How to Report a Labor Law Violation
No man is an island. This is true enough for almost all situations: businesses depend on customers, producers must have consumers, and employers need employees. One tiny missing piece will result in a cascade of dysfunction.
When it comes to labor, employer-employee relationship should be built on a strong foundation of mutual respect to achieve synergy and to avoid conflict. Labor laws exist to protect both parties from possible misconduct or mistreatment. If labor laws are violated, you should know what to do before, during, and after reporting—regardless of if you are an employer or an employee.
Before Reporting a Labor Law Violation: Be Ready
Be physically, mentally, and emotionally ready. Take note that your first defense to any labor law violation is your knowledge of the law. After reading the newspaper or before going to bed, read about labor laws.
For instance, know that working off the clock is not okay. This happens when employees do not get paid for all the hours they actually worked. Be informed that once you experience discrimination and complain about it to your boss, they cannot punish you. It is your right.
Moreover, try resolving the issue internally first. If things get unmanageable, file a complaint with a government agency within 180 days from the date of the alleged labor law violation. Prepare a complaint statement and all the evidence you can gather. Some government agencies offer online submission of complaints. You just have to visit their website, fill up the complaint form, and submit.
Furthermore, know where to go. If the labor law violation done has something to do with occupational health and safety, go to the Occupational Safety and Health Administration (OSHA). If it is something about discrimination or hiring, go to the Equal Employment Opportunity Commission (EEOC).
While Reporting a Labor Law Violation: Stay Strong
You have prepared yourself well, and it should show. Once you are with the right people, do your best to not let your emotions consume you. Submit your complaint statement and show all the evidence you gathered. People there will surely help you.
OSHA or the EEOC must then schedule an investigation and should do it thoroughly. If they decided to dismiss your case and conduct no investigation, you have 30 days to appeal. While waiting for their decision, you may file a lawsuit in civil court.
It is likewise important to note that while having a lawyer during the filing of complaint with government agencies is not required, you may seek legal assistance for guidance. Experienced labor and employment attorneys definitely know the way through.
After Reporting a Labor Law Violation: Trust the Process
Labor laws in the US almost always side with the oppressed. As long as you are true to everything you have reported, whether an employer or employee, you will win your case.
For complicated cases, the process may take some time. Hiring an expert in labor laws will without a doubt be beneficial. Labor and employment attorneys will do everything to make sure that truth and justice will prevail.
If you believe that you have a case, do not hesitate to contact Matt Fleming. He is a highly professional, experienced, and certified lawyer. He can take on your labor law case, and will ensure that you get the best result. Contact him today.