Top 5 Employee Rights Violations in Connecticut and How to Address Them
Employee rights violations are an unfortunate reality in many workplaces, and Connecticut is no exception. While state and federal employment laws offer protection for workers, they’re not always followed. Employees who experience violations may feel powerless or unsure of where to turn for help.
When your rights have been violated, work with a dependable employment law attorney who can represent you with passion and experience. James S. Brewer, Attorney at Law is here to assist you. Here, we'll explore five of the most common employee rights violations and how workers can address them.
1. Wage and Hour Violations
These employee rights violations can take many forms, including unpaid overtime, incorrect pay for hours worked, or failure to pay minimum wage.
Federal law, through the Fair Labor Standards Act (FLSA), sets standards for minimum wage, overtime pay, and recordkeeping. However, state law also provides protections. Connecticut’s Minimum Wage Act mandates that non-exempt employees receive at least the state’s minimum wage, which is higher than the federal minimum. Some employee rights violations you’ll run into include:
Failure to pay overtime: Employees working more than 40 hours per week should receive 1.5 times their regular pay for the extra hours.
Misclassification of employees: Employers might misclassify workers as independent contractors to avoid paying benefits or overtime.
Not paying for all hours worked: This includes activities such as mandatory meetings or after-hours work that employees aren't compensated for.
To address these employee rights violations, workers can first try to resolve the issue directly with their employer. If that doesn't work, they can file a complaint with the Connecticut Department of Labor or the U.S. Department of Labor.
It’s important to keep a detailed record of hours worked, including any unpaid overtime or wage discrepancies. If the employer still fails to comply, seeking legal advice from a lawyer who handles employment law cases can provide further steps to take. These employee rights violations, however, aren’t the only rights you need to protect.
2. Discrimination and Harassment
Discrimination and harassment based on race, gender, sexual orientation, disability, religion, or other protected characteristics continue to be significant concerns in many workplaces. Both federal and state employment laws protect workers from discrimination and harassment.
In Connecticut, the Connecticut Fair Employment Practices Act (CFEPA) expands on federal protections, offering broader coverage for employees for the following issues:
Employment discrimination: Employees may be treated unfairly or denied opportunities because of their race, gender, disability, or other protected status.
Sexual harassment: This includes unwelcome advances, inappropriate comments, or behavior that creates a hostile work environment.
Retaliation: Workers who report discrimination or harassment may face retaliation, including demotion, unfair discipline, or termination.
To address discrimination or harassment, employees should first report the issue to their employer or human resources department. If the issue isn't resolved internally, they can file a complaint with the Connecticut Commission on Human Rights and Opportunities (CHRO) or the Equal Employment Opportunity Commission (EEOC).
A formal complaint can help bring attention to the violation and lead to an investigation. For individuals who face retaliation after reporting harassment or discrimination, it’s important to document all instances of retaliation and seek legal help.
An employment law attorney can provide guidance on how to pursue claims and protect workers’ rights in such cases. If things escalate, wrongful termination may occur when an employee is fired in violation of state or federal employment laws or their employment contract.
3. Wrongful Termination
While Connecticut is an at-will employment state, which means employers can terminate employees for almost any reason, there are exceptions.
Termination that violates an employee’s rights, such as firing someone for taking protected medical leave or reporting unsafe working conditions, is illegal. Here are a handful of other wrongful termination situations:
Firing an employee for whistleblowing: Employees who report illegal activities, unsafe working conditions, or violations of law shouldn't be terminated for speaking out.
Discharge in violation of a contract: If an employee is protected by an employment contract or union agreement, firing them in violation of the terms can be unlawful.
Termination based on discrimination or retaliation: As mentioned above, terminating an employee due to their race, gender, or other protected characteristic is illegal.
To address wrongful termination, employees should first review their employment contract or any relevant agreements to understand their rights. If they believe they were fired for a reason protected under employment law, they should consult with an attorney who can help determine whether the firing was unlawful.
Filing a claim with the Connecticut Commission on Human Rights and Opportunities (CHRO) may also be an option for certain types of wrongful termination. This is also a good source for those facing employee rights violations of their rightful family and medical leave.
4. Family and Medical Leave Violations
In Connecticut, employees are entitled to certain leave protections under both federal and state law. The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave for specific family or medical reasons.
Additionally, Connecticut’s Paid Family and Medical Leave Act (PFMLA), which came into effect in 2022, offers paid leave for qualifying reasons. These laws aim to protect employees from being penalized for taking time off due to serious illness, family responsibilities, or bonding with a new child. Some aspects of your rights that PFMLA protects include:
Denial of leave: Employers may wrongly deny an employee’s request for family or medical leave, even if they qualify under the law.
Retaliation for taking leave: After taking leave, some employees face retaliation, such as being demoted or terminated.
Failure to reinstate the employee: After a leave of absence, employees should be reinstated to their original job or an equivalent position.
If an employee faces any of these violations, the first step is to document the situation carefully, including any requests for leave made to the employer and the responses received. Employees should also keep records of any medical documentation or other supporting materials that demonstrate eligibility for leave.
If the issue isn't resolved, filing a complaint with the U.S. Department of Labor or the Connecticut Department of Labor may be necessary. Legal action can also be considered if the employee believes their rights were violated.
5. Unsafe Working Conditions and Health Violations
Workplace safety is another critical concern, especially in high-risk industries such as construction, manufacturing, and healthcare. Connecticut, like other states, has its own occupational safety and health standards that must be followed.
Employees have the right to work in environments that are free from recognized hazards. If an employee feels that their workplace is unsafe or violates health standards, they have the right to raise concerns. There are a handful of common violations one might encounter.
Failure to maintain safe working conditions: Employers must provide a workplace free from serious safety hazards, including exposure to dangerous chemicals, improper training, and faulty equipment.
Inadequate response to health risks: Employees who report unsafe working conditions related to health concerns, such as exposure to asbestos or COVID-19, shouldn't face retaliation or dismissal.
Lack of necessary protective equipment: In many workplaces, employees are required to use safety gear or equipment. Failure to provide these items can violate safety regulations.
Employees who believe their working conditions are unsafe should first report the issue to their employer. If the problem persists, they can file a complaint with the Connecticut Occupational Safety and Health Administration (CONN-OSHA), which enforces workplace safety regulations.
Workers can also file complaints with the federal Occupational Safety and Health Administration (OSHA) for additional protections. If retaliation or wrongful dismissal occurs, consulting with an employment law attorney can help determine the best course of action. When it comes to best practices for making these complaints, we can help.
Enlist the Support of an Employment Law Attorney
Workers who experience violations should take steps to protect themselves by documenting the issues, reporting the violations to the appropriate agencies, and seeking legal help when necessary. Our firm helps those in Hartford, Connecticut, and throughout the region including, New Haven and Bridgeport. Give James S. Brewer, Attorney at Law a call today.