Overtime and Minimum Wage
Unfortunately, overtime violations are quite common. The Fair Labor Standards Act requires employers to pay their non-exempt workers one and one-half times their regular hourly rate when they work more than 40 hours in any one workweek. Whether an employee must be paid overtime depends on many factors including the amount of money that an employee makes and the type of work that they do. While many employers may think that they can simply call an employee salaried and avoid paying overtime, this is often false. The true test of whether an employee is determined by the actual duties that the employee performs. Employees who have been deprived of the pay that they earned may bring lawsuits against employers who improperly withhold the proper payment. The FLSA also protects employees who complain about not receiving their full pay. If an employee is wrongfully terminated or harassed in retaliation for demanding payment to which he or she is legally entitled, that employee may have a right to sue the employer for wrongful termination. If you would like additional information about the subject of overtime pay in Alabama, we invite you to contact an attorney and make an appointment to speak with him about your claim.
The subject of wrongful employment termination is extremely broad and can only be briefly touched upon here. Generally speaking, Alabama law follows the “at-will” employment doctrine. Under this doctrine, an employer generally is free to terminate or demote an employee with or without just cause. However, there are numerous exceptions to this doctrine, many of which are discussed on this website. Some examples include being fired or demoted because of unlawful discrimination, or in retaliation for reporting safety complaints or illegal conduct by the employer. These exceptions permit even an “at-will” employee to bring a legal action against his or her employer for wrongful termination or demotion.
Under state and federal law, even an “at-will” employee may bring a legal action against an employer or supervisor who has sexually harassed that employee. The victim of sexual harassment can be either male or female. Under Alabama law, sexual harassment can include such things as: verbal comments, including epithets, derogatory comments or slurs; or physical conduct, including assault, impeding or blocking movement, or physical interference with normal work or movement; or visual harassment, such as derogatory posters, cartoons, or drawings; or sexual favors, including unwanted sexual advances where sexual favors are asked for in exchange for an employment benefit. “Harassment” because of sex includes sexual harassment, gender harassment and harassment based on pregnancy, childbirth or related medical conditions. In addition to monetary damages, an employee who has been the victim of sexual harassment may also recover reimbursement for attorney fees.
The Family Medical Leave Act protects a worker's right to leave work for long enough to recover from giving birth to a child, provide care to a loved one who is in need of medical assistance, or another similar circumstance. if you have been forced to work, or fired while trying to provide care for a sick loved one or infant contact us today.
Equal Payment Violations
The Equal Pay Act of 1963 mandates employers to give equal pay to men and women for equal equal work. How equal work and equal pay are defined include skills, responsibilities, effort, and more. If you are the victim of receiving less pay than other people based on your gender call us for a free consultation.
Equal Employment Opportunity Commission (EEOC)
The Equal Employment Opportunity Commission is the agency that has made it possible for us to enforce the idea that no person shall be discriminated against by an employer based on their race, color, religion, sex, national origin, age, or disability. If you feel you have had such an experience you need an experienced attorney who is familiar with these statures to defend you in the court of law. Kira Fonteneau is an EEOC lawyer. Some of the more common forms of discrimination include age discrimination and pregnancy discrimination.
We can also help in cases of a whistle-blower needing protection from retaliation.
Work with a Top Employment Discrimination Attorney in Birmingham
Call us for a free consultation today at (404) 383-5720, or contact us online here.