Legal Rights & Filing Hub

Pay Rights

Common misunderstandings

• Overtime is weekly, not daily.
• Salaried does not automatically mean exempt.
• Promised pay can't be shifted to another week.
• Short breaks (≤ 20 min) are paid; 30-minute breaks are unpaid only if duty-free.

Facts & gotchas

• The regular rate includes bonuses and differentials.
• Off-the-clock work is still paid work.
• Time rounding must average out fairly.
• Training and inter-facility travel often count as paid time.

Harassment & Discrimination

• Harassment need not be both severe and repeated — it can be either.
• Retaliation after complaining is itself illegal.
• Equal discipline across groups may still be illegal depending on context.
• A 180-day (or 300-day) filing window applies, depending on your state.
• Supervisor harassment raises employer liability.
• Document everything with dates, quotes, and witnesses.

Retaliation & Whistleblowing

• Retaliation isn't only firing — it can be schedule cuts, demotion, or exclusion.
• File both the base claim and the retaliation claim.
• Keep copies of emails and messages.
• Note dates and exact quotes.
• List witnesses with contact information.

Termination & At-Will

• At-will employment has exceptions: retaliation, discrimination, whistleblowing.
• Constructive discharge means forced resignation due to hostile conditions.
• Request your personnel file where permitted.

Safety — OSHA

• Direct OSHA filing without notifying your employer is allowed.
• Retaliation for injury reporting is illegal.
• Keep photos and notes as evidence.

Leave & Accommodations

• FMLA leave is unpaid but job-protected.
• Attendance policies can't count FMLA absences against employees.
• ADA accommodations may include modified duties.
• Pregnancy accommodations are now federally protected.

Collective Rights — NLRA

• Non-union staff are still covered by NLRA protections for concerted activities.
• Overbroad "don't discuss pay" policies may violate the law.
• The NLRB can order reinstatement plus back pay quickly in many cases.