There are several illegal activities that can occur in workplaces. Here are some of the most common ones:
Discrimination and Harassment:
Employers cannot discriminate against employees or applicants based on race, gender, age, disability, or other protected characteristics. Harassment, including sexual harassment, is also prohibited.
Wage and Hour Violations:
Employers must comply with minimum wage laws, pay overtime for hours worked over 40 in a workweek, and ensure that employees are paid for all hours worked. Violations can include not paying for overtime, misclassifying employees as exempt from overtime, or not paying for all hours worked.
Retaliation:
Employers cannot retaliate against employees for engaging in protected activities such as filing a complaint, participating in an investigation, or exercising their rights under employment laws.
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Captive Audience Meetings:
While employers can hold meetings to express their views on unionization, workers must be provided with reasonable opportunities to respond and cannot be coerced or intimidated during these meetings.
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Non-Compete Agreements:
Employers are prohibited from entering into or enforcing non-compete agreements with senior executives. This rule aims to prevent unfair competitive practices and protect employees' rights to seek new employment opportunities.
Workplace Bullying:
Workplace bullying, which includes ongoing abusive, insulting, or offensive behavior, can create a hostile work environment. It can lead to severe consequences for both the victim and the perpetrator, including legal actions under anti-discrimination laws.
Employers must take steps to prevent workplace violence, including identifying hazards, providing training, and defining clear incident reporting procedures. Violence in the workplace can have serious legal and financial repercussions for employers.
Spying on Union Activities:
Employers cannot spy on employees' union activities. Any unusual monitoring or surveillance of employees engaging in union activities can be considered unlawful interference.
Workplace Discrimination and Harassment Protections:
New York State law, for example, has strengthened protections against discrimination and harassment, including sexual harassment, in the workplace.
These illegal activities can lead to significant legal and financial penalties for employers, as well as create a hostile and unsafe work environment for employees.