Labor And Employment Law

Labor and Employment rights are effecting every individual in each society and one the pillars of human rights is right to work. Other aspects of work related issues such as gender equality and discriminations are among the important areas of law for the office of Herischi and Associates. Employment law covers a complex body of law, which encompasses both federal and state regulations. These regulations establish how employers must treat their employees in the work place. The Fair Labor Standards Act (FLSA) regulates how employers classify their employees, wage/ overtime standards, and minimum pay rates. 


Have you been misclassified as an employee?

Misclassification of employees by their employers is one of the most serious problems facing the workforce. Misclassified employees are denied critical benefits and protections they are entitled, such as overtime compensation, family and medical leave, unemployment insurance and workers’ compensation funds. 

Have you been wrongfully denied your overtime pay?
FLSA requires employers to keep accurate and complete records of employee hours and wages. An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the FLSA must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. 
Some employers label their employees “salaried” workers in an effort to exclude them from overtime pay. Regardless of your job title, the FLSA determines who is eligible for overtime pay based on their specific job  
You are likely entitled to overtime unless:

• You supervise two or more employees
• Spend the majority of your day managing the business, division, or operations.
• Are in a professional role that requires an advanced degree beyond a four year college degree
Have you been denied minimum wage?
Under the regulations set forth by federal law, employers are required to pay their employees $7.25 per hour. It is important to remember many states also have minimum wage laws. In cases where the employer is subject to both state and federal minimum wage law, the employer must pay the higher of the two wages. 


Discrimination in the Workplace
There are a host of federal laws that protect employees against discrimination in the workplace. These laws protect wrongfully terminated employees. Federal law also protects employees against more subtitle forms of discrimination such as failure to hire, promote, and compensate fairly.

What are some key federal anti-discrimination laws?

Title VII of the Civil Rights Act of 1964
• This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. 
• The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. 
• The law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices.


The Equal Pay Act
• This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. 
• The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The Americans with Disabilities Act
• This law makes it illegal to discriminate against a qualified person with a disability.
• The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. 
• The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee. 

The Age Discrimination Act
• This law protects people who are 40 or older from discrimination because of age. 
• The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination lawsuit.

Wrongful Termination Claims
Wrongful termination claims arise when an employer has fired an employee in violation of their legal right. At the center of most wrongful termination claims is the “at will” doctrine. Most employment in the United States is considered at will. An employer can terminate an employee at any time, for a reason, and without cause. Wrongful termination claims will examine whether or not the employer was free to let the employee go or whether termination was contrary to a contract between the parties.

Employees who have been victims of workplace discrimination or wrongfully terminated may be entitled to:

• Back pay for lost wages and benefits
• Front pay for future earnings
• Compensation for pain and suffering
• Award of monies designed to punish your employer for the wrongdoing 
• Injunctive relief 
• Litigation costs 
• Attorney’s Fees


Whistleblower Litigation
These claims usually involve an employee who believes someone in their company or the company itself is defrauding the federal government and wishes to out this wrongdoing. This usually involves claims of illegal activity such as tax fraud, shareholder fraud, and bribery. Whistleblowers are those individuals who report this wrongdoing. The federal government through acts of congress protects whistleblowers.

What legal protections are available to whistleblowers?
• Back pay for lost wages and benefits
• Front pay for future earnings
• Pay for harm, suffering, and damage to your reputation
• Award of monies designed to punish your employer for wrongdoing 


Why our firm?

The attorneys at Herischi and Associates represent numerous clients in both the private and public sector, who have suffered workplace violations. Our firm has extensive experience representing single-plaintiff and class actions matters before state and federal court. The experienced attorneys at our firm have a proven record of fighting for our clients’ rights. Our attorneys will negotiate on your behalf and represent you through the litigation process to ensure you receive just compensation for the workplace harm you have suffered.