The attorneys at The Employment Law Group law firm have experience litigating cases on behalf of employees who have suffered sexual harassment in the workplace. Recently in Sterling v. Atlantic Automotive Corporation, The Employment Law Group® law firm obtained a $1 million dollar verdict for an employee who experienced ongoing sexual harassment by her supervisor.
What laws Prohibit Sexual Harassment?
Sexual harassment is a form of sexual discrimination and is prohibited by Title VII, the D.C. Human Rights Act (DCHRA), and Article 49B of the Maryland Civil Code. Title VII, the federal law prohibiting sexual harassment applies only to labor organizations, companies, or employment agencies with more than 15 employees. The D.C. Human Rights Act however, applies to all employers regardless of size.
What is Considered Sexual Harassment?
Sexual harassment includes: unwelcome sexual advances, requests for sexual favors, and any verbal or physical conduct of a sexual nature that affects an individual's employment.
What must a plaintiff prove to prevail under Federal Law?
Under Title VII, there are two types of sexual harassment claims that can be made: tangible employment action and hostile work environment.
To prevail on a tangible employment action for sexual harassment, an employee must make a prima facie case that: (1) he/she was a member of a protected class; (2) he/she was subjected to unwelcome sexual advances or requests for sexual favors; (3) his/her refusal to submit to a supervisor's sexual demands affected his employment status; and (4) the harassing supervisor used his authority to subject the employee to adverse job consequences.
An employee alleging sexual harassment based on a hostile work environment must show: (1) he was subjected to unwelcome conduct; (2) the harassment was based on sex; and (3) the harassment was severe or pervasive, and created an abusive working environment.
What must a plaintiff prove to prevail under the D.C. Human Rights Act?
An employee claiming sexual harassment under the DCHRA must establish a prima facie case demonstrating that unwelcome verbal and/or physical sexual advances were directed at him or her in the workplace, resulting in an abusive or hostile working environment.
Retaliation for Reporting Sexual Harassment is Prohibited
Section 704 (a) of Title VII and the DCHRA prohibit retaliation against employees who file sexual harassment complaints. Retaliatory actions include: termination, suspension, demotion, reduction in salary, and any act that might dissuade a reasonable person from reporting sexual harassment.
What can a prevailing plaintiff recover?
A prevailing plaintiff is entitled to reinstatement, back pay, front pay, compensatory damages and attorney fees. In addition, Title VII authorizes exemplary or punitive damages.
http://www.employmentlawgroup.net
Call The Employment Law Group law firm, in Washington, DC, if you have been a victim of workplace discrimination or harassment, or have experienced other violations of your civil rights. Our seasoned trial attorneys have earned an enviable record of favorable settlements and verdicts on behalf of our clients. We take great pride in our reputation as aggressive litigators and persuasive negotiators. Toll Free: 888-603-0983 Phone: 202-331-3911 Fax: 202-261-2835
Monday, July 12, 2010
Saturday, July 10, 2010
The Employment Law Group Whistleblower Case
Jury Verdict in Case Brought Under D.C. Whistleblower Protection Act Case Awards Over $282K
The Employment Law Group law firm secured a verdict of over $282,000 in a case brought under the D.C. WPA. The suit was brought on behalf of a former program director who blew the whistle on supervisors that were falsifying the results of a federally-funded education program. This is one of the largest ever awards under the D.C. WPA.
http://www.employmentlawgroup.net
The Employment Law Group law firm secured a verdict of over $282,000 in a case brought under the D.C. WPA. The suit was brought on behalf of a former program director who blew the whistle on supervisors that were falsifying the results of a federally-funded education program. This is one of the largest ever awards under the D.C. WPA.
http://www.employmentlawgroup.net
Friday, July 9, 2010
Employment Law Group Law Firm REPRESENTATIVE CASES
The Employment Law Group law firm secures over $579,000 in FMLA Retaliation Claim
The Employment Law Group law firm won a jury trial brought by a former pharmaceutical sales representative who was retaliated against for taking maternity leave protected by the Family and Medical Leave Act.
http://www.employmentlawgroup.net
The Employment Law Group law firm won a jury trial brought by a former pharmaceutical sales representative who was retaliated against for taking maternity leave protected by the Family and Medical Leave Act.
http://www.employmentlawgroup.net
Thursday, July 8, 2010
Employment Law Group Non Payment of Overtime or Wages
Did your boss fail to pay you for your overtime?
