Overtime Violations

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If you are over 40 years old, the law protects you from being discriminated against because of your age. The federal law that provides these protections is called the Age Discrimination in Employment Act (ADEA). If you are in the protected class of workers over 40 years old, it is a violation of the ADEA for an employer to fail to hire you, fail to promote you, demote you, terminate you, pay you less, or take any adverse action against you because of your age. Age discrimination cases can be proved when an employer makes age related comments in conjunction with adverse action against you, such as suggesting that you retire, or making comments about your age. Moreover, there is a presumption of age discrimination when you are terminated and replaced by a younger worker. Reduction in force, where an employer lays off a portion of its workforce, must also pass ADEA scrutiny. If an employer discriminates against you because of your age in violation of the ADEA, you may be entitled to damages that include back pay, front pay, loss of benefits, liquidated damages, and attorneys' fees and costs.  

Title VII of the Civil Rights Act of 1964 protects you from being discriminated against or harassed because of your gender. The Pregnancy Discrimination Act of 1978 amended Title VII by specifically making its protections applicable to pregnancy. It is a violation of federal law for an employer to fail to hire you, fail to promote you, demote you, terminate you, pay you less, or take any adverse action against you because of your gender. If an employer discriminates against you because of your gender in violation of Title VII, you may be entitled to damages that include loss of pay and benefits, compensatory damages, including damages for emotional distress and pain and suffering, punitive damages, and attorneys' fees and costs. The Equal Pay Act of 1963 also specifically provides that women must receive the same pay as men for similar jobs, and provides for the recovery of back pay, liquidated damages, and attorneys' fees and costs when the Act is violated. 

The law also protects employees from sexual harassment. For example, if a supervisor or co-worker of a female employee makes sexually explicit jokes or comments in the female's presence, this can be illegal sexual harassment. Of course, sexually suggestive touching or groping is sexual harassment, and a supervisor or superior is prohibited from asking for or suggesting sexual favors in return for workplace benefits. Damages for sexual harassment may include recovery of loss of pay and benefits, compensatory damages, including damages for emotional distress and pain and suffering, punitive damages, and recovery of attorneys' fees and costs.   

Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against you based on your race, color, or national origin. It is a violation of Title VII for an employer to fail to hire you, fail to promote you, demote you, terminate you, pay you less, or take any adverse action against you because of your race, color, or national origin. You are also protected from being subjected to racial or ethnic slurs or other such harassment in the workplace. If an employer discriminates against you or you are subjected to harassment because of your race, color, or national origin in violation of the Title VII, you may be entitled to damages that include loss of pay and benefits, compensatory damages, including damages for emotional distress and pain and suffering, punitive damages, and attorneys' fees and costs.

If you have a disability, you are protected from discrimination by the Americans with Disabilities Act (ADA). This includes discrimination in hiring, promotion, termination, compensation, and any adverse action. Moreover, employers covered under the ADA must provide a reasonable accommodation to an otherwise qualified person with a disability, unless the accommodation would impose an undue hardship on the operation of the business. If your rights under the ADA are violated, you may be entitled to damages that include loss of pay and benefits, compensatory damages, such as mental anguish and inconvenience, punitive damages, and attorneys' fees and costs.  

The FMLA provides certain employees with protections when they are required to miss work due to a serious medical condition of the employee or the employee's immediate family, or due to the birth or adoption of a child. If you and your employer are covered under the FMLA, you are entitled to 12 weeks of unpaid leave required by such a medical condition, and the employer must maintain your health insurance benefits while you are on leave and return you to the same or an equivalent position. Only employers with at least 50 employees are covered under the FMLA. An employee is covered only if he/she has been employed by the employer for 12 months, has worked at least 1,250 hours during the previous 12 months before leave is taken, and works at a location that is within 75 miles of where the employer employs 50 or more employees. An employee may recover damages for a violation of the FMLA that include loss of pay and benefits, liquidated damages, and attorneys' fees and costs.  

If you have health insurance through your employer and you leave the job, you have a right to continue your coverage under that policy for a period of at least 18 months by continuing to pay the insurance premiums yourself. This is a protection under federal law through the Consolidated Omnibus Budget Reconciliation Act (COBRA). After you leave a job or if you lose coverage due to a reduction in hours, an employer has 30 days to notify the plan administrator of this qualifying event. The plan administrator has 14 days to provide you with your COBRA election notice, explaining your rights to elect to continue coverage under the health insurance plan. If an employer fails to provide this election notice in a timely fashion, you may be entitled to damages that include the cost of medical expenses, a penalty of up to $110 a day, and attorneys' fees and costs.