My employer does not give me paystubs every check and refuses to give them to me, is this against the law? My employer also verbally abused another coworker in my presence, is this against the law? I have a coworker who is part time and does not do 40 hrs a week, but works more than 8 hrs a day, but my employer refuses to pay them overtime, is this against the law? My employer does not have osha or my rights as an employer posted in our break room or anywhere in the office, is this against the law? Can I legally ask to view my employee folder, or is my employer required to have a form of an employe folder for me? Is there a way I can find out my rights as an employe that works for a small business? We currently have 11-12 employees including the owner and co owner.
You’re asking really great questions. None of these things are against the law (except labor law posters not being posted) at the federal level. However, each state dictates the remainder. I’ll take them one by one.
Whether or not your employer is required to provide a paystub is governed at the state level. Some states do require it. Other’s don’t.
There’s no law that prevents you from overhearing verbal abuse. It’s bad form, for not illegal unless it violates a federal or state anti-discrimination law by creating a hostile work environment.
Overtime rules are complex, but unless you’re in California, it’s usually only paid after 40 hours in a work week. Lots of workers work over 8 hours a day with no overtime pay. In the middle of this article, you’ll find a drop-down table by state. Choose your state to see what overtime rules are in your state. https://fitsmallbusiness.com/payroll-processing/
Labor law posters are required to be posted. Again, which ones, where and how varies by state.
Some states do allow employees to view their personnel file. Other’s don’t, unless you have a court order. Some allow the employer to charge for copies. Here’s an article that shows a state by state map: https://fitsmallbusiness.com/personnel-file/
Therefore, I recommend you consider providing these articles to your HR department or business owner. For yourself, Google “employee rights”, “workforce rules,” or “labor laws,” for your state — that will let you know what’s allowed or not allowed in your business location.
Laura, HR Staff Writer
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