FEDERAL EMPLOYMENT LAW
Thorough Kansas City Employment Lawyers Protect Missouri Workers
ACCOMPLISHED FIRM ANSWERS QUESTIONS AND TAKES ACTION FOR CLIENTS
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.
DOES MY EMPLOYER HAVE TO ADHERE TO THE AMERICANS WITH DISABILITIES ACT?
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:
- Modifying existing structures so they can be accessed by a disabled employee
- Reassigning an employee or restructuring the job
- Modifying a work schedule
- Acquiring or modifying equipment
- Modifying or adjusting exams
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.
WHO IS PROTECTED UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT?
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:
- Job assignments
- Any other term or condition of employment
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.
WHAT IS THE FAMILY AND MEDICAL LEAVE ACT?
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:
- The birth of a child and care of a newborn
- Adoption and welcoming a new child to your home
- Caring for a child, spouse, or parent with a serious health condition
- Diagnosis of a serious health condition that precludes you from performing your essential job functions
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.
WHAT IS THE FAIR LABOR STANDARDS ACT?
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.
WHEN CAN I FILE A WRONGFUL TERMINATION SUIT IN MISSOURI?
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.
HOW DOES THE MISSOURI HUMAN RIGHTS ACT ADDRESS DISCRIMINATION?
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:
- National origin
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.
Contact a determined Kansas City employment lawyer for a free consultation
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.
$5.3 Million jury verdict for railroad work injured in slip and fall accident.
$35 Million judgment for motorcycle driver who suffered a lower left leg and right arm amputation as a result of a motor vehicle collision
$10.2 Million judgment for class members damaged by the City of Kansas City’s failure to comply with a prior court order requiring Kansas City to provide refuse collection services, of the cash equivalent thereof, to the class
$4 Million settlement for family members of victim killed in a drunk driving accident
KENNETH E. BARNES
JOHN M. CUSICK
KYLE S. BELEW
REVIEWS & REWARDS
John Cusik and the lawyers at
Barnes law firm have shown me nothing but the best in human nature. In times
when you need a lawyer they make that experience easier and take care of the
things that a good lawyer is suppose to do.
I’m extremely pleased with the work of John Cusick and his partners. John
Cusick is great at what he does and I would recommend him to anyone. Beautiful
law firm and great staff.
If you want someone that genuinely cares for you and what you are going
through these are your guys, especially John. John was able to take charge of
my case and produce wonderful outcomes. Everything was always broken down to
me in words I could understand and never felt pressured.
John Cusick has to be one of the best! He really cares and get right to business... I’m very happy how everything turned out!