Employment Law

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Employment law is a set of legal rules and regulations that govern the relationship between employers and employees. It covers areas such as hiring, wages, discrimination, workplace safety, termination, and employee benefits.

Not hiring an attorney can actually cost you more. Hiring an employment rights attorney is important because they provide expertise in navigating complex employment laws and ensure that your rights are protected. They can help you understand your legal options, represent you in negotiations or lawsuits, and help you receive fair compensation or resolve disputes like wrongful termination, discrimination, harassment, or wage violations. Additionally, an attorney can prevent employers from taking advantage of you and increase the chances of a favorable outcome in your case.

Overtime refers to the additional pay employees receive for working more than the standard 40 hours in a workweek. In most cases, overtime is calculated at 1.5 times the employee’s regular rate of pay for each hour worked over 40.

Employment at-will means that either the employer or the employee can terminate the employment relationship at any time, for any reason, as long as the reason is not illegal (such as discrimination or retaliation), and there is no employment contract that states otherwise.

The minimum wage is the lowest amount an employer is legally required to pay an employee for their work. It varies by state, but the federal minimum wage is currently $7.25 per hour. In Florida, the minimum wage is higher, currently set at $12 per hour (as of 2024), with planned increases.

Yes, you can sue your employer if they violate your legal rights, such as wrongful termination, discrimination, wage theft, harassment, or unsafe working conditions. It’s usually recommended to consult an attorney before filing a lawsuit to ensure you have a valid claim.

Employees have rights under federal and state laws, including the right to fair pay, a safe workplace, freedom from discrimination, and, in some cases, the right to take medical or family leave.

In "at-will" employment states employers can generally fire employees without cause unless it violates anti-discrimination laws or an employment contract.

Wrongful termination occurs when an employee is fired for illegal reasons, such as discrimination, retaliation, or breach of an employment contract.

Under the Fair Labor Standards Act (FLSA), non-exempt employees must receive overtime pay at a rate of 1.5 times their regular pay for hours worked over 40 in a workweek.

Harassment is unwanted conduct based on race, gender, religion, or other protected traits. If you experience harassment, document the behavior and report it to HR or a supervisor.

Employees receive benefits and have taxes withheld by the employer, while independent contractors work on a project basis, manage their own taxes, and typically do not receive benefits.

The FMLA provides eligible employees up to 12 weeks of unpaid leave per year for medical or family reasons, such as the birth of a child or serious health conditions.

Yes, employers can require drug testing as long as it complies with state laws, particularly for safety-sensitive jobs or after workplace accidents.

Discrimination occurs when an employee is treated unfairly based on race, gender, age, religion, disability, or other protected characteristics.

You should follow your company’s complaint process, usually by reporting to HR or a supervisor. You can also file a claim with the Equal Employment Opportunity Commission (EEOC).

You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division or your state labor agency. Keep a record of hours worked and wages received as evidence.

Employers are not legally required to provide severance pay unless it’s stated in an employment contract or company policy.

Workers' compensation provides benefits to employees injured on the job, covering medical expenses and lost wages. You must report your injury and file a claim to receive benefits.

Under the Occupational Safety and Health Act (OSHA), employers must provide a safe working environment. Employees have the right to report unsafe conditions without retaliation.

Report the injury to your employer immediately, seek medical attention, and file a workers’ compensation claim to receive benefits for your injury.

No, the National Labor Relations Act (NLRA) protects employees’ rights to discuss wages and working conditions with coworkers.

Unemployment benefits provide temporary financial assistance to workers who lose their jobs through no fault of their own. You must apply with your state’s unemployment office.

Yes, unless you have an employment contract that states otherwise. Employers can change terms as long as it’s not discriminatory or retaliatory.

File a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor agency. You may also want to consult an employment attorney to explore your legal options.