Labor Commissions & Laws

Not long ago, adults and children worked long hours for little to no pay. Since then, labor laws have been created to combat unfair wages and oppressive child labor. The Fair Labor Standards Act establishes a national minimum wage and overtime for certain jobs, the Family Medical Leave Act provides protected leave for designated medical reasons, the Department of Labor ensures safe and healthy working conditions and the Equal Employment Opportunity Commission prevents discrimination against employees because of their race, color, or creed. These laws and institutions were created to support employees and revolutionize the labor market. The lawyers at Fitapelli & Schaffer can provide you with the legal assistance needed to fight an employer you believe may be violating any of these laws, discussed in greater detail below.

The Fair Labor Standards Act and Family Medical Leave Act

Under the Fair Labor Standards Act all covered nonexempt employees are entitled to minimum wage of at least $7.25 per hour and overtime pay of at least one-and-a-half times the employee’s regular hourly pay for all hours worked over 40 hours per week. Under the Family Medical Leave Act all eligible employees of covered employers are entitled to take twelve workweeks of leave in a twelve month period for specific medical reasons, without fear of termination. If you believe that you are entitled to and have not received minimum wage, overtime pay, or protected leave, please contact the employment lawyers at Fitapelli & Schaffer, who will be able to ascertain whether your employer’s policies are violating the law.

As discussed previously, the decision to provide severance pay is entirely up to the employer and neither the Fair Labor Standards Act nor the Family Medical Leave Act support severance pay or require the payment of any sort of termination package. That being said, violations of either of these acts are not waivable and any severance package or private agreement purporting to do so is in violation of federal law. If the severance agreement you have entered into releases your employer from any such violations please contact the law offices of Fitapelli & Schaffer as you may still be able to pursue your claims.

The Dept of Labor

If you are entitled to unemployment benefits, you should immediately file your claim with the Department of Labor. However, receipt of such benefits may be pushed back until your severance pay is finished. The Department of Labor has not issued any laws on severance pay, does not obligate an employer to provide severance pay, and has stated that severance pay is an agreement between an employer and an employee and lets the responsibility fall on both parties. If your employer decides that your severance pay agreement should be denied, please contact the severance lawyers at Fitapelli & Schaffer for help resolving the issue.

Equal Opportunity Employment Commission

After signing a severance agreement, an employee has likely waived any potential discrimination claims. If the employee thereafter brings a discrimination suit, the employer can argue that the case should be dismissed because the employee waived the claim. While the employee can claim that the agreement is invalid, most courts will find the agreement binding where the employee knowingly and voluntarily signed the waiver. Keep in mind that you are not required to enter into a severance agreement and may bring a discrimination suit against your employer in lieu of doing so. If you feel that you have been discriminated against or if you have any other severance pay issues you should contact the severance lawyers at Fitapelli & Schaffer prior to signing your severance agreement to determine the validity of your claim.