Labor & Employment Law
Our practice covers all aspects of Labor and Employment Law. Mr. Steiner spent the first half of his career, over 25 years, in management with some of the largest corporations in America. This experience gives him a unique insight into businesses and how they operate.
Wage and Hour/Retaliation
Fair Labor Standards Act (FLSA) govern wage and hour law. The minimum hourly rate is currently $7.25 per hour, which became effective July 24, 2007. If you work more than 40 hours per week you are entitled to one and one-half the regular rate for all hours worked.
You should book an appointment with us to review your case. There are many legal analyses that must be performed to determine if overtime can be applied to the hours worked.
To determine if you are covered under the FLSA we have to first determine if you are an employee of the company. Many times an employer will misclassify a job as “contract” to avoid paying overtime.
We can assess your situation and determine whether or not you are covered under the law.
The FLSA prohibits “kickback” activities by the employer. This occurs when the employer has recognized a violation of the law but asks you to give back part of your fine “to protect your job.” Kickbacks are against the law.
If you have been treated badly by the employer for speaking up for your legal rights, the adverse treatment is referred to as retaliation.
The Uniformed Services Employment and Reemployment Rights (USERRA) protects veterans from employment discrimination because of their veteran status. If you are called to service, the employer cannot discriminate in hiring, rehiring, promotion. However, to be eligible you MUST alert the employer to your veteran and active status and notify the employer immediately upon redeployment.
Filing a lawsuit can be very intimidating. More importantly, you do not always have to file a lawsuit to get your wrong righted. Our experienced attorney will work with your individual needs while guiding you through the process.
Our practice covers:
Federal and Tennessee Laws prohibiting discrimination and retaliation based on:
- Race/National Origin
In addition to Title VII and the Tennessee Human Rights Act, we practice:
- ADA Discrimination and Retaliation
- FMLA violations
- Tennessee Whistleblower Actions
TCA § 50-1-304, The Tennessee Whistleblower Act provides an exception to the at-will employment doctrine of Tennessee. Retaliatory discharge provides that employees cannot be fired for refusing to remain silent or refusing to engage in actions that they believe to be illegal.