Virginia law requires employers to maintain a safe workplace and adhere to wage and working hour standards. The law also prohibits discrimination based on protected characteristics. However, some employees work in unsafe conditions, are not paid a fair wage for the hours worked, or are discriminated against by their employer. The attorneys at S.L. England, PLLC, are dedicated to protecting employee rights and can fight for you when you face unfair or unsafe working conditions.
Employees have the right to a safe workplace and must be notified of any known dangers. If you believe your employer is not maintaining a safe workplace, you have the right to request a safety inspection from the Occupational Safety and Health Administration (OSHA). Your employer may not penalize you for requesting this inspection.
WAGE AND WORKING HOUR STANDARDS
The Virginia Department of Labor and the Fair Labor Standards Act (FLSA) set standards for wage protection. Employers must pay at least minimum wage and must pay overtime to non-exempt employees who work more than 40 hours a week.
DISCRIMINATION AND HARASSMENT
The Civil Rights Act of 1964 prohibits employers from making employment decisions based on protected characteristics, including:
- National Origin
- Genetic Information
Additionally, Virginia law prohibits discrimination based on an employee’s marital status.
An employee may not be harassed based on any of these protected characteristics. This includes sexual harassment, which may be in the form of touching or sexual comments or jokes.
Your employer may not retaliate against you for reporting harassment based on protected characteristics, whether you report the harassment to company management, the Virginia Division of Human Rights, or file a lawsuit.
PROTECTED TIME OFF
Virginia law requires your employer to give you unpaid time off without penalty or requiring you to use any paid time off benefits in certain circumstances. These reasons include:
- Jury Duty.
- State or Federal Military Duty. The Uniformed Services Employment and Reemployment Rights Act (USERRA) allows employees to take unpaid time off work for military duty, including when the governor calls up the National Guard or the state militia.
- Medical Leave for Family or Self. The Family Medical Leave Act (FMLA) mandates that businesses with at least 50 employees must allow you to take up to 12 weeks unpaid leave for a medical condition or to care for a family member.
If you must take time off work for any of these reasons, your employer cannot cancel your benefits and must reinstate your job when you return.
DO YOU NEED AN EMPLOYMENT LITIGATION ATTORNEY IN VIRGINIA?
If you have lost your job or face unfair or unsafe working conditions at your place of employment in Virginia or Washington, D.C., the experienced attorneys at S.L. England, PLLC, are ready to fight for you. Whether you need compensation for lost pay, punitive damages against your employer, or reinstatement at your job, our attorneys have the courtroom experience necessary to effectively present your case to a jury or judge. If you need to file legal action to protect your job or to seek compensation, call us today at (202) 489-0720 or contact us online.