hold significant authority, there are clear legal boundaries they must respect. This comprehensive guide explores 21 actions your boss cannot legally take, empowering you with knowledge to protect yourself in the workplace.
The relationship between employers and employees is governed by various laws and regulations designed to ensure fair treatment and safe working conditions. However, many workers remain unaware of the full extent of their rights, leaving them vulnerable to potential exploitation or mistreatment.
By familiarizing yourself with these 21 prohibited actions, you’ll be better equipped to recognize and address any violations of your workplace rights. Remember, knowledge is power when it comes to maintaining a just and equitable work environment.
Discrimination and Harassment
- Engage in Discriminatory Practices
- Allow a Hostile Work Environment
- Offensive jokes or comments related to race, gender, or other protected categories
- Unwelcome sexual advances or inappropriate touching
- Displaying offensive images or materials in the workplace
- Persistent bullying or intimidation targeting specific individuals or groups
- Retaliate Against Whistleblowers
- Termination or demotion
- Reduction in pay or hours
- Unfavorable job assignments or transfers
- Increased scrutiny or negative performance reviews
- Deny Overtime Pay
- Misclassifying employees as exempt
- Asking employees to work off the clock
- Averaging hours over multiple weeks to avoid overtime thresholds
- Pay Below Minimum Wage
- Withhold Final Paychecks
- Prohibit Salary Discussions
- Monitor Private Communications Without Consent
- Personal emails sent from private accounts
- Private phone calls made on personal devices
- Text messages or social media interactions on personal accounts
- Enforce Overly Broad Non-Compete Agreements
- The legitimate business interests being protected
- The hardship imposed on the employee
- The agreement’s impact on public interests
- Ignore Workplace Safety Regulations
- Providing necessary safety equipment and training
- Maintaining machinery and facilities to prevent accidents
- Addressing reported safety concerns promptly
- Keeping accurate records of workplace injuries and illnesses
- Deny Reasonable Accommodations for Disabilities
- Modifying work schedules or job duties
- Providing assistive technology or equipment
- Making physical changes to the workplace for accessibility
- Allowing remote work or flexible hours
- Violate Family and Medical Leave Act (FMLA) Rights
- The birth or adoption of a child
- Caring for a spouse, child, or parent with a serious health condition
- The employee’s own serious health condition
- Denying leave to eligible employees
- Retaliating against employees who take FMLA leave
- Failing to reinstate employees to the same or equivalent position after leave
- Deny Time Off for Jury Duty or Voting
- Terminate or discipline you for serving on a jury
- Require you to use vacation time for jury duty
- Deny reasonable time off to vote in elections
- Misclassify Employees as Independent Contractors
- The degree of control the employer has over the work
- The worker’s opportunity for profit or loss
- The level of skill required for the job
- The permanency of the working relationship
- Deny Legally Mandated Benefits
- Social Security and Medicare contributions
- Unemployment insurance
- Workers’ compensation insurance
- Health insurance (for qualifying large employers under the Affordable Care Act)
- Terminate Employment for Illegal Reasons
- Discrimination based on protected characteristics
- Retaliation for engaging in protected activities (e.g., whistleblowing, union organizing)
- Refusing to perform illegal acts
- Taking legally protected leave (e.g., FMLA, jury duty)
- Withhold Earned Commissions or Bonuses
- Conduct Unauthorized Background Checks
- Conduct a background check without your knowledge and consent
- Use background check information in discriminatory ways
- Fail to provide you with a copy of the report and an opportunity to dispute inaccuracies
- Require Mandatory Lie Detector Tests
- Make passing a lie detector test a condition of employment
- Discipline or discriminate against you for refusing to take a lie detector test
- Use the results of a lie detector test as the sole basis for adverse employment actions
- Interfere with Union Organizing Activities
- Prohibit discussions about unions during non-work time
- Threaten or retaliate against employees for supporting a union
- Promise benefits to employees who reject union representation
- Spy on union activities or create the impression of surveillance
- Prevent Discussions of Working Conditions
- Bonus California “Ban the Box” Law:
Employers are strictly prohibited from discriminating against employees based on protected characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information. This ban extends to all aspects of employment, including hiring, promotions, compensation, and termination.
