Employment Law

 

 

Odds are, that at some point in your life you will have some legal issue related to your job. This may be discrimination, wages, harassment, or not getting your final paycheck when it is due. Each of these can cause problems for your employer, and allow you to collect a penalty.

 

This does not matter if you work for a large employer such as the University of Oregon or PeaceHealth, or for one of the small businesses in Lane County, many of those employers have attorneys or insurance to help them with the various employment laws. You should have an attorney on your side to even the odds.

 

Discrimination

 

We feel invested in our jobs and in our professions. Thus, there is nothing worse than being judged on what you are, instead of how you do your job. No one should be judged because they are a man, because they are Hispanic, or because they are gay, or due to being a member of a dozen or so protected classes.

 

Because of this, state and federal governments have passed laws and rules to protect employees from various forms of discrimination. Everyone is in many protected classes. These include sexual orientation, race, gender, family status, ethnicity, whistle blowing, religion, national origin, age, and disability.

​

Because of these laws, your employer may not terminate you or any other adverse employment action because you are White, or a lesbian, or Jewish, or pregnant, or because you reported an OSHA violation. If your employer does treat you differently, then your employer likely violated state and federal laws. That said, employment is still at-will, meaning you can be fired for many other reasons, many of those are not fair. Plus, many employers do not follow the law, or even know the law.

​

Overtime

 

Employers must pay you 1.5 times your usual hourly rate if you work more than 40 hours in a week. There are many exceptions, and then exemptions to the exceptions, and in a few circumstances you are entitled to overtime if you work more than 8 hours in a day. However, iy you are an exempt worker, then there you are not entitled to overtime time. Determining those exemptions is a complex.

 

Unlike overtime, companies are not required to pay special rates or double time for holidays or for the night or swing shifts, or any other sort of differential some employers offer, unless you have a contract for those, such as a union contract (a collective bargaining agreement).

​

Harassment

 

Simple put, some harassment is illegal, sometimes it is just part of the job and life. If it occurs at work, it can be devastating. The most common harassment is sexual harassment. Sexual harassment is the one type of harassment always prohibited in the workplace.

 

However, the issue with sexual harassment and all discrimination is proving it. Witnesses help, but they do not always want to step forward and help. Written proof is always better.

 

​

Other Common Issues:

• Final Paychecks

• Separation Agreements

• Minimum Wage

• Regular Pay Periods

• Wage & Hour Complaints

​

It must be noted that employment law cases are notoriously difficult to prove and win. Settlement and jury verdicts vary widely, so it can be difficult to value your case or predict the success of a case. However, you can contact Stevens & Legal if you think your employer violated your rights for a free case evaluation.​

​

Prior Lawsuits Filed:

• District of Oregon - Workplace sexual harassment

• Umatilla County - Final paychecks and prevailing wages in construction