Employment Practices & Disputes

We have experience working with clients in employments disputes.  When those disputes arise, we are dedicated to handling cases before various administrative agencies (including the Equal Employment Opportunity Commission, Department of Labor, National Labor Relations Board, etc.) as well as state and federal courts.  We handle civil litigation cases involving discriminatory practices, including failure to hire, denial of equal pay for equal work, on the job harassment, wrongful discharge, and defamation of character, employer retaliation and whistle blower claims. 

These types of claims come in all shapes and sizes.  One obvious example is discriminating against an individual based upon their race, sex, age or disability.  This can take place at the hiring stage, during work scheduling, in performance evaluations or at termination.  Another example would be un-checked workplace behavior.  What may seem like a harmless joke to one individual may make another employee feel uncomfortable, threatened or in fear for one’s safety.  These are just examples and a small portion of the types of cases we are able to handle.  State and federal law provides specific requirements for work hours, performance, scheduling, termination and treatment of employees during working hours.  

Victims of discrimination may be entitled to:

Before a lawsuit may be filed by the employee, a formal complaint must be registered with the U.S. Equal Employment Opportunity Commission (EEOC) or state administrative equivalent.  That organization determines whether there can be an amicable solution between the employer and employee.  If the case cannot be resolved, it may either file its own civil lawsuit on the employee’s behalf or give that power to the employee himself with a “right to sue” letter.  Charges must be filed within 300 days of the alleged discriminatory act.  Our goal is to protect our clients’ interests in these proceedings – no case is too large or too small.

The Fair Labor Standards Act (“FLSA”) sets mandatory minimum wage rates and requires most employees (referred to as “non-exempt” employees) to receive overtime pay for each hour worked over 40 hours in a single work week.  Salaried employees are not automatically exempt from overtime wages simply because they are paid on a salary basis.  A worker may not be eligible to collect overtime pay if he/she receives a salary that is equal to or greater than $455 per week and performs the job duties of an exempt employee.  Our team is ready to counsel individuals and businesses about their rights. 

Disputes arise in a number of situations, such as where there is a disagreement about when the employee actually began work or whether the employee was compensated for work done “off the clock” (such as returning calls or e-mails from a personal or work cellular telephone).  An employee should receive compensation for all work.  

Disputes also arise regarding whether work was done for a single employer or a number of different companies.  This commonly occurs when there are multiple employment locations, such as franchises or separate retail stores.  A third and common dispute arises regarding whether an individual is an employee” or an “independent contractor”.  The FLSA requires that all compensable time must be paid and prohibits “off the clock” work.

The Family and Medical Leave Act (“FMLA”) of 1993 mandates that covered employers offer as many as 12 weeks of unpaid leave without jeopardizing the job status of eligible employees for various family and individual medical situations.  These situations include pregnancy, care for a newborn, adoption/foster care placement, care for an immediate family member (spouse, children or parent) with a serious health condition, and other serious health conditions.  The FMLA allows employees to leave temporarily or work a less rigorous schedule depending on the circumstances.

The FMLA applies to employers who employ 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers and successors of covered employers.  Employees are eligible if they have worked for a total of 12 months, have worked at least 1,250 hours over the previous 12 months and work within the United States or any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

If you have any questions about your rights or obligations, please give us a call for a free consultation.