Labor and Employment Lawyer

People might encounter injustice in the workplace in a variety of ways. Regretfully, some workers still have to deal with discrimination and unequal pay due to their age, gender, sexual orientation, colour, religion, or handicap. Whatever the cause, you shouldn't put up with this maltreatment by employers; it is intolerable.

Employment Lawyer

Ben Crump is well known for his determination to combat prejudice and injustice anywhere it manifests, even in the workplace. He is prepared to defend your rights at work if you are facing discrimination or are not receiving the compensation you are entitled to.

Find out how Ben Crump can assist you with your labour and employment matter by getting in touch with him right now.

Wage & Hour Violations

Employers can lawfully withhold wages from their workers in a variety of ways. Nonetheless, the Fair Labour and Standards Act forbids wage fraud in any form.

Wage theft examples include:

  • The employer does not pay weekly overtime;
  • The company does not pay the minimum wage;
  • The employer does not reimburse all hours worked;
  • Employer shares non-tipped workers' tips;
  • Worker is incorrectly identified as an independent contractor;
  • Misclassification of the employee as exempt from overtime pay

Wage & Hour Violation Compensation

The exact facts of each case will determine the potential damages an employee can obtain in a wage theft lawsuit. Employees typically go after the pay they are entitled to but were not paid.

Generally speaking, workers have two years from the date of the lawsuit to bring a claim for lost earnings. In the event that the court determines that the employer intentionally violated the law, workers may be eligible to get back pay for a maximum of three years.

Workplace Discrimination

Race, Color, or National Origin Discrimination

Title VII of the Civil Rights Act of 1964 prohibits discrimination in the workplace on the basis of race, colour, or nationality. Employers that hire, dismiss, or set terms, conditions, or privileges of employment based on an employee's race, colour, or national origin are considered to be in violation of the law under those laws.

Employers are also breaking the law if they restrict, segregate, or classify workers or job seekers based on their race, colour, or national origin in a way that would deny them work or negatively impact their employment status.

Employees who are shown to have been the victims of discrimination at work may be entitled to compensation under Title VII, which includes cash compensation, job reinstatement and advancement, pay recovery, and other losses relating to the employment. damages, payment of attorney expenses, and injunctive remedies, which compels an organisation to modify its anti-discrimination policy.

However, within 300 days of the claimed discriminatory behaviour, an employee must submit a formal complaint with the U.S. Equal Employment Opportunity Commission in order to pursue legal action against their company.

The EEOC then decides whether or not the company and employee can come to an agreement. If an agreement cannot be reached, the employee may be granted the right to sue by the EEOC, or the EEOC may file a civil case on the employee's behalf.

Gender Discrimination

Employers are prohibited from withholding pay based on a worker's sex when the worker does substantially equivalent work under the equivalent Pay Act of 1963. It is also illegal to discriminate based on a person's gender when hiring new hires, terminating existing ones, granting promotions, assigning job titles, offering perks, and providing training.

People should be employed, dismissed, and promoted based only on their qualifications, and the sex of a potential or current employee should not be taken into consideration in any of these situations.

Age Discrimination

Employees and job applicants over 40 are shielded from age discrimination under the Age Discrimination in Employment Act of 1967. In particular, the statute forbids:

Refusing to hire; Terminating an employee; Presenting an alternative package, terms, or work arrangement; Restricting, isolating, or categorising a worker in a manner that might adversely impact their employment prospects.

Disability Discrimination

Employers, whether commercial or public, are prohibited from discriminating against a qualified candidate with a handicap under the American with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973.

Among the discriminatory acts are:

  • refusing assistance, benefits, or services that other staff members get;
  • provide alternative assistance, benefits, or services as required;
  • declining to join an advisory or planning board;
  • establishing qualifying standards that, unless absolutely necessary for the job's responsibilities, exclude applicants with impairments;
  • executing activities, services, and programmes that don't address the needs of eligible people with disabilities.

Religious Discrimination

Employers are prohibited from discriminating in hiring, firing, or other aspects of employment on the basis of an individual's religious affiliation or views under Title VII of the Civil Rights Act of 1964. Title VII mandates that employees' religious practices be accommodated unless they impose an unreasonable hardship on the business. Employees are shielded from harassment and discrimination under this provision because of:

Religious Discrimination

  • Being a member of a certain religious organisation;
  • Physical or Cultural Traits: Religiously-related characteristics like speech pattern, accent, or attire;
  • Perception: The mere conviction that a worker or prospective employee belongs to a specific religion;
  • Association: A relationship with an individual or group that practices a specific religion.

Employees who are discovered to have experienced discrimination at work may qualify under Title VII seeking damages, including as reimbursement of attorney fees, pecuniary damages, salary recovery and other employment-related losses, reinstatement and advancement on the job, injunctive relief (which forces a corporation to alter its practices to prohibit discrimination), and other damages.

However, an employee has 300 days from the date of the occurrence to notify the EEOC of the discrimination in order to initiate a case. The EEOC will next decide whether or not the employee and their employer can come to an understanding. If an agreement cannot be reached, the employee may be granted the right to sue by the EEOC, or the EEOC may file a civil case on the employee's behalf.

Employer Retaliation

Regardless of whether you are the victim of wage-and-hour violations or workplace discrimination, it is never acceptable for your employer to take adverse action against you for demanding the care or compensation to which you are lawfully entitled.

Because you cannot lawfully be fired, demoted, harassed, denied a promotion, have your benefits changed, compelled to take an unpaid leave of absence, or have your job assignments changed in retaliation for standing up for your rights, you should never be afraid to speak with your employer about violations or mistreatment.

You may be entitled to extra damages in your initial complaint or be able to file a new action if you are retaliated against for reporting pay violations or discrimination to your employer.

Contact Ben Crump Today

Every individual is treated with the respect and dignity they deserve thanks to the legislation our country has set in place to outlaw wage theft and discrimination in the workplace.

Age, handicap, colour, religion, or sexual orientation should not be grounds for discrimination in the job, and no one should be required to labour for less than their full wage due.

Mr. Crump would like to speak with you if you feel that you are the victim of wage theft or discrimination at work. He could be able to assist you in bringing a case to be paid for the losses you've suffered.

Get in touch with Ben Crump right now to find out more about how he may assist with your matter pertaining to labour and employment.

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