Employment Rights

Protecting Whistleblowers

Our workplaces, stores, nursing homes, hospitals, and executive suites are protected in large part by employees who bravely step up and warn management or outside law enforcement of on-the-job misconduct or illegal behavior.  Others may insist on using what is theirs by law – workers’ compensation or FMLA leave.  Many employers applaud this behavior but too often employers respond by firing, demoting, or otherwise taking adverse actions against the employee.  Adverse actions also include undesirable transfers, reduction in compensation, or on-the-hob harassment. 

Our firm regularly represents whistleblowers and others who have spoken out and suffered harm.

There is a broad array of laws that may protect these workers particularly when they are retaliated against for the following:

• Reporting minimum wage or overtime violations;

• Reporting sexual harassment, unlawful discrimination, or participating in a discrimination proceeding;

• Using or requesting leave under the Family and Medical Leave Act;

• Filing a worker’s compensation claim;

• Requesting a reasonable accommodation for disabilities;

• Reporting nursing home abuse;

• Reporting fraud in the workplace that defrauds the federal or state government (including Medicaid/Medicare fraud);

• Refusing to perform illegal activity;

• Reporting workplace safety issues;

• Talking with your co-workers about how to better working conditions; or

• Reporting misconduct in relation to various securities laws or fraudulent conduct.

Not all adverse actions are retaliation, however. For example, if an employee complains about a supervisor treating him or her badly – with nothing more – the law will not protect that employee.  For this reason, it is important to consult with an attorney early to figure out whether your reporting or complaint is protected by law. 

We are always willing to consult with employees before they speak up to develop a strategy on how to best protect themselves in the event that their employer retaliates against them.  When retaliation has occurred, our firm has a distinguished record of representing whistleblowers and others who have spoken out and suffered harm as a result.

Unpaid Wages and Overtime

Federal and state law throughout the country protect a very simple principle: a fair day’s pay for a fair day’s work.  Federal law requires all employers to pay at least $7.25 (or more in states like New Mexico) per hour to all employees for all hours worked and 1.5 times the regular rate of pay for all hours worked over 40 hours per week.

Unscrupulous employers often fail to pay the minimum wage through unlawful deductions or classifying employees as independent contractors when they are actually employees.

Other employees are entitled to overtime but aren’t paid extra compensation because their employer improperly classified them as administrative, executive or professional employees. 

Finally, employers can violate your right to minimum wage by forcing non-tipped employees into tip pooling or taking a tip credit when an employee is not actually receiving tips. 

Our firm has successfully represented both low-income and highly compensated employees in both individual and collective minimum wage and overtime lawsuits.  We also regularly bring these actions on behalf of class members.

Discrimination

As employees, our work defines who we are as individuals and provides security for ourselves and our families. That’s why it is important to ensure that workers are free from unlawful discrimination and retaliation.  Both federal and state law prevents employers from using a “protected trait” when taking an adverse action including termination, demotion, refusal to hire or promote, or on-the-job harassment.  Specifically, New Mexico, Texas, and federal law prevents employers from taking action on the basis of an employee’s:

• Age;

• Gender;

• Sexual Orientation;

• Gender Identity;

• National origin;

• Race;

• Disability; and,

• Religion.

Our team is willing to help you understand workplace discrimination and protect your interests within the law.  Our firm has a long history of success in representing employees from all backgrounds in challenging discriminatory actions.