Several federal and state laws govern employer-employee relations and protect the rights of U.S. workers. Unfortunately, many employees endure difficult working conditions and unfair practices because they don’t fully understand their rights, or fear the financial consequences of what might happen if they stand up for themselves.
Don’t be bullied or intimidated by your employer. You have rights, and the employment law attorneys at Leventhal Sar LLC are passionate about protecting them.
Contact us today by completing the form on this page or calling 720.667.3030 to discuss your case for free. We welcome clients from Cherry Creek, Aurora and throughout the Denver area.
Types of Employee Harassament and Discrimination
Discrimination is often subtle. You may hear terms such as “downsizing” or “a poor economy” for justifying your termination or loss of promotion while other, less-qualified candidates are kept or advanced.
Employment law is a complex and ever-changing area of law. State and federal law protects employees from workplace harassment, retaliation and discrimination based on the following classifications:
- National origin
- Sexual orientation
- Marital status
- Pregnancy & Nursing Mothers
- Family and medical leave
Another common illegal workplace practice is sexual harassment. Sexual harassment is a form of employment discrimination based on verbal or physical abuse of a sexual nature. Victims of sexual harassment can suffer from psychological damage and a failure to adequately perform job duties. Ultimately, many sexual harassment victims feel the need to quit their job to avoid further harassment.
Wage and Hour Disputes
One of the biggest issues facing workers in Denver is violations of the wage and overtime levels set by the Fair Labor Standards Act (FLSA). Proposed changes to the FLSA would have seen employees making up to $47,476 annually made eligible for overtime pay for each hour over 40 worked in a week. Those rules have been put on hold, perhaps permanently, making overtime pay available to employees only if they make $455 per week or less.
Since 2001, lawsuits alleging wage theft and unpaid overtime have steadily increased. The number of cases surrounding wage and hour issues in 2000 was 1,935. In 2017, there were approximately 8,900 cases involving wage and hour issues filed with the courts, an increase of 385%.
According to the U.S. Census Bureau, the median household income in Denver is $56,258 with per capita income hovering right around $36,616. A person is currently eligible for overtime if he or she makes less than $23,660 annually, but even still, hundreds of thousands of workers living in and around Metro Denver are entitled to overtime for all hours over 40 worked in a single week. If you are among them and have not been receiving the compensation you are entitled to, we are here to help.
Wage and Hour Cases We Handle
Our Denver employment lawyers are here to help with wage and hour issues including:
- Unpaid overtime
- Forced off-the-clock work
- Inaccurate time clocks
- Improper employee classification
It is not uncommon for a company to try and skirt the FLSA by labeling an employee “exempt,” or claiming that an employee is “management” or serves in a supervisory capacity. Some companies may even label employees as “contract” workers or subcontractors in an attempt to avoid paying fair wages and overtime. Key provisions in the FLSA prohibit this type of behavior.
If you believe you have been cheated out of fair compensation or if wages are being withheld from you, Jonathan Sar and Sean Leventhal are here to help. Use the contact form on this page or give us a call to schedule a free consultation and learn more.
Overtime Pay Exemptions
The FLSA exempts certain employees from receiving overtime pay. Among these are employees in management positions and those working in certain industries. Exempt employees are not entitled to seek compensation through legal action, even if they feel they have been cheated out of fair pay.
If you are not exempt and you have been working over 40 hours without overtime pay, you may be entitled to take legal action against your employer. During your free initial consultation at our Denver office, we will review your case, cover all of your options, and help you choose the most effective way to move forward.
It is important to remember that your right to overtime cannot be waived, nor can your employer ask you to sign a contract voluntarily giving it up. If you do not qualify for an exemption and you make $455 per week or less, you are entitled to time-and-one-half for all hours over 40 that you work. If you are not being paid overtime for these hours, you need an attorney on your side right away to hold your employer accountable and secure for you the compensation your work has entitled you to.
How Can a Denver Employment Law Attorney Help Me?
Labor and employment law cases can be complicated and difficult to prove. The experienced Denver attorneys at Leventhal Sar LLC can advise you on your rights as an employee and develop a strategy for pursuing a legal claim.
If you are the victim of an unlawful employment practice, you must act quickly. You have a very short time frame in which you can file suit for employment discrimination, wrongful termination, retaliation or wage and hour violations. Even if you miss your deadline by only a day, you could lose your case.
Contact our Experienced Denver Employment Lawyers
You have the right to be paid for the work you perform and to work in an environment that is free from unlawful harassment. If your rights as an employee in Aurora, Cherry Creek or Denver have been violated, contact the employment law attorneys at Leventhal Sar LLC today online or at 720.667.3030 to discuss your case for free.