- I was laid off from my job and I am 7 ½ months pregnant. They said the reason was because they were over staffed. Is this legal?
- I am trying to find a statute stating that the employer does not have to pay the final pay check of employee who stole cash from the company. Do I have to give this thief their final pay check?
- I was forced to quit my job because of my employer’s unwillingness to provide a safe workplace. They allow a coworker to bring guns to work. Do I have any recourse?
These are real questions about real employment situations. Sadly, these questions are just posted on a web site waiting for someone to help the poster. As always, anyone seeking legal advice should contact their lawyer but where can people begin to get information about employment law issues? Posting on a web site and hoping someone can answer your question should not be your first step. Also, time is of the essence and for some issues you must act quickly to secure your employment rights.
The U.S. Department of Labor has several online sources meant for employers and employees that provide easy-to-understand information about federal employment laws.
- The elaws Advisors are interactive and “simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given.” Choose from 30 different employment topics.
- The FirstStep Employment Law Advisor is designed to help employers determine which federal employment laws administered by the U.S. Department of Labor (DOL) apply to their business or organization. “The Advisor asks the user a short series of questions to determine which of the major DOL-administered laws apply to their organization. The Advisor takes into account relevant variables — such as size of business and type of industry — that determine coverage for these laws.”
- The Employment Law Guide is a companion publication to the FirstStep advisor and “ is designed for those needing hands-on information to develop wage, benefit, safety and health, and nondiscrimination policies for businesses.” Each chapter in the Guide corresponds to the laws covered in the FirstStep Advisor.
What can you do if you think that your employer has violated federal law? Contact the Ohio regional offices of the U.S. Dept. of Labor to file a complaint.
Be prepared to follow through with your complaint.
Here is why. A report released by the U.S. Government Accountability Office (GAO) last summer found serious problems with the U.S. Dept. of Labor’s Wage and Hour Division. Conducting investigations based on employee complaints is a priority of the Wage and Hour Division but the GAO tested the complaint intake process, sometimes GAO investigators actually posed as fictitious callers. “GAO found that WHD frequently responded inadequately to complaints, leaving low wage workers vulnerable to wage theft and other labor law violations. These tests found that WHD staff deterred fictitious callers from filing a complaint by encouraging employees to resolve the issue themselves, directing most calls to voicemail, not returning phone calls to both employees and employers, and providing conflicting or misleading information about how to file a complaint.” The GAO submitted a list of recommendations for action to correct the problem. Listen to clips of the undercover calls illustrating poor customer service. The summary of the GAO report, with links to the full copy, is found here.
Do not let this stop you from filing a complaint with the Department of Labor. Just keep this in mind and be prepared to follow up with the agency. Statute of limitations apply for federal employment laws and every day that the agency delays an investigation puts you at risk of becoming ineligible to collect any back wages owed to you.
Related Ohio government web sites
Ohio government – Working & Employment web page
Ohio Dept. of Commerce, Bureau of Labor & Worker Safety
Ohio Civil Rights Commission, discrimination in employment. Click on “Filing a Charge” for instructions and forms.
