Protecting Employees’ Rights Nationwide
No matter your occupation or employer, you have certain rights as an employee in the United States. When an employer violates these rights, you can fight back.
At Potts Law Firm, we represent clients nationwide in all types of employment and labor law cases. Our firm handles both single-plaintiff lawsuits and class action litigation on behalf of all types of employees, including laborers, professionals, executives, partners, and more. We are passionate advocates for labor fairness, and our goal is to protect you from injustice in the workplace.
If you believe that your employer has violated your state or federal rights, reach out to Potts Law Firm right away to discuss your legal options with an experienced employment lawyer. We will review your case at absolutely no cost and can answer any questions you may have.
Contact us online or by phone at (888) 420-1299 to request a complimentary consultation with our team. Hablamos español.
Understanding Employment Law
Employment law refers to various state and federal laws outlining the rights and responsibilities of both employees and employers in the U.S. These rights are extensive and varied, covering everything from fair pay to permitted leaves of absence, workplace harassment, discrimination, and more.
Regardless of your job or the industry in which you work, it is important that you know your rights. If your employer violates your rights, you could be entitled to financial compensation for certain damages you have sustained, such as lost wages or income, as well as reinstatement and even punitive damages.
Your Rights as an Employee
Employee rights vary somewhat from state to state. That being said, certain federal statutes protect the rights of all employees, regardless of where they live or work.
Some important federal employee laws you should know include:
- Fair Labor Standards Act: The Fair Labor Standards Act outlines employee rights regarding wages, fair pay for time worked, and overtime pay. Under the Fair Labor Standards Act, all employers must pay all non-exempt employees at least the federal minimum wage, as well as overtime pay at a rate of one-and-a-half times the employee’s regular pay.
- Civil Rights Act of 1964: The Civil Rights Act of 1964 prohibits discrimination—including workplace discrimination—on the basis of race, color, religion, national origin, or sex. Since the 1960s, this law has been expanded on a state-by-state basis to include other protected classes, such as gender identity and expression, age, sexual orientation, genetic information, and more.
- Americans with Disabilities Act: The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in various areas, including employment. An employer may not engage in discriminatory practices when hiring, firing, promoting, accommodating, or otherwise employing someone with a disability.
- Occupational Safety and Health Act: The Occupational Safety and Health Act, overseen by the Occupational Safety and Health Administration (OSHA), mandates certain health and safety standards in the workplace. All employers regulated by OSHA must provide employees with workplaces that are reasonably free from serious hazards.
- Family and Medical Leave Act: The Family and Medical Leave Act (FMLA) protects your rights regarding permitted medical leave, including maternity/paternity leave. Under FMLA, employers with 50 or more employees must provide up to 12 weeks of unpaid leave with job protection for eligible employees.
- Employee Retirement Income Security Act: The Employee Retirement Income Security Act (ERISA) protects the rights of employees who receive pensions, sponsored retirement plans, or welfare benefits from their employers. ERISA governs a wide range of issues, from fiduciary duties to disclosure requirements, reporting, and more.
These are just some of the federal laws that impact your rights as an employee. Additional statutes govern the rights of workers in specific industries, such as agriculture, construction, transportation, mining, maritime, and more.
Give us a call today at (888) 420-1299 or reach us online using our secure contact form to request a free initial consultation with one of our employment lawyers.
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Employment Law Cases We Handle
Potts Law Firm regularly represents clients in employment law cases involving:
- Salary and overtime disputes
- Sexual harassment
- Wrongful termination
- Rest and meal breaks
This is not an exhaustive list; we can assist you whether you are dealing with one of these issues or another employment law matter not listed here.
Our nationally renowned, award-winning attorneys are highly respected within the legal community and have earned numerous positive reviews from past clients. We are a diverse team of talented and experienced legal professionals, all of whom are committed to protecting your rights and ensuring that you receive the justice you deserve.
it's all about your best possible resultExplore our past successes
ERISA Class Action Settlement $36 Million
Potts Law Firm served as class counsel in the ERISA class action, Diebold, et al. v. Northern Trust Investments, N.A. et al., 09-Civ-1934 (Diebold), in the United States District Court for the Northern District of Illinois where the Court approved a collective settlement of $36 million dollars for class representatives resulting in millions of dollars returned to investors.
Frequently asked questions
Q:What damages can I recover in an employment law case?
The exact damages you can recover in an employment law case depend on several factors, including the type of case you have and the losses you have sustained due to the violation of your rights. That being said, many people can seek compensation for lost wages, lost benefits, emotional distress, reputational damage, attorney fees, and other related damages. You may be entitled to punitive damages, which are meant to punish the defendant (i.e., the employer) for egregious negligence or willful/wanton misconduct. In some cases, employees who were wrongfully terminated can seek reinstatement.
The employment lawyers at Potts Law Firm can help you determine the types of damages you may be entitled to receive, as well as the potential overall value of your claim. Contact us today to request a free initial consultation.
Q:How much is overtime pay?
Overtime must be paid at a rate of one-and-a-half times an employee’s regular rate of pay. Employers must pay overtime to all non-exempt employees for excess hours worked, based on both federal and state laws.
Q:What is considered employment discrimination?
Under the federal Civil Rights Act of 1964, it is unlawful to discriminate against an employee based on race, color, religion, national origin, or sex. These are considered “protected classes” nationwide. Additionally, many states have adopted anti-discrimination statutes that prohibit workplace discrimination based on other protected classes, such as sexual orientation, gender identity, gender expression, marital status, age, genetic information, etc.
Workplace discrimination occurs when an individual is treated unjustly based on one of these protected classes. This can include discriminatory hiring, firing, terminating, transferring, promotion, compensation, and accommodation practices, among others.