Under the Fair Labor Standards Act ("the FLSA") non-exempt employees are entitled to time-and-a-half compensation, and the FLSA makes it illegal for an employer to withhold overtime pay from a non-exempt employee who works over 40 hours in a workweek. This means that any overtime worked in a particular workweek must be paid on the pay day covering the same pay period in which the overtime hours were worked.
Even so, employers often try to avoid paying overtime by misclassifying employees as "exempt," having employees work "off the clock," or refusing to pay employees for certain hours worked (such as putting on uniforms or equipment or putting these same things away).
Employers also sometimes do not pay any wages at all, claiming that they do not have the money or the tools, books, uniforms and the like were not returned. Very often this leads to a minimum wage violation under the FLSA, as this conduct is illegal in most circumstances. In other cases, employers do not pay full wages to employees or pay below minimum wage when the wages for the week are averaged. This is almost always an illegal wage violation under the FLSA.
It does not matter if you agreed to work for less than minimum wage or for free:
Under the FLSA an employee cannot waive their rights. So, when an employer strikes a deal with an employee allowing the employee to work off the clock for tips or for some other purposes, the employer still has to pay wages. The FLSA doesn't let employers take advantage of employees in this manner because it would be so easy for an employer to just claim "he just wanted to work a little more for free." The rule is that if the employer allows you to work, you have to get paid for all of the time you worked.
Remedies for Unpaid Overtime or Nonpayment of Wages:
Under the FLSA, employees may file a private suit against their employer for unpaid overtime or minimum wage violations. In addition, FLSA enforces penalties on those employers who improperly classify their employees as "exempt." Congress intended the FLSA's remedies to deter violations as well as to compensate employees for underpaid work and consequently, depending on the violation involved, provide both "liquidated damages" and criminal penalties.
Violations of minimum wage and overtime payment requirements of the FLSA can lead to substantial paydays for underpaid or unpaid employees. Employees are entitled to be properly paid for every hour worked, and under the FLSA's liquidated damages provision wage differentials are almost always doubled to compensate the employee up to $2 for every $1 that was not paid to them on a timely basis. Finally, a prevailing employee is entitled to recover their reasonable attorney's fees and costs, so that the employer, not the employee, pays for the employee's legal services.
In addition to representing cases involving nonpayment of overtime, The Employment Law Group® law firm has experience representing employees whose employer:
Refuses to pay minimum wages;
Pays below the federal amount for overtime;
Expects employees to work excessive hours for salary pay; and
Pays wages or salary with goods or services instead of money
Contact us at The Employment Law Group law firm to schedule an appointment to discuss your nonpayment of wages case.
The Employment Law Group law firm has published an article, titled "Wage and Hour Laws", on the Fair Standards Labor Act.
http://www.employmentlawgroup.net
Under the Fair Labor Standards Act ("the FLSA") non-exempt employees are entitled to time-and-a-half compensation, and the FLSA makes it illegal for an employer to withhold overtime pay from a non-exempt employee who works over 40 hours in a workweek. This means that any overtime worked in a particular workweek must be paid on the pay day covering the same pay period in which the overtime hours were worked.
Even so, employers often try to avoid paying overtime by misclassifying employees as "exempt," having employees work "off the clock," or refusing to pay employees for certain hours worked (such as putting on uniforms or equipment or putting these same things away).
