As an employee, you have certain rights under the law that must be respected by your employer. Unfortunately, most workers are not aware of the full extent of their rights, and do not even know they have legal grounds to fight back when they are unfairly treated by their employer.
Knowing your rights is the first step in protecting them. If you have questions about employment law, our experienced Norfolk employment lawyers at Kalfus & Nachman can answer them for you during a free consultation.
Discrimination and Harassment
Title VII of the Civil Rights Act of 1964 is the main federal law that protects employees from discrimination based on race, sex, religion, or national origin. Title VII also protects employees from sexual harassment and employer retaliation for complaints about discrimination.
Other laws that protect you from discrimination and harassment include:
- The Age Discrimination and Employment Act of 1967 (ADEA) – Protects people ages 40 and above from being discriminated against based on their age. An employer must have 20+ employees for this law to apply.
- The Americans with Disabilities Act of 1990 (ADA) – Prohibits discrimination against people with a disability. It may require employers to provide reasonable accommodation to employees who are qualified to perform a certain job, but cannot because of their disability. An employer must have 15+ employees for this law to apply.
- The Pregnancy Discrimination Act – Prevents employers from treating a female employee differently because of her pregnancy. In the same vein, the Family and Medical Leave Act of 1993 (FMLA) allows employees to take time off and keep their job for up to 12 weeks in order to attend to a family or personal emergency (including the birth of a child).
Wage and Hour Law
Federal employment law requires employers to pay their workers according to their mutual agreement. When an employer does not take this legal obligation seriously and tries to pay you less than you deserve, you have a right to take legal action. If you are hesitant to speak up about wage and hour issues out of fear of retaliation, our experienced employment attorneys can help protect you legally.
Failure to pay overtime is a common way employers deprive workers of the wages they have dutifully earned. Although certain types of employees (such as independent contractors) may be exempt from time-and-a-half overtime pay, many other non-exempt employees never receive the overtime pay they rightfully deserve, or never receive payment for off-the-clock hours.
If you have been injured on-the-job, you are most likely eligible for benefits through workers’ compensation. However, this system can be notoriously difficult to navigate. Many workers have their claims denied, or their benefits minimized for unfair reasons. Having an attorney on your side can make all the difference in the success of your workers’ compensation claim – or your appeal.
Kalfus & Nachman have been representing hard-working people like you for three decades throughout Norfolk, Newport News, and Roanoke, Virginia. If you believe your employer is breaking employment law or cheating you out of fair wages or benefits, please contact Kalfus & Nachman today to schedule a free case evaluation.