Several federal and state laws govern employer/employee relations and protect the rights of U.S. workers. Unfortunately, many employees in Denver and beyond endure difficult working conditions and unfair practices. This may happen because they don’t fully understand their rights. It may also happen out of fear of financial consequences.
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.
Call Leventhal Sar LLC at 720-667-3030 to discuss your case for free. We welcome clients from Cherry Creek, Aurora and throughout the Denver area.
- Types of Employment Discrimination
- Sexual Harassment
- Wage & Hour Disputes
- How can an Employment Lawyer Help Me?
- Contact Leventhal Sar LLC
Types of Employee Harassment and Discrimination
Two common employment issues in Denver are harassment and discrimination. Harassment is typically overt, but discrimination is often subtle.
In the state of Colorado, workers are protected against unfair employment practices, including hiring, firing, promoting, or rewarding based on:
- National origin
- Sexual orientation
- Marital status
- Pregnancy or nursing
- Taking family and medical leave
If you believe you have been passed up for a promotion or otherwise unfairly treated due to one of these factors, you may be entitled to seek compensation and reinstatement through legal action. The Denver employment law attorneys at Leventhal Sar LLC can review your case free of cost and obligation to help you determine the most effective way to move forward with your claim.
Remember, harassment is and discrimination may not always look like we expect. Mistreatment in the workplace - even in a joking manner - is a serious issue that demands swift action. If you feel your company is doing nothing to protect you or if harassment or discrimination are coming from a supervisor or manager, we can help protect your rights, your job, and your interests. Give us a call at 720-667-3030 to learn more.
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.
Sexual harassment in the workplace can take many forms. These include:
- Unwanted verbal advancements
- Unwanted or inappropriate workplace touching
- Sexual or lewd gestures
- Suggestive letters, notes, or emails
- Sharing suggestive or pornographic images
Sexual harassment does not have to come from a supervisor to be problematic. Any type of sexual harassment, from any employee, is cause for investigation and, when nothing is done to rectify the situation, cause for legal action.
If you are facing sexual harassment in the workplace, Denver employment lawyers Jonathan Sar and Sean Leventhal can help. Call us today for a complimentary review of your options and your rights.
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, our employment law attorneys are here to help. Our knowledge of employment law, including the Fair Labor Standards Act, allow us to evaluate wage and hour disputes and help workers in and around Denver get the compensation and fair treatment they are due.
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
- No rest for meal or breaks
It is not uncommon for a company to try and skirt the FLSA by labeling an employee “exempt,” claiming that an employee is “management,” or suggesting he or she 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 and offer protections to workers who have been unfairly treated.
If you believe you have been cheated out of fair compensation or if wages are being withheld from you, our Denver employment attorneys 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 wage 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.
Under the Colorado Wage Claim Act, employees have two-to-three years to take legal action for withheld compensation. It is best to take action much sooner. The longer you take to hold your employer accountable, the less likely full and fair compensation becomes. There is no reason to wait. Our employment law attorneys are prepared to get to work on your case right away - all you have to do is call.
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.