Do You Need a Lawyer After Experiencing Harassment at Restaurant?
For many years perhaps no group of employees has worked harder and paid less than restaurant workers. Waitresses, cooks, and additional kitchen staff work long hours and many struggle to make ends meet.
Unfortunately, many restaurants choose to take advantage of their workers in these situations and ignore numerous laws that have been in place for decades. Rules and regulations are violated daily from laws pertaining to how much workers should be paid to the number of hours minors can work within an establishment. Your employer shouldn’t get away with these actions.
Signed into law by President Franklin Roosevelt in 1938, the Fair Labor Standards Act governs standards associated with such areas as minimum wage and overtime pay that employers are required to pay their employees. However, just because these laws exist does not mean employers choose to play by the rules.
This is especially true when it comes to tips for restaurant workers. Tips are often a topic of dispute as it is an essential part of income. It is crucial that any improper conduct by employers is addressed immediately.
Youth and Minor Employment
In many restaurants, younger kids and teenagers use these establishments to have their first experience with employment in a real job. While many have pleasant experiences and learn a great deal about what it takes to be successful in a job, others find themselves being taken advantage of by their employers. This can happen in various ways, including hazardous and non-hazardous jobs in which minor workers can perform in a restaurant.
For instance, while it is illegal for an employee under 18 to operate meat-processing equipment, slicers, and grinders. Some employers ignore these laws. If an employee raises concerns or objects an employer often threatens retaliation or termination of employment. If you have a son or daughter forced to work in unsafe conditions, do not wait until a tragedy occurs. Instead, turn to Mann & Elias, trusted lawyers that will hold employers accountable for their actions.
Occupational Safety and Health Act
Commonly known as OSHA, the Occupational Safety and Health Act was passed in 1970 and played a vital role in keeping employees in restaurants safe. It focuses primarily on ensuring workers are not forced to risk their lives performing dangerous tasks during their shifts. Regulations apply to both public and private sectors under California law. If you believe your employer violated OSHA and placed you in unnecessary peril, consult with a legal professional.
Equal Employment Opportunity Commission
While regulatory agencies and laws pertain to many areas of the restaurant industry, the vast majority of complaints from restaurant workers tend to fall under laws associated with harassment and discrimination within the workplace.
If you intend to sue an employer the first step is filing an official complaint with the EEOC. As soon as you issue a complaint the Equal Employment Opportunity Commission steps forward to investigate. They are responsible for enforcing federal laws that make it illegal to discriminate against protected employees.
Allegations of discrimination are very serious, they must be backed up by hard evidence for a case to move forward. Should you feel discrimination has been directed at you within your workplace, speak with an employment attorney in Los Angeles with a track record of success in these cases.
Los Angeles Restaurant Worker Rights Lawyer
Should you believe your rights as an employee have been violated, it will be important to meet at once with a lawyer. By doing so, you can learn which laws are enforced by the EEOC and whether or not your particular situation falls under these categories. For example, if you are a pregnant employee and have been let go by your employer or had your hours reduced for no valid reason, you may likely have an EEOC complaint.
Regardless of this EEOC ruling California law still allows you to pursue a lawsuit against your employer for discrimination and other related violations. To ensure you receive legal guidance from experienced and knowledgeable professionals, consult with an employee rights attorney.
How Am I Protected from Discrimination in the Workplace?
Employers are required to follow federal EEOC guidelines. They are also bound by various laws passed over the years.
Some of the most important include the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, and the Pregnancy Discrimination Act of 1978. Policies pertaining to disabilities, age, and other factors, are unfortunately ignored by employers every day. As a result, innocent and hard-working employees lose their jobs and livelihoods, creating emotional and financial hardships.
Due to the complexities involved with labor law, always work with legal professionals specializing in this area. If your rights as an employee have been violated, schedule your consultation today with a lawyer for restaurant labor law violations in Los Angeles from Mann & Elias.