Understanding your rights as an employee is key to protecting yourself from unfair treatment at work. From unpaid wages to discrimination and privacy violations, knowing what’s legal—and what’s not—can help you take action when needed.
Common Miami Workplace Violations
Unpaid Wages and Overtime
One of the most common violations is not being paid fairly. This includes unpaid overtime, missing paychecks, or not being paid at least the minimum wage. Under the Fair Labor Standards Act (FLSA), most employees are entitled to overtime pay at 1.5 times their regular rate after working 40 hours in a week.
Discrimination and Harassment
Federal and state laws protect you from discrimination based on race, gender, age, religion, national origin, disability, and more. Harassment, including sexual harassment, is also illegal. If your workplace feels hostile or unsafe, it may be a violation of your rights.
Retaliation for Reporting Issues
You have the right to report violations without fear of losing your job. If your employer punishes you after you speak up—like cutting your hours, demoting you, or firing you—that’s called retaliation, and it’s illegal.
Unsafe Working Conditions
Your workplace should follow OSHA safety standards. If you’re exposed to dangerous tools, chemicals, or other hazards without proper training or equipment, your employer may be breaking the law.
Misclassification of Employees
Some employers wrongly classify workers as independent contractors or exempt employees to avoid paying overtime or benefits. If you’re doing the work of a full-time employee, you may be entitled to more than your employer is giving you even if they call you an independent contractor.
Violating Medical Privacy (HIPAA)
In some workplaces, especially in healthcare, your personal medical information is protected by HIPAA (Health Insurance Portability and Accountability Act). If an employer shares your private health details without your permission, it may be a HIPAA violation. For example, if your boss tells your coworkers about your medical condition without consent, that’s illegal.
How to Report Miami Workplace Violations
If you believe your rights have been violated, document everything. Write down dates, times, people involved, and what happened. Save emails, texts, or photos that support your claim. Then:
- Talk to HR if you feel safe doing so
- File a complaint with a government agency such as the U.S. Department of Labor (DOL) or the Equal Employment Opportunity Commission (EEOC)
- Call a local employment lawyer for legal advice and to protect your rights
In Miami, reaching out to an experienced Miami employment attorney like myself can help you understand your next steps clearly and quickly.
Who to Call for Miami Workplace Violations
Depending on the type of violation, you may need to contact different agencies:
- Wage or Overtime Issues: U.S. Department of Labor, Wage and Hour Division (1-866-4US-WAGE)
- Discrimination or Harassment: Equal Employment Opportunity Commission (EEOC) at 1-800-669-4000
- Unsafe Working Conditions: Occupational Safety and Health Administration (OSHA)
- HIPAA Violations: U.S. Department of Health & Human Services, Office for Civil Rights
You can also call a Miami employment attorney to help guide you through the process.
Contact Us To Get Started
If you think your rights have been violated, don’t wait. As your Miami employment attorney, I can help you understand the law and take the right steps forward. Contact my office today for a consultation.
Miami Workplace Violations FAQs
What should I do if my boss isn’t paying me for overtime?
Start by keeping records of your hours worked and pay received. Then speak with an employment lawyer or file a complaint with the Department of Labor.
Can I be fired for reporting a workplace violation?
No. That would be retaliation, which is illegal. If this happens, contact an employment lawyer immediately.
What are HIPAA violations in the workplace?
A HIPAA violation can happen when your employer improperly shares your private health information, such as test results or medical conditions, without your permission.
Who should I report discrimination to at work?
You can report it to your company’s HR department or file a charge with the EEOC. A lawyer can also help you understand your options.
What if my workplace feels unsafe?
You can report unsafe conditions to OSHA. You also have the right to refuse work that puts you in danger under certain circumstances.
What’s the difference between an employee and a contractor?
Contractors are self-employed, while employees are under company control. Misclassification can affect your rights, especially regarding pay and benefits.
How can a Miami employment attorney help me?
A local employment attorney can review your case, help file complaints, and represent you in court if necessary.