How do I report unfair working conditions?

Question

My friend is working at a restaurant and she was hired as a hostess/waitress/cash register attendant. They kept pooling her tips when she worked as a waitress and not splitting it up fair at all. Now they have her working at hostess for 2.00 an hour which is completely illegal. She gets bossed around and won't say anything.. isnt this illegal and what can she do besides quitting?? She plans on quitting soon but she has been jipped out of so much money... can she report this to anyone or do something about it?? thanks

Answer 1

What can I do if I find unsafe working conditions?

There are two primary things you can do if you find unsafe working conditions at work. You should notify your employer and give the employer a chance to fix the problem. You can also file a claim with the federal Occupational Safety and Health Administration ("OSHA").
Filing a claim with OSHA

If your employer does not correct unsafe working conditions, you can file a claim with the federal Occupational Safety and Health Administration (OSHA) and/or your state agency that enforces the federal requirements. You can usually find the telephone numbers for those agencies in the "Government" section in the phone book. You may also call a lawyer who specializes in employment law (an employment attorney) to help you pursue your claim.
How long do I have to file a claim?

The time limits vary from state to state and depend on the type of claim you have against your employer. Since your deadline could be very short - even a matter of days - you should contact an attorney and/or OSHA as soon as possible.
What will OSHA do if I file a complaint?

OSHA must investigate your claim. OSHA might even send an agent to your workplace to investigate your claim. The agent should act as if OSHA got an anonymous tip, and your name should not be used in the investigation. OSHA's investigators have the power to force your employer to fix unsafe conditions or risk being shut down.
May my employer fire me for filing a claim?

Generally, you cannot be "retaliated against" for filing a claim or complaining about unsafe working conditions. And even if it turns out that your workplace was safe after all, your employer still can't fire you for your complaint as long as you made your complaint in good faith. So, if your employer fires you or threatens to fire you for complaining, you should contact an employment lawyer and/or OSHA immediately.
Lawsuits

Normally, you will not be able to sue your employer if you get sick or if you are hurt because of a safety violation. You will probably have to file a worker's compensation claim instead. Worker's compensation is usually the only way you can recover money for the job injuries and lost wages you suffered because of an unsafe workplace. Contact a lawyer who specializes in worker's compensation law to help you pursue your claim. But you might be able to sue your employer (rather than filing a worker's compensation claim) if your employer did something that was clearly intentional and meant to hurt you (such as pushing you off a scaffolding). In that case, if you are able to file a lawsuit, you could recover money damages much higher than a worker's compensation award.

If you have questions about unsafe working conditions, contact a labor lawyer in your area.

Answer 2

Unfair Working Conditions

Answer 3

You may call The Dept. of Labor Relations.

It is something that our Govt. officials need to pay attention to, and, that is, US employees under the tipping category for employment. The problem is much greater then you may know. Like when you file your taxes, if your employer pools your tips, at the end of the year, your tax statement will give a high average of tips received, the problem is that you may not have received anything even close to what your employer reported ....those frikin jerks

Answer 4

Yes. Tip pooling, although legal, is subject to strict regulations. Look up your state labor relations board, or go to www.dol.gov for information on filing a suit. If this is widespread in the company, your friend should call an employment lawyer (who specializes in plaintiff work). Any self-respecting lawyer would JUMP on this as a class action.

Answer 5

Have her contact the local Labor Board. But be advised, if the business employs less than 15 people, they can get by with almost anything. Also, she must have documentation to prove any allegations she makes against an employer. And, before she persues this, she must find another job.

Answer 6

You can contact the Labor Relations board, which I'm sure you find if you google it. Be aware, though, that what you THINK is illegal and unfair may not be. I contacted them once about everyone else but me getting paid through lunch. They went home at five but I was expected to stay till six. They explained that that was the companies choice; they didn't have to pay me through lunch.

Answer 7

She can report this type of inequity to the state Wage and Hour board. They should have a number listed in the phone book government pages.

Answer 8

Get the attention of the officials of the hospital and inform them of the worker's plight by following procedures for airing grievances. If they do not act upon it, you may report the matter to the nearest labor office in your area.

Answer 9

Police!!!

Answer 10

If she's a legal citizen, there are many places she could go for help. If not.........sorry.