Employees in Lancaster are protected by both federal law and Ohio state law. These employment laws ensure workers receive a fair and honest wage, protect them from wrongful termination and other actions, such as sexual harassment, and more. Employment laws are extremely complex, however. If you think your employer has violated your rights, it is important to speak to a Lancaster labor and employment attorney who can help you with any of the below issues.
Ohio is one of many states that outlines its own minimum wage laws every year. The minimum wage law applies to both tipped and non-tipped employees. Employers must pay their workers the appropriate minimum wage. While employers are allowed to make certain deductions from an employee’s paycheck, those deductions cannot result in an employee earning less than the minimum wage.
The overtime laws in Ohio reflect the Fair Labor Standards Act (FLSA), which is federal legislation. Under both sets of laws, employees that work more than 40 hours in one workweek are entitled to overtime pay that equals one-and-a-half times their regular wage. Certain employees are exempt from this law, which results in some employers intentionally misclassifying their employees.
It is not uncommon for an employer to terminate an employee for a reason that seems unfair. Sometimes, an employer may fire an employee for no reason at all. When this is the case, workers sometimes think they have a wrongful termination case, but that is not always true. Ohio, like most states, is an at-will employment state, meaning employers can hire or fire most workers at any time, and for any reason.
However, there are still times when termination is considered illegal. For example, under Title VII of the Civil Rights Act, employers cannot discriminate against employees who are in a protected class. When an employee falls into one of these protected classes and is fired based on certain personal characteristics, the employee may have a valid wrongful termination case.
Sexual harassment is unfortunately common in the workplace. This type of behavior generally falls into two categories. The first is quid pro quo harassment, which occurs when an employer or someone else offers an employee something of value in exchange for intimate or sexual favors. For example, an employer may promise an employee a promotion if they go on a date with them.
The other type of sexual harassment occurs when the behavior creates a toxic work environment for the employee. This type of sexual harassment is becoming more common today. A toxic work environment is created when the behavior is so severe and pervasive that it interferes with the employee’s ability to perform their work duties. Proving either type of sexual harassment is quite difficult and usually requires the help of a Lancaster labor and employment attorney.
There are many legal issues you could run into at work and sadly, the above are just a few of the most common. If your rights have been violated in the workplace, our Lancaster labor and employment attorneys at Marshall Forman & Schlein LLC, can help with your claim. Call us today or contact us online to schedule a consultation.
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