Labor & Employment Matters
At Hernandez Martinez, LLC, we represent employees and employers in a wide range of labor and employment disputes. Whether you’re dealing with wage and hour violations, workplace discrimination, wrongful termination, or complex employment contracts, our experienced attorneys are here to provide the skilled legal guidance you need. We understand the complexities of employment law and are dedicated to protecting the rights of workers while helping businesses navigate compliance with state and federal regulations.
Common Labor & Employment Cases We Handle
Employment law covers many areas designed to protect both employers and employees. At Hernandez Martinez, LLC, we handle a variety of labor and employment disputes, including:
Wage and Hour Violations
Employees have the right to be fairly compensated for the work they perform, but wage and hour violations are unfortunately common. These include unpaid overtime, failure to meet minimum wage requirements, and denying meal or rest breaks. We represent workers who have been denied their rightful earnings and help them recover the compensation they are owed.
Workplace Discrimination
Discrimination in the workplace based on race, gender, age, disability, religion, or other protected characteristics is illegal under both federal and state laws. If you’ve been the victim of discrimination at work, our attorneys will help you file a claim with the Equal Employment Opportunity Commission (EEOC) and seek justice for the harm you’ve endured. We also assist employers in navigating anti-discrimination laws to maintain a compliant and respectful workplace.
Wrongful Termination
If you were fired for unlawful reasons, such as retaliation for reporting misconduct or discrimination, you may have a wrongful termination claim. Our attorneys work to prove that your termination was in violation of employment laws and seek damages for lost wages and emotional distress. Employers also trust our firm to defend against wrongful termination claims and to develop policies that minimize the risk of such claims in the future.
Employment Contracts and Severance Agreements
Employment contracts, non-compete agreements, and severance packages are common in many workplaces. However, these agreements can lead to disputes if the terms are unclear or unfair. We represent both employees and employers in contract negotiations and disputes, ensuring that the terms are favorable and legally sound.
Understanding Your Rights as an Employee
As an employee, you have rights under federal and state labor laws that protect you from unfair treatment in the workplace. These rights cover issues such as fair wages, a discrimination-free environment, and protection from retaliation for reporting violations. At Hernandez Martinez, LLC, we are dedicated to upholding these rights and ensuring that employees are treated fairly and with respect in the workplace.
Wages and Overtime
The Fair Labor Standards Act (FLSA) sets the federal standards for minimum wage and overtime pay. Under the FLSA, eligible employees must be paid at least the federal minimum wage and receive overtime pay for hours worked over 40 in a workweek. State laws may provide additional protections. If your employer has failed to comply with wage and hour laws, you may be entitled to back pay and damages.
Anti-Discrimination Protections
Federal laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), prohibit workplace discrimination. State laws may offer additional protections. If you’ve faced discrimination, our attorneys can help you file a claim with the appropriate agency and seek justice for the harm you’ve experienced.
Whistleblower Protections
Employees who report illegal or unethical activities in the workplace are protected from retaliation under whistleblower laws. If you’ve been retaliated against for speaking up, you have the right to seek compensation for the wrongful treatment. Our firm is experienced in handling whistleblower claims and will fight to protect your rights.
Employer Compliance with Labor Laws
Employers must navigate a complex web of federal and state labor laws to ensure compliance and avoid legal disputes. At Hernandez Martinez, LLC, we work with employers to develop policies and procedures that reduce the risk of litigation while promoting a fair and productive workplace. Here are some key areas where we assist employers:
Employee Handbooks and Policies
A well-drafted employee handbook can serve as a roadmap for employee expectations and employer responsibilities. We assist employers in creating comprehensive handbooks that comply with labor laws, including anti-discrimination policies, wage and hour regulations, and leave policies.
Workplace Investigations
When an employee files a complaint or raises concerns about workplace misconduct, it’s essential for employers to conduct a thorough and unbiased investigation. Our attorneys guide employers through the investigation process, ensuring that all complaints are handled fairly and in accordance with legal standards.
Dispute Resolution
Employment disputes can be costly and time-consuming. We work with employers to resolve disputes before they escalate to litigation. Our firm offers mediation and arbitration services, and when necessary, we defend employers in court to protect their interests.
Why Choose Hernandez Martinez, LLC for Labor & Employment Matters?
Labor and employment law can be complex and ever-changing. Hernandez Martinez, LLC offers skilled representation for both employees and employers in navigating these challenges. Here’s why you should trust our firm with your labor and employment matters:
Deep Understanding of Employment Law
Our attorneys have extensive experience in labor and employment law, representing both employees and employers in a wide range of disputes. We stay up-to-date on changes in the law to ensure that our clients receive the most current and effective legal guidance.
Client-Focused Representation
We understand the emotional and financial toll that labor and employment disputes can take. At Hernandez Martinez, LLC, we are dedicated to providing compassionate and personalized representation for each client, ensuring that their needs and goals are prioritized throughout the legal process.
Proven Results in Employment Litigation
With a track record of success in employment litigation, our firm has helped clients secure significant settlements and verdicts in complex labor disputes. Whether representing employees who have been wronged or defending employers against unfounded claims, we are committed to achieving the best possible outcomes for our clients.
Frequently Asked Questions (FAQ)
1. What qualifies as workplace discrimination?
Workplace discrimination occurs when an employee is treated unfairly or differently based on a protected characteristic such as race, gender, age, disability, or religion. This can include hiring, firing, promotions, or other employment actions.
2. What should I do if I’ve been wrongfully terminated?
If you believe you’ve been fired for unlawful reasons, contact an employment attorney immediately. Our firm can help you evaluate whether you have a wrongful termination claim and pursue compensation for lost wages and emotional distress.
3. How long do I have to file a wage and hour claim?
Wage and hour claims are subject to statutes of limitations, which vary by state. In general, you have two to three years from the date of the violation to file a claim. It’s important to act quickly to preserve your rights.
4. What should be included in an employment contract?
An employment contract should outline the terms of employment, including compensation, job duties, confidentiality agreements, and non-compete clauses. Our attorneys can help review or draft employment contracts to ensure that your rights are protected.
5. Can my employer retaliate against me for reporting discrimination?
No, retaliation for reporting workplace discrimination is illegal under federal and state laws. If you’ve experienced retaliation, our firm can help you file a retaliation claim and seek compensation for the wrongful treatment.
6. Do employers have to provide severance pay?
There is no federal requirement for employers to provide severance pay, but some employers offer it as part of their employment agreements. If you’ve been offered a severance package, it’s important to have an attorney review the terms before you sign.
7. How can employers avoid wage and hour violations?
Employers can avoid wage and hour violations by ensuring compliance with federal and state labor laws, accurately tracking employee hours, and paying overtime when required. We help employers develop policies that prevent these violations.
8. Can an employee be fired for being a whistleblower?
No, whistleblower laws protect employees from being fired or retaliated against for reporting illegal or unethical activities in the workplace. If you’ve been retaliated against for being a whistleblower, our firm can help you file a claim to protect your rights.
Contact Hernandez Martinez, LLC for Labor & Employment Legal Representation
Whether you’re an employee seeking justice for workplace mistreatment or an employer looking to ensure compliance with labor laws, Hernandez Martinez, LLC is here to help. Contact us today for a free consultation to discuss your labor and employment matter and learn how we can protect your rights and interests.
Call Us Today (305) 842-2100