Employment Law FAQs
I did not receive my last paycheck or my last paycheck was returned by the bank, is there anything I can do?
What are some examples of workplace discrimination?
What is age discrimination?
What is race discrimination?
What is sex discrimination?
Is there such a thing as discrimination because of pregnancy?
Can I be discriminated against because of my immigration status?
What is discrimination based on religion?
What is disability discrimination?
What is discrimination based on marital status?
What is retaliation?
What is the Fair Labor Standards Act?
Can I make an agreement with my employer to be paid less than minimum wage or to not receive overtime?
What if my employer promised to give me paid vacation days, but does not pay me for those days?
What is the Family and Medical Leave Act?
Are all employers and employees covered by the FMLA?
For what types of events can an employee take leave under the FMLA?
Am I required to provide my employer with my medical records when requesting leave under the FMLA?
Is my employer entitled to make inquiries about my FMLA leave?
Are there any local or state laws that offer protections similar to the FMLA?
Is every worker entitled to receive the minimum wage and overtime?
I work over 40 hours in the workweek, but am not paid overtime. What can I do?
I think I have been the victim of discrimination, what should I do?
Who is protected from discrimination?
I have not been paid for all the time I worked, but I do not have records of the exact hours. Can I still be paid?
Q: I did not receive my last paycheck or my last paycheck was returned by the bank, is there anything I can do?
A: In Maryland and the District of Columbia, employers are required to pay their employees promptly and according to a regular schedule. If your employer has failed to pay you as scheduled or your last check was returned by the bank, then you may be entitled to file suit against your employer. In Maryland you may be able to recover the amount owed, plus three times the amount of the check if the employer wrongfully failed to pay you, plus attorney’s fees and court costs. In the District of Columbia, you can recover the amount owed, plus an additional equal amount, plus attorney’s fees.
We often hear employees say that their employer withheld part of their last pay check because the employer claims the employee owes them money. In almost all circumstances, withholding money owed is illegal and should be investigated by an attorney to determine your rights and your employer’s obligations.
Q: What are some examples of workplace discrimination?
A: Discrimination in the workplace takes many forms, and generally includes unfair treatment in hiring, firing, promoting, pay, job training, advancement opportunities, as well as being subjected to a hostile work environment because of the employee’s being in a protected category. A hostile work environment generally means that an employee is treated differently by managers and co-workers. Discrimination also occurs when an employer applies its policies, procedures, and terms and conditions of employment differently with employees in protected categories than its other employees.
Q: What is age discrimination?
A: The federal Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age and older from discrimination because of their age. Many ADEA cases involve older employees who were fired and replaced by younger employees because the employer wants to save money on salaries or benefits. Other examples of age discrimination: an older employee is passed up for a promotion that is then given to a less qualified, younger person; or, an older employee is subjected to frequent age-related comments before being fired or demoted.
In the District of Columbia, the D.C. Human Rights Act protects all persons age 18 and older from discrimination based on age.
Q: What is race discrimination?
A: Race discrimination occurs when an employee has been treated unfairly, harmed, harassed, or subjected to a hostile work environment on account of race, color, or ethnicity.
In addition, an employee cannot be discriminated against if they are married to or associate with a person of a different race, or belong to an ethnic-based group or association. Examples include: if you are white and treated differently because you are married to a black person, or you attend a historically black college or place of worship identified with a particular minority group.
Many times, discrimination because of nationality may also be race discrimination.
Q: What is sex discrimination?
A: Sex or gender discrimination occurs when an employee has been treated unfairly, harmed, harassed, or subjected to a hostile work environment because of his or her gender. Sex discrimination cases can involve an employer’s paying female and male employees different wages for the same work, the failure to promote people to management positions because of their gender, or subjecting workers – usually women – to a “hostile work environment,” in which they are treated differently by management and co-workers because of their gender.
Q: Is there such a thing as discrimination because of pregnancy?
A: Yes. Discrimination based on pregnancy is sex discrimination under Title VII’s Pregnancy Discrimination Act of 1978. If you were treated differently on the job, denied leave, denied a promotion, or terminated because of your pregnancy, you may have been the victim of discrimination and have certain rights under federal and state law. You should contact an attorney to discuss the details and your options.
Q: Can I be discriminated against because of my immigration status?
