Does your manager ask you to do a “favor” before clocking in or after clocking out? Whether it’s taking out the trash, collecting carts in the parking lot, or asking you to help a customer, that’s not a favor – it’s unpaid work, and it’s wage theft.
Be sure to document everything. It’s also a good idea to keep your own records of the hours you are working even before any kind of problem arises. You can file a complaint with the Department of Labor’s Wage & Hour Division. Call 1-866-4-USWAGE or go to dol.gov/whd to find a local office near you. Filing a complaint is free and confidential. In some states, there is also a state agency where you can file a complaint. Every state’s wage theft reporting requirements are a little different… and in some states, employers have to pay you back THREE TIMES the amount they owe you.
In a survey, 1 in 5 Walmart associates said they had been discriminated against at work. Discrimination can occur because of your race, gender, age, disability, or many other factors. If you have been discriminated against you can file a complaint with the Equal Employment Opportunity Commission at eeoc.gov or by phone at 1-800-669-4000. This federal agency enforces civil rights laws against workplace discrimination. In some states, there is also a state agency where you can file a complaint.
There are some incredible national and local organizations addressing racial discrimination and job crisis at work. We’re a proud partner of the National Black Worker Center. Check out the Working While Black initiative to read more about how they are changing the narrative about the causes and solutions to the Black job crisis. Learn more at nationalblackworkercenters.org
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, assault, and comments like “women can’t do this work.” Women, particularly women of color, and LGBTQ people are disproportionately affected because sexual harassment is an attempt to control people who are perceived to have less power or status. It can be scary to speak up — that’s why we’ve been working with the National Women’s Law Center and Time’s Up to help working people fight back. The Time’s Up Legal Defense Fund can provide financial assistance for workplace sexual harassment legal cases in all stages. You can learn more at timesupnow.com.
Many employers try to get away with underpaying employees to keep us in the dark and more profit for themselves. You have the legal right to discuss your pay with anyone you want, including your coworkers. You can talk about wages with your coworkers to uncover pay gaps based on gender and race in your store.
We need to pressure our employers to release information on racial and gender pay gaps (in fact, we filed a shareholder resolution this past year to get this information from Walmart!) and in the meantime, we can uncover these pay gaps by talking to each other. Asking for a raise on your own can be daunting, but you can use the power of numbers to collectively ask for better pay for everyone. Remember, you have the right to talk about your pay and you have the right to organize — but be mindful because your manager won’t be happy about it!
If you get laid off at work and your manager says you’re not eligible for unemployment, you should still file for unemployment anyway and let the state determine your eligibility. If your hours are reduced, you can apply for partial unemployment.
If your store is closing or there are mass layoffs, your employer must give you sixty days written notice to all affected employees for companies with more than 100 employees (or 50 employees in California, New York, and some other states). If written notice is not given, your employer will likely owe you back pay plus benefits.
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