attorney who handles employee pay/labor issues

What does an employment lawyer do?

If you are involved in an employment dispute or face an adverse action by your employer, an employment lawyer can help. Employment lawyers protect the rights of employees and determine violations of federal and state anti-discrimination and harassment laws, and employment agreements. Use FindLaw to hire a local employment lawyer near you who can help recover …

Why do employers hire attorneys to represent employees?

At Morgan & Morgan, our wage and hour lawyers pursue cases regarding a wide range of employment and wage-related issues for workers nationwide. In the last five years, our firm has handled more than 6,000 wage and hour lawsuits and …

What does the federal employment attorney’s office do?

Jun 11, 2021 · Employment lawyers represent both employees and employers in connection with issues involving both state and federal employment law. Employment lawyers make sure that all employees are treated in a fair and consistent manner and that employers are in compliance with all of the many local, state and federal laws that apply in the modern workplace.

What does a workers’ compensation lawyer do?

The Devadoss Law Firm is solely devoted to representing federal employees in employment and labor matters. Nationwide representation: call 888-351-0424.

What do labor lawyers do?

What Do Labor Lawyers Do? As a division of employment law, labor lawyers represent both employers and employees in disputes and negotiations. However, labor laws focus specifically on industries with labor unions (teachers, policemen, bus drivers, etc.) and their specialized rules and regulations.

How do I legal action against an employer?

File a complaint with EEOC (Equal Employment Opportunity Commission) or other state agency- they look and investigate into the matter, and then decide whether the policy should be changed or you should get damages. Filing of Civil Suit- If the victims think fit can also file the civil suit against the offender.Oct 14, 2018

Can you sue your employer?

Some people worry that suing their employer may cause problems in the workplace. However, employees are legally entitled to seek compensation from an employer if they breach their duty of care. This means that you cannot be discriminated against or dismissed as a result of making a claim against your employer.Aug 3, 2021

What do you know about labor law?

labour law. labour law, the varied body of law applied to such matters as employment, remuneration, conditions of work, trade unions, and industrial relations. In its most comprehensive sense, the term includes social security and disability insurance as well.

How do I file a complaint against a company that doesn't pay?

If the labour commissioner fails to provide a solution, then the employee can approach the labour court. This suit can be filed under the Industrial Disputes Act, 1947. However, this suit must be filed within 1 year from the date from which the salary is due. The Labour Court has to decide the case within 3 months.

Can company take legal actions employee?

An employer can initiate a legal action with the help of labor advocates, against an employee who violates any of these rights. The employer can file a case in a civil court or Labour Court against an employee who fails to perform their duties and acts against an employer's interest.

Can I take my employer to court for unfair treatment?

It might be against the law if you're being treated unfairly or differently at work because of who you are, such as being disabled or being a woman. If it is, you can complain to your employer or take them to an employment tribunal.

What is it called when you are treated unfairly at work?

Here are just a few examples of unfair treatment at work: Demoting, transferring or dismissing an employee without a fair, disciplinary process. Paying women lower wages for doing the same job, because of their sex.Jan 2, 2020

Can I sue my employer for negligence?

Employees have the right to sue their employers when their rights have been violated in a way that leads to serious injury. The necessary factors for proving an employer's negligence are similar to that of a standard personal injury case caused by negligence.Apr 20, 2021

What are the 4 labour laws?

The four labour codes -- the Code on Wages, Industrial Relations Code, Social Security Code and the Occupational Safety, Health and Working Conditions Code -- are set to replace 29 labour laws. Over 90% of India's 50 crore workers are in the unorganised sector.Dec 29, 2021

What are the new labor laws for 2020?

CODE ON SOCIAL SECURITY, 2020 The Employees' State Insurance Act, 1948. The Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959. The Maternity Benefit Act, 1961.Jul 6, 2021

What are the 3 main labour laws?

South Africa has three main labour laws, namely the Basic Conditions of Employment Act, the Labour Relations Act, and the Employment Equity Act.Aug 29, 2017

What are compensable hours?

Employer fails to pay for all hours worked: Time spent working for the benefit of your employer – regardless of whether you’re on the employer’s premises – is considered compensable time and should be paid. Examples of compensable time include time spent: 1 Checking emails from home 2 On-call 3 Turning on computers 4 Cleaning equipment 5 Putting on equipment 6 Undergoing some security checks 7 Working through meal breaks 8 Attending training or safety classes 9 Taking short breaks that last between 5 and 20 minutes 10 Initial drive time from the company’s location to the first job of the day, or the last drive time of the day back to the company’s location

What happens if you are denied overtime?

If your job is on this list and you were denied overtime or shorted pay, you may be eligible to file an individual lawsuit or a collective action lawsuit on behalf of yourself and other employees to recover your unpaid wages.

How many hours does an employee work in a week?

For example, an employee who works 30 hours one week and 50 hours the next has his hours averaged and his paycheck shows that he worked 40 hours each week. As a result, he never receives overtime pay for the 10 hours he worked in the second week. This is sometimes called "comp time.".

Can an employer shortchange your wages?

