Do I Have to Report a Misdemeanor to My Employer?
In general, yes, employees are obligated to inform their employers about any arrests, charges, or convictions for which they have been advised not to report to authorities for fear of retaliation (Dressel, 2020). This can be a gray area for some employees, especially in regards to reporting a misdemeanor, a less serious criminal charge typically punishable by a fine and/or community service, and not as severe as a felony (Federal Criminal Charges, 2021). In this article, we will delve into the factors influencing an employee’s reporting duty and what to consider if you have been involved in a misdemeanor.
Contents
Understanding the Overtime Pay Threshold
To begin, the Fair Labor Standards Act (FLSA) exempts certain executive, professional, and highly compensated employees from overtime pay requirements if their annual salaries meet certain thresholds:
- 200% of the 40th percentile of earned annual wages in the occupation
For 2021, this amounts to a gross annual income of approximately $106,628 or more (Employment and Wages—January 2021 to May 2021). Under the FLSA, these high-income workers must still inform their employer if they have been convicted or charged with a felony offense (Hilliker et al., 2001).
Peterson vs. Slocum and the Definition of “Charge”}
In 1925, the Court’s decision in Peterson vs. Slocum ruled that "any charge which is known as a crime, that is, an offense that might be punishable by either fine, imprisonment, or both…may be the subject of information and notification to employers (Peterson vs. Slocum, 1925).
This has important implications for employees regarding whether they are required to notify their employers about arrests and charges for misdemeanors:
- A **** felony charge typically carries heavier punishment, but a felony-related arrest should still be disclosed to employers.
- On the other hand, minor infractions like shoplifting or disturbing the peace do not always require disciplinary action, but being aware of company policies concerning notification is still crucial.
Potential Job Consequences
Some employees are rightfully concerned about the possible fallout from reporting a misdemeanor conviction to their employer (Levinson, 1994):
- Some crimes, particularly those linked to employment, possession, or financial issues, may involve work-related aspects that influence business operations, making a breach of duty or criminal background checkable.
- Convictions might lead to reputational harm, stigmas, or other perceived negative implications, necessitating a balancing act with concerns about work-life consequences, job performance, or workplace dynamics (Hannah-Jones et al., 2014).
Employees struggling with personal issues (misdemeanors are just one part of) the bigger issue) could confront difficult ethical or moral choices on deciding whether and how much information to disclose to employer HR or legal departments about previous criminal events (McKay, 2010).
