LAWYER FOR LABOR AND EMPLOYMENT by Cesar Ornelas
There are many ways that people encounter discrimination in the workplace. LABOR AND EMPLOYMENT According to Cesar Ornelas Unfortunately, today many employees are subject to unfair pay and discrimination in the workplace based on gender, race, or sexual orientation age, religion, or disabilities.
If, however, an employee decides to sue their employer an official complaint has to submit to the U.S. Equal Employment Opportunity Commission within 300 days from the date of the alleged discriminatory action.
The EEOC will then decide if there is a possibility of negotiating an agreement between the employer and the employee. If an agreement cannot be reached then the EEOC could initiate an administrative civil suit on behalf of the employee, or provide the employee by granting a “right to sue” letter.
Pay & Hour Violations
There are many ways employers refuse employees to receive the wages which they legally have. But wage theft is illegal in all its forms in the Fair Labor and Standards Act.
Some examples of wage theft are:
Employer pools tips with other employees.
An employee is incorrectly classified by the IRS as an individual contractor.
The employee is incorrectly classified as being exempt from overtime pay LABOR AND EMPLOYMENT
Compensation for Wage and Hour Violations
The damages that an employee could be able to claim in an instance of wage theft could differ based on the particular circumstances of the case. Most of the time workers seek the wages that they should be paid but weren’t.
In general, employees can bring a lawsuit to recover the wages they lost for at least two years preceding the filing. However, if a court determines that an employer deliberately violated laws, the court could let employees recover damages for up to 3 years.
Workplace Discrimination
Color, Race or National Origin Discrimination
LABOR AND EMPLOYMENT
If, however, an employee decides to sue their employer an official complaint has to submit to the U.S. Equal Employment Opportunity Commission within 300 days from the date of the alleged discriminatory action.
The EEOC will then decide if there is a possibility of negotiating an agreement between the employer and the employee. If an agreement cannot be reached then the EEOC could initiate an administrative civil suit on behalf of the employee, or provide the employee by granting a “right to sue” letter.
If, however, an employee decides to sue their employer an official complaint has to submit to the U.S. Equal Employment Opportunity Commission within 300 days from the date of the alleged discriminatory action.
The EEOC will then decide if there is a possibility of negotiating an agreement between the employer and the employee. If an agreement cannot be reached then the EEOC could initiate an administrative civil suit on behalf of the employee, or provide the employee by granting a “right to sue” letter.
Gender Discrimination
According to Title VII of the Civil Rights Act of 1964 Employers aren’t able to discriminate in the hiring, firing, and other conditions of employment by a person’s religious belief or affiliation. I
Affiliation: Being a part of one particular religious organization;
Cultural or Physical Traits These are traits, like accent and language or clothing associated with religion;
The perception that an employee or job seeker is an individual belonging to a specific religious community;
An association is a connection to an individual or group of a particular faith.
Discrimination acts are:
The denial of any benefit, aid, or service offered to employees of other employees;
Different aids, benefits, or services, unless necessary;
Refusing to be a member of advisory or planning boards;
In establishing eligibility criteria that filter disabled applicants during an application, except for those who are essential to the job’s responsibilities;
Implementing programs, services, or activities that do not satisfy the requirements of people with disabilities.
Age Discrimination
According to the Age Discrimination in Employment Act of 1967, employees and job candidates who are over 40 are exempt from discrimination due to their age. The law specifically is against:
Refusing to hire
Firing;
Offer different compensation or terms of employment. LABOR AND EMPLOYMENT
Segregating, limiting, or the classification of an employee in a manner that could adversely affect the chances of them gaining employment.
Disability Discrimination
Discrimination acts are:
The denial of any benefit, aid, or service offered to employees of other employees;
Different aids, benefits, or services, unless necessary;
Refusing to be a member of advisory or planning boards;
In establishing eligibility criteria that filter disabled applicants during an application, except for those who are essential to the job’s responsibilities;
Implementing programs, services, or activities that do not satisfy the requirements of people with disabilities.
Religious Discrimination
According to Title VII of the Civil Rights Act of 1964 Employers aren’t able to discriminate in the hiring, firing, and other conditions of employment by a person’s religious belief or affiliation. I
Affiliation: Being a part of one particular religious organization;
Cultural or Physical Traits These are traits, like accent and language or clothing associated with religion;
The perception that an employee or job seeker is an individual belonging to a specific religious community;
An association is a connection to an individual or group of a particular faith.
To file a lawsuit, the employee must inform the EEOC of the discrimination within 300 days after the incident. LABOR AND EMPLOYMENT
particular circumstances of the case. Most of the time workers seek the wages that they should be paid but weren’t.
In general, employees can bring a lawsuit to recover the wages they lost for at least two years preceding the filing. However, if a court determines that an employer deliberately violated laws, the court could let employees recover damages for up to 3 years.
Employer Retaliation
No matter if you’re victimized by discrimination at the workplace or in a wage and hour violation, it’s never illegal for your boss to take retaliation against you for seeking the rights to treatment or pay that you are legally entitled to. LABOR AND EMPLOYMENT
So, you shouldn’t be afraid to speak with your employer about the alleged misconduct or abuse as you won’t be legally removed, demotion, or denied a promotion, or harassed or even have your benefits modified or forced into an unpaid leave of absence, or even have your work assignments altered as retaliation to asserting your rights.
If you’re retaliated against for bringing the issue of wage or discrimination to employers. According to Cesar Ornelas you could be eligible to bring a separate suit or receive additional damages to your original lawsuit.
