Employment law involves state and federal legal protections for both employers and employees. Legal action has become a common remedy to address labor law deviations and employment discrimination disputes.
Lincoln Labor law violations.
Most states defer to federal law, but it is best to hire an experienced employment law attorney in the state where the questionable employment activities arise. Common and costly labor law mistakes include violations of:
- Minimum wage and overtime requirements per established employment law,
- Safe working environment for employees,
- Workers’ compensation for on the job injuries,
- Misclassification of employees,
- Discrimination, or harassment of employees.
Lincoln Minimum wage and overtime.
The Federal Labor Standards Act requires overtime pay of at least one and one-half times the regular rate of pay for hours worked in excess of 40 hours per workweek and the states follow suit. An employment law attorney can make certain state law addresses the federal guidelines on minimum wage. State-specific nuances of the wage laws can be reviewed with an employment law attorney.
Lincoln Safe working environment.
The Occupational Safety and Health Act (OSHA) was created to ensure workplace safety for employees. If an employer does not take the appropriate measures to make the workplace safe, they can face OSHA sanctions and fines, along with formal complaints and lawsuits from employees. Workplace safety issues may include environmental factors, workspaces and workplace violence.
Each state has their own specific guidelines as to how many employees a business must have to carry workers’ compensation insurance, and what employee classifications may be exempt from receiving workers’ compensation. The complaint process may be more effective with timely resolve when an experienced labor law attorney is acting on behalf of an injured employee.
Lincoln Employee misclassification.
Some employers try to classify workers to minimize the wages paid to that person. An example of this labor law violation is trying to classify someone as a salaried employee when they are an hourly employee. If an individual feels they have a strong case against an employer, they should contact an unpaid wage attorney.
Federal anti-discrimination laws are the supporting strength of many lawsuits against employers discrimination for age, disability status, gender pay gap, sex, race, religion, national origin, and pregnancy or related conditions, to name a few and include:
- Title I of Americans With Disabilities Act
- Title VII of the Civil Rights Act
- Pregnancy Discrimination Act
- Equal Pay Act
- Age Discrimination in Employment Act
Lincoln Wrongful termination & retaliation.
Employees can fight back against wrongful termination, for discrimination, harassment, or retaliation. They can make informal complaints to employers, file formal complaints, a complaint with the Equal Employment Opportunity Commission and/or State Commission on Human Rights Division, or file a lawsuit.
Lincoln employment lawyers familiar with employment law can sue for damages to remedy emotional anguish, inconvenience, injury to professional community standing and reputation, injury to credit and loss of health. Economic damages include potential moving expenses, job search expenses, medical/behavioral health expenses, and out-of-pocket expenses directly related to the negative employer practices.