Discrimination can take many forms, from overt actions to more subtle biases. For instance, consistently passing over qualified minority candidates for promotions or paying women less than men for equivalent work are clear violations of anti-discrimination laws.
It’s important to note that discrimination laws protect not only current employees but also job applicants. Employers cannot use discriminatory criteria in their hiring processes or job advertisements.
If you believe you’ve been subjected to workplace discrimination, document the incidents carefully and consider seeking legal advice to understand your options for recourse.
Your boss has a legal obligation to maintain a work environment free from harassment and hostility. This includes addressing and preventing behaviors that create an intimidating, hostile, or offensive atmosphere based on protected characteristics.
A hostile work environment can manifest through various behaviors, such as:
Employers must take prompt and effective action to address complaints of harassment or hostile behavior. Failure to do so can result in legal liability for the company.
If you’re experiencing a hostile work environment, report the issue to your HR department or appropriate supervisor. Keep detailed records of incidents and any steps taken to address the problem.
Related Article
Whistleblower protection laws safeguard employees who report illegal activities, safety violations, or other misconduct within their organization. Your boss cannot legally retaliate against you for making such reports in good faith.
Retaliation can take various forms, including:
These protections extend to employees who participate in investigations or legal proceedings related to workplace violations.
If you believe you’re facing retaliation for whistleblowing, consult with an employment lawyer to understand your rights and potential courses of action.
Wage and Hour Violations
The Fair Labor Standards Act (FLSA) mandates that non-exempt employees receive overtime pay at a rate of at least 1.5 times their regular hourly wage for hours worked beyond 40 in a workweek. Your boss cannot legally avoid paying overtime by:
Some states have even more stringent overtime requirements, such as daily overtime for hours worked beyond 8 in a day.
If you believe you’re being denied rightful overtime pay, keep accurate records of your hours worked and consult with your state’s labor department or an employment attorney.
Employers must adhere to federal, state, and local minimum wage laws, paying the highest applicable rate. Your boss cannot legally pay you less than the minimum wage, even if you agree to it.
This requirement applies to most employees, with some exceptions for certain tipped workers, students, and individuals with disabilities. However, these exceptions still have specific rules and minimum pay requirements.
If you’re being paid below the minimum wage, you may be entitled to back pay and additional damages. Contact your local labor department or seek legal advice to address the issue.
When employment ends, whether through resignation or termination, your boss must provide your final paycheck in accordance with state laws. Many states require final paychecks to be issued within a specific timeframe, often on the next regular payday or within a few days of the last day worked.
Withholding a final paycheck as leverage or punishment is illegal. This includes attempts to deduct unauthorized amounts for things like unreturned equipment or alleged damages.
If you haven’t received your final paycheck within the legally required timeframe, contact your state’s labor department for assistance in recovering your wages.
Privacy and Personal Freedom
The National Labor Relations Act protects employees’ rights to discuss their wages and working conditions with coworkers. Your boss cannot legally forbid you from talking about your salary or benefits with other employees.
This protection extends to discussions both in and outside of the workplace, including on social media platforms. Policies or agreements that restrict wage discussions are generally unenforceable.
Open salary discussions can help identify and address pay disparities, promoting fairness and transparency in the workplace.
While employers have some latitude to monitor work-related communications on company-owned devices, they cannot legally intercept or monitor your private communications without your knowledge and consent.
This includes:
However, be aware that communications made using company equipment or networks may be subject to monitoring, even if personal in nature. Always use caution when using employer-provided technology for private matters.
While non-compete agreements are legal in many jurisdictions, they must be reasonable in scope, duration, and geographic area. Your boss cannot enforce an overly broad non-compete that effectively prevents you from working in your field or earning a living.
Factors considered in determining the reasonableness of a non-compete include:
Some states have strict limitations on non-compete agreements or ban them entirely for certain categories of workers.
If you’re concerned about the enforceability of a non-compete agreement, consult with an employment lawyer to understand your rights and options.
Health and Safety
Employers have a legal obligation to provide a safe work environment in compliance with Occupational Safety and Health Administration (OSHA) standards. Your boss cannot legally ignore safety regulations or fail to address known hazards in the workplace.
