Wrongful Termination

Each state has specific laws for unlawful or wrongful termination, and since an employer would never volunteer this information it is essential that you obtain legal representation in this situation.

Workplace Harassment

The EEOC prohibits harassment, including sexual harassment, in the workplace. Women are most commonly affected by sexual harassment in the workplace and the National Women’s Law Center can provide you with further information. Federal law prohibits discrimination against employees or job applicants based on protected characteristics including race, gender, color, religion, national origin, age, or disability. Federal law also protects you from any retaliation or harassment on the basis of a protected characteristic. The Equal Pay Act requires men and women to receive equal pay for equal work. Some states have laws that prohibit discrimination in the workplace based on sexual orientation, but federal law does not prohibit such discrimination. Workers’ compensation claims are processed by state agencies and state laws spell out the qualifications of an employee covered by workers’ compensation.

Personal Injury

Workers’ compensation is a specific type of insurance that covers employees who are injured or who suffer death as a result of performing their job. Worker’s compensation helps employers by preventing worker-injury lawsuits and allows employees to receive payments for medical treatments and lost wages. Although employers are not required by law to offer paid sick leave, the Family and Medical Leave Act (FMLA) applies to all federal, state, and government employers. The FMLA only allows you to take time off in a limited number of situations and your employer has the right to request proof that you or your family member has a serious health condition. During FMLA leave, your employer is required to continue paying for your health coverage and is prohibited from harassing or discriminating against you. Upon your return, the FMLA requires that you be given an equivalent job without forfeiting salary, benefits, or seniority.

Compensation Issues

  • Overtime – The Fair Labor Standards Act (FLSA) overtime rules are based on the standard that 40 hours or work makes up one workweek. It is important to note that not all employees are covered by overtime laws and exemptions from overtime pay are based on job duty requirements. The laws surrounding overtime pay are complicated, as they vary by state as well as by job title.
  • Compensation Basics – Federal labor laws do not require anything other than overtime and minimum wage, therefore you cannot file a complaint to the FLSA based on vacation, sick time, bonuses, or commission compensation. Although the FLSA establishes the federal minimum wage for hourly employees, many states require employers to pay a state minimum wage. Federal labor laws do not offer you much protection if an employer does not pay you as expected, as federal laws only require minimum wage. However, several states have passed labor laws requiring employers to pay wages owed to an hourly employee at regulated intervals.
  • Wage Garnishment – Federal law allows your employer to withhold a percentage of your paycheck for wage garnishments. Wage garnishments are often applied to the paychecks of individuals who owe child support. Although it is illegal for an employer to terminate your employment due to a single wage garnishment, it is legal for an employer to terminate you after they receive multiple wage garnishment notices.
[/list] Labor and employment laws are complicated and vary by state. It is in your best interest to contact a specialized employment attorney if you believe your employer is in violation of a federal or state labor law.

Related Posts
Expenses in a DUI case
DUI case or Intoxicated driving is the act of working or generating an automobile while under the impact of liquor or medication to the level that psychological and engine skills ...
READ MORE
Which terms should be there in your Lease and Rental Agreement
There are terms you need to look out for before you sign a lease or rental agreement. That’s because if you’re not careful enough, chances are, the landlord or landlady ...
READ MORE
Wage and Hour Division
The Fair Labor Standards Act (FLSA) prescribes standards for wages and overtime pay, which affect most private and public employment. The act is administered by the Wage and Hour Division. ...
READ MORE
Declaring bankruptcy
Declaring bankruptcy is one of the many options a debtor can perform when he can no longer meet the terms of his financial obligations to his creditors. In the United ...
READ MORE
Affordable lawyer for felony charge
The saying, DUI or the Driving under Influence only is enough to tense you up. And you can’t ignore the situations it will lead to. The penalty for the same ...
READ MORE
Renting Office Space: Know What’s Involved
Office spaces are efficient for business owners and entrepreneurs to run their operations. Sometimes, sharing these commercial spaces with another person in the same line of profession or business is ...
READ MORE
Defenses: Most often raised to drunk driving charges?
Drunk Driving is the act where in the driver drives the vehicle under the influence of alcohol or drugs. This is to such an extent that the person does not ...
READ MORE
Zoning laws – Avoid Zoning trouble
The primordial rule for business location is to never sign a lease for a business zone or space if you are not yet completely sure that you are legally allowed ...
READ MORE
Punishments And Penalties for DUI/DWI
No crime goes unpunished. No other crime in the US gets more offenders behind bars than Driving Under the Influence or Driving While Intoxicated offenses. Laws per state vary but ...
READ MORE
How landlords can check a tenant’s credit report?
There are private credits reporting agencies that collect credit files and other consumer information and sell them. Landlords can get the credit report of their tenants through these agencies. Landlords ...
READ MORE
Expenses in a DUI case
Which terms should be there in your lease
Wage and Hour Division
Declaring Bankruptcy
Affordable lawyer for felony charge
Renting Office Space: Know What’s Involved
Defenses: Most often raised to drunk driving charges?
Zoning laws – Avoid Zoning trouble
Punishments And Penalties for DUI/DWI
How landlords can check a tenant’s credit report?