In addition, if you were hired as an hourly employee (not one exempt from overtime pay), it is likely your employer has violated state law by not paying you for your overtime. Depending on the specific facts of your case, you may have many different viable claims. I would suggest you contact a local employment law attorney.
Jan 26, 2020 · Many states have laws that say when employers must give departing employees their final paychecks —and whether the paycheck must include unused vacation pay. Even in states without such laws, the federal Fair Labor Standards Act requires employers to issue an employee's final paycheck on or before the next regular payday. (29 U.S.C. §§ 201 ...
Aug 20, 2014 · Most employment attorneys who practice this area of law work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. Good luck to you.
In addition to figuring out if your employer has violated a federal or state law, an employment lawyer can present you with the options for challenging an employer's illegal conduct and discuss whether you have a case worth pursuing. Discuss Your Options. When an employer violates wage and hour laws, an employee often can sue the employer.
Jul 16, 2021 · 1) See if there are any other legitimate claims you can put against your employer, to increase the total amount you’re suing for and make it more cost effective. If the employer discriminated against or harassed you on the basis of your race, sex, religion, gender, disability, or age over 40, retaliated against you for bringing up safety ...
The Labor Code is very clear about how your employer is required to handle that situation, and in what remedies are available to you if he pulls the same stuff on you.#N#When you quit, the employer has 72 hours to prepare your final check, including any wages, expenses and accrued vacation time, and send it to the address you...
If you quit, your employer has 3 calendar days to provide your final paycheck, including all compensation earned such as paid vacation. For each day late, you are entitled to 1 day's pay up to a maximum of 30 days.#N#You can hire a lawyer to demand payment on a contingency, since attorney's fees...
If your employer fires you, it is required to pay you immediately; the 3 day period my colleagues cited applies only if you quit without 72 hours notice. Also, employers who violate one labor law generally violate others as well.#N#Good luck...
An employment lawyer can also give you an assessment of your likelihood of prevailing in any of the above options, and the cost for undertaking each of them. You and your lawyer will discuss what you might recover in damages and the attorney fees you may have to pay to pursue those damages.
If your employer has not paid you fully for your work, you may be entitled to penalties and, in some states, attorney's fees, in addition to payment of wages owed.
premium overtime pay for hours worked over the legal straight-hour maximum (over 40 hours in a workweek under federal law; over 8 hours in a workday under some state laws), or . for travel time during the workday that is related to work (and, in some states, certain travel to and from work).
Wage Claims. You may have a claim for unpaid wages if your employer has failed to pay you: minimum wage. for break time provided by law (or has not allowed you to take required breaks) for "off-the-clock" work. for time you need to put on or take off safety or other work-related gear or uniforms.
When an employer violates wage and hour laws, an employee often can sue the employer. But, in many situations, the employee may have other options. For example, in some states, you can file a claim for unpaid wages against your employer with the state labor department, which will then hold a hearing to issue a finding on the claim.
Of course, if your employer refuses to pay you what you’re owed, you’re going to have to sue the employer for money. Lawsuits can be expensive; before going ahead with one, you should: 1) See if there are any other legitimate claims you can put against your employer, to increase the total amount you’re suing for and make it more cost effective.
Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...
An employee may be able to sue their employer. Claims against an employer include: Sexual harassment: There are two types of workplace sexual harassment. The first is known as hostile work environment sexual harassment. This kind of sexual harassment occurs when a person engages in unwanted and offensive conduct that affects ...
Employment law applies to disputes between an employer and an employee. If you have a workplace dispute or issue that cannot be resolved by your employer, you might be able to file a lawsuit against the employer.
Discrimination Violating the Family and Medical Leave Act (FMLA): The FMLA is a federal law that provides certain employees with up to 12 weeks of leave for certain medical reasons. Under the FMLA, employers must continue the employee’s health care benefits. The FMLA also provides for job protection.
It is also illegal to interfere with an employee’s FMLA right to leave. Discrimination Violating the Equal Pay Act: The Equal Pay Act protects against gender discrimination. This federal law requires employers to pay employees equal pay for equal work, regardless of their gender.
The second kind of harassment, known as quid pro quo sexual harassment , occurs when a higher-ranking employee requires or demands that a lower-ranking employee perform sexual favors or submit to sexual demands, as a condition of keeping their job or job benefits. Discrimination Violating Title VII of the Civil Right Act of 1964 ...
Each state administers its own workers’ compensation laws. Employers must provide workers’ compensation benefits without regard to who caused the injury (whether employer or employee). An employee whose employer refuses to pay the benefits may file a claim with the State Workers Compensation Board seeking payment.
Discrimination Violating Title VII of the Civil Right Act of 1964 (Title VII): An employer violates Title VII of the Civil Rights Act of 1964, a federal law, when the employer discriminates against an employee on the basis of the employee’s race, color, religion, sex, or national origin.
While I agree with the previous answer, indicating that you need to contact an employment attorney, I would disagree with the idea that your case is a federal one. Indiana has very specific wage/employment laws, which require employers to pay their employees at specific intervals.
You need an attorney that deals with employment law.
These agreements generally stipulate employees can't work for a competitor for a certain period of time after leaving a company.
More. No one is above the law, including your boss. The National Labor Relations Act and a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission protect employees from hostile work environments, discrimination and unfair labor practices.
Some employers may break the law before you even get hired. The EEOC enforces laws that prohibit a dozen different types of discrimination and, in most cases, employers can't use those factors in hiring decisions or even ask about them during the interview process. That means a job application can't ask for your age, marital status, religion or plans to become pregnant, among other things.
Employee compensation is no simple matter. "There is a massive body of law that governs how people are paid," explains Brian Weinthal, partner with the law firm Burke, Warren, Mackay & Serritella P.C. in Chicago.
That's because trying to curtail worker communications can be seen as an illegal attempt to prevent them from unionizing or organizing.
The National Labor Relations Act and a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission protect employees from hostile work environments, discrimination and unfair labor practices. There are also state and local regulations that employers must follow.
While the federal minimum wage is currently $7.25 per hour, many states and even some cities have higher requirements. Employers can't get around paying the minimum wage by paying with tips or commissions either. "You can't have a commission standard that pays less than federal minimum wage," Weinthal says.