Despite constant efforts by US authorities, labor abuse remains a difficult problem to eradicate. However, more and better labor laws have been created and modified that, in turn, reduce the most common labor problems.
On the other hand, making you aware of all these factors will help you stay safer and more protected against any type of danger or violation of your rights as a citizen and Latino worker.
In this article we will show you some of the most common conflicts that you may face as a Latino worker, as well as the laws that protect you and we will remind you that the best way to act in the face of any type of violation of your labor rights is to contact Conexión Legal immediately by calling us at 1800 201 1220 or writing to us via WhatsApp to receive the best free consultation, as well as connection with a Hispanic attorney near you.
Most Common Cases
Some of the most common labor problems that usually arise in the workplace of Latino workers are conflicts that also present themselves in the rest of their daily lives.
Discrimination and Workplace Harassment
The Equal Employment Opportunity Commission (EEOC) is the organization responsible for enforcing federal laws that prohibit labor discrimination against Latino and national origin workers.
These laws protect employees and job applicants against:
- Discrimination
- Harassment
Unfair treatment in the workplace by any person due to:
- Race
- Color
- Religion
- Sex (including gender identity, transgender status, and sexual orientation)
- Pregnancy
- National origin
- Age
- Disability
- Genetic information
- Being denied reasonable accommodations in the workplace due to disability or religious beliefs
In the face of this type of circumstances, discrimination also exists with respect to retaliation due to involuntary factors and/or conditions of the worker in which these are decided as a result of:
- You have complained about labor discrimination
- You have helped with an investigation or lawsuit against your company or employer
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a federal labor law that ensures and allows an eligible employee to take an extended leave from work for various reasons and situations such as:
- Own illness
- Caring for a sick family member who meets the requirements
- Birth or adoption of a minor
- Military care or other emergencies related to active service of a family member
This unpaid leave is guaranteed by law and is available to workers of companies with 50 or more employees. FMLA fact sheets can help you understand your rights and coverage based on your legal and labor conditions.
In case you know or believe that someone has violated your rights under the FMLA, contact Conexión Legal, where with the help of an attorney near you and the Wage and Hour Division of the Department of Labor you will be able to obtain timely help and advice on your case.
Minimum Wage, Overtime, and Misclassification
The Wage and Hour Division (WHD) of the United States Department of Labor administers and enforces some of the country's most comprehensive labor laws.
These types of laws involve regulating specific topics such as the minimum amount per work hours and overtime pay as well as misclassification. In view of this, there are individual parameters and specifications for each topic, such as:
Minimum wage
The federal minimum wage is the lowest legal hourly wage for many workers. Employees who receive tips may have a different wage.
The minimum wage is $7.25 per hour for covered non-exempt employees as of July 24, 2009. Learn more about minimum wage in the Fair Labor Standards Act (FLSA).
Many states and cities also have minimum wage laws. When federal and state laws have different rates, the higher wage applies. Find your state's minimum wage laws and minimum wage for employees who receive tips.
Contact your state labor office if you have questions about minimum wage.
Overtime pay
An employer may require or allow a worker to work overtime; however, the Fair Labor Standards Act establishes that workers who work more than 40 hours per week must receive overtime pay. There are few exceptions to this rule.
Misclassification
This refers to when an employer says that a worker is an independent contractor. The law states that the worker is an employee so that is a misclassification, which can:
- Affect a worker's wages, protections, and benefits
- Cause tax problems for both businesses and workers
At Conexión Legal, we have the necessary staff to provide you with free consultation and provide you with the necessary support from an attorney near you capable of protecting your rights and preventing any type of abuse and injustice.
Call us at 1800 201 1220 or write to us via WhatsApp to obtain all the information necessary to represent you before the court.
Follow the steps of the following form to schedule your free consultation appointment.
