Employers must understand what is legal to respect their employees and operate successfully. As a law firm that practices business and corporate law, Ritter Spencer Cheng PLLC is well-versed in the rules that govern a place of employment. With help from an experienced attorney, business owners can avoid common legal issues in the workplace and maintain a decent corporate reputation. Read below to learn more.
Discrimination and Harassment
At Ritter Spencer Cheng PLLC, we recognize that discrimination and harassment are among employers’ most common legal issues. Discrimination involves unfair treatment based on color, race, sex, sexual orientation, gender identity, national origin, disability, or veteran status. Examples include unequal pay for men and women, refusal to hire certain races, and failure to accommodate disabilities.
Employees who feel discriminated against often file claims with the Equal Employment Opportunity Commission (EEOC) within a specific timeframe. Our employment lawyers are here to help navigate these claims and ensure compliance with employment laws. By following these laws, employers can create fair workplaces and avoid legal issues.
Injury or Illness
The Occupational Safety and Health Administration (OSHA) considers any injury or illness that occurs in a workplace because of a job’s working conditions work-related. If an employee is injured or becomes ill because of work or a work-related situation greatly aggravates an existing condition, the victim can file a claim against their employer to try and receive worker’s compensation.
Common examples of work-related injuries and illnesses include hearing loss, stress-related injuries, overuse injuries, and occupational diseases. Situations that may not qualify for worker’s compensation include
- Injuries that occur when the employee was at the place of business as a member of the public
- Symptoms surface at work but are the result of a non-work incident
- Symptoms arise from a voluntary activity such as a blood drive
- The injury happens due to personal grooming
- The illness is a mental illness
- Several other exceptions
Wrongful Termination
Another common legal issue in the workplace is wrongful termination. To be considered illegal or wrongful, the employer must have fired the employee in violation of the law.
Terminating an employee after creating a hostile work environment or discriminating against that employee, retaliating against a whistle-blower, or a breach of contract when an employee has a contract may be grounds for a wrongful termination lawsuit. Most states, including Texas, are “at-will,” meaning that an employer can fire an employee for any reason or no reason. In other words, Without a contract, employers do not need any cause to terminate an employee as long as there is no unlawful basis for the termination, like discrimination.
Wage and Hour Violations
Under the Fair Labor Standards Act (FLSA), employees working 40 hours a week must receive overtime pay unless the employee is exempt. Workers denied time-and-a-half pay can file a complaint with the Department of Labor’s Wage and Hour Division (WHD). Employers must distinguish between workweeks and pay periods when determining overtime.
Most local government employees are subject to different overtime regulations and receive compensatory timeoff or “comp time.” Not all law enforcement and fire protection personnel qualify for overtime on the same 40-hour week basis. Public hospital employees may be subject to different regulations. Ensuring FLSA compliance helps employers avoid workplace legal issues and ensures employees are treated fairly. An employment lawyer can assist human resources in navigating these requirements.
Employee Benefits and Leave
At Ritter Spencer Cheng PLLC, we assist employers in compliance with federal laws such as the Family and Medical Leave Act (FMLA) and the Employee Retirement Income Security Act (ERISA). Legal issues arise if employers deny leave improperly, fail to maintain health insurance during leave, or mishandle benefits. Our employment lawyers help employers navigate these laws to maintain a fair employment relationship and protect workers’ rights. Ensuring employees are not treated unfairly in these situations helps foster a positive workplace environment and prevent legal disputes.
Employment Contracts and Non-Compete Agreements
Disputes over employment contracts, including non-compete, non-disclosure, and non-solicitation agreements, are common workplace issues. These agreements must be carefully drafted and reasonable in scope to be enforceable. At Ritter Spencer Cheng PLLC, we assist employers in creating clear, fair contracts that protect business interests without unfairly restricting former employees’ ability to find new jobs. This balance is crucial for maintaining a positive employment relationship and adhering to employment law.
Retaliation
Retaliation against employees who engage in protected activities, like filing discrimination complaints or participating in investigations, can be illegal. Our labor and employment attorneys at Ritter Spencer Cheng PLLC help employers understand and follow employment law to avoid actions perceived as retaliatory. Protecting workers from retaliation fosters trust and ensures compliance with employment laws, promoting a fair and legal workplace practice.
Contact Us
Are you facing any of these common legal issues in the workplace? With our business law expertise, the Ritter Spencer Cheng PLLC team understands how important it is for employers and employees to get the justice they deserve. If you need help filing or addressing a claim about a workplace legal issue, contact Ritter Spencer Cheng PLLC.
