Workplace law protects the relationship between employer and employee, ensuring that employees are treated fairly and have safe work environments. Workplace law is also known as employment law or labor law.
If you think that your employer may have violated workplace law, contact us.
What Issues Does Workplace Law Regulate?
Workplace law covers many different issues within the work environment. In the beginning, workplace law established minimum wage, outlawed child labor, compensated injured workers, and standardized the 40-hour workweek. Over the years, new issues have arisen such as employee healthcare and equal pay for men and women.
Discrimination is the unfair treatment of an employee because of his or her age, disability, gender, LGBT, race, and religion. Employment decisions, including hiring, promoting, or firing, should never be made based on any of these characteristics. If you’ve dealt with employment discrimination, contact a lawyer.
Some employees are exempt from overtime. However, when an employer gives an employee an inflated job title but the job responsibilities are not FLSA exempt, the employee may be eligible for FLSA overtime benefits. Occasionally, a salaried position falls under FLSA coverage, but since salaried positions are usually considered exempt, an employer might take advantage of this assumption so no overtime needs to be paid.
Wrongful termination happens for a variety of reasons. A few reasons that can prove wrongful termination occurred is when discrimination, breach of contract, retaliation was present. However, you may have a case if you were fired because of a medical leave of absence. Contact a lawyer if you have questions or want to know how to sue your employer for wrongful termination.
Nonpayment of Overtime Wages
If an employee works any amount of time for an employer and does not receive wages, this is against the law. This includes overtime. Although exempt employees will not receive overtime wages, all other employees are entitled to overtime. If you have not received your rightful wages, contact a lawyer who can help you sue your employer for nonpayment of wages.
“Off the Clock” Work and Payment
Although some employers may encourage employees to arrive early to perform certain tasks before clocking in, this time should be paid. Regardless of whether or not the employee chooses to work off the clock or is encouraged to do so by the employer, this is against the law. Contact an FLSA attorney if your employer wants you to work off the clock.
Sometimes when an employee makes a complaint against an employer, the employee suffers negative employment action. Retaliation comes in the form of threats, physical violence, demotion, or termination. Although retaliation can also be subtle, the most provable actions are noticeable. Contact a lawyer because he or she can help reverse any negative employment action you experience.
Workplace Law: A Few Key Acts
Naturally, workplace law exists as an overarching name for a large number of laws and acts that do the nitty gritty work to protect the rights of American workers. Each law specializes in key areas of employment whether providing for the health and safety of the worker in the workplace or allowing leave to care for family members.
The Family and Medical Leave Act offers eligible employees 12 unpaid, workweeks of leave for specific family and medical conditions. At the end of the leave, the employee is guaranteed job reinstatement. A few examples of qualifying situations are included below.
- caregiving for a family member who suffered severe injury or illness
- new child bonding, whether biological, fostered, or adopted
- handling qualifying exigencies from a family member’s military service
- recuperating from a personal health problem
The Fair Labor Standards Act outlines the regulations for the standard workweek, minimum wage, overtime wage, and child labor. Moreover, FLSA examines employees for overtime eligibility according to salary and responsibilities. Most recently, President Obama implemented new overtime wage laws in response to inflation and misclassification of employees.
The Equal Employment Opportunity Commission fights employment discrimination by investigating discrimination complaints, offering guidance to the federal government, and educating the workforce about discrimination prevention.
The Occupational Safety and Health Act obligates employers to reduce safety hazards in the workplace and protect the health of employees. OSHA requires employers in certain industries to offer protective gear, fire protection, and proper training to employees. All business fall under OSHA’s jurisdiction except for self-employed and family-run farms.
The Americans with Disabilities Act protects the employment rights of individuals with disabilities. However, all disabilities must fit ADA’s definition of disability. ADA obligates employers to offer reasonable accommodation to employees with disabilities. If you’ve suffered discrimination due to your disability, contact a lawyer who will help you sue for discrimination.
The Uniformed Services Employment and Reemployment Rights Act defends the employment and job reinstatement rights of uniformed service members who leave civilian jobs for any period of time to serve in the military. USERRA covers your right to return to work after military service. USERRA motivates all employers to do everything in their power to provide for returning service members.
Kraemer, Manes & Associates LLC “KM&A” is a law firm serving all of Pennsylvania with our principal offices in Pittsburgh and Philadelphia. Call KM&A in western Pennsylvania at 412-626-5626 or in eastern Pennsylvania at 215-618-9185. KM&A can be reached by email at firstname.lastname@example.org.