Getting the Pay You Deserve

Everyone knows about overtime. If you work more than 40 hours, you get overtime, right? Not necessarily. There are a lot of exceptions to overtime rules. In general, however, federal law offers some solid protections. Here is a brief look at the ways federal labor laws protect your wages.

Under the Fair Labor Standards Act (FLSA), workers have a right to be paid for their work. Below are just a few of the specific details. Remember, though, labor laws do not apply to all workers equally, and they do not apply to all industries. There are a lot of exceptions that are just too specific to discuss here. So, if you suspect your employer is breaking the rules, talk to a Birmingham wage and overtime lawyer right away.

Minimum Wage

Federal law requires that employees not be paid less than minimum wage. Currently $7.25 is the federal minimum wage.  Most states have a minimum wage that exceeds the federal standard. You can compare state minimum wage to see how your state stacks up.  In those locations, workers must be paid the higher amount. Alabama does not have a minimum wage.

Consider that according to a U.S. Inflation Calculator, inflation has increased by about 14.3% since 2009. Alabama’s minimum wage has remained the same.

Overtime

Federal law also requires that certain classes of workers must receive ‘time and a half’ for any work over 40 hours in a given seven-day period. The rule can be a bit complicated, so you can also visit the Department of Labor to read more. In general, though, there is no requirement to pay overtime simply due to weekends, nightshifts, or holidays, unless it exceeds the 40-hour rule.

Hours Worked

Sometimes employers get sneaky to get around overtime rules. They may try to get employees to perform ‘administrative’ tasks or log off for required breaks. Others may require workers to do a host of preparatory tasks, such as maintenance or clean up duties, all off the clock. The Department of Labor offers a simple FACT SHEET to help you better understand the nuance behind the rules. Of course, the best way to know if your employer is violating your rights is to talk to a local Birmingham employment attorney.

Recordkeeping

Imagine trying to prove your employer has been withholding money for years, including overtime pay.  You claim the company makes you spend 30 minutes before and after your shift doing various tasks that are not compensated. You and your attorney determine that this is a violation of the law, and you wish to make a claim for your lost income. It would be easy for the employer to simply lie and say there is no record of your hours. To prevent this, FLSA requires employers to maintain accurate records of hours worked and wages paid.

Child Labor Protections

As of the year 1900, 18% of American workers were under 18, according a story by the History Channel. Many children were starved, worked long hours, and used to extremely dangerous, yet low-paid work. In 1938, with the passage of FLSA, strict compliance rules were put in place to prevent this.

Today, children under 14 may only work in limited jobs, such as newspaper delivery and periodic babysitting. At 14 or 15, a teenager can work a little more, but no more than three hours on a school day. The law allows gradually more work as a child gets older. For detailed resources, the Department of Labor maintains a special website to help children, their families, and employers to make sure they are in compliance.

Get Answers Today

It would be impossible to discuss here all the potential scenarios that could lead to wage violations. The easiest and most accurate way to address a potential problem with an employer is to contact an experienced attorney who understands the applicable state and federal laws in detail. Contact Fonteneau & Arnold, LLC today to discuss your situation and get real answers now.

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Five Common Sexual Harassment Myths Busted

2017 ushered in what some are calling a new era of gender inequality awareness. With numerous celebrity sex scandals and stories of abuse and harassment of all types, social media and the mainstream news are full of stories about people in positions of power abusing their authority.

Sadly, there is a lot of misinformation out there when it comes to sexual harassment and what it truly means. There are state and federal laws that set the standards for workplace behavior. According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is a form of discrimination based on sex. While this may seem clear, there are some big myths that need to be addressed.

Myth #1: Women do Not Sexually Harass Workers

Busted! 

The truth is anyone can be a victim, and anyone can be the harasser. Men harass other men, women harass men, women harass other women. Bad behavior knows no gender limits. While we certainly hear more about men in positions of power sexually harassing female subordinates, the EEOC focuses on facts, not the gender of the victim or the accused.

Myth #2: It is Only Sexual Harassment if the Harasser is in Charge

Busted!

Title VII of The Civil Rights Act of 1964 acknowledges two basic forms of sexual harassment. On one hand, a person can commit the offense of harassment by creating a quid pro quo (“This for that” in Latin). This is the type of harassment most people think of when they imagine a typical harassment case. It is where the harasser makes the victim aware that the only way to obtain a job, promotion, more money, or some other benefit or privilege would be to succumb to sexual advances in some way. Yes, this is definitely a form of harassment based on sex.

However, harassment can also be as simple as creating a work environment where the conduct interferes or disrupts work or where it is intimidating or hostile in some way. The EEOC has found sexual harassment in situations where workers posted pornographic materials or used offensive language near other employees, and even after being made aware that it was not acceptable, the conduct continued.

Myth #3: Once the Victim Consents to Behavior, it can Not be Harassment

Busted!

While it is indeed true that behavior only rises to the level of harassment if someone finds it hostile or unwelcome, consenting to advances is not a permanent decision. For instance, consider a person who expresses interest in a co-worker, and that co-worker expresses a mutual interest. In general, this is not harassment.

If, however, that person later changes his or her mind and expresses a desire to discontinue the sexual or intimate nature of the relationship, then further advances would likely be considered harassment. Ultimately, the point is to look at whether the behavior is welcome or whether a reasonable person would consider it offensive or hostile. Remember, you always have the right to change your mind about participating in a relationship with another person.

Myth #4: People Who Claim Harassment are Just Looking for Money

Busted!

While less than half of all claims succeed before the EEOC, this is not because they are false or made-up. Rather, many people fail to hire an attorney or they do not know how to present the proof necessary to succeed. On the contrary, as The Guardian reports, about 75% of victims do not even report the behavior. The truth is, harassment happens a lot, and you should not be afraid to talk to a lawyer to get advice if it is happening to you.

Myth #5: The Company is Only Responsible for Employees

Busted!

Actually, a company can be held responsible for the conduct of vendors, contractors, subcontractors, and other related entities who are permitted to create a hostile working environment for employees.

Talk to a Local Birmingham Sexual Harassment Lawyer

If you are the victim of sexual harassment, your trust is broken. Perhaps you feel betrayed. It is hard to know who to trust. The attorneys Fonteneau & Arnold, LLC have decades of experience handling sensitive and challenging legal problems for their clients. Call (205) 252-1550 or visit us online to get real answers now.

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