Have you have been treated differently by your employer because of your race, gender, religion, or membership in any protected class? If so, you have been discriminated against. Does your employer continuously requires you to work additional hours and does not pay you over-time compensation? If so you are entitled to seek payment of those monies plus penalties under Federal and State laws. Our attorneys have effectively represented victims of discrimination and other work-related issues including over-time non-payment, throughout South Florida for over 30 years. While employment laws are designed to protect workers from being treated unfairly; job discrimination continues and claims can be complicated and difficult to prove without expert legal advice.
The Civil Rights Act of 1964, the Americans with Disabilities in Employment Act, and other federal and state laws protect individuals against employment discrimination by employers. Employers are guilty of discrimination if they:
* Discriminate or harass an individual because of race, color, religion, sex, national origin, disability, or age;
* Retaliate against a person (known as a "whistleblower") for filing a discriminatory charge, being part of a discrimination investigation, or opposing discriminatory practices;
* Make decisions on employment based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities;
* Deny employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group is also prohibited.
* Discriminate or harass an individual based on sexual orientation, status as a parent, marital status and political affiliation (these laws have been enacted at the state or municipality levels).
Under the law, employers are required to document personnel actions including: hiring and firing, compensation, assignment, or classification of employees; transfer, promotion, layoff, or recall, job advertisements, recruitment, testing, use of company facilities, training and apprenticeship programs, fringe benefits, equal pay, retirement plans, and disability leave. Employers are also required to post workplace notices advising employees of their rights under the law. These notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.
The Fair Labor Standards Act (FLSA) and Florida Law
Under the Fair Labor Standards Act, an employer is required to pay an employee 1.5 times their hourly wage for every hour the employee works over 40 hours in one week. This is what is commonly referred to as “overtime pay.” Sometimes, employers will try to change the days an employee works in a week to try to avoid paying overtime to that employee. This is also prohibited under the Fair Labor Standards Act. The experienced team at Rosen and Rosen can help you collect unpaid wages for as far back as three years from the date the suit is filed. We can also help you determine whether you are an employee entitled to overtime pay or a minimum wage under the Fair Labor Standards Act. If you believe your employer has not paid you the minimum wage for hours worked above 40 in one week or your have any other dispute regarding pay