Some useful resources for Ashevillians fighting wage theft, discrimination, safety problems and violations of their legal rights in the workplace
Above: Some of the rights guaranteed employees under federal law.
Along with the holiday shopping spree, wages and working conditions are a topic of no small debate in Asheville right now, and it’s easy to see why. As the city makes national lists for a lack of affordability, census data shows that wages in our city and the surrounding county actually declined over the last decade, despite considerable economic growth and much-touted low unemployment. What actions can be taken to solve this, what new laws might be needed and how best to deal with this are understandably complicated issues, though ones that must be addressed.
But what happens when even the current legal protections aren’t obeyed? Who can workers call when their tips or wages are stolen? What happens when their rights to voice concerns about conditions or safety are violated?
While these kind of violations are sometimes hard to measure, a report last year from the N.C. Justice Center noted that in 2012 Buncombe County ranked eighth in the state for reported wage theft cases, with 114.
Furthermore, the same report found that wage theft in North Carolina is particularly endemic in low-wage sectors like retail, service and the restaurant industry, the same sectors that form the foundation of Asheville’s economy. Some, for example, aren’t aware that employers can’t simply withhold employees tips because a customer pays with a credit card or to pay for unspecified “overhead” costs. A city with few unions and many low-wage employees creates an environment that can allow employers to steal from their workers far too easily.
Even aside from wage theft there are other rights that may not be protected on the ground even while they’re on the books. Many people don’t know, for example, that employees can’t be penalized for discussing their pay or conditions with their co-workers or even criticizing an employer publicly about workplace problems. Likewise, workers have a right to be free from sexual harassment, as well as discrimination at their jobs based on factors like race, gender or religion. Even if someone is aware that their rights have been violated, it’s often hard to know who to turn to.
While there are many organizations that engage in advocacy work or organizing around these concerns in the local area, for the sake of keeping the list concise it will specifically focus on some agencies or organizations that can help Ashevillians take legal action when their rights in the workplace are violated.
• If you think you have issues with wages or tips being stolen or illegally withheld, call the state Department of Labor at 919-807-2796.
• A union can offer considerable protections against the violation of workers’ legal rights. If you wish to organize your workplace with a union, call the WNC Central Labor Council at 828-215-8883.
This is important because even before workers join, a union can also offer significant assistance with dealing with workplace issues or violations of your rights, including legal help.
• Additionally, as mentioned above, reprimanding or firing workers for criticizing an employer’s conduct or talking about their working conditions is often illegal under federal law. If you’re already communicating with a union, they can often help with this or a number of other problems involving an employer breaking those laws. But even if workers aren’t involved in a union campaign, the National Labor Relations Board also investigates workplace issues. Reach their closest office, in Winston-Salem, at 336-631-5201.
• If you think your workplace has safety issues or you’ve been penalized for bringing these issues up, contact OSHA inspectors or file a complaint. Reach their closest office, in Raleigh, at 919-790-8096 or file a complaint online.
• If you’re concerned you’ve experienced discrimination in the workplace, call the Asheville-Buncombe Community Relations Council at 828-252-4713 or use their online form. They can help with filing a formal complaint.
• If your employer is preventing you from receiving unemployment benefits, call Pisgah Legal Services at 828-253-0406.
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If readers know of any others that I should include in this list, please don’t hesitate to email.
While there are many problems with the protections provided for workers across our city and country, these organizations offer some assistance in situations where workers would otherwise have no help at all, and sometimes all that needs to happen is a phone call.
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