People go to work every day to earn an honest living. Unfortunately, too many employees feel uncomfortable in the workplace due to the actions of their employer or their co-workers. In many of these instances, those actions are against the law, even though workers do not realize it. If you feel as though you have been treated unfairly at work or your employer has not upheld your rights, it is important to speak to a Columbus labor and employment law firm that can advise you of the law and protect your rights.
The minimum wage law in Ohio is always changing, and it is important employers stay updated so they do not violate the rights of workers. Employees should also know what wage they can expect to earn, so they can hold employers accountable for paying it. In addition to the requirement to pay workers a certain wage, employers also must pay workers overtime when they have worked over 40 hours in one workweek. The overtime rate is one and a half times the employee’s regular wages.
When employers do not pay their workers the appropriate wage, employees can file a complaint with the Ohio Department of Commerce. If the claim is rejected, workers can file a claim against the employer in court.
The two types of workplace harassment are quid pro quo and harassment that creates a toxic workplace. Quid pro quo essentially means ‘a favor for a favor,’ and it is not as common today. For example, a supervisor may offer a subordinate a promotion if the worker goes on a date with them. The far more common type of workplace harassment today is that which creates a toxic work environment. For a toxic environment to exist, the harassing behavior must be so pervasive that it interferes with the worker’s ability to do their job. A toxic work environment also requires ongoing behavior, so harassment that happens once or twice does not reach this level.
One of the most common violations of employment laws is discrimination. Workplace discrimination occurs when an employer treats a worker in a protected class unfairly. State and federal law define protected classes as race, religion, gender, age, pregnancy status, disability, and more. Employers cannot consider protected classes when they are making certain employment decisions, such as hiring, firing, and promoting.
Employers have a great deal of authority over their workers, and sometimes, they abuse it. While employers can discipline employees for wrongful behavior in the workplace, they cannot retaliate against them when a worker tries to enforce their rights. Employers sometimes retaliate against workers for taking or requesting eligible FMLA leave, filing a workers’ compensation claim, and for taking other lawful actions. Employer retaliation is illegal, and workers can file a claim for any loss they sustained due to it.
If you believe your employer infringed on your rights, our Columbus labor and employment law firm can help. At Marshall Forman & Schlein, our seasoned attorneys can advise you of your rights and make sure your employer upholds them. Call us now or reach out to us online to schedule a free consultation.
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