Your micro- or small business has been served with a lawsuit or other complaint. Now what? Retain employment counsel to evaluate the claim to give you honest and prudent advice. A vigorous defense is always necessary. Employment disputes are expensive, time consuming and demoralizing. But, they do not have to be this way. Alternative dispute resolutions methods (“ADR”) including mediation and settlement conferences are effective ways to keep the expenditure of time and energy resources to the bare minimum.
We have experience defending and successfully resolving claims brought against micro and small business under the following statutes:
Fair Labor Standards Act (“FLSA”) – Wage and Hour Claims
The Fair Labor Standards Act (“FLSA”) ensures minimum working conditions for employees, including payment of wages, a minimum wage, payroll reporting, overtime pay, and many other protections. Employers are prohibited from contracting out of these provisions and are prosecuted when not in compliance.
Thus, contact us to seek legal assistance if you are owe wages, overtime pay, commissions or other federally legislated minimum employment standards. Equally seek our advice if you have questions about exempt and non-exempt employees and potentially misclassified employees.
Title VII of the Civil Rights Act of 1964 (“Title VII”) – Discrimination on the Basis of Sex, Race, National Origin, Color and Religion
Employers are prohibited from using protected categories as a basis for taking adverse employment actions (such as refusal to hire, suspension, demotion and termination) against employees or applicants. For instance, employers are prohibited from treating employees or potential employees differently or adversely due to their being white or black or Hispanic or any other race or due to the fact that one is a parent or one needs time away from work for child birth or adoption, including several other scenarios.
Most states have enacted legislation to delineate the protected classes; while on the federal sphere, the Equal Employment Opportunity Commission (“EEOC”) is the primary enforcing agency and protected classes include:
- Race, color, religion, sex and national origin, pursuant to Title VII of the Civil Rights Act of 1964.
- Race is also a protected class pursuant to 42 U.S.C. 1981 (Section 1981)
- Pregnancy and breastfeeding under the Pregnancy Discrimination Act (PDA)
Read more information on this topic in our Employment Law Blog, subjects include:
The Law Office of Sheri Oluyemi, LLC has assisted numerous clients with discrimination and harassment claims; it’s what we do. You can read client testimonials here. Each case is unique; consult with Attorney Oluyemi regarding your unique circumstances.
Americans With Disabilities Act (“ADA”) – Discrimination on the Basis of Disability and Pregnancy
The ADA prohibits employers from discriminating against “a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”
Discrimination under the ADA includes an employer’s failure to make “reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee . . . .”. Further, “[a]n employer may not retaliate against an employee for opposing any employment practice made unlawful by the ADA.”
Contact us for a free consultation if you are an employer attempting to become compliant with the ADA.
If your business has been served with a complaint, do not delay, communicate with us immediately.