Employment Law, Labor Law, Unpaid Overtime, Harassment

Employment laws and labor laws protect employee's rights. Employment laws cover hours worked, minimum wages, benefits, overtime pay, mandatory meal and rest breaks, harassment laws and laws against discrimination. There are both federal laws and state laws that protect the rights of workers. Employment lawsuits can be filed in situations where employers or managers violate employment laws.

Quick-Links to important Employment sections on this page:

• State Employment Law
• Fair Labor Standards Act (FLSA)
• Family Medical Leave Act (FMLA)
• Occupational Safety and Health Act (OSHA)
• Unpaid Overtime
• Wrongful Termination
• Workers' Compensation
• Employee Benefits and ERISA
• Social Security Disability Insurance
• Workplace Discrimination
• Occupational Disease
• Jones Act Maritime Law

 

Employment Law Overview

If you have suffered an employment violation, you can take the necessary actions with the help of an employment lawyer. Employment law can be complicated and the laws vary depending on where and when you file your claim; It is important that you find an experienced attorney to assess your case and determine whether it is applicable to go forward with your claim.

LawyersandSettlements makes it easy for you to find the right employment lawyer. We work with attorneys throughout the US and Canada who practice in this specialized area. As well, LawyersandSettlements.com provides comprehensive employment news coverage that aims to keep the public informed. We also provide an online legal news source that includes interviews with employment attorneys.

State Employment Law

Each state has its own laws regarding state Minimum Wage Laws. Some states, such as California, have more stringent employment laws than others. Raise the Wage Act of 2021 would gradually increase the federal minimum wage from $7.25 to $15 by 2025.

If you have suffered an employment violation, you can take the necessary actions with the help of a labor lawyer. Labor law can be complicated and the laws vary depending on where and when you file your claim; It is important that you find an experienced attorney to assess your case and determine whether it is applicable to go forward with your claim.

As of January 1, 2021 (unless otherwise indicated)

California Labor Law
California labor law differs from other state labor law, particularly regarding overtime pay. In California, employees who are not exempt from overtime pay are entitled to one-and-one-half times their regular hourly wage for hours worked in excess of eight in one day. Non-exempt California workers are further entitled to two times their regular hourly wage for working more than 12 hours in one day.

California also has separate overtime pay laws for people who work in the computer software industry and for those who are commissioned employees.

Colorado
Colorado's minimum wage is $12.32 per hour. The Colorado Department of Labor and Employment has also increased minimum wage for tipped employees to $9.30 per hour. No more than $3.02 per hour in tip income may be used to offset the minimum wage of tipped employees.

Florida
Florida's minimum wage increased from $8.56 per hour to $8.65 per hour. The direct minimum wage for tipped employees is $5.63 per hour. Allowances are provided for employees who must maintain their uniforms.

Georgia
In Georgia the minimum wage is still $5.15 per hour, which is less than the federal minimum wage. As a result, many employees in Georgia are entitled to the federal minimum wage of $7.25 per hour. Certain employees who are under the age of 20 and are in their first 90 days of employment can be paid $4.25 an hour.

Illinois
The minimum wage in Illinois is $10.00 an hour.. Chicago's minimum wage is $14.00 per hour (a lower rate applies to certain small businesses) and Cook County's minimum wage is $13.00 per hour. These minimum wage rates will increase on July 1, 2021 to $15 per hour. After that, it will rise annually with the consumer price index. For tipped workers, sub-minimum wages will increased to $ $9 per hour in 2021. Tipped wages will also increase annually after 2021, to remain at 60 percent of the minimum wage.

Maryland
Maryland's minimum wage is $11.75. and $11.60 with employers with 14 or fewer employees. Tipped employees can be paid a minimum of $3.63 per hour. Tipped Employees Tipped Employees (earning more than $30 per month in tips) must earn the State Minimum Wage Rate per hour. Employers must pay at least $3.63 per hour. This amount plus tips must equal at least the State Minimum Wage Rate.

Massachusetts
Under Massachusetts law, employees must be paid $13.50 minimum unless they are tipped. Tipped employees can be paid a minimum of $5.55 per hour if their tips and hourly wages work out to state minimum wage.

