How can you accuse me of not knowing how labor laws work, and then try to suggest that it is up to employers to enforce employment law/regulation? It is employers role to comply with the law, the department of labor enforces it. You don’t need your employers permission to report law violations to the department of labor.
I have always assumed that, since lawsuits and whistleblowing leave public records, that employers can and do blackball employees who cause trouble. Or worse in some cases.
> How can you accuse me of not knowing how labor laws work, and then try to suggest that it is up to employers to enforce employment law/regulation?
That's not what I said at all. Please don't attribute to me a claim I never made.
> It is employers role to comply with the law, the department of labor enforces it. You don’t need your employers permission to report law violations to the department of labor.
Again, you keep missing the point. What I've said is quite obvious: an employee acting alone has very few, if any, resources to go against his employer, and in the rare cases an employee goes against his employer then even if he wins he is left wide open to repercussions. I don't understand how you failed to get the point I've made when I've mentioned the effect that at-will employment doctrines has on this.
That is exactly what you have said, you keep trying to imply that the only way for an employ the address labor abuse is to complain to their management. This is in outright lie. There are entire government agencies devoted to enforcing labor abuse, and anybody can file a complaint with them at no cost at all.
In addition to that, it is also trivially easy for an employ to launch a civil suit. Any case with even an ounce of merit will attract lawyers willing to work on commission.
Even further, you have offered no justification at all for why you think unions are necessary to enforce the law, instead only resorting to the fallacious line of reasoning that it is up to employees to argue with their employers for minimum entitlements.
> In addition to that, it is also trivially easy for an employ[ee] to launch a civil suit. Any case with even an ounce of merit will attract lawyers willing to work on commission.
Lawyer here. Your second sentence is incorrect: (1) Litigation is far more expensive that you seem to realize; most rank-and-file employees can't afford it – when my wife, also a lawyer, and I were younger, we used to joke that we couldn't afford us. (2) The default rule in the U.S. is that each party pays its own attorney fees unless otherwise stated in a specific statute or in a contract. The availability of class actions helps plaintiffs' lawyers achieve cost savings and increase the likelihood of getting paid, but the conservative wing of the Supreme Court just helped put the kibosh on that by ruling that employers could avoid class actions by insisting on one-at-a-time arbitration, which results in massive duplication of costs. (3) An individual employee's likely damage award is almost never enough to entice a lawyer into taking the case on a contingent-fee basis, i.e., where the lawyer only gets paid if the employee prevails. (4) Consequently, it's extremely difficult for an employee to find a lawyer to take on a garden-variety case against her employer.
