Discrimination, Harassment and FLSA Violations
Labor laws, also called employment laws, regulate the relationship between employers and employees. This body of Federal and state labor laws, agency regulations and judicial decisions dictate how employers, employees and their trade unions interact, mainly to prevent discrimination and ensure fair treatment and a safe work environment for employees. They also set forth standards related to minimum wage, overtime pay and other areas related to the compensation of employees across the country.
Employment laws play a crucial role for working Americans in all fields. That is why we at Napoli Bern Ripka Shkolnik, LLP are committed to handling these cases with professionalism and dedication. Our employment lawyers represent employees in a range of legal matters, including wage and hour claims, overtime disputes, workers' compensation matters, sexual harassment cases and discrimination lawsuits. We are experienced in working with union members, who face unique challenges in dealing with these situations. If you would like to learn more, please schedule a free case review with one of our attorneys or continue reviewing the information on this site.
Employment Law Information Center
We have highlighted several of our key practice areas in employment law. You can read the brief descriptions or click on the topics to view information dedicated to that specific topic:
Am I Exempt?
Though the majority of employees are entitled to overtime pay and minimum wage, there are some exceptions. These employees are considered exempt based on such factors as salary, job duties, special education, advanced knowledge and authority. It is an unfortunate truth that a number of employees are misclassified as exempt when they should be entitled to overtime. This portion of our website can help you learn whether you should be considered exempt.
Employees deserve to be treated equally, based on their actual talents and abilities to perform the jobs asked of them. Discrimination occurs when an employee is treated unfairly or differently on the basis of race, nationality, color, gender, age, disability, pregnancy, sexual orientation or religion. Our employment law attorneys represent victims of workplace discrimination, helping them hold their employers or other at-fault parties accountable.
Fair Labor Standards Act
The Fair Labor Standards Act, or FLSA, is a federal law that sets forth specific rules related to minimum wage, overtime pay, hours worked, recordkeeping and child labor. The FLSA applies to the vast majority of employees in the U.S. When this Act is violated, our firm is there to help wronged employees seek back pay, unpaid overtime and the wages they are rightfully owed.
Overtime is one of the least understood areas of employment law for many employees, mainly in regard to an employee's classification as exempt or nonexempt and entitlement to overtime pay. Here, we shed light on common overtime violations and strive to inform employees of their rights so they can seek the pay they deserve.
Sexual harassment can also be described as sexual discrimination, as it is the mistreatment of an employee based upon gender or sexual orientation. Sexual harassment may take on many forms, some of which are not easily recognized as harassment by wronged employees: emails or memos containing sexual innuendoes; improper touching; comments of a sexual nature; demands for sexual favors in exchange for promotions, job assignments or raises; threats of termination if sexual favors are not granted; and retaliation against an employee for reporting or threatening to report sexual harassment.
Wage and Hour Claims
Employees deserve to be properly compensated for the time they work and the duties they perform. Our firm handles wage and hour claims related to unpaid overtime, misclassification of employees, back pay, benefits, hours worked and more, asserting employees' rights under the FLSA and other applicable state and federal laws.
If you have questions you would like answered, we also welcome you to visit our Employment Law FAQ page.
Workplace Injuries & Labor Laws
Employees have the right to expect that their employers will offer a reasonably safe environment in which to work, even though some workplaces or occupations may be inherently dangerous. If you are in an industry such as construction, mining, manufacturing, transportation, fishing, logging or agriculture you may be at an increased risk for workplace injuries. Labor laws ensure employers comply with safety regulations to prevent workplace injuries and illnesses from exposure to toxins in the workplace.
One of the most important labor laws is the Occupational Safety and Health Act of 1970, also known as the OSH Act. The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) administers this labor law by setting mandatory safety standards employers must meet, including standards for safety training and personal protective equipment. The OSH Act also gives OSHA the power to conduct inspections, issue citations and levy fines when employers are in violation of these standards with conditions or practices that pose a threat to employees.
Despite labor laws and regulations meant to prevent workers from getting hurt at work, about 5,000 workers die on the job and thousands more suffer workplace injuries each year. We represent injured workers and their families in workers' compensation, Social Security Disability, FELA and all other related claims and lawsuits, working to help them move on and rebuild their lives.
Working with an Employment Law Attorney at NBRS
There is a wide array of laws that may apply to discrimination, workplace injuries, overtime matters and all other areas of employment. These may vary from state to state and will also be dependent upon the type of work you perform. Our employment lawyers will take the time to explain your legal rights to you. If you have been discriminated against or hurt at work, contact the employment lawyers of Napoli Bern Ripka Shkolnik LLP today for a free consultation.