There are a number of ways in which your employer may shortchange your wages in violation of federal or state law. For example, your employer may claim that you can’t receive overtime pay unless you have permission to work extra hours (even though they then “let” you work the overtime hours without paying you) or refuse to pay you for time spent doing certain work-related activities (i.e. putting on safety equipment, checking e-mails from home, going to before- and after-hours meetings).

What is half time pay?

Half pay, also known as a "Chinese overtime" or the “fluctuating workweek”, is when workers receive overtime pay at a rate one-half times their typical hourly rate. There are, however, strict criteria the employee must meet to be eligible for “half-time.”.

Is comp time illegal?

Another way improper comp time is used is instead of giving their workers overtime pay, some companies may give their workers “comp time” or hours that can be used toward a vacation or sick time. For private employers, this is illegal. The employer pays “half-time.”.

What is the minimum wage for an employer?

Employer fails to pay minimum wage: The federal minimum wage is $7.25 per hour, but some states have passed legislation enforcing a higher minimum wage. Despite federal and state laws, some employees are cheated out of minimum wage.

What is employment law?

Employment law is a highly specialized and an ever-changing area of the law with significant gray areas. Retain someone who has represented individual employees, not employers. For more information on potential sources for employment lawyers, see the Workplace Fairness employment attorney directory.

Why do I need an attorney?

Why might I need a lawyer to handle a employment-related problem? To fully enforce state and federal laws protecting employees against illegal actions by their employers, you will need an attorney in many situations where you have a serious problem with your employer and need to take legal action.

What are the legal issues that employment lawyers handle?

Employment lawyers handle employment-related legal issues, including: Wrongful termination; Workplace discrimination; Sexual harassment; Contract violations;

How much does an attorney charge per hour?

Hourly rate: Most attorneys charge for employment cases according to a set hourly rate. In California, the median attorney hourly rate starts at $350 for smaller, less experienced firms and $450 for larger more experienced firms.

When should I contact an employment attorney?

A person should contact an employment attorney as soon as they become aware of an issue. If a person waits to contact an attorney, the delay could prevent them from proving the conduct committed by the employer and thus from recovering damages.

Do lawyers represent employees?

Many lawyers represent employees who are not part of a union and are basically powerless in situations where employers have treated them in ways that violate applicable law and put employees at a disadvantage.

What can an employment lawyer do?

An employment lawyer can help review or prepare contracts and agreements that you use with your employees such as employment contracts, severance contracts, or releases. Of course workplaces are subject to many different types of regulation by a number of different local, state and federal agencies, for example, OSHA.

Can an employer lay off employees?

The employer plans to lay off or fire a large number of employees, terminate an employee benefit, or change the current pension plan that it offers. An experienced employment attorney can also assist you with legal issues other than employee-employer disputes.

What should I do before meeting with a lawyer?

Before meeting with a lawyer, a person should prepare themselves to describe their problem with a brief, clear summary.

Who is the Devadoss law firm?

The Devadoss Law Firm, P.L.L.C., represents federal government employees throughout the United States in labor and employment matters. We defend federal workers facing disciplinary action or termination and we assert their legal rights and remedies relating to discrimination, harassment, retaliation, work injuries and other employment issues.

Who is Bobby Devadoss?

Trial lawyer Bobby Devadoss has handled federal employment matters throughout his career. He formerly worked for the Federal Labor Relations Authority (FLRA) and later took a position with the Federal Aviation Administration (FAA) before starting his own law firm.

How long does it take to retire from the federal government?

Federal employees commonly spend their entire careers in public service, retiring after 20, 30 or 40 years with an agency. We understand how devastating it is to face termination, demotion or denial of security clearance after years of hard work and devotion.

What happens if you don't sign a write up?

In some companies, failure to sign a write-up could lead to more disciplinary action. If you disagree with a disciplinary action, ask for time for a rebuttal, or sign the document and make a note that your signature does not indicate agreement with its contents. Find the Right Workplace Lawyer.

How to resolve a dispute with your employer?

In many situations, directly speaking with your employer is a quick way to resolve a workplace dispute. In instances that going directly to the employer does not work, contact an employment law attorney.

What to do if you have a dispute at work?

If you are dealing with a workplace dispute, you should contact a local workplace lawyer as soon as possible. Your attorney will review your case, advise you of your rights, and will assist you in the process of resolving your case.

What is included in an employee handbook?

Information typically included in employee handbooks: Sexual harassment policies; Alcohol and drug use policies; Pay, salaries, and any bonus-type information;

What are the protected classes under the Civil Rights Act of 1964?

Medical conditions, such as pregnancy. These are protected classes under Title VII of the Civil Rights Act of 1964, and any employment decisions that include termination, hiring, pay, promotions, etc., are prohibited. There are many protections for these individuals, in both state and federal law.

Why Might I Need A Lawyer to Handle A Employment-Related Problem?

• To fully enforce state and federal laws protecting employees against illegal actions by their employers, you will need an attorney in many situations where you have a serious problem with your employer and need to take legal action. Most attorneys representing employees do so because they understand that non-unionized employees are relatively powerless against employ…

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