This includes:
If you observe safety violations in your workplace, report them to your supervisor or HR department. You also have the right to file a confidential complaint with OSHA if the issues are not addressed internally.
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause undue hardship to the business.
Reasonable accommodations might include:
Your boss cannot summarily deny accommodation requests without engaging in an interactive process to determine appropriate solutions. If you need accommodations for a disability, initiate the conversation with your HR department or supervisor.
Leave and Time Off
Eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave under the FMLA for qualifying reasons such as:
Your boss cannot interfere with your FMLA rights by:
Be aware that some states have additional family and medical leave protections beyond the federal FMLA requirements.
Most states have laws protecting employees’ rights to take time off for jury duty or to vote without facing penalties or loss of pay. Your boss cannot legally:
While specific protections vary by state, the general principle is that civic participation should not jeopardize your employment or compensation.
Employment Classification and Benefits
Employers sometimes misclassify workers as independent contractors to avoid providing benefits and protections afforded to employees. Your boss cannot legally classify you as an independent contractor if your working relationship meets the criteria for employee status.
Factors considered in determining employee status include:
Misclassification can result in denial of overtime pay, benefits, and other legal protections. If you believe you’ve been misclassified, consult with an employment lawyer or your state’s labor department.
Employers must provide certain benefits as required by law, such as:
Your boss cannot legally deny these mandated benefits or require you to pay the employer’s share of contributions.
Additionally, if your employer offers benefits like health insurance or retirement plans, they must administer these programs fairly and in compliance with relevant laws such as ERISA (Employee Retirement Income Security Act).
Termination and Discipline
While at-will employment allows for termination without cause in many cases, your boss cannot fire you for illegal reasons, including:
If you believe you’ve been wrongfully terminated, document the circumstances surrounding your dismissal and consider consulting with an employment lawyer to explore your options.
If you’ve earned commissions or bonuses according to your employment agreement or company policy, your boss cannot legally withhold these payments, even if you’ve left the company.
Earned wages, including commissions and bonuses, are legally protected and must be paid in accordance with state wage laws. Disputes over commission structures or bonus calculations should be addressed through proper legal channels, not by unilateral withholding of earned compensation.
Workplace Privacy and Personal Freedom
While employers can conduct background checks on employees or job applicants, they must comply with the Fair Credit Reporting Act (FCRA) and obtain written consent before doing so. Your boss cannot legally:
Additionally, some states have restrictions on the use of credit checks or criminal history information in employment decisions.
The Employee Polygraph Protection Act (EPPA) generally prohibits private employers from requiring or requesting lie detector tests for pre-employment screening or during employment. Your boss cannot legally:
There are limited exceptions for certain security and pharmaceutical industry positions, but these are narrowly defined.
Union Activities and Concerted Action
The National Labor Relations Act (NLRA) protects employees’ rights to engage in union activities and other concerted actions for mutual aid or protection. Your boss cannot legally:
These protections apply whether or not a union is currently present in your workplace.
Beyond union activities, the NLRA also protects employees’ rights to discuss their working conditions, including pay, benefits, and workplace concerns. Your boss cannot legally prohibit or retaliate against employees for engaging in these protected discussions, even if they’re critical of the company.
This protection extends to social media posts about working conditions, as long as they’re not so egregious as to lose protection under the NLRA.
The “Fair Chance Act“, commonly known as the “Ban the Box” law, generally restricts employers with five or more employees from inquiring about a job candidate’s conviction history until after a job offer has been made, among other stipulations.
Conclusion: Empowering Yourself with Knowledge
Understanding these 22 things your boss can’t legally do is crucial for protecting your rights in the workplace. By familiarizing yourself with these protections, you’re better equipped to recognize potential violations and take appropriate action when necessary.
Remember, employment laws can be complex and vary by jurisdiction. If you believe your rights have been violated, consider seeking advice from an employment lawyer or contacting your state’s labor department for guidance.
Ultimately, a fair and lawful workplace benefits both employees and employers. By standing up for your rights and encouraging compliance with employment laws, you contribute to a more just and productive work environment for all.
Call Setyan Law at (213)-618-3655 to schedule a free consultation.