Michigan
Michigan law provides a minimum wage for most employees of $9.65 per hour. Tipped employees can make 38 percent of the minimum wage, provided their tips and hourly pay equal minimum wage. Minors aged 16 or 17 years can be paid 85 percent of the minimum wage, so the rate for minors age 16 and 17 remains $8.20 an hour while new employees ages 16 to 19 can receive a training wage that equals $4.25 for the first 90 days of employment. Tipped employees rates of pay remains $3.67 an hour.

Minnesota
In Minnesota, minimum wage rate is $10.08 an hour for large employers and $8.21 an hour for other state minimum wages. Small employers must pay at least $8.21 an hour when the employer's annual gross revenues are less than $500,000.

Nevada
The minimum wage in Nevada is $9.75 an hour. Employers who provide health benefits must pay a minimum wage of $8.00 an hour. Employers must also provide rest periods of 10 minutes each for every 3.5 hours of continuous work.

New Jersey
As of January 1, 2021, the minimum wage in New Jersey is $12.00 per hour. Employers can pay tipped employees any wage, so long as the hourly pay plus tips equals the state minimum wage.

New York Labor Law
In New York the minimum wage is $12.50 per hour. However,, minimum wage rates vary depending on location, employer size, and type of employer. For instance, in New York City, the minimum wage for businesses (11 employees or more) is $15.00 per hour. Fast food workers will see an increase from $14.50 per hour to $15 per hour as of July 1, 2021. New York City is already $15 per hour.

North Carolina
Minimum wage in North Carolina is still $7.25 an hour. It was last changed in 2008, when raised $0.70 from $6.55 to $7.25. Tipped employees may be paid less, as long as their tips and wages equal at least the minimum wage.

Ohio
Ohio's minimum wage is $8..80 an hour for non-tipped employees and $4.40 an hour for tipped employees.

Oregon
As of July 1, 2021 the minimum wage in Oregon will be $12.75 an hour and $13.50 per hour by July 2022. In Portland Metro, the July 2021 rate of $14.00 will rise to $14.75 the following year. For non-urban counties, the minimum wage is $12.00 an hour.

Pennsylvania
Pennsylvania's minimum wage is still $7.25 an hour.

Texas
The minimum wage in Texas was set in 2009 and is $7.25 an hour. The weekly minimum wage in Texas comes is $290 / 40-hours a week.

Washington
In the state of Washington, the minimum wage is $13.69 per hour. In Seattle, the minimum wage is $16.69 an hour for most workers, but can be $15.00/hour, depending on what company you work for and how you’re paid. The state minimum wage applies to workers age 16 and older.

Wisconsin
In Wisconsin the minimum wage for opportunity employees (those who are under the age of 20 and are in their first 90 days of employment) is $7.25. For tipped opportunity employees, the minimum wage is $2.33 per hour. Individuals under the age of 20 may be paid the "opportunity wage" of $5.90 per hour during their first 90 consecutive calendar days of employment with an employer. After 90 consecutive calendar days, or the employee reaches 20 years of age, whichever comes first, the employee must receive the minimum wage rate.

FEDERAL LAWS

There are several federal laws that protect the rights of workers. These include the Fair Labor Standards Act (FLSA), the Family Medical Leave Act (FMLA), the Occupational Safety and Health Act (OSHA) and the Employee Retirement Income Security Act (ERISA).
 

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is a federal law that covers employee wages and hours worked, including overtime hours and overtime wages. Under the FLSA, some workers can be exempted from overtime pay. However, those workers must fit the criteria the FLSA sets out for exemption. In cases where both the FLSA and state law apply, the law setting the stricter standards must be observed.

Under the FLSA, the federal minimum wage is $7.25 an hour – it hasn’t changed since 2009. Non-exempt employees must receive one-and-one-half times their regular pay for hours worked over 40 in a workweek. To be exempt from overtime pay, employees must meet requirements for salary level, salary basis, and duties. Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.

On January 6, 2021, the U.S. Department of Labor announced a final rule clarifying the standard for employee versus independent contractor under the Fair Labor Standards Act (FLSA).

The FLSA also requires employers to keep accurate employee time and pay records.

Family Medical Leave Act (FMLA)

The Family Medical Leave Act requires covered employers to allow eligible employees to take up to 12 weeks of unpaid leave for a number of reasons, including the birth and care of the employee's newborn child, care for a child after adoption or foster care placement, care for a spouse with a serious health condition and care for a child or parent with a serious health condition. Employees may also take time for a serious health condition that affects their ability to work.

