Employment Rights Lawyer
Denied Your Employee Rights at Work?
North Carolina Employment Lawyers Explain Labor Laws
When you work for a business or organization in North Carolina, both state and federal laws guarantee you certain rights as an employee. These include being paid at least the minimum wage and overtime. You also have the right to a fair and safe workplace, free from discrimination and harassment. If your employer violates any of these rights, then you may have a claim and/or a potential employment lawsuit against the business or company. These types of lawsuits can result in compensation for you, the victim, as well as material change in the organization to prevent rights violations in the future.
However, employees may resist coming forward to report these rights violations for fear of retaliation at work and/or losing their jobs. Our North Carolina employment lawyers offer free, confidential consultations. An employment law attorney from our firm can investigate your claims and tell you if you have a case, as well as help protect you from retaliation.
What Laws Determine Employee Rights in North Carolina?
Several state and federal laws protect your rights as an employee in North Carolina. They include but are not limited to:
- The Civil Rights Act of 1964. Employers with at least 15 employees cannot make hiring, promotion or firing decisions based on a person’s race, color, religion, sex or national origin. Recent interpretations of this law also prohibit sexual orientation and gender identity discrimination.
- Americans with Disabilities Act (ADA). A federal law, the ADA explicitly forbids disability discrimination in the workplace. It also requires employers to provide reasonable accommodation for disabled employees.
- Age Discrimination Employment Act. This law prohibits employers from giving younger employees preference in the workplace.
- Fair Labor Standards Act (FLSA). The FLSA regulates reasonable work hours and overtime pay as well as mandatory rest and meal breaks. Recently, a new Federal Overtime Rule clearly defined overtime eligibility for salaried workers.
- Family and Medical Leave Act (FMLA). This federal law includes regulations on vacation, sick and pregnancy leave, although it does not apply to every employer in every situation.
- North Carolina Retaliatory Employment Discrimination Act. This state law adds extra protections against discrimination in the workplace. One of the most important aspects of this law is that it forbids discrimination, including retaliation and wrongful termination, against employees who have reported rights violations, applied for workers compensation and/or reported safety concerns to OSHA.
- North Carolina Wage and Hour Act. This law extends to all North Carolina employers, no matter how many employees they have. Its complex regulations concern payment upon termination, shortages and other wage disputes.
- Other North Carolina Employment Laws. There also are many other state laws and local ordinances that may apply to your situation. For example, some of these include the NC Child Labor Law, NC Leave Laws and even the NC Smoker’s Rights Act.
What are the Most Common Types of Employment Lawsuits?
Any injustice at work may be grounds for an employment lawsuit, including:
- Discrimination of any kind.
- Workplace harassment, including sexual harassment.
- Workplace retaliation, including whistleblower retaliation.
- Wage and hour disputes, including pay discrepancies and wage inequality as well as denial of overtime.
- Breach of employment contracts.
- FMLA violations.
- Maternity and/or paternity leave denial.
- Employee misclassification.
- Denial of benefits, including retirement plans and veterans benefits.
- Wrongful termination.
Through an employment claim, you may be able to recover your rightful wages or possibly even be reinstated at your job if you faced wrongful termination. You may also be able to claim lost wages and other compensation. Additionally, if discrimination or other issues affect other employees besides yourself, the courts may issue an injunction, protecting the rights of everyone at your company or business.
Questions About Your Claim? Call Our North Carolina Employment Lawyers
Standing up to your employer can be intimidating, especially if you do not know for sure what state and federal employment laws protect your rights. The North Carolina employment lawyers at Riddle & Brantley understand these challenges. We offer confidential consultations, free of charge. Our attorneys can advise you of your rights and the rights of your fellow employees, as well as explain your legal options.
We have offices throughout North Carolina, including locations in Goldsboro, Raleigh, Jacksonville and Kinston. Contact us online or call one of our offices to schedule your free initial consultation with a labor and employment law attorney.