Sometimes employers violate workplace laws, with or without realizing it. This can leave the employer vulnerable to litigation brought by one or more of their employees. Here are five examples of commonly misunderstood employment laws:

1. Telling employees they can’t discuss salaries with co-workers

According to the National Labor Relations Act, employers cannot prevent most employees from discussing wages among themselves. The reasoning behind this is employees aren’t able to effectively organize or unionize if they can’t talk about wages.

1. Treating employees as exempt from overtime pay

Employers may not choose who is and isn’t exempt from overtime pay. The type of work determines whether an employee is eligible. The federal government categorizes all types of jobs into exempt and non-exempt classifications. If an employee is non-exempt, the employer must pay them overtime for all hours they work beyond 40 hours a week.

1.  Asking employees to work off the clock

Non-exempt employees must be paid for all of the time they work, even answering emails at home. Employees are not allowed to waive this right either.

1. Treating independent contractors as employees

Employees are told when, where and how they can work. Independent contractors are in business for themselves, and therefore don’t fall under these same limitations. Neither party can alter this status via a contract, much like a non-exempt worker cannot waive overtime pay.

1. Disciplining employees who post negatively on social media

When employers try to control or limit what their employees post on social media, it violates their right to engage in “protected concerted activity,” according to the National Labor Relations Board. This means employees must be allowed to come together to attempt to make changes in their employment conditions. This is true if even all they do is collectively complain on public forums.

Employers should review their policies and handbooks to make sure none of their rules are violating these employee rights. InnovaCounsel assists their clients in creating and editing company policy manuals to reduce the risk of employee litigation.