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Employment Law

As an employee you are entitled to certain rights under the law. It’s easy to assume that your employer knows and understands employment law, but employers regularly violate the law with or without their own knowledge. Regardless of whether or not you think your employer is intentionally taking advantage of you, it’s important to know and stand up for your own employment rights. Here are some common workplace law violations that you might be a victim of.

Sharing on Social Media

The National Labor Relations Board has repeatedly protected employees from their employers enacting discipline on them for complaining about work on social media. Employees are allowed to discuss and air work grievances in public spaces, any attempted punishment by the employer is prohibited. The Board also protects employees right to discuss pay and work conditions freely. Despite the law, many employers attempt to make policies preventing their employees from discussing wages with each other, and many employees abide by them because they are uninformed about their own rights. However, the Board does not protect employees who disseminate maliciously false information about the company or engage in anything in the form of bullying, harassment, or discrimination.

Exemptions

The federal government categorizes employees into two groups: exempt and non-exempt. Employees who are classified as exempt are paid a set amount, regardless of the number of hours they work, thus they are not eligible for overtime. Conversely, non-exempt employees are paid according to hours worked and thus qualify for overtime payment. Non-exempt employers legally cannot work off the clock. Answering phone calls, attending to emails, any work outside normal hours must be compensated; this is a right that cannot be waived. The government, not the employer, determines whether or not you are eligible for overtime pay. Make sure your employment is correctly categorized so you receive the pay you deserve.

Harassment and Discrimination Training

Harassment and discrimination training requirements vary by state. California mandates this training for its supervisors and managers as the first-line defense against any related complaints. As a higher-level employee or employer it is always a good idea to provide and take this training.

Norman J. Homen Law

The Law Offices of Norman J. Homen specialize in employment law and will aggressively pursue a fair outcome for your case. If an employer has discriminated against you or they have failed to provide you with the rights afforded to you under the law, call our offices right away.

Courtesy of the SBA

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