Do you want to defend yourself in the workplace?

Imagine working hard every day only to be denied your rightful pay, belittled, discriminated against, or laid off for no reason. It happens to millions of workers annually. Statistics for common workplace violations like these are shocking.

Let’s talk about that…

Surveys reveal a great majority of workers don’t know their basic rights at work. Guess what? They pay a huge price for it.

On the bright side…

Employee rights advocacy knowledge is one tool that can empower workers. Knowledge can even the score for everyone in the workforce. It also enables employees to defend themselves against injustice and take legal action against unscrupulous employers.

In this Employee Rights Advocacy Guide for Workers, we cover…

1. Why Employee Rights Advocacy Matters More Than Ever
2. The Core Rights Every Worker Should Know
3. How To Spot Common Workplace Violations
4. Taking Action When Rights Are Violated

Why Employee Rights Advocacy Matters More Than Ever

Workplace violations are not isolated events. These incidents occur every day and everywhere. In fiscal year 2024, the EEOC reported that they received 88,531 new discrimination charges. Compared to the prior fiscal year, the number of cases increased by 9%. That’s a lot! But it’s only the tip of the iceberg because most cases go unreported.

Pause for a moment here…

Thousands of workers file complaints every year. And for the many cases that are reported, thousands of workers remain silent. Only the workers who understand their protections, and choose to seek justicia para empleados, the ones who take action are the ones who get results.

So, Why should you Care?

Employee rights are the bedrock of fair treatment in the workplace. Without knowing these laws, workers become easy prey to exploitation and intimidation. Sadly, that’s exactly what happens.

And you know what else is sad?

According to a survey, 45% of workers don’t even know their company has anti-discrimination policies. Nearly half of the workforce is unaware of the basic rights that exist to protect them at work. Employee rights advocacy matters now more than ever before.

The Core Rights Every Worker Should Know

All employees are guaranteed basic rights at work under federal and state law. These laws are not suggestions. They are legal rights that employers are bound to by law.

Here are the fundamental worker rights:

• Freedom from Discrimination: Employers are prohibited from treating employees unfairly because of their race, color, religion, sex, national origin, age, disability, or genetic information.

• Right to Fair Wages: Employees must be paid at least minimum wage and receive overtime pay for hours worked in excess of 40 per week.

• Safe Working Conditions: Employers must provide a workplace that is free from recognized hazards.

• Protection from Retaliation: Workers who report violations of their rights are protected from punishment for speaking out.

These rights are important.

They derive from major laws like Title VII of the Civil Rights Act, the Fair Labor Standards Act, and OSHA regulations. They have been in place for many years. But the sad thing is, violations continue to happen.

Let’s get more into Wage and Hour Protections.

Wage Theft Is A BIG Issue

Let me open up this piece with a surprising statistic.

Employers steal a whopping $50 billion every year from workers. That’s right! Workers lose an estimated $50 billion through stolen overtime, minimum wage, and illegal paycheck deductions. Compare that to all robberies, burglaries, and larceny. The number is more than all robberies, burglaries, and larcenies. Crazy right?

The common wage violations are:

• Not being paid for all hours worked.
• Denying workers overtime pay.
• Illegal paycheck deductions
• Misclassifying employees as independent contractors
• Making employees work “off the clock”.

Low-wage workers are the most affected by these violations. Low-wage workers lose an estimated 17% of their regular minimum wage due to violations that they should be paid under the law.

Discrimination and Harassment Protections

Discrimination at work is still a big issue for many employees today.

Retaliation is the number one filed discrimination case at 51.6% of all discrimination cases filed. That means that out of every two workers that filed a discrimination case, more than one of those workers faced retaliation for coming forward. Discrimination in the workplace is wrong. Many face retaliation as a result. Therefore, retaliation protections are there.

Other common types of discrimination in the workplace are:

• Racial discrimination (28.6% of cases).
• Age discrimination (15.6% of cases).
• Sex discrimination
• Disability discrimination

From the above, we can deduce that the majority of workers who complain about being discriminated against face some form of punishment.

How To Spot Common Workplace Violations

Spotting violations is the first step to ending them.

Millions of workers suffer from employment violations every year without ever knowing that their employers are breaking the law. These violations can be subtle or flagrant. Either way, these issues need to be addressed.

Red flags that you need to be on the lookout for include the following:

• Paychecks that don’t tally with hours worked.
• Denied of breaks as required by law.
• Experiencing hostile comments about your protected characteristics.
• Sudden changes to your schedule after you file a complaint.
• Denied of promotions without any good reason

The most important thing here is to document everything.

Workers must keep records of any incidents, save emails, and document dates and witnesses. Documentation of events is critical as it becomes evidence in case things get to the point where you may need to take legal action.

The Retaliation Problem

There is one thing that many workers find shocking and counterintuitive.

Filing a complaint or grievance often leads to other problems. Employers will respond by reducing their hours, demoting them, or even termination of employment. This is illegal. And yet it happens all the time.

Signs of retaliation include the following:

• Negative performance reviews.
• Being shunned or excluded from staff meetings and projects.
• Increased scrutiny of work.
• Facing sudden disciplinary action for the first time.

Workers need to understand that retaliation is itself a violation. So, if the original case is unsuccessful, retaliation claims may be.

Taking Action When Rights Are Violated

Knowledge is power without action.

Knowledge is power but without action that will change something, it is nothing. When workplace violations occur, workers need to take action. Action sounds big, right? Not really. The actions are the same basic steps every worker can take.

Start with the following steps:

• Document everything
• Report internally when appropriate.
• File with government agencies like the EEOC, and DOL
• Consult with an employment attorney.

Note that timing is important too. Most claims have deadlines for filing with appropriate agencies. Failure to meet these deadlines eliminates options.

The Role of Government Agencies

Government agencies are put in place to help workers.

The EEOC investigates discrimination claims and can sue employers on behalf of workers. In fiscal year 2024, the EEOC awarded nearly $700 million to victims of discrimination. That’s real money going back to workers who suffered because of employers’ misbehavior.

The DOL’s Wage and Hour Division recovers stolen wages for employees. In fiscal year 2024, they collected $273 million.

These agencies can:

• Investigate complaints.
• Mediate in disputes.
• File lawsuits on workers’ behalf.
• Impose fines on employers who violate the law.

The system isn’t perfect, but it can work if workers avail themselves of it.

Bringing It All Together

Employee rights advocacy isn’t theory. It’s a necessity.

Millions of workers suffer violations every year. Millions more suffer in silence because they don’t know their rights or the process. It should not be that way. The good news is with knowledge and awareness, workers can make a difference.

The takeaway points are:

• Know your rights and fundamental protections under federal and state law.
• Know the warning signs of workplace violations.
• Document any incidents when problems occur.
• Take action by following the appropriate channels.
• Get legal help when needed.

The laws are in place to protect workers. The laws will only work for workers who are aware of them. Awareness needs action. The laws only work if you know they exist and are willing to take action when necessary. Workers who know their rights and speak out are the ones that create a better working environment for everyone. Stand up for your rights and others too.