U.S. employment laws protect workers by setting minimum conditions for hours and pay. Any companies that violate congressionally-set rules can be held responsible in a court of law. Wronged employees may be entitled to financial damages and back pay for any benefits they missed. This is a look at the basics of the Fair Labor Standards Act (FLSA):
One of the most important parts of the FLSA is that is created a standard minimum wage paid for all hourly work throughout the country. While each state has the right to increase the minimum wage as they see fit, no employer in the United States can pay an employee less than the federally mandated amount. As of 2009, the wage amount is $7.25 per hour, unless the job allows the worker to earn more than $30 a month in tips.
The FLSA explicitly states that all employees who work more than 40 hours per week are entitled to overtime at time-and-a-half pay. Certain types of labor classes are exempt from this requirement, but it generally applies to most hourly workers. If you suspect that your employer is intentionally short-changing you on your salary, consult a local employment attorney to file a claim under FLSA.
When Congress passed the FLSA in 1938, one of its chief aims was to prevent the problem of cheap and exploitative child labor throughout the United States. This law made it illegal to hire children under the age of 16 to work in all non-farming jobs.
If you live in California and suspect that your employer is shortchanging your wages or committing other illegal acts, consult the skilled team at the Advocacy Center for Employment Law. We are a San Jose-based firm with decades of experience helping workers of all wage levels receive proper compensation. Call our office today at (408) 600-1972 to schedule an evaluation of your claim.
Inappropriate gestures, touching, jokes, and assault all fall under the umbrella of harassment. In the office, these actions are often sexual in nature. Here are just some of the steps you may want to take if you suspect that you are the victim of a sexual harassment in the workplace:
Create a Paper Trail
If a co-worker makes you uncomfortable through gestures, lewd remarks, or inappropriate emails, write down the specifics of the event while it is still fresh in your mind. Note the date, time, location, and any other details that you may remember. These details will become helpful should you choose to file a complaint. If possible, attempt to stop future behavior by asking your harasser to stop. If he or she refuses, note that information as well.
Notify Human Resources
If your company has a human resources department or equal employment office, notify the appropriate staff about the harassment as soon as possible. These individuals may be able to take administrative actions to adjust your chain of command so that you no longer have to face your harasser on a daily basis. You can use the factual information you jotted down after the incident to make a calm case and ask for reassignment or repercussions for the harasser.
Consult a Local Attorney
If the human resources department chooses not to pursue your claim, you have other legal options. Both state and federal laws prohibit sexual harassment in the workplace. If you believe that you work in a hostile or unsafe environment, you may be able to sue your employer for financial damagers. Consult a local attorney to see if your situation rises to the level of an illegal offense.
The Advocacy Center for Employment Law understands the pain and trauma associated with sexual harassment. No man or woman should have to tolerate this behavior at work. Thankfully, California and federal laws apply to millions of victims. If you live in the San Jose area and need legal advice about your specific circumstances, contact us online or call (408) 600-1972 to schedule your consultation.
While many employees may feel otherwise, all workers have a certain number of rights that cannot be taken away from them by overbearing bosses or greedy businesses. Companies that infringe on these rights can be sued for financial damages until they change their ways.
One of the most important worker rights is freedom from discrimination on the basis of race, religion, disability, sex, national origin, and veteran’s status. Employees should also not face harassment or inappropriate remarks from employers due to any of these categories. If workers feel that they are in a hostile work environment, they have the right to hold their employer accountable in a court of law.
Rigorous state and federal law statutes protect California employees in the event of harassment of abuse. The Advocacy Center for Employment Law has been helping San Jose and Bay Area workers stand up for their rights for over twenty years. Dial (888) 703-2911 today to schedule a consultation with an experienced employment lawyer in San Jose.
The Fair Labor Standards Act guarantees certain rights to all U.S.-based employees. This video explains some of the protections that all American workers enjoy, such as minimum wage and the right to sue in a court of law.
The federal government sets the lowest amount a business can pay their employee. States can then choose to raise this minimum wage if they so choose. Similarly, federal laws require certain employees to receive overtime pay if they work more than 40 hours per week. In the event that an employer violated these laws to save money, the company can be sued in state or federal court for back pay or financial damages.
Certain labor law provisions allow victims to sue their employer and force the business to pay for their legal fees in the event that the employee wins. This places the attorneys at the Advocacy Center for Employment Law in a favorable position. To see if your case qualifies you for this provision, call our San Jose office today at (408) 600-1972. Experienced employment lawyers are standing by to assist you.
"I am kind of surprise to see these reviews here!!! Mr. Cohn is one of the most responsible attorney that you can see with a big heart. He helped me in my case and understood my situation without even talk about money..." Entire review on Yelp.