Is that retaliation or a legitimate business decision?

Employees are protected from retaliation for complaining internally about alleged discrimination. Some workers seem to think that means they can never be criticized or have their working conditions change. Fortunately, that’s not true.

Recent case: Ivette asked HR to evaluate her job because she believed she was being paid less for doing the same work as her male counterparts. HR concluded otherwise, determining that her duties really weren’t the same as those of the men.

After she had filed her complaint, a supervisor told her to shut down her employer-provided cell phone after hours to avoid unscheduled overtime, since she was a nonexempt employee. Ivette sued, saying that was retaliation.

The court tossed out her lawsuit, reasoning that telling her to shut off the phone wasn’t punishment, but a way to prevent wage-and-hour violations. (Rivera v. East Bay, ND CA, 2017)