If you’ve been victimized by illegal behavior at work, bringing legal action against your employer might seem impossible, but with effective legal counsel, you can recover what you’ve earned and hold wrongdoers accountable. Located in Kansas City, Missouri, the Barnes Law Firm LLC advises employees on a wide array of situations when they are being mistreated on the job. Whether your concern relates to a discrimination claim, improper payment of wages and overtime, wrongful termination, or a Family and Medical Leave Act (FMLA) violation, we’ll provide strong, knowledgeable counsel that protects your rights under the law.
Under federal law, employers with 15 or more employees must obey the provisions of the Americans with Disabilities Act (ADA). The ADA requires employers to make reasonable accommodations for an employee with a qualified disability as long as it does not cause an “undue hardship.” Required accommodations can include:
Moreover, under the Missouri Human Rights Act (MHRA), the state places many of the same responsibilities on employers to accommodate disabled employees and has made the provisions of the Human Rights Act applicable to employers with six or more employees.
Discrimination can take many forms, one of which is discrimination based on age. To address this issue, Congress passed the Age Discrimination in Employment Act (ADEA) in 1967. The ADEA prohibits discrimination on the basis of age in any aspect of employment such as:
However, the ADEA only protects workers who are 40 years of age or older. Moreover, the ADEA does not prohibit employers from favoring an older worker over a younger worker, and the ADEA only applies to employers with 20 or more employees. Again, the MHRA broadens this to cover businesses with six or more employees. If you believe your civil rights are being violated on the basis of age, we can help you seek relief.
Congress passed the Family and Medical Leave Act (FMLA) in 1993. This law allows certain employees of covered employers to take up to 12 weeks of unpaid leave while having their position within the company protected by law. However, there are only certain scenarios that allow you as an employee to take FMLA leave. Some of the most common scenarios where FMLA leave could be used are:
Although these scenarios are common, only certain employees are eligible for FMLA leave, and only certain employers are required to grant an employee leave under FMLA. We can explain how the law applies to your circumstances.
The Fair Labor Standards Act (FLSA) is the federal law that establishes regulations on minimum wage, child labor laws, overtime pay and other matters. As with many areas of federal law, each state must abide by the minimum standards codified within the FLSA, but states can provide greater protection to workers. Though legislation might change the rate, the 2018 state hourly minimum wage is $7.85, slightly higher than the FLSA mandate. Nonexempt employees who have worked more than 40 hours in a week must be paid an overtime rate of one-and-one-half times their hourly rate of pay for each hour over the 40-hour workweek.
Missouri is an at-will employment state, which means businesses in the state can fire employees without giving any reason. However, certain dismissal grounds are prohibited. Employers that are covered by federal and state law are not allowed to fire employees based on their membership in a legally protected class or because they have filed a discrimination or workers’ compensation claim.
Regardless of how far our country has come in the fight against discrimination in the workplace, employers continue to discriminate and break other employment-related laws every day. The MHRA conforms to federal law and has specific provisions prohibiting workplace discrimination based on any of the following:
Often, these actions can have a severe financial and emotional impact on employees, but if you face discrimination on the job, it’s important to know that you are not in this fight alone. We will fight for your rights under state and federal laws.
The Barnes Law Firm LLC handles all types of employment law cases on behalf of Missouri and Kansas workers. Please call 816-221-4321 or contact us online for a free initial consultation that can help you obtain the justice you deserve. Our office is located in Kansas City, Missouri.