Employment Law 2017-11-01T10:00:23+00:00

Wages and Overtime

State and federal laws address a variety of unlawful pay practices.  These pay practices include failing to pay employees for all of the hours worked, failing to pay the proper minimum wage, and failing to pay overtime.  An employer may fail to pay an employee for all of the hours worked by not paying for work done “off-the-clock”, improperly deducting for breaks less than 30 minutes, or failing to pay for breaks when the employee is not completely relieved of duty. If an employer fails to pay for all of the hours worked, then the employee may also be receiving less than the appropriate minimum wage or inadequate overtime compensation.

Employers may also fail to pay the proper minimum wage or overtime compensation if they improperly classify an employee as “salaried” or as an “independent contractor”. An individual must meet specific requirements to be considered a salaried employee or independent contractor who is exempt from receiving overtime compensation. If the individual does not meet these specific requirements, then they may be entitled to recover unpaid wages and overtime.

Discrimination

State and federal laws prohibit discrimination on the basis of specific protected statuses including race, gender, age, national origin, disability, religion, and sexual orientation. Gender discrimination also includes sexual harassment and discrimination based on pregnancy.  When an individual is treated differently in the terms and conditions of employment because of race, gender, age, national origin, disability, religion, or sexual orientation, then discrimination may have occurred. Such discrimination may be in the form of receiving different job assignments, training, benefits, pay, or being fired.

Finding an Attorney

It is important to find an attorney who you trust will work hard for you.  Whether you are an employee who needs to enforce his or her rights or an employer who is required to comply with the ever-changing laws and regulations, you can rely on the experience and professionalism of the attorneys at Reservitz McCluskey, PC.