Employment & Labor
Our lawyers have litigated employment disputes in many jurisdictions all over the country. We fight for the rights of individuals and have tried employment and labor cases to verdict in both state and federal courts. We have recovered millions of dollars for our clients and have settlements and judgments for the maximum relief possible.
We handle cases involving improper pay, shorting of pay, off the clock work, discrimination, sexual harassment, whistleblower, WARN, FMLA and many other employment based practice areas. We understand that if you’re still working in a bad environment, that you may not be able to call during work hours, that is why we have a 24/7 hotline set up at toll free (877) 561-0000 to address your employment and labor questions day or night or on the weekends, when its most convenient for you. You can also email us using our online form. Most of the time if we take a case, we are only paid if we succeed, so there is no money or expenses up front. The call is free and confidential.
With the erratic economy companies have tried all sorts of ways to short employees pay. Some common problems are when the company makes the employee perform unpaid pre-shift work, unpaid post-shift work, always rounds down the time worked, doesn’t pay time and a half for overtime, works off the clock, misclassifies the worker as salaried and doesn’t pay any overtime, improperly computes overtime and a host of other issues. Employers continue to short employees out of the proper wages they are due because most state statutes go back only a few years, so if they do it for longer than that they feel like even if they are sued they’ve won. Did you know if you sue for a wage and hour violation you can possibly obtain double or triple damages depending on the state and have your attorney fees paid by the Defendant? Read more about Wage and Hour Violations.
Labor Violations happen when the company violates the Labor Code. It is distinguishable from regular employment issues, since there is an actual Code that must be followed, in contrast to what is known as common-law. The Labor Code is quite clear in some areas such as parts of the Fair Labor Standards Act, which dictate that time and half must be paid to non-exempt workers who work over 40 hours a week, but it may be confusing in other portions where it discusses exemptions from overtime and their application to workers. When in doubt, it is best to have a candid discussion with counsel about the fact pattern to determine if there is a labor violation and whether it’s actionable. The Federal Labor Laws may act alongside the State Labor Laws and sometimes they may aggregate damages for an infraction. For example, you may be entitled to your actual wages paid back, double damages for the FLSA, and another multiplier for the state portion. So if you’re owed $1,000 of wages, it may become $2,000 with the FLSA double damages provision, another $1,000 under the state law for a total of $3,000 and your attorney fees and costs paid by the employer!
Workplace Discrimination – General
It is unlawful for an employer to discriminate based on race, religion, gender, sexual orientation, age, pregnancy and some other categories as well. It is surprising, but an employer may lawfully “discriminate” based on non-protected reasons, and fire someone just for not liking them. We are interested in hearing from you if you believe you’ve been discriminated against at work. Cases in which groups of individuals are paid less based on a characteristic may trigger certain litigation as well. Some discrimination cases require the filing of a charge with the EEOC, which is extremely time sensitive. You should speak with an attorney right away if you think you’ve been wronged.
Workplace Discrimination – Sexual Harassment
One of the most common problems of discrimination is one of sexual harassment. There are many types of sexual harassment, such as Quid Pro Quo, where an employer conditions employment based on requiring sexual favors. Other types involve a hostile work place where there is a sexually charged atmosphere created that is inappropriate for work to be performed. Many individuals feel trapped and succumb to the harassment because they need their employment and are afraid of losing their jobs. We offer free, confidential consultations about your rights and options, if you believe you are suffering from sexual harassment. We have handled some high profile Sexual Harassment cases and have obtained hundreds of thousands of dollars for our clients in some instances.
The Family Medical Leave Act (“FMLA”)
The Family Medical Leave Act allows employees up to 12 weeks of leave in a 12-month period based on medical or family reasons. Some employers target employees who try to use their FMLA leave or abruptly terminate them. The ACT was put in place to protect the worker and if you have used or tried to use FMLA and your employer has retaliated against you or terminated you, we can discuss your rights with you free of charge and determine if it’s actionable.
Warn Act Cases – Mass Layoffs
The WARN Act protects groups of workers from abrupt layoffs. If the employer knows in advance that they are going to lay off a large quantity of workers, then the employees have rights to know as well so they can prepare for their future. If you were laid off in a mass firing and are confused by the statutes associated with federal and state WARN Acts, you are not alone. Your best strategy is to consult with an attorney at JTB LAW Group and discover your rights. You may think that since the employer is out of business that there’s nothing that can be done, but we will examine every avenue of recovery for you.
Whistle Blower & Retaliation Cases
JTB Law Group attorneys advocate for employees who have been illegally retaliated against for reporting misconduct in the workplace, including discrimination and financial wrongdoing. The head of the firm is a former FBI Agent who understands how important it is to be discreet about these sensitive matters. Sometimes the identity of the whistleblower can be protected for some time before it is made known. A serious, but all too common fact pattern is when the employer is committing a fraud against the government by overbilling, billing for services it didn’t perform, filling in false information for payments, etc. If you have a case you may lose your right to bring a case if you are too public with your concerns! There are some tricky statutes out there, so speaking with counsel about how to proceed and educated you on your options is the way to go.
JTB Law Group focuses on bringing class actions against employers. When employers violate employment laws, they often do so against groups of similar employees at once. In those situations, class actions allow employees to vindicate their rights as a group, which is more efficient economically and creates strength in numbers.
Class actions can be based on wage theft, improper pay practices, unpaid overtime, or a variety of other actions that affect a pool of individuals who can collectively marshal their resources through Class Counsel and more effectively address the issue with the employer.
JTB Law Group attorneys have been appointed Class Counsel in class actions resulting in millions of dollars of economic recovery for our clients. The litigation may seem complex, but we can simplify the process for you, explain your rights in a collective setting and try to maximize your recovery.