Federal Labor Law Attorney
As a federal employee, you’re entitled to a number of rights within the workplace. If you believe your employer has violated labor laws and taken away some of your rights, reach out to a federal labor lawyer to seek justice.
When you go to work each day, you’re expected to be given basic rights that your company has promised you. These rights include reasonable payment for the work you’re completing, safe working conditions, compensation if you get hurt, and paid leave for medical and family emergencies. If your employer violates labor laws, it’s important to hold them accountable.
Because we spend so much of our time in our work environment, we need to feel safe in the workplace. We also need to trust our employers to treat us with respect. When an employer promises to abide by the labor laws and then fails to do so, filing a complaint is necessary so that, in the future, they don’t continue to treat others with the same indignity.
At Snider & Associates, LLC, we have a thorough understanding of federal labor laws and we want to help you receive the treatment you deserve. If you’ve been mistreated at work, a federal labor law attorney can guide you through the claims process and help you file a lawsuit so that your suffering can hopefully be remedied. Hopefully, you can walk away from the incident with confidence and closure.
Workers Compensation Laws
One of the federal labor laws that protects employees is workers compensation. Work compensation is an insurance benefit that accommodates employees who get injured or sick while on the job. While this is a federal labor law, the policies for workers compensation can vary from state to state. Workers compensation must be applied for, and the benefits can include:
- Coverage of medical expenses
- Compensation for lost wages
- Benefits for dependents of a deceased worker
Laws Related to Wages and Hours
Some of the most common labor law violations come in the form of underpayment of wages and overtime and misclassification of employees. The federal minimum wage is currently $7.25 an hour, with state minimum wages varying throughout the country. Tipped employees also have varying minimum wage requirements.
Overtime pay also varies, depending on whether an employee is considered an hourly employee or a salaried employee. Usually, hourly employees are required to be paid overtime when they’ve exceeded forty hours in one week and they make less than $455 per week.
Misclassification of employees usually happens when an employee is considered to be an independent contractor or a part-time employee but works enough to be a full-time employee. Generally, when an employee works over thirty hours a week, they are considered full-time and must be protected under certain labor laws.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a labor law that allows employees to take an extended period of leave from work in the case of illness, a family member’s illness, birth or adoption of a child, or other family emergencies. While employees won’t get paid for this entire leave period, their job will be protected during this leave of absence. This FMLA law is guaranteed at companies with fifty or more employees.
Unsafe Workplace and Conditions
Usually, complaints about being in an unsafe workplace only happen in specific job industries, such as construction, aviation, the military, or the trucking industry. Jobs that have a high risk for danger will require various safety procedures and policies. When these safety precautions aren’t followed by employers, employees can file complaints.
How to File a Labor Law Violation
Your federal labor lawyer can help investigate your incident to determine if a labor law was violated by your employer. If a complaint is warranted, your attorney can guide you through the correct steps to take. Many of the complaints can be filed through the U.S. Department of Labor’s Wage and Hour Division.
Once you’ve filed a complaint, the Wage and Hour Division will investigate your federal employer if they feel it’s warranted. If they believe a violation has occurred, they can recover back wages and liquidated damages for you or decide if civil money penalties are necessary. The Department of Labor may decide to file a lawsuit on your behalf if the violation is severe.
How to File a Labor Lawsuit
You’re allowed to file a private lawsuit to recover damages for back pay or other penalties if you choose, but if so, the Department of Labor won’t file a lawsuit on your behalf. Speaking with a federal labor law prosecutor about your options is essential, because this will be your key resource in ensuring you receive the maximum amount for the incident.
While the Department of Labor can handle it for you, a private lawyer will be sure to have your best interest at heart from start to finish.
Federal Labor Law FAQ
The legal process can seem intimidating when you’ve never filed a claim before. It’s understandable that you’ll have initial concerns, which is why we’ve answered some commonly asked federal labor law questions below. If you have any further questions, feel free to contact us, and we can provide you with more information.
Is my employer required to give me a meal and rest break?
There’s no federal law that requires meal or rest breaks at work; however, many state laws have stepped in to account for both meals and rest breaks. About half of the states in the U.S. require meal breaks, while the other half do not. Usually, employers won’t pay for the time you take to eat.
Am I required to get vacation pay?
Vacation pay is not required by federal labor laws, but many companies offer this to their employees as a part of their company policy. You’ll need to ask your employer when hiring what the vacation policy is, but it’s important to note that they have the power to change this policy at any time.
Where do I file a safety and health complaint?
While many labor law complaints can be filed through the Wage and Hour Division, safety and health complaints about workplace conditions should be filed through the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). The complaint form can be filled out online, by fax, by email, or on the phone.
Reach Out to a Federal Labor Lawyer
There are a variety of different labor laws that your employer has the potential to violate, and it’s important to be aware of your rights in the workplace. Your employer is required to have a poster in the office somewhere listing your rights, so you can use that to get informed. At Snider & Associates, LLC, an experienced labor attorney can also help you get better acquainted with the federal laws that apply to you.
It’s important that when you catch a violation happening, you take action immediately, because otherwise, the problem can continue to grow. You may not realize how much you’re helping both your employer and other coworkers by filing a complaint. You’re also helping yourself receive the compensation you deserve.
If you’re ready to speak with a federal labor law attorney about your case, you can reach out to us today by filling out the contact form below or by calling 410-653-9060.