Like any area covered by the law, every workplace follows rules to establish proper conduct. Despite the system, issues can arise when employers and workers break protocol. These acts can cause unsafe, unfair, and unsatisfactory experiences for affected individuals.
Being informed about employment violations can help you fight back if you’re ever caught in an adverse situation. It also allows you to take legal recourse in the case of unlawful treatment. If you need a basic overview or a quick refresher, this guide provides details about the types of employment laws and issues. You can consult Delaware employment lawyers if you need more information about workplace matters.
Discrimination
The Equal Employment Opportunity Commission (EEOC) outlaws prejudicial and unfair treatment in the workplace. The federal agency administers civil rights laws that prohibit discrimination against the following traits:
- Age
- Sex, including gender orientation, sexual identity, and transgender status
- Race or color
- Disability
- Genetic information
- Pregnancy
- Religion
- National origin
Regulations enforced by the EEOC also protect employees and applicants against retaliation for complaining about job discrimination and/or assisting an investigation or lawsuit.
Harassment
Under federal law, harassment is an illegal act and behavior. In professional settings, the Fair Employment and Housing Act (FEHA) forbids harassment based on the following factors:
- Age
- Race or color
- Sex or sexual orientation
- Gender or gender expression
- Ancestry
- National origin
- Genetic information
- Medical condition
- Physical or mental disability
- Marital status
- Military or veteran status
- Religious creed
In America, there are two types of harassment prevalent in employment spaces. The first is hostile work environment harassment, in which the illicit act fosters an uncomfortable or challenging workplace for the affected employee. The second kind is quid pro quo sexual harassment, in which an employee carries out romantic or sexual favors in exchange for agreeable work conditions.
Minimum Wage
Your employer is legally obligated to pay you the minimum wage according to your state. As of 2022, the minimum wage in Delaware is $10.50. The company you work for cannot deduct operating expenses from your wages, such as cash register shortages, spills, and breakage. Forcing you to work for tips sans other wages is also prohibited.
It’s important to note that most cities and states have existing minimum wage laws. If the state rate is different from the federal one, the higher wage is often followed.
Overtime Pay
The Fair Labor Standards Act (FLSA) states that employees who’ve worked for over 40 hours in one working week should receive overtime pay not less than time and one-half of an employee’s regular pay rate. However, certain limitations exist for the act, such as the non-implementation of overtime pay for Saturdays, Sundays, holidays, or regular rest days.
Salary Misclassification
In some cases, an individual’s status as an employee can fall under a misclassification. The most common example is an employer categorizing a worker as an independent contractor instead of a regular employee, which is mandated by the law.
Misclassifications occur either through an error on the employer’s part or as a deliberate move to avoid paying people properly. If left unchecked, the incident can affect an employee’s salary, benefits, and protections. It can also lead to tax problems for the company and the affected worker.
Family and Medical Leave Act
Workers covered by the Family and Medical Leave Act (FMLA) are entitled to an extended leave of absence per year. This law grants 12 weeks of unpaid leave that can be used for the following situations:
- Birth of a newborn child or placement of a child in domestic adoption
- Inability to work due to a serious sickness
- Caring for a sick family member
- An emergency of a family member in active duty service
Wrongful Termination
Being fired from your job because of bad performance or poor attendance is par for the course. However, it’s considered a wrongful termination if you get laid off due to the following reasons:
- Race or color
- Nationality
- Gender or sexual orientation
- Religion
- Creed
- Being a whistleblower or a victim of sexual harassment
- Taking time off to serve jury duty
- Participation in military service
Get Legal Assistance From an Employment Attorney
If you ever encounter unfair treatment or disputes from your employers or co-workers, be sure to get expert help for your troubles. Reach out to Delaware employment lawyers for legal advice and services. With a professional in your corner, you can take the right course of action for any kind of workplace issue.