A: The federal Immigration Reform and Control Act (IRCA) protects persons from discrimination because of immigration status or citizenship. It is illegal for an employer to demand more documents to prove a job applicant’s identity and/or immigration status than are required by the government. For example, if you are required to show documents other than just your driver’s license and social security card required for the I-9 form, like your green card, you may have a claim of discrimination based on immigration status and should contact an attorney to discuss your situation. In addition, in most cases, an employer cannot prohibit you from speaking a language other than English.
Q: What is discrimination based on religion?
A: Discrimination because of religion usually occurs when a worker is treated negatively or unfairly at work because of his or her religion, or religious beliefs and practices. It may also include an employer’s refusal to accommodate a worker’s request for accommodation for his or her religious beliefs and practices. For example: subjecting an employee to harassing and degrading comments about one’s religion; workplace policies that interfere with religious beliefs and practices when there is no necessary business reason for the policy; or, refusing to hire or promote individuals because of their religion.
Federal and state laws require employers to reasonably accommodate the religious practices of an employee or prospective employee, unless doing so would create an “undue hardship” on the employer. Examples of accommodations are: a change in work hours, job reassignment, or voluntary substitutions or swaps in days or shifts worked.
Religious discrimination frequently occurs in combination with national origin, immigration status, and/or race discrimination.
Q: What is disability discrimination?
A: The Americans with Disabilities Act (ADA) protects employees from being discriminated against because the employee has a disability, was disabled in the past, or the employer regards the employee as disabled. The ADA can protect the employee against discrimination in hiring, firing, pay, and other aspects of employment. Many times, an employer can be required to provide a disabled employee – who can otherwise perform his or her job – to be given an “accommodation,” such as an adjustment of work station or work schedule, so he or she can keep working. If you think you have been discriminated against because you have a disability or your employer thinks you do, you should immediately consult with an attorney.
Q: What is discrimination based on marital status?
A: Discrimination because of marital status occurs when an employee experiences unfair treatment based on whether the employee is married or single. No federal law protects workers from this type of discrimination, but both Maryland and the District of Columbia have laws protecting employees from marital status discrimination.
A: An employee is entitled to exercise their rights, such as filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC), stating to the employer that he/she intends to file a charge, participating in a discrimination investigation, complaining about or protesting discrimination, or requesting or taking medical leave under the Family and Medical Leave Act (FMLA). If an employee exercises his or her rights, an employer may not take negative action against the employee. If your employer has taken negative action against you because of a discrimination claim, it is important that you contact an attorney to discuss your situation and to protect your rights.
Q: What is the Fair Labor Standards Act?
A: The Fair Labor Standards Act (FLSA) is the federal law that sets minimum wage, overtime pay, record keeping, and child labor standards for full-time and part-time workers for private employers, as well as federal, state, and local governments. Almost all workers must be paid the minimum wage of $5.15 per hour, although in the District of Columbia the minimum wage is $6.60 per hour.
Most employees must also be paid overtime pay for work over 40 hours in a workweek. Overtime is one and one-half times your regular rate of pay. Most states including Maryland and the District of Columbia also have wage and overtime statutes.
Q: Can I make an agreement with my employer to be paid less than minimum wage or to not receive overtime?
A: No. Federal and state laws prohibit anyone from working for less than minimum wage. Similarly, if an employee qualifies for overtime pay, the employer must pay overtime.
Q: What if my employer promised to give me paid vacation days, but does not pay me for those days?
A: Vacation pay, and many other benefits, are considered wages under federal and local laws. The employer must pay you those benefits, just as they must pay you your salary. If you are concerned about your benefits or your employer’s failure to provide you benefits promised, you should meet with an attorney to review your situation and advise you on your rights.
Q: What is the Family and Medical Leave Act?
A: The FMLA is a federal law that applies to many employees, allowing an employee to take up to 12 weeks of unpaid leave for certain family and medical reasons during a 12-month period.
Q: Are all employers and employees covered by the FMLA?
A: No, employers and employees must meet certain requirements to be covered by the FMLA. For example, employers must generally employ 50 or more employees to be required to follow the FMLA, and employees must generally have worked for an eligible employer for 12 months during which at least 1,250 hours were worked.
Q: For what types of events can an employee take leave under the FMLA?
A: Generally, employees are entitled to take leave for events such as the birth and care of a newborn child of the employee; the adoption of a child by the employee; care of an immediate family member, such as a spouse, child or parent, with a serious health condition; or, the employee is unable to work because of a serious health condition.
