lawyer who specializes in labor laws

What is workplace harassment?

When workers are subjected to slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and abusive work environment.

What is defamation in the workplace?

Defamation is generally defined as the act of damaging the reputation of a person through slanderous (spoken) or libelous (written) comments. When defamation occurs in the workplace, it has the potential to harm team morale, create alienation, or even cause long-term damage to a worker’s career prospects.

What happens if you are fired without cause?

If you believe you may have been fired without proper cause, our labor and employment attorneys may be able to help you recover back pay, unpaid wages, and other forms of compensation.

What are some examples of misclassifications?

Some examples of misclassifications include: Misclassifying a worker as an independent contractor to not have to comply with Equal Employment Opportunity Commission laws, which prevent employment discrimination.

What is wrongful termination?

This is termed wrongful termination, wrongful discharge, or wrongful dismissal. There are many scenarios that may be grounds for a wrongful termination lawsuit, including: Firing an employee out of retaliation. Discrimination.

Do independent contractors have to file taxes?

Independent contractors are not entitled to employee benefits, and must file and withhold their own taxes, as well. However, in recent years, some employers have abused classification by misclassifying bonafide employees as contractors in an attempt to save money and circumvent laws.

What is the minimum wage in 2020?

The Fair Labor Standards Act (FLSA) established certain workers’ rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.

What is an employment lawyer and what are they responsible for?

An employment lawyer, also known as an employment attorney, is a type of law professional who specializes in labor and employment laws. They work with employees to protect their rights and interests, such as during the hiring process or when an employee has experienced workplace violations of their protected rights.

Employment law basics: who is protected by the law and what rights do employees have?

The sad reality is that most employees do not know their rights protected by labor laws, which makes it very easy for employers to violate those protected rights. Thankfully, an employment attorney will dedicate all of their time and attention to ensure your rights are protected.

When should I contact an employment lawyer?

An employment attorney should be contacted when an employee is terminated because of conduct violations like theft or harassment. The law also protects from discrimination (whether based on race, age/sex/sexual orientation, disability) and retaliation for taking time off due to health issues, sickness, etc.

How do I find an employment lawyer?

There are many different ways to find a labor or employment attorney. You could do a simple Google search of employment attorneys in your area or you can use attorney directories. We will discuss the options for employees to find an employment attorney below.

Why you should always get a free consultation before hiring an attorney

Finding the right law firm for your case is very important. You want to find someone you can trust and who will help you get through the legal process as smoothly as possible.

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What do employment lawyers do?

If necessary, employment lawyers represent employers before government administrative boards or by defending them in state and federal courts. Employment lawyers should possess a specific skill set to help them excel in their field. They need excellent writing, research and communication skills.

What is preventative lawyering?

Those who work directly with employers provide preventative lawyering. They advise employers in creating workplace policies and procedures that are in compliance with federal, state, and local employment laws. This helps minimize conflict and lawsuits by their employees.

Why do lawyers change law firms?

It is common for employment lawyers to change law firms in order to advance either with higher pay, more prestige or different job responsibilities. Back to Top.

When did labor rights start?

Labor rights have been developing since the nineteenth century after the Industrial Revolution. Americans today may take these rights for granted. But employment lawyers are experts in the field who seek to uphold them.

What are the benefits of an employee?

Employee benefits like leaves of absence and retirement plans. They may review employment contracts, advise clients about their employment rights while recommending legal action, mediate between employees and employers, and represent clients in court in civil lawsuits against employers.

What is an employee in California?

Employees are individuals who, more often than not, depend on their jobs for their livelihood. Employers are often corporations or other businesses with ample resources at their disposal. Many California employment law firms focus on representing employers who can pay large fees upfront.

How many hours do you have to work to get medical leave?

These family and medical leave laws only apply if: You have worked for your employer for at least (1) year; You have worked for that employer for at least 1,250 hours in the past year; and. Your employer has at least fifty (50) employees working within seventy-five (75) miles of your worksite.

How many hours do you have to work to get a minimum wage in California?

They must also pay overtime (time and a half) to non-exempt employees. This kicks in when you work more than eight (8) hours in a day or forty (40) hours in a week.

What is the California Family and Medical Leave Act?

the California Family Rights Act (CFRA), the federal Family and Medical Leave Act (FMLA), and. Pregnancy Disability Leave under the (CPDA).

What is whistleblowing retaliation?

as a form of whistleblowing retaliation, in violation of the Sarbanes-Oxley Act’s whistleblower protections, because of the employees’ political speech or activities outside of work, or. as retaliation for a qui tam lawsuit. based on a failure to provide reasonable accommodation to a worker with a disability.

Can an employer terminate you for at will?

This means their employer can terminate their employment at any time for almost any reason. But there are exceptions to at-will employment in California law. If your employer fires you in violation of an implied contract or in violation of public policy, you may have the right to compensation.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

What is labor law?

Labor lawyers speciali ze in handling unlawful lay-offs and workplace discriminations. They also negotiate their clients' severance pay. These attorneys usually work with unions, but they are most helpful for non-unionized employees because these are the workers who do not have anyone advocating for their cause.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is IP law?

1. Intellectual Property (IP) Lawyers. Any original creative, scientific, or technical invention which may benefit the public has to be protected ...

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What is a personal injury lawyer?

This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.

What is a consultation in employment law?

Regardless of your situation, a consultation is the first step in any employment dispute. This is your time. During your consultation, you can get legal advice from lawyers experienced in employment law regarding your questions about your rights and responsibilities in the workplace. Not every case requires litigation, and many times, a client may get the answers to his or her questions and concerns during a single consultation, without need for further representation. Let our Florida labor & employment lawyers help you.

How many hours can you work to get overtime?

Under the federal Fair Labor Standards Act (FLSA), non exempt employees are entitled to overtime pay when they work more than 40 hours in a given workweek. For a number of different reasons, calculating overtime pay can be complicated, especially for tipped employees.