Wages are no exception to anti-retaliation statutes. An employer may not retaliate against an employee who complains about illegal wage activities. An employer who retaliates against employees who complain about violations of state or federal wage laws may be subject to liability. If you believe you have been subjected to workplace retaliation, contact an employment lawyer today,
What constitutes retaliation
To prove a case of retaliation, an employee must show three things.
- The employee took protected action (i.e. a complaint);
- The employer made an adverse employment action; and
- The employee's protected action caused the adverse action
What are some examples of protected action?
Some common examples of protected action under the wage laws include:
- Complaining about unpaid overtime;
- Complaining about being paid less than minimum wage;
- Complaining about improper paycheck deductions; and
- Complaining about improper tipping practices or tip pooling practices.
- Complaining about being forced to clock out and continue working.
Of course, there are many more ways than just these examples to participate in protected action for purposes of the Fair Labor Standards Act (FLSA) and Texas Payday Laws.
What does retaliation look like?
Retaliation, or the adverse action, can come in many forms. However, common forms of retaliation often include:
- Reduction in wages;
- Reduction in hours; and
- An unfavorable transfer.
What should I do if my employer retaliates against me?
If you believe your employer is illegally retaliating against you, contact me, your Houston employment lawyer. Employment laws are complex, and having the help of an employment attorney who understands the intricacies of the laws remains important.