HUMAN RESOURCES LAWYERS
Human Resources Lawyers
Human resources (HR) departments must comply with specific regulations that pertain to professionals within the department in addition to labor and employment law. HR employees work with employee wages, hiring and firing employees, payroll, employee benefits, and overtime. Some HR departments also deal with preventing harassment and discrimination along with safety and privacy in the workplace. HR employees must abide by federal, state, and local laws, plus regulatory and statutory authorities, while dealing with company personnel.
Additional HR Duties
HR professionals may also be in charge of creating employee handbooks, establishing affirmative action policies and programs, policies, procedures, compliance audits, government wage and contract laws, plant closing laws, non-competition agreements, confidentiality agreements, unemployment compensation, and substance abuse and drug testing.
You could be discriminated against through any of these activities or policies. An entire group could be affected, e.g., a stricter dress code for women. Individuals suffer from discrimination if they’re receiving lower wages than another person with equal qualifications doing the same job.
The Fair Labor Standards Act (FLSA)
This act is a federal statute that applies to any employee who is employed by a business engaged in the production of goods for commerce or in commerce, or to any employee engaged in interstate commerce. The law provides wage standards such as minimum wage and overtime wages, and prevents child labor. In addition to the federal law, each state has its own Fair Labor Standards Act that dictates minimum wage and other laws to protect employees.
The Equal Employment Opportunity Commission (EEOC)
The EEOC is the agency where your attorney files a complaint about discrimination, whether it concerns sex, race, color, sexual orientation, religion or pregnancy. The laws that are enforced by the EEOC require that you file a discrimination charge with the agency before you file a lawsuit against your employer. The only exception to this is if your complaint falls under the Equal Pay Act.
These complaints are time-sensitive and have deadlines, so retaining a human resources lawyer to help you ensures that your claim is filed properly and on time. While you may have up to 180 days to file a claim, it is always better to file as soon as the discrimination takes place.
Additionally, many states have their own anti-discrimination agencies to enforce state laws. In some cases, federal laws may apply to your circumstances, and you should file a claim with a state fair employment practice agency and the EEOC.
Contact a Human Resources Lawyer
Human resource cases are complicated — retaining the services of an experienced attorney is essential to get a positive outcome with your case. When it comes to fighting against large companies, size matters. With over 500 attorneys nationwide and billions of dollars recovered, Morgan & Morgan has the resources necessary to provide you the best service possible. If you have been discriminated against or you think you may have been, fill out this free case evaluation to discover what Morgan & Morgan can do for you.