Employment

The word “discrimination” is used in many different ways to describe many situations, and not all discrimination is prohibited by law. Only discrimination based on your status as a member of a “protected class” is prohibited by law. A termination, demotion, refusal to hire, etc. that is unfair, unjust, unkind, or unusual is not necessarily unlawful discrimination.

Based upon race, color, creed, religion, national origin, sex, sexual orientation, marital status, disability, public assistance status, gender identity or local human rights commission activity, may all be protected in your state. It is unlawful for any employer to:

• Refuse to hire
• Discharge an employee
• Or discriminate against a person with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment.

An employer may only lawfully deduct money from your wages in certain limited circumstances:

• If you are part of a union that allows for deductions.
• If you are a commissioned salesperson with rules regarding deductions for performance issues.
• If you made a purchase or took out a loan from your employer and agreed in writing to have that amount taken out of your wages.
• If there is a court order requiring that deductions be taken (e.g., creditor judgement against you or child support order).

Your employer cannot deduct from your wages for broken equipment, lost money, or other employer loss issues unless:

• After the loss occurs, you give the employer your voluntary written authorization to deduct from your wages, or;
• You have been found liable for the loss by a court.

If your employer owes you wages, you can file a wage claim with the Labor Standards Unit of your state.

Most states require all employers to pay overtime for all hours worked in excess of 48 hours per week, unless the employee is specifically exempt. Federal law requires some employers to pay overtime to covered, non-exempt employees for all hours worked in excess of 40 hours per work week.

Some employees are exempt from the overtime provisions of the Federal Fair Labor Standards Act (FLSA). Exempt workers are not required to be paid overtime. Common exempt employees include:

• Executive exemptions
• Administrative exemptions
• Professional exemptions
• Salary workers
• Outside salesperson exemptions

As a condition of employment, a company may require that an applicant or employee sign an agreement to not work for a competitor and to not form a competing business during the term of their employment, or for some time period after they depart. The agreement may also provide that the individual not solicit the employer’s customers or employees for some defined term after employment with the employer. While the law varies from state to state, such agreements may be enforceable against former employees and independent contractors if:

• They protect a legitimate interest of the employer
• Are supported by adequate payment to the individual
• Are reasonably limited in geographic scope and time

Our team of experienced employment law attorneys can review your non-compete agreement before you sign, and help protect you from overly broad restrictions.”

Sexual harassment is a form of sex discrimination that violates federal law – Title VII of the Civil Rights Act. Title VII applies to employers of 15 or more employees, including state and local governments. Most laws state that “sexual harassment” includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when:

• Submitting to the conduct or communication is made a term or condition, either explicitly or implicitly, of employment.
• Submitting to or rejecting that conduct or communication by an individual is used as a factor in decisions affecting an individual’s employment.
• That conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, or creating an intimidating, hostile or offensive work environment.

It is sometimes helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism available (e.g. reporting the conduct to a supervisor or the human resources department).

See your state resource page to find out how to submit claims of sexual harassment or sexual discrimination in employment, housing, education or public housing.