Common Employment Law Issues
Employment law is a broad category of laws that regulate the relationship between employers and employees. Employment law works so that you can be sure your rights are being respected if something goes wrong at your job. Because it is a broad category, there are many reasons you may need to seek a professional employment lawyer.
Discrimination
The Equal Employment Opportunity Commission (EEOC) is in charge of enforcing laws that prohibit discrimination. Federal laws prohibit discrimination based on race, national origin, sex, gender, religion, age, disability, and pregnancy.
The Americans with Disabilities Act (ADA) applies to all employers, including federal and state governments. It requires employers to provide reasonable accommodations for employees with disabilities. The ADA also prohibits discrimination against applicants or employees because of their disabilities.
Harassment
Types of harassment include quid pro quo sexual harassment and a hostile work environment. Quid pro quo sexual harassment involves trading romantic or sexual favors for preferential treatment in the workplace.
Hostile work environment harassment can include pressuring, coercing, or intimidating tactics so severe it creates an unsafe working environment for an employee.
The FEHA (Fair Employment and Housing Act) is the law that protects all employees from harassment, discrimination, and retaliation by an employer. Under FEHA, age, color, ancestry, gender identity, marital status, medical conditions, military or veteran status, physical disability, race, religion, sexual orientation, and sex are all prohibited types of harassment.
Wage Disputes
A wage and hour violation occurs when an employer fails to pay employees for all their time worked, denies them overtime pay or breaks, fails to classify workers as exempt from certain labor laws, or fails to pay minimum wage. Minimum wage rates are subject to change, so it’s important to pay attention when an increase takes effect. In California, the minimum wage was raised to $15.50 on January 1, 2023.
Employers who violate these rules can face consequences, including back pay awards (an amount equal to what they owe), interest on unpaid wages due, and fines per violation. Depending on how many employees were affected by the violation, a class action lawsuit may be filed on behalf of a larger group of employees.
You should contact an employment lawyer if you notice suspiciousness regarding your wages.
Wrongful Termination
Wrongful termination is when your employer fires you in a way that violates anti-discrimination laws, such as your race or gender. Another example of wrongful termination would be if the employee were fired because they reported illegal activities within the company (such as sexual harassment).
To prove that your employer has wrongfully terminated you, there must be evidence that shows what happened and why it was illegal. The employee who was wrongfully terminated after reporting sexual harassment, for example, would need evidence showing that this led directly to his firing. There are many benefits of hiring a wrongful termination lawyer if you suspect you have been wrongfully terminated.
Medical Leave
The Family and Medical Leave Act, usually called FMLA, protects employees for up to 12 weeks of unpaid leave and return to the workplace without penalty. FMLA can be used for medical treatments or conditions, caring for a family member, and the birth or adoption of a child.
You Can Take Action When Your Rights Are Violated
We hope this article has helped you better understand some of the common employment law issues that can arise in the workplace. At Real Deal Attorneys, our mission is to connect you with qualified, reputable legal counsel. If you think your rights have been violated at work, and you need an employment lawyer to represent you, call today at 424-367-1271.