What are wage and hour violations?
Wage and hour violations are where the employer fails to pay the employee in accordance with the laws that govern the wages due to an employee and the hours the employee works. For example, such violations can include failing to pay overtime, failing to provide meal periods and rest breaks or failing to give employees days off.
[See also: Compensation]
Am I not entitled to overtime pay if I receive a salary?
Not necessarily. Whether or not you legally are entitled to overtime compensation is based on your job position and responsibilities, not based on whether your employer pays you on a salary or hourly basis.
What does a whistle blower case refer to?
A whistle blower case refers to an employer retaliating against an employee for objecting to, opposing or refusing to engage in illegal conduct, or conduct the employee reasonably believes to be illegal.
For example, if an employee complains to the employer about conduct that the employee believes is employment discrimination and the employer retaliates against the employee by demoting or firing the employee, the employee may have a whistle blower case.
Similarly, if an employee refuses to follow the employer’s order to break the law, such as intentionally over charging clients, and then the employer retaliates against the employee, the employee may have a whistle blower case.
What is sexual harassment?
Sexual harassment is a form of discrimination based upon sex or gender. There are two types of sexual harassment: hostile work environment and quid pro quo.
Hostile work environment occurs when your employer or fellow employees create an intimidating, abusive or offensive work environment through unwanted harassing conduct based on your protected status, such as sex or gender, race, disability, complaint of illegal conduct, etc. Some examples of harassment based on sex or gender may include obscene language, demeaning comments, slurs, threats, unwanted touchings or interference with normal movement, offensive posters, objects, cartoons or drawings, or other patterns of gender-based harassment. Likewise, many other things can create a hostile work environment.
Quid Pro Quo sexual harassment occurs when job benefits or job-related decisions are conditioned on or based on, through words or conduct, complying with a sexual advance or sexual request or other unwanted verbal or physical conduct of a sexual nature by the employer. For example, such harassment can occur where a supervisor threatens to demote an employee or cut her hours, if that employee rejects a sexual advance by the supervisor.
What can I do about sexual harassment?
It depends on why you are being harassed. If you are being harassed because of your race, color, religion, gender, age, national origin, mental disability, physical disability or sexual orientation, or because you complained about illegal conduct at the workplace, then the law may be able to help you.
What do I do if my boss fires or demotes me because I complain about harassment from him or my co-workers?
Employers are not allowed to retaliate for complaints about harassment or any other illegal conduct. The law may be able to help you if your employer has taken action against you for making a good faith complaint about illegal activity you witnessed, were ask to participate in or were exposed to during the course of your employment.
My boss is not harassing me, but my co-workers are. Is there anything that can be done?
Yes. Report any harassment to your boss or human resources immediately. The law makes the company responsible for harassment if the company knew about the harassment or should have known about the harassment and failed to take appropriate corrective action.
What is discrimination?
Discrimination is when a person treats another person differently because of the second person’s race, color, religion, gender, age, national origin, mental disability, physical disability, sexual orientation, or other protected status.
What about employment discrimination?
Employment discrimination occurs when an employer treats an employee less favorably in terms or conditions of employment due to the employee’s race, color, religion, gender, age, national origin, mental disability, physical disability, sexual orientation or pregnancy.
For example, this may include the employer failing to hire or promote the employee, demoting or firing the employee, or paying the employee less than the other employees. Employment discrimination can take on many different forms.
The law prohibits such different treatment provided the different treatment is due to the employee’s race, color, religion, gender, age, national origin mental disability, physical disability or sexual orientation, or other protected class.
Do I have a case?
There are a lot of things that determine whether or not you have a case. If you think you may have a case, or you don’t know, give us a call, and we will be happy to speak with you.
Do you have a case? Find out.
Contact us 888-872-8065
Whistle Blower | Wage Violations | Harassment | Discrimination
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