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After I made a complaint to my boss about not being paid overtime he refused to take any action and now I am afraid I am going to get fired over this. Is that legal?

 

A:

The Fair Labor Standards Act prohibits employer retaliation against an employee for complaints about wage and hour violations.
It is difficult to bring up pay issues with your boss, especially if you fear retaliation in the workplace. But the federal labor laws make it clear that employees are within their rights to make formal complaints and, sometimes informal complaints, about wage and hour issues. This is considered protected activity under the Fair Labor Standards Act and it protects employees from retaliation, which can include:

  • Failure to investigate employee complaints;
  • Termination after asking about your wages, time records, or overtime pay;
  • Giving a negative reference to retaliate against an employee;
  • A demotion that significantly reduces your pay;
  • Changing your schedule in a way that will prohibit you from being able to meet the demands of the job;
  • Transfer of job duties to other employees; 
  • Your supervisor or manager engages in a continuously hostile or negative form toward you.

We currently represent clients who were terminated after complaining about wages and overtime. We filed for our client to be reinstated to her job. If you were fired after asking about fair pay or overtime pay, you can contact our employment lawyers at 888-449-2068 for a free case review. You can also order our free book, The 10 Biggest Mistakes That can Hurt Your Wage and Overtime Claim.

Read more: Seven signs to spot Employer Retaliation




The Texas overtime lawyers at Kennedy Hodges represent workers nationwide and across Texas in:
Houston, Dallas, Austin, San Antonio, Fort Worth, Pasadena, Laredo, Sugar Land, Lubbock, Illinios, New York, Massachusetts, Los Angeles, Chicago, Philadelphia, Phoenix, San Diego, San Jose, Jacksonville, Indianapolis, San Francisco, Columbus, Charlotte, Detroit, and more.