Wage and Hour Violations
Employees have specific rights when it comes to their wages and work hours, and employers must follow both state and federal laws. If you believe your employer is violating these laws, here’s what you need to know:
Overtime Pay:
- Under the Fair Labor Standards Act (FLSA), employees who work over 40 hours in a week must be paid overtime.
- Overtime pay is typically 1.5 times your regular hourly rate.
- If your employer is not paying you for overtime hours worked, you may be entitled to back pay and penalties.
- Common violations include misclassifying employees as exempt from overtime or failing to keep accurate time records.
Minimum Wage:
- Employers are required to pay at least the federal or state minimum wage, whichever is higher.
- In Pennsylvania, the state minimum wage is $7.25 per hour, but many cities and counties may have a higher rate.
- If you're paid less than the minimum wage, you may have a legal claim for underpayment.
- Employers also cannot require you to pay for work-related expenses that reduce your earnings below minimum wage.
If you’re not receiving the proper compensation, an experienced lawyer can help you understand your rights and take action.
Workplace Retaliation
It’s illegal for your employer to retaliate against you for standing up for your rights. Here are some key points to consider:
Protected Activities:
- If you report illegal conduct, file a workers' compensation claim, or complain about discrimination or harassment, these actions are protected by law.
- If your employer takes adverse actions (like demoting, terminating, or reducing your hours), that could be retaliation.
How to Fight Back:
- You may be entitled to compensation for damages caused by retaliation.
- An employment lawyer can help you file a retaliation claim and hold your employer accountable.
Whistleblower Protections
Whistleblowers play an important role in keeping workplaces safe and legal. Here’s what you need to know:
What is Whistleblower Protection?
- Employees who report unsafe working conditions, fraud, or illegal activities are protected under both state and federal whistleblower laws.
- These laws make it illegal for employers to retaliate against employees for reporting violations.
Know Your Rights:
- If you've been retaliated against after reporting a workplace violation, you may have grounds for a whistleblower claim.
- Our attorneys can help protect your rights and ensure you are not penalized for doing the right thing.
If you're facing wage and hour violations, retaliation, or whistleblower retaliation, don't hesitate to reach out to a knowledgeable attorney. They can help you understand your options and take the necessary steps to protect your rights.
Wrongful Termination
Though many workers are “at-will” employees – meaning they can be fired for any legal reason – In Philadelphia employers cannot terminate someone based on race, gender, disability, or any other protected class.
If you believe you have been fired, let go, or laid off unlawfully, Mincey Fitzpatrick Ross can investigate the situation and determine whether there were lawful grounds for termination.
Severance Negotiations
If you have been let go from a job in Pennsylvania, your employer is not technically required to pay you severance under any federal or state laws. The employer is required to pay severance, however, if severance pay was guaranteed in an employment contract you signed when hired.
If you were recently laid off and your employer has offered you a severance package, we encourage you to contact our attorneys before signing anything or accepting the offer. We can help you determine if the offer is good and may even help you negotiate a better severance package.
Family & Medical Leave (FMLA)
Under the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to take unpaid leave from work for family or medical reasons. If your employer has refused to grant you this leave or has replaced you with a new employee during your absence, you may have grounds for a lawsuit. Our employment lawyer in Philadelphia at Mincey Fitzpatrick Ross can help you pursue justice to correct this FMLA violation in Philadelphia.
Frequently Asked Questions (FAQs)
What should I do if I believe I’m not getting paid correctly?
If you suspect you're not being paid correctly, whether it’s overtime, minimum wage, or other wages, start by reviewing your pay stubs and time records. Keep a log of your work hours and compare them to your paycheck. If discrepancies exist, contact an employment lawyer who can help you determine if you have a case for wage theft or other violations.
Can my employer fire me for reporting harassment or discrimination?
No, it is illegal for an employer to fire or retaliate against you for reporting harassment, discrimination, or any other unlawful conduct. If this happens, you may have a claim for wrongful termination or retaliation. Document the incident and consult an attorney as soon as possible to explore your legal options.
What is the difference between a "salaried" and "hourly" employee in terms of overtime?
Salaried employees are generally exempt from overtime pay if they meet certain criteria, such as earning above a specific salary threshold and performing job duties that require specialized knowledge or skills. However, hourly employees are usually entitled to overtime pay for any hours worked over 40 in a workweek, regardless of their job type.
What can I do if my employer refuses to pay my severance after termination?
If your employer has promised severance in an employment contract or through company policy but refuses to pay, you may have grounds to pursue legal action for breach of contract. A lawyer can help you negotiate or take steps to secure the severance pay you are owed.
How can I protect myself as a whistleblower?
Whistleblowers are protected by state and federal laws, but it's important to follow proper procedures when reporting unsafe conditions or illegal activity. Make sure you document your concerns and report them through the appropriate channels. If you experience retaliation for whistleblowing, an employment lawyer can assist in defending your rights and pursuing a legal claim.
What is "wrongful termination" and how do I know if I’ve been wrongfully fired?
Wrongful termination occurs when an employee is fired for illegal reasons, such as discrimination, retaliation, or in violation of an employment contract. If you believe you were fired because of your race, gender, disability, or for reporting misconduct, you may have been wrongfully terminated. Consult with an employment attorney to review your case and determine if legal action is appropriate.
Can my employer change my job duties without my consent?
In most cases, employers have the right to change job duties as long as the changes don't violate your contract, state or federal labor laws, or result in discrimination. However, if the change significantly alters your role or violates agreed-upon terms, you may want to discuss the situation with an attorney.
Need legal help with workplace issues? Contact us at (215) 550-1999 to discuss your case with an experienced attorney.