Employers also sometimes do not pay any wages at all, claiming that they do not have the money or the tools, books, uniforms and the like were not returned. Very often this leads to a minimum wage violation under the FLSA, as this conduct is illegal in most circumstances. In other cases, employers do not pay full wages to employees or pay below minimum wage when the wages for the week are averaged. This is almost always an illegal wage violation under the FLSA.
It does not matter if you agreed to work for less than minimum wage or for free:
Under the FLSA an employee cannot waive their rights. So, when an employer strikes a deal with an employee allowing the employee to work off the clock for tips or for some other purposes, the employer still has to pay wages. The FLSA doesn't let employers take advantage of employees in this manner because it would be so easy for an employer to just claim "he just wanted to work a little more for free." The rule is that if the employer allows you to work, you have to get paid for all of the time you worked.
Remedies for Unpaid Overtime or Nonpayment of Wages:
Under the FLSA, employees may file a private suit against their employer for unpaid overtime or minimum wage violations. In addition, FLSA enforces penalties on those employers who improperly classify their employees as "exempt." Congress intended the FLSA's remedies to deter violations as well as to compensate employees for underpaid work and consequently, depending on the violation involved, provide both "liquidated damages" and criminal penalties.
Violations of minimum wage and overtime payment requirements of the FLSA can lead to substantial paydays for underpaid or unpaid employees. Employees are entitled to be properly paid for every hour worked, and under the FLSA's liquidated damages provision wage differentials are almost always doubled to compensate the employee up to $2 for every $1 that was not paid to them on a timely basis. Finally, a prevailing employee is entitled to recover their reasonable attorney's fees and costs, so that the employer, not the employee, pays for the employee's legal services.
In addition to representing cases involving nonpayment of overtime, The Employment Law Group® law firm has experience representing employees whose employer:
Refuses to pay minimum wages;
Pays below the federal amount for overtime;
Expects employees to work excessive hours for salary pay; and
Pays wages or salary with goods or services instead of money
Contact us at The Employment Law Group law firm to schedule an appointment to discuss your nonpayment of wages case.
The Employment Law Group law firm has published an article, titled "Wage and Hour Laws", on the Fair Standards Labor Act.
http://www.employmentlawgroup.net
Wednesday, July 7, 2010
Employment Law Group -Airline Whistleblower Representation
The attorneys at The Employment Law Group law firm have substantial experience litigating whistleblower retaliation claims on behalf of employees in the airline industry.
What laws protect Airline Whistleblowers?
In 2000, Congress passed The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) to protect employees who expose air carrier safety violations. Under AIR-21, employees who believe they have suffered adverse action for reporting air safety violations can file a complaint with the Occupational Safety and Health Administration (OSHA) within 90 days of the date on which the discriminatory decision has been made and communicated to the employee.
http://www.employmentlawgroup.net
What laws protect Airline Whistleblowers?
In 2000, Congress passed The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) to protect employees who expose air carrier safety violations. Under AIR-21, employees who believe they have suffered adverse action for reporting air safety violations can file a complaint with the Occupational Safety and Health Administration (OSHA) within 90 days of the date on which the discriminatory decision has been made and communicated to the employee.
http://www.employmentlawgroup.net
The Employment Law Group
Getting fired, being refused a promotion you worked hard to deserve, not getting paid for regular time or overtime hours you have worked, being denied a benefit claim by your employer, being retaliated against for whistleblowing or being subject to harassment or discrimination in the workplace can be a violation of state and federal employment laws. State and federal law extends many rights, privileges, and protections to employers, but never at the expense of employees who may suffer illegal abuses or injustices in the name of profits
http://www.EmploymentLawGroup.net
Tuesday, July 6, 2010
The Employment Law Group
The Employment Law Group® law firm, serves people in Washington, D.C., Virginia and Maryland who have been victims of discrimination, harassment, or other violations of their civil rights. Our seasoned trial attorneys have earned a highly desirable record of favorable settlements and verdicts on behalf of our clients.
http://employmentlawgroup.net/
http://employmentlawgroup.net/
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