Q: Am I required to provide my employer with my medical records when requesting leave under the FMLA?
A: No, although your employer may require a medical certification in support of your request.
Q: Is my employer entitled to make inquiries about my FMLA leave?
A: Yes, but only to you. Your employer may ask you questions to confirm whether the leave taken qualifies for FMLA and may require periodic reports on your status and intent to return to work after your FMLA leave ends. Your employer may require additional medical certification during your FMLA leave and may investigate the certification provided.
Q: Are there any local or state laws that offer protections similar to the FMLA?
A: The District of Columbia has a statute, similar to the FMLA, that offers similar protections to employees of employers with 20 or more employees. There is no similar Maryland state statute.
Q: Is every worker entitled to receive the minimum wage and overtime?
A: No, some workers are exempt, either from overtime or both overtime and the minimum wage. In addition, employees who are paid with tips (i.e. waiter/waitress) may only be entitled to a lesser hourly wage of $2.38 per hour. As a rule of thumb, if you are paid on an hourly basis, or if you earn less than $455 per week, you must be paid overtime, although each employment situation is unique. If you have not been paid the minimum wage and overtime and believe that you are entitled, the employment law attorneys at Andalman & Flynn can advise you on your rights and your entitlement to minimum wage and overtime. If you are interested in meeting with an employment law attorney, please contact us to schedule a consultation.
Q: I work over 40 hours in the workweek, but am not paid overtime. What can I do?
A: If you are entitled to overtime and your employer wrongfully failed to pay you overtime, you are protected by both federal and state laws. In Maryland you may be entitled to payment of the overtime owed, plus three times the overtime that should have been paid, and attorney’s fees and court costs if suit is filed and you prevail. In the District of Columbia, you can recover the amount you should have been paid, plus an additional equal amount, plus attorney’s fees. The employment law attorneys at Andalman & Flynn are experienced in determining if employees are entitled to overtime, the amount of overtime owed, and in filing suit against employers who wrongfully fail to pay overtime. If you believe your employer has wrongfully failed to pay you overtime, please contact us to schedule a consultation to discuss your situation.
Q: I think I have been the victim of discrimination, what should I do?
A: Talk with an experienced employment lawyer. If you believe you have been discriminated against by an employer or employment agency when applying for a job, while on the job, or because you spoke out at work about discrimination against you or another worker, you should discuss your unique situation with an attorney to protect your rights. You may be entitled to file discrimination charges with the U.S. Equal Employment Opportunity Commission (EEOC) or to file a private suit against your employer. Andalman & Flynn has successfully represented many victims of discrimination in claims against their employers. Please contact Andalman & Flynn for more information about our legal services for victims of discrimination and to schedule a consultation for advice on your particular situation.
Q: Who is protected from discrimination?
A: Federal Law protects people from discrimination because of a person’s race, gender, religion, national origin, age, and disability. So, race, gender, national origin, age, and disability are considered protected categories of people who are protected from discrimination. In addition, you cannot be discriminated against because you complain about discrimination. When discrimination occurs, it often touches on several protected categories at the same time; meaning, an act might be discrimination because of race, and gender, and age. For the most part, employers with 15 or more employees are required to comply with federal anti-discrimination laws, including private employers and state and local governments. Some states or counties also protect against discrimination because of sexual orientation, marital status, physical appearance, and family responsibility. Many state and local anti-discrimination laws also protect employees who work for employers with less than 15 workers. If you believe you have been the victim of discrimination, it is important that you contact an attorney experienced in discrimination to determine exactly which laws and protections apply to your situation. To schedule a consultation, please contact us.
Q: I have not been paid for all the time I worked, but I do not have records of the exact hours. Can I still be paid?
A: Under federal, Maryland, and District of Columbia law, it is your employer’s responsibility to keep accurate time records of the hours you worked, the days you worked, and your pay rate. If you have not been paid for all hours worked, but did not keep records yourself, the attorney can work with you to reconstruct the best approximation of the amount you worked and the pay you are owed. A court will consider your testimony as evidence of the wages owed to you. If you do not have records of the hours you worked, do not let this discourage you from seeking the wages and overtime you deserve for the hours you worked. Please contact us if you would like to meet with an experienced employment law attorney.