What To Do When Labor Laws Are Violated?

Answer 1

Labor laws include employment labor laws, federal labor laws and state labor laws. Federal Laws always have precedence over state laws, but the two do not normally conflict. Employers have several laws governed by the federal sector and their state concerning the working conditions, treatment of employees and conditions of workplaces. When an employee feels that their employer has violated one or more of these laws, a complaint must be filed and action taken against the employer. There are also laws protecting employees who file charges. After filing a charge against an employer, the employee may not be fired for filing suit.

Employees have the right to not be discriminated against because of race, sex, religion or disability. If discrimination is suspected, the employee has the right to file charges. Wages must be fair; employees who do not receive a fair wage, especially if it is less than minimum wage, may file charges against the employer. There are also laws in each state regulating how many hours an employee must be able to work; exceeding these limitations voluntarily is sometimes permissible as overtime, but employers who force employees to work more hours than they are supposed to are in violation of the employee's rights. Working conditions must also meet state and OSHA regulations. When an employee feels their employer is violating these rights, it is best to file a report to the proper agency before filing legal charges. Employees who are exposed to harmful chemicals and formaldehyde are under special and strict protection laws and must be aware of their rights. Employers are required to keep a written booklet or set of rules regarding employee rights. Every employee should consult these books and then proceed to file charges if they feel their rights have been violated.

As mentioned, when dealing with laws that pertain to regulating agencies such as OSHA, it is best to file a report with the agency first. They take claims very seriously and action is required immediately. If the employer then seeks retribution on the employee after the report, the employee has every right to file several legal charges against the employer, depending on how severe and undue the employer's behavior is. Attorneys who specialize in labor laws are the best contacts to seek. Many of them will work on a contingency fee schedule, meaning the consumer pays only if their lawsuit results in monetary compensation.