Occupational Safety and Health Act (OSHA)

The Occupational Safety and Health Act ensures that employees work in an environment that is free from recognized hazards. This means preventing work-related injuries, illnesses and deaths by enforcing regulations related to workplace safety and health.

Employee Benefits and ERISA

The Employee Retirement Income Security Act (ERISA) is a federal law designed to protect employee benefits plans, including pension plans and health plans, set up by private business. Laws set out by ERISA cover employee stock options, 401(k) plans, other benefit plans and health plans. Employers who set up these plans have a duty to act in the best interests of plan participants and to provide those participants with accurate information about the plans.

UNPAID OVERTIME

Federal law generally requires that employees who work more than 40 hours in a week be paid one-and-one-half times their regular hourly wage. However, this overtime pay is generally applicable to employees who are not considered exempt. Some employers try to get out of paying overtime pay by classifying their employees as executive, managerial or administrative. There are duties tests that can determine whether or not a person has been misclassified as exempt from overtime pay.

Employees who tend to be misclassified as exempt from overtime pay often have job titles that involve management, IT professional designations or computer programmer designations.

WRONGFUL TERMINATION

Although many states are "at-will employment" states, meaning that an employee can be fired without cause at any time or can end his working relationship without cause at any time, there are still ways that employers can commit wrongful termination. It is illegal for an employee to be fired for discriminatory reasons, including because of race, sex, religion, disability or age. It is also illegal to fire an employee in retaliation for being a whistleblower.

WORKERS' COMPENSATION

Workers' Compensation involves workplace injury claims, wrongful death claims, denied compensation claims and claims for loss of wages, rehabilitation and medical compensation. Workers' compensation laws vary from state to state. Furthermore, there may be strict deadlines regarding filing claims.

SOCIAL SECURITY DISABILITY INSURANCE

Social Security Disability Insurance is a federal program designed to provide assistance to people who are disabled or unable to work. The process of filing for social security benefits can be complex and intimidating. Furthermore, if a claim is denied, the claimant can appeal the decision or file a suit in federal court. Individuals in social security insurance trials have the right to have an attorney represent them.

WORKPLACE DISCRIMINATION

Discrimination is the unfair treatment of a person or group of people based on any of the federally protected characteristics. It is illegal to discriminate against employees or potential employees on the basis of age, sex, mental or physical disability, race and national origin, religion and/or sexual orientation. Workplace discrimination can take the form of not hiring or promoting certain groups of people or unfairly terminating their jobs.

If you have suffered employment discrimination, you can take the necessary actions with the help of an employment discrimination attorney. Employment discrimination law can be complicated and the laws vary depending on where and when you file your claim; It is important that you find an experienced attorney to assess your case and determine whether it is applicable to go forward with your claim.

LawyersandSettlements makes it easy for you to find the right employment discrimination attorney. We work with attorneys throughout the US and Canada who practice in this specialized area. As well, LawyersandSettlements.com provides comprehensive employment discrimination news coverage that aims to keep the public informed. We also provide an online legal news source that includes interviews with employment discrimination attorneys.

OCCUPATIONAL DISEASE

Some employees are subjected to conditions at work that compromise their health. These include exposure to asbestos, which can cause mesothelioma. . In some cases, the illness may not show up for years after the employee was last exposed to the toxin. However, some lawsuits have shown that even years later, an employer can still be held responsible for not providing proper safety gear to protect employees from toxins and workplace illness. Many lawsuits have been filed by agricultural workers and gardeners claiming Bayer/Monstanto’s Roundup weedkiller causes cancer.

JONES ACT MARITIME LAW

People who work on the seas are protected by a law known as the Jones Act.  The Jones Act applies to vessel operators and marine employers whose employees suffer a work-related injury or death. The Act allows injured parties, or their beneficiaries, to seek compensation for past and future economic and non-economic losses.

Nationwide, our lawyers have helped thousands of persons and families win employment law cases.

YOUR EMPLOYMENT LAW CASE

Our lawyers have helped thousands of people win employment law cases.

LawyersandSettlements makes it easy for you because we work with attorneys throughout the US and Canada who specialize in employment law cases. As well, LawyersandSettlements.com provides comprehensive news coverage about employment law cases that aim to keep the public informed. We also provide an online legal news source that includes interviews with attorneys who discuss their employment law cases.