The Young Law Firm, PC provides clients throughout the Texas Panhandle with representation in employment-related legal matters. For employers in any line of business, whether the employer has only a few employees or hundreds, state and federal regulations place strict standards on the maintenance of the workplace, the soundness of company policies and conduct, and the fairness of employee payment structures. Failure to meet these standards can result in liability and potentially costly litigation, especially if a number of your employees initiate a class action lawsuit against you.
Wage and Hour Claims
As an employer, you have a legal duty to adequately compensate your employees. Employers are required, under the Fair Labor Standards Act (FLSA), to pay correct wages to every employee. Nonetheless, many employers do not provide proper compensation, often due to erroneous company policies or errors in calculating overtime pay. We assist clients in avoiding common employer mistakes, including:
- Improper treatment of bonus and shift pay
- Cash off the books
- Misuse of “Comp” time
- Employee misclassification
- Calculating incorrect rates of pay
- Failing to properly pay for medical attention
- Failing to properly pay for overnight travel
- Shortchanging hours
- Unpaid overtime
- Allowing off-the-clock work
Although the FLSA provides some exemptions from overtime pay for certain types of employees (e.g. professional, executive, administrative, computer and high-tech), the criteria for determining whether a particular employee is exempt are numerous and complex, and often become the subject of intense litigation. Written job descriptions and other documentation are important, but the employee’s actual job duties carried out on a daily basis carry the most weight. It is also important to understand that it is the employer’s responsibility to make sure that employees only work when authorized. Even if overtime has not been approved, an employee who continues to work on his or her own initiative may be entitled to overtime if not stopped by the employer.
Penalties and interest for failing to correctly pay wages or overtime can far exceed the employee’s original compensation. In addition, auditors can go back several years when looking for wage violations, and it is not uncommon for a misclassification or other error to affect a large class of workers. It is easy to see how the assessment of wage and hour penalties, even regarding only a handful of employees, can be devastating to a company’s financial resources.
Discrimination and Harassment Claims
The Young Law Firm, PC also consults with employers in equal employment and discrimination matters. Employers must be vigilant and pro-active in making sure that discrimination, harassment and retaliation does not occur in the workplace. The Young Law Firm, PC has extensive experience with the laws governing all types of discrimination, including age, race, national origin, gender, sexual orientation and religion, along with issues involving disability accommodation, equal pay, harassment and retaliation. We regularly interact with the United States Department of Labor, the Equal Employment Opportunity Commission, and other federal and state agencies charged with the enforcement of employment laws.
Seek Experienced Legal Representation
Integral to any successful business is an understanding of fair employment standards — without this knowledge, you may be subject to financial liability and costly litigation. Our experienced employment law compliance practice offers clients the legal assistance needed to protect their financial interests and operate a profitable business.
If you are an employer in need of experienced representation to ensure compliance with employment law standards, contact The Young Law Firm, PC today.
