Even though the terms labor and employment law have some distinctions when it comes to the target group they serve, their practices cover the same areas and and their intention remains unchanged – protecting the interests of the employees and unions.
Employment law is here to regulate the relationship between the employee, as an individual, and the employer. It deals with the employment contracts and any disputes that might happen in the collaboration and at the workplace itself.
On the other hand, labor law is concerned with the employees under unions and employers’ relationships, and it encourages them to act as a group to change the work conditions for the better. It was primarily established to correct the inequalities in bargaining power between employees and employers, and to this day, it is one of the most important and widely acknowledged laws in the U.S.
Now that we clarified which forms these two laws are meant to protect, we will proceed to explain which areas of both collective and individual employees’ aspects they cover. Whether you work under a union or as an individual employee, it is crucial to recognize when the employer took an illegal action intentionally or due to the lack of familiarity with the actual laws and put you in any sort of danger by doing so. Only when you know exactly what you are legally entitled to, you can take the necessary steps and protect yourself and what’s yours, so we suggest you stay with us and see where you stand.
Sometimes it’s not quite obvious whether we were subjected to any sort of discrimination simply because we are not certain what is considered to be one.
Employment discrimination or harassment happens when employees are treated differently than their peers due to their race, national origin, skin color, gender, disability, religion, pregnancy, age, or relationship to another person. Any company that holds a government contract must guarantee their current and future employees that they’ll have the same opportunities as everybody else.
2. Americans with Disabilities Act
Tightly related to the first topic, the Americans with Disabilities Act (ADA) and ADA Amendments Act (ADAAA) prohibit discrimination against employees who have a certain disability. No matter if the disabled person is hired by the private employer, local and state governments, or employment agency, under no circumstances should they be subjected to any form of discrimination and be denied having equal chances for improvement at the workplace. Under this Act, employers are also obliged to create an appropriate working environment where disabled person can perform their job functions without any obstacles.
3. Wrongful Termination
One of the most common issues that employees are faced with is wrongful termination. If the person is fired for reasons that are not related to job performance directly, this sort of termination is considered to be wrongful and therefore, illegal. In case there is an at-will employment contract, neither the employer nor employee needs a reason to terminate employment which means there isn’t any sort of law violation in this case.
Breach of contract, harassment, discrimination, and retaliation are just some of the wrongful termination reasons protected by law.
4. Breach Of Contract Disputes
Contract disputes occur when the employer fails to deliver what was agreed upon in the contract. The breach could be material at which point the contract completely loses its validity, while with the minor breach its core stays unchanged, but in both cases, the employee can take legal action against the employer.
5. Sexual Harassment
This is definitely one of the most delicate issues that a person can be faced with, and as such, it requires immediate action. Whether we are talking about Quid Pro Quo sexual harassment which occurs when a manager or a boss directly requests a sex act from an employee, or Hostile Work Environment category where the overall workplace atmosphere is sexually offensive or demeaning, the employee or employees must react as soon as any of it happens.
In case an employee filed any complaint against the employer, and the other party’s actions were inadequate and punitive, we are witnessing an example of workplace retaliation.
Retaliation as such is prohibited in any case, even if the complaint was groundless, as the employer doesn’t have a legal right to punish the employee in any way. The common examples of retaliation include disciplining, reducing pay, demoting, and so on.
7. Wage and Hour Disputes
It is incredibly frustrating if you as an employee weren’t adequately paid for the work you’ve done, but luckily employment and labor law’s regulations are here to protect you.
If you didn’t receive the predetermined sum when working overtime, or your earnings are less than the minimum wage, you have solid ground for filing a complaint against the employer and getting the payback which is usually counted in thousands of dollars. The same rule applies in case the management takes any share of your tips, or you skip the meals or rest because of the employer’s recklessness.
8. Collective Actions
Fair Labor Standards Act (FLSA) gives employees a right to respond to wage and hour violations. It is not rare that employers don’t follow state employment and labor laws, and therefore violate them to save some money. At this point, a group of employees that was subjected to this can file a wage and hour collective actions lawsuit.
Still, if there is a ground for a collective actions lawsuit that’s related to any other illegal action taken by the employer, the employees are encouraged to file this type of lawsuit if there are factual and legal claims among all the members of the collective. In case it is determined that the group’s rights weren’t violated, it becomes impossible to pursue individual claims regarding the ongoing issue.
Therefore, it is crucial to have a team of experienced lawyers who have in-depth knowledge of employment and labor law. No matter what sort of law violation you’ve experienced, we at the Medrala Law Firm stand at your service. Our determination, highest qualifications, and genuine wish to see our clients relieved once justice is served have made us one of the most trusted and recognized law firms in the state of Nevada.
Contact us today via the online form provided on our website, and we promise to get back to you as soon as possible.