Independent contractors are not entitled to employee benefits, and must file and withhold their own taxes, as well. Unlike employees, who are told when and where to work, guaranteed a regular wage amount, and entitled to employee benefits, among other criteria, independent contractors generally work on a short-term, contract basis with a business, and are invoiced for their work. There are a number of differences between employees and self-employed workers, also known as independent contractors or consultants. Personal bankers, mortgage brokers, and AMLs.Some of the most vulnerable occupations to overtime and minimum wage violations include: Misclassifying a worker that should be paid overtime as “exempt” by promoting them to a “managerial” position without actually changing the worker’s job duties.Forcing workers to pay for tools of the trade or other expenses that their employer should pay.Forcing tipped workers to pool their tips with non-tipped workers, such as managers or cooks.Giving a worker “comp time” or hours that can be used toward vacation or sick time, rather than overtime pay for hours worked over 40 in a work week.Paying a worker less than the federal minimum wage.This is called wage theft, and includes examples such as: However, some employers try to cut costs by denying workers their rightful pay through deceitful methods. The Fair Labor Standards Act (FLSA) established certain workers’ rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees. For example, an employee may be forced to tolerate sexual harassment from a manager as a condition of their continued employment. This means that the harassment results in an intangible change in an employee’s employment status. Workplace harassment can also take the form of quid pro quo harassment. Making negative comments or jokes about the age of an employee over the age of 40.Making prejudicial statements about an employee’s birthplace or family heritage.Making negative comments about an employee’s religious beliefs.Making prejudicial statements about a worker’s sexual orientation.Telling a vulgar or sexual joke to a coworker.Making unwelcome comments about a worker’s appearance or body.Similar to workplace discrimination, workplace harassment creates a hostile and abusive work environment.Įxamples of workplace harassment include: When workers are subjected to slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. If you believe you may have been the victim of unfair or illegal treatment in the workplace, contact us by completing our free case evaluation form. In fact, Morgan & Morgan has been recognized for filing more labor and employment cases than any other firm. Our attorneys possess the knowledge, dedication, and experience required to represent workers in a wide range of labor disputes. Workers who are victim to these and other unethical practices may not know their rights, or may be afraid to speak out against their employer for fear of retaliation.Īt Morgan & Morgan, we handle a variety of civil litigation cases involving unfair labor practices against employees. Unfair and discriminatory labor practices against employees can take many forms, including wrongful termination, discrimination, harassment, refusal to give a reasonable accommodation, denial of leave, employer retaliation, and wage and hour violations. These labor violations can lead to lost wages and benefits, missed opportunities for advancement, and undue stress. Workers may not know what their rights in the workplace are, or may be afraid of speaking out against their employer in fear of retaliation. Unfortunately, some workers are subjected to unfair and illegal conditions by unscrupulous employers. Morgan & Morgan files the most employment litigation cases in the country, including those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, defamation, retaliation, denial of leave, and executive pay disputes.
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