Employment Law Blog
Mar 20, 2020
| By Ottinger Employment Lawyers
| Read Time: 13 minutes
If you are reading this, it’s probably because you’re facing a work-related problem. Maybe you’re worried that you’ve been discriminated against in the hiring process because of your race, gender, sexual orientation, or disability. Maybe there’s a problem with the way your company has been treating you, how much they’ve been paying you, or how many hours they ask you to work. Maybe you’ve just lost your job, and the reason doesn’t seem fair. This guide is designed to help you access the information you need to understand your employment rights and protections under the United States’ employment laws. In our opinion, the best kind of legal advice addresses problems before they get out of hand, keeping people in their jobs and out of the courtroom. We hope this guide will give you the legal know-how necessary to resolve your workplace problems without too much fuss. That said, we understand that some work-related issues cannot be resolved without help from legal professionals. If that’s your situation, we hope that this guide will help you understand how you can use the law to protect your rights and defend your interests. Employment law sets mediates relationship between companies and their workers. There are many different aspects to this relationship and, unfortunately, many different ways it can go wrong. Click on the links below to find about more about your rights and protections in each area of employment. Employment At Will and Why You Have No Right to Your Job Many employees believe that the law protects them from being fired without notice or without reason. Unfortunately, most employees are employed “at-will” meaning that they do not have the benefits of such protections. If you are employed at-will (and most employees are), your employer can terminate you without cause, without notice, and at any time. On the other hand, you also have the right to quit at any time, without giving a reason. Generally, unless your employer has specified that you are not at-will, the law presumes that you are. At-will employment is the rule, not the exception to it. This can be discouraging news for employees who have just been laid off without explanation or without notice. The good news is that even at-will employers do not have the right to fire their employees for illegal reasons (such as due to discrimination, or in retaliation). If you believe your employer may have illegally fired you, please contact an attorney to discuss your options. At-Will Employment (New York) At-Will Employment (San Francisco) For more information on at-will employment, including how to determine if you are not an at-will employee, please see these articles, or watch the video linked below: Fired at Will – You Can Be Fired for any Reason Employment Rights – Pay and Hours We all work for at least one reason — to get paid. However, a lot of us don’t understand the laws that regulate our wages and the hours we work. So, where do these regulations come from? The Fair Labor Standards Act, or FLSA, is the backbone of your right to fair pay for the hours that you work. The FLSA is a federal law, so it applies nationwide. This law establishes: the 40 hour week, the rules for overtime pay, the minimum wage, restrictions on child labor, equal pay for equal work done by a man or woman, and the standards for pay for time off work. State and local laws may provide greater degrees of protection, but the FLSA sets the minimum standard across the country. These protections have some restrictions — such as on who qualifies for overtime pay or who qualifies as an “employee” (versus an independent contractor) — and we have elaborated on those questions on our practice area pages (linked below). As always, if you have specific or detailed concerns about your particular situation, please don’t hesitate to contact an attorney for a free consultation to discuss your options. Explore these articles to learn more: Minimum Wage in San Francisco Overtime in New York Employment Rights – Discrimination Federal law prohibits employers from discriminating against their employees on the basis of things like race, national origin, sex, disability, etc. State laws frequently provide additional or more specific protections. For example, in California and New York, state law stipulates that employers cannot discriminate against people for being married or unmarried, or on the basis of their involvement with the military. Unfortunately, discrimination still happens despite the existence of these laws. So what is discrimination? It can manifest itself in a number of different ways, but, basically, it includes any action that adversely impacts an employee or a job candidate — such as firing, denying a promotion, or refusing to hire someone — and is also prejudicial or biased in motivation. Sometimes, discrimination is fairly obvious. At other times, discrimination can be subtle and unintentional; your employer may not realize that you are being impacted. Either way, you have the right to pursue legal options to address the discrimination. For more information on discrimination and your legal protections, please see this article: Workplace Discrimination in New York and San Francisco Employment Rights – Family and Medical Leave Life happens, and sometimes you need to take time away from work to deal with the ups and downs that life brings. The Family and Medical Leave Act (or FMLA) is federal legislation that provides you with the right to take time off work for the family health issues, births, and adoptions that shape the lives of workers. This section explains when you are entitled to a leave of absence, what protections you have while on leave, and what to do if your employer does not uphold your rights. What events entitle you to family or medical leave? There are two situations when you are eligible for leave under the FMLA: When welcoming a new member to the family through a birth, adoption, or foster placement; and When you or a family member are facing serious health problems. Medical leave […]
Continue Reading