EMPLOYMENT LAW FAQS
Contents
WHAT IS DISCRIMINATION?
Treating people differently because of who they are is discrimination. It's wrong, and it's usually illegal. Women, blacks, Hispanics, Asians, 50-year-old men, workers with permanent injuries, LGBT, and more may be victimized. Some examples are- failure to hire, paying less, more work, less advancement, cliques, Performance Improvement Plans that lead to discharge, etc.
WHAT IS HARASSMENT?
Harassment has no place on the job, and it's sometimes illegal. Harassment by co-workers and supervisors is common and widespread. Don't just take it! A company is responsible for a hostile work environment on its watch. Sexual harassment, racially-hostile job sites, pushing older workers around, etc. is illegal.
WHAT IS WHISTLEBLOWING?
Whistleblowing" is the honorable work of employees protecting taxpayer dollars from graft and corruption in their own companies. Companies doing business with governments- defense, construction, Medicare, etc- must not take more dollars than they're due. Employees who know and want to do the right thing are whistleblowers.
HOW LONG DOES A CONSULTATION LAST?
It's worth it to me and to you to talk for a few minutes on the phone without an appointment. If it sounds promising, we'll make more time, on the phone or in person.
WHAT INFORMATION DO I NEED FOR THE CONSULTATION?
A good memory or notes, and hopefully a few documents to support your story.
DO YOU REPRESENT LABOR UNIONS?
It's been my honor and privilege to represent working Americans and their unions for nearly 30 years.
WHAT IS WAGE THEFT?
Working off the clock, miss-classifying employees as "independent contractors", taking involuntary deductions from paychecks, and more. Working Americans lose billions of dollars each year due to wage theft.
HOW DO I GET PAID FOR WORKING OFF THE CLOCK?
It's against the law to require employees to work "off the clock", that is, to work without getting paid. Employees can file lawsuits individually or in groups, known as collective or class actions, to recover unpaid wages for the time worked.
CAN AN INDEPENDENT CONTRACTOR GET OVERTIME PAY?
Employees are entitled to overtime pay for hours worked over 40 per week. But independent contractors aren't employees, and so aren't entitled to overtime. BUT, some people who are called "independent contractors" are actually employees. It's not the name, but the type of work, that matters.
HOW CAN I FIND OUT IF I AM ENTITLED TO OVERTIME PAY?
Federal law and some state laws determine whether a worker is entitled to overtime pay. It's best to call a competent employment lawyer for answers.
HOW DO I FIND A CLASS ACTION LAWYER?
Class-action lawsuits have their own rules. Search for CLASS ACTIONS to find competent counsel.