Employment Law

Wage and Hour

The Fair Labor Standards Act (FLSA) differentiates between exempt employees (usually contracted ones), and non-exempt employees. Most employees are considered non-exempt employees, which means that they fall under the protections of the law. Non-exempt employees are entitled to a minimum wage and overtime pay. You may be entitled to compensation even if you were a manager and were paid a salary. Unpaid overtime, unlawful tip deductions, no meal breaks, and off-the-clock work can all be the basis of a wage and hour claim. Additionally, the laws like the Working Families Flexibility Act of 2017, which allows employers to offer comp-time in lieu of overtime pay, can apply to certain employees.

Discrimination

If you have been treated unfairly based on specific characteristic – such as race, sex, sexual orientation, religion, national origin, physical disability, and age – you might have been discriminated against. Discrimination happens when an employer takes an adverse employment action against you – denying you a job, a raise, a promotion, or cutting your wage – based on your membership in a protected class. An employer cannot take adverse action against you based on these characteristics. These laws include the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex, and national origin, and the Age Discrimination in Employment Act (ADEA), which prohibits discrimination against employees over the age of 40. Additionally, the U.S. Equal Employment Opportunity Commission (EEOC) enforces workplace anti-discrimination law and investigates discrimination claims. If you think you have been discriminated against in the hiring process or in the workplace, contact Consumer Attorneys. 

Harassment

Harassment is unwelcome conduct in the workplace, whether verbal or physical, relating to a person’s race, gender, sex, or membership in any other protected class mentioned above. The conduct needs to be severe enough that it interferes with your ability to do your job – one-off comments here and there are usually not enough. Harassment can either be via creating a hostile work environment, or a “quid pro quo” proposal, where your boss conditions your job or a promotion by you agreeing to this proposition. The conduct needs to be serious and continuous to be considered harassment. We help our clients develop their harassment claims and pursue the relief afforded to them under state and federal laws.

Retaliation

Retaliation happens when an employer takes an adverse action against you (firing you, cutting your wages, demoting you, and so on) based on activity that is protected under the law, such as whistleblowing or reporting misconduct. For example, if you asked to be paid overtime and as a result, been demoted, or if you complained to your employer that they are breaking the law and subsequently suffered negative consequences. If this happened to you, Consumer Attorneys can help you get compensation for any unfair treatment you endured.

Employment law is a complex and ever-changing area, and it is important for both employers and employees to be familiar with their rights and responsibilities. If you have any questions or concerns about employment law, it is important to seek the advice of an experienced employment law attorney. Consumer Attorneys has a team of highly experienced lawyers who can provide you with the guidance and representation you need to protect your rights and interests in the workplace.