Focusing on a Proactive Approach to Employment Issues
Lacey Lyons Rezanka handles employment disputes for both companies and employees. They understand the vital importance of addressing employment-related issues in a quick, efficient manner. Our attorneys excel in providing counsel for required employer policies, including, but not limited to, FMLA and disability issues. We strive to help employers put necessary policies in place to avoid employer-employee disputes.
As experienced litigators, we have decades of experience and knowledge relating to workplace investigations and employee training management. We can effectively address any issues that may arise or become a problem in today’s modern workforce.
Employment law is general is a broad legal area that encompasses the employee and employer relationship in its entirety. Employment law encompasses thousands of state and federal statutes, as well as administrative regulations and judicial decisions. These laws are designed to keep employees safe, ensuring they are treated fairly, but laws are also in place to help protect employers’ interests too.
Below are common types of employment and labor law disputes that may arise:
Hiring Practices and Procedures and Discrimination
Federal law prohibits employers from illegally discriminating during the hiring and/or employment process based on someone’s race, national origin, gender, age, pregnancy, disability or religion. Some state and local laws may further specify additional protected classes, such as sexual or political orientation.
Proper Classification of Workers as Employees or Independent Contractors
Having employees and independent contractors misclassified can lead to IRS issues for businesses. The IRS has several categories that independent contractors must meet to be classified as such, or companies could be liable for backed taxes.
Overtime Pay Exemptions and Wage and Hour Violations
Misclassifying employees as exempt when they are non-exempt can lead to overtime pay violations. Additionally, exempt employees that are paid over a certain amount of annual compensation may be exempt from overtime if they serve in executive, administrative or professional roles.
Harassment, Sexual Harassment and Discrimination in the Workplace
Harassment is a type of employment discrimination that explicitly violates the following: Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1990. Harassment is any form of unwelcome conduct based on race, color, religion, sex, pregnancy, national origin, age, disability or genetic information.
Leaves of Absence
Under the Family and Medical Leave Act, eligible employees that work for eligible employers may take an extended leave of absence from their work for pregnancy, sick days, family illness, maternity or paternity leave, adoption leave and bereavement, for example.
Employee Discipline, Termination and Wrongful Termination
There are no federal requirements about how to terminate employees. Still, some terminations may be subject to the government Worker Adjustment and Retraining Notification Act, which depends on the size of the company, the reason for the termination or layoff and the total number of employees that are affected. This act provides guidelines and processes for employers to follow if businesses are facing closures or slowdowns. It is important to note that wrongful termination is when an employer breaches the employment contract with the employee.
Breach of Employment Contract Terms
An employment contract is a legally binding agreement between an employer and an employee. A violation of this contract occurs when the employer or the employee breaks the terms, such as an employer not paying the agreed-upon wages, or an employee not working the agreed-upon hours.
Equal Pay Violations
The Equal Pay Act makes it illegal for employers to discriminate based on sex when it comes to employees’ pay or benefits.
Workplace retaliation is when an employer seeks to punish an employee for participating or engaging in a legally protected activity. Retaliation can include discipline, demotion, salary reduction, job or shift reassignment.
Contact Lacey Lyons Rezanka For Employment and Labor Law Legal Issues in Brevard County
If you’re a business or an employee facing any of the aforementioned employment or labor law violations or if you have any other employment-related concerns, contact us to schedule a legal consultation.