WHAT IS WORK LABOUR AND EMPLOYMENT LAWYER?

There are many ways people experience injustice in the workplace. Sadly, even today some workers are faced with unfair wages and discrimination on the basis of race, gender, sexual orientation, age, religion, or disability. Regardless of the reason, this mistreatment by employers is unacceptable, and you shouldn’t stand for it.

Ben Crump is renowned for his willingness to fight injustice and discrimination wherever it is found, including the workplace. If you are being discriminated against at work, or are not paid what you are owed, he is ready to fight for your workplace rights.

Contact Ben Crump today and find out how he may be able to help with your labor and employment case.

Wage & Hour Violations

There are many ways that employers deny employees the wages to which they are legally entitled. However, wage theft is prohibited in all its forms under the Fair Labor and Standards Act.

Examples of wage theft include:

  • Employer doesn’t pay overtime each week;
  • Employer fails to pay minimum wage;
  • Employer fails to pay for all hours worked;
  • Employer pools tips with non-tipped employees;
  • Employee is misclassified as an independent contractor;
  • Employee is misclassified as exempt from overtime pay

Wage & Hour Violation Compensation

The damages an employee may be able to recover in a wage theft case will vary depending on the specific circumstances of that case. In most cases, employees pursue the wages they should have been paid but were not.

Generally, employees can only file a lawsuit to recover wages that were lost up to two years prior to the lawsuit’s filing. However, if the court finds that an employer purposefully broke the law, it may allow employees to recover compensation for up to three years.

Workplace Discrimination

Race, Color, or National Origin Discrimination

Discrimination in the workplace based on race, color, or nationality is prohibited under Title VII of the Civil Rights Act of 1964. Under those sections, employers are found to be violating the law if they hire, fire, or determine compensation, terms, conditions, or privileges of employment on the basis of someone’s race color or national origin.

Additionally, if employees or applicants for employment are limited, segregated, or classified based on their race, color or national origin in a way that would deprive them of employment or affect their employment status, employers are also violating the law.

Under Title VII, employees found to be victims of discrimination in the workplace are eligible for damages, including, job reinstatement and promotion, wage recovery and other job-related losses, financial damages, injunctive relief (a company is forced to change its policies to stop discrimination) and payment of lawyer fees.

However, If an employee wants to file a lawsuit against their employer, a formal complaint must first be filed with the U.S. Equal Employment Opportunity Commission within 300 days of the alleged discriminatory act.

The EEOC then determines if an agreement can be reached between the employer and employee. If an agreement can’t be reached, the EEOC may launch a civil lawsuit on the employee’s behalf or give that power to the employee with a “right to sue” letter.

Gender Discrimination

Under the Equal Pay Act of 1963, employers can’t deny compensation on the basis of sex when substantially equal work is being done. Gender discrimination is also prohibited when considering a new job candidate, firing employees, promotions, job titles, benefits, and training opportunities.

With any of these factors, an employee or potential employee’s sex should not be part of the equation, and people should be hired, fired, and promoted based on their merits.

Age Discrimination

Under the Age Discrimination in Employment Act of 1967 employees and job candidates over the age of 40 are protected from discrimination based on their age. Specifically, the act prohibits:

  • Refusing to hire;
  • Firing;
  • Offering different compensation, terms, or conditions of employment;
  • Limiting, segregating, or classifying an employee in a way that would negatively affect their job opportunities.

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