What Do Employment Attorneys Do?

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An employment lawyer helps employers adhere to specific laws and regulations in the labor and employment law field. Some things an employment lawyer, can do include assisting employers in hiring employees, preventing discrimination, class action lawsuits, and more.

Classification Issues

Among employment lawyers’ the most critical issue is the proper classification of workers. This complex issue involves multiple risk layers and has far-reaching implications for employers and workers. There is no simple answer to this question, but an employment lawyer such as those from Blair & Ramirez Law can help prevent damaging mistakes from occurring.

Classification issues include whether an employee is an employee or an independent contractor. In addition to federal laws, employers must comply with state laws such as the minimum wage and the Fair Labor Standards Act. A misclassified worker can result in costly settlements and lawsuits and expose a business to significant liabilities.

The Department of Labor has issued a particular memo on worker classification. This memo aims to make enforcement of employment rules easier. The memo is based on a recent Department of Labor audit that found widespread unlawful employment misclassification in New Jersey. It found that about 1% of businesses in New Jersey misclassified about 12.3000 workers.

Class Action Lawsuits

Getting involved in class action lawsuits is a great way to fight for justice. However, they are often more complicated than individual lawsuits. Therefore, a team of experienced attorneys is necessary. In addition, they must have a good grasp of class action law and be willing to devote the time needed for the case.

Class action lawsuits allow one or more employees to file a lawsuit on behalf of a larger group of employees. It is usually more cost-effective than bringing a case individually. It also levels the playing field against big businesses.

Class action lawsuits are often brought in cases of discrimination and wage violations. An employment law attorney can help determine whether your state’s labor law has been violated. A class action lawsuit may also recover damages for unpaid wages or violations of federal law.

A class action lawsuit can also be brought by employees who were denied overtime pay. In California, employers can be penalized for violations of this law by paying employees one hour of their standard wage.

Current Issues in Labor and Employment Law

During the last few years, employment law has had several significant changes. In some cases, these changes have been unprecedented.

Labor and employment lawyers can help clients with various issues, including employee status, human resources, discipline, and legal terminations. They may also advise clients on discrimination claims and other issues related to employment law.

TA federal legislation known as the Fair Labor Standards Act (FLSA) mandates that firms pay their staff the federal minimum wage. The law also requires overtime pay. In addition, small firms with 25 or fewer employees must pay their employees a minimum wage of $14 per hour.

A federal statute known as the Family and Medical Leave Act (FMLA) mandates that companies with 50 or more employees give their staff 12 weeks of unpaid leave. This law also provides job protection for employees who take an extended leave of absence due to a medical or family emergency.

Some other hot issues in labor law include race, national origin, age, gender, religion, and sexual orientation. These issues affect the workplace and are a major cause of litigation.