10 Things That Are Illegal for Your Boss To Do

A boss can feel intimidating. Because of the outsized power they seem to wield, something as simple as asking your boss a question can feel risky. 

This uneasy feeling can compound, and it might even impact your ability to ask for a raise if your goal is to stop living paycheck to paycheck.

But your boss has their own set of rules they need to follow that can feel overwhelming. Many employment laws at the federal, state, and local level are designed to ensure workers are treated fairly. 

To keep things simple, here are 10 things it's illegal for your current or future employer to do.

Federal law prohibits employers from asking specific questions on job applications. Regulations set by the Equal Employment Opportunity Commission (EEOC) established the boundaries, which focus primarily on preventing discriminatory practices.

That means no questions about age, height, race, religion, etc. If they do ask those questions, it may result in discrimination charges, an EEOC investigation, and potential legal action.

If your boss says you're not allowed to form, join, or assist a union, that's illegal, thanks to the National Labor Relations Act (NLRA) of 1935.

A federal law protects your right to organize for almost 90 years. Your boss can't threaten to fire you, grill you about union activities, or punish you for union activities.

Many people work as contractors or freelancers, and businesses like to hire freelancers and contractors because they don't have to pay them benefits and can save on certain taxes.

Problems arise when businesses start treating contractors like employees, though. As an independent contractor, your boss can't tell you how to work, when to work, or add additional responsibilities beyond the scope of your contract, and so on. 

The Fair Labor Standards Act (FLSA) outlines specifics on employee misclassification.

Employees are protected from discrimination via a number of laws that are enforced by the EEOC. 

According to the EEOC, "it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information."

The EEOC also states, "it is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit." 

The federal minimum wage is $7.25 per hour, but some states have their own minimum wage laws. 

For example, the hourly minimum wage is $11.91 in Alaska, $15.50 for the state of New York, and $16.50 in California. It is important to note that there are some jobs where you may be exempt from minimum wage. 

Ignoring overtime laws doesn't make them disappear. At a federal level, the FLSA states that employees are owed one and one-half times the regular rate for all hours worked over 40 in a workweek.

Alaska, California, Nevada, Puerto Rico, and the U.S. Virgin Islands have overtime (OT) laws in place if you work over eight hours a day. In Colorado, it's 12 hours. In Oregon, it's 10 hours if you work in manufacturing.

The Americans with Disabilities Act (ADA) of 1990 is a civil rights law that, similar to the Civil Rights Act of 1964, protects people with a disability from discrimination.

It's illegal to refuse to hire someone who is qualified for a job because they have a disability. It's also illegal to refuse to hire someone if they need reasonable accommodation — such as installing a ramp or providing screen reader software — to do their job.

Employees covered under the National Labor Relations Act are permitted to discuss, or not discuss, wages. Employers can't retaliate against their employees who participate in wage discussions either. 

As the NLRB's resource page states: 

Legally protected conversations about wages may take on many forms, including having conversations about how much you and your colleagues and managers make, presenting joint requests concerning pay to your employer; organizing a union to raise your wages; approaching an outside union for help in bargaining with your employer over pay; filing a wage claim with the U.S. Department of Labor or a state agency or filing a wage and hour lawsuit, and approaching the National Labor Relations Board for more information on your rights under the NLRA.

Sexual harassment in the workplace remains a serious issue. Any kind of unwelcome sexual advances, requests for sexual favors, or verbal or physical harassment of a sexual nature or related to a person's sex are illegal. 

If your boss doesn't respond to claims of sexual harassment, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).

Workers who file complaints against a company for illegal practices are protected by federal law. Complaints can run the gamut from workplace safety violations to unfair wages.

Any kind of retaliation against a whistleblower — such as firing or laying them off, demotions, denying overtime or a promotion, reducing pay or hours — is illegal.

Understanding your rights and taking action when they are violated helps keep work environments fair. When everyone is treated with dignity and respect, employees can focus on their careers and long-term goals like planning a way to get ahead financially. 

Many federal organizations are in place to safeguard employees from hostile work environments, discrimination, and unfair labor practices, and they can become your allies if your boss crosses the line.

Until then, the most proactive approach is to learn and spread the word.