Many construction workers travel away from home to perform work for their employers. When this travel results in an overnight stay, this travel time must be paid. And, it must be counted as "hours worked" in determining entitlement to overtime in the workweek. Often, however, employers avoid or refuse to pay for such travel time. Payment of "mileage" or providing a "per diem" for this travel is not enough. Employers must pay their employees an amount equal 1.5 time the construction workers' hourly rate where, including travel time, the employee works more than 40 hours in a workweek. If a traveling construction worker is not paid overtime for his or her overnight travel time, the worker may be able to file a lawsuit for unpaid overtime. In fact, if other employees are also not paid properly, the worker may be able to bring a collective or class action lawsuit. Our firm has recovered millions of dollars of unpaid travel time for our construction worker clients. If this has happened to you, we can help.
Are You #METOO? We Can Help.
Workplace discrimination, including sexual harassment, is a serious issue in today's world. With more and more individuals coming forward with stories of harassment across the country, it is time to speak up and we can help. Sexual harassment is a form of workplace discrimination that violates both state and federal law. Sexual harassment can occur in a variety of ways. According to the Equal Employment Opportunity Commission, sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature that either explicitly or implicitly affects an individual's work environment. You work environment can be affected if the sexual harassment unreasonably interferes with your work performance or creates an intimidating, hostile, or offensive work environment. You can also be retaliated against for reporting sexual harassment. This can also occur if you have been terminated, demoted, or have had other adverse employment action taken against you after you have reported the sexual harassment to management or Human Resources. If you feel you have been the victim of sexual harassment in the workplace, then it is important to speak with an attorney as soon as possible. Depending on the facts of your specific circumstances, you may have grounds to file a lawsuit seeking financial damages.
What Might Retaliation Look Like?
Being mistreated or punished in the workplace can be very upsetting. Not only can such conduct be emotionally painful, it can also jeopardize a person's employment status and livelihood. As such, it is important to know if actions like a firing or demotion are illegal. One reason why something like termination might be wrongful or illegal is if it is retaliatory. In this post, we will examine what retaliation is in the legal context and what it might look like. What the laws say Retaliation is the act of firing or otherwise punishing an employee for participating in protected activity, which is activity in which employees have the right to participate. This includes reporting discrimination, requesting an accommodation and filing a complaint about workplace harassment. Numerous Ohio and federal laws explicitly prohibit retaliation in the workplace. What retaliation looks like As we mentioned, firing someone for engaging in protected activity is one common example of retaliation. There are others, including: Demoting a worker Transferring the worker to a less desirable location Changing his or her schedule to purposefully cause personal conflicts Withholding pay or bonuses Cutting the person's pay Cutting the person's hours Starting hurtful rumors Being especially critical or negative about the worker's performance Physically hurting or threatening to hurt the worker These can all be ways that an employer retaliates against an employee. However, these actions are not always retaliatory. An employer is generally within his or her rights to discipline or terminate a worker for any other reason, so long as the decision is motivated by something other than retaliation or discrimination. If you have questions about whether you are the victim of retaliation, then it can be crucial to discuss your legal options with an attorney. Depending on the details and evidence in your case, you could have grounds to file a lawsuit seeking financial damages.
