We represent many clients on a contingency-fee basis. This means we only collect a fee when we recover money on your behalf. Our #1 focus is getting you results.
We represent many clients on a contingency-fee basis. This means we only collect a fee when we recover money on your behalf. Our #1 focus is getting you results.
Labor and employment laws cover a wide range of issues arising out of the employment relationship, from wage and hour issues such as owed overtime wages and misclassification of workers to executive compensation to enforcement of non-compete agreements. One of the most important laws that is widely misapplied by employers is the Fair Labor Standards Act (FLSA), which established certain workers’ rights, including the right to minimum wage and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.
However, some employers try to cut costs by denying workers their rightful pay. This includes examples such as:
• Misclassifying a worker that should be paid overtime as “exempt” by making them an exempt, salaried “manager” without actually changing the worker’s job duties to meet the requirements of the law
• Paying a worker a salary and classifying the worker as “exempt” to avoid paying overtime even though the employee’s duties do not meet any of the exemption tests under the law
• Removing duties from an exempt employee for reasons such as alleged performance deficiencies and not re-classifying the employee to a non-exempt position and paying the employee overtime wages
• Paying hourly employees straight time, or the same hourly rate, for all hours worked even if the employee works overtime hours
• The employer automatically deducting time for a daily meal break even though the employee is not able to take the full amount of time deducted for the break and sometimes does not even take a meal break.
• Forcing tipped workers to pool their tips with non-tipped workers, such as managers or cooks
The first thing you should do is consult with an employment lawyer. Sometimes, employers will retaliate against employees who file complaints by punishing them in some way. This could be anything from demoting them, cutting their hours or pay, to firing them.
An employment lawyer can help you determine whether your employer’s actions violate the law and can help you take any appropriate action against your employer. You may be able to file a charge of discrimination, a lawsuit, or make a demand for arbitration to enforce your rights.
Here are some tips to help deal with harassment in the workplace:
(1) Document what happened – Record when the harassment occurred, where it took place, who was involved, whether anyone witnessed the harassment, and what was said or done.
(2) Reach out to HR (and/or a manager depending on your company’s policies) and report the incident in writing, and allow the company to rectify things internally.
(3) Seek legal advice – If the harassment is not addressed or you are being retaliated against in any way, reach out to a lawyer for guidance.
If a non-solicitation agreement is violated, the aggrieved party can sue for damages. The party that violated the agreement may be ordered to stop soliciting the other party’s employees or customers and may be ordered to compensate the non-violating party for monetary damages.
If you are considering entering into a non-solicitation agreement with another party, it is important to consult with an experienced employment attorney beforehand to ensure that the agreement is enforceable. In addition, if you have an enforceable non-solicitation agreement, an employment lawyer can develop an effective strategy to stop any improper solicitation and seek a monetary award for quantifiable damages.
To determine if you have been wrongfully terminated, you should review any employment contract and applicable state and federal law with an employment attorney. If you have been wrongfully terminated, you may be able to file a charge of discrimination or lawsuit against your employer. You should speak with an employment attorney to learn more about your specific situation and what rights you may have.