EMPLOYEE RIGHTS (Copy)

FEDERAL ANTI-DISCRIMINATION LAW

Employees who are harassed and discriminated against are protected by federal and state law. Employers cannot discriminate against employees or potential employees based on their religion, gender, race, color, age, national origin, disability, pregnancy, military status, genetic information or sexual orientation. Educational institutions, and public accommodations, are also prohibited from discriminating against individuals.

Examples of discrimination may appear straightforward as in cases of sexual harassment by a supervisor. However, many other acts of discrimination occur, but are harder to identify. These may include:

1. Not being hired or promoted due to discrimination;

2. Not receiving the same salary or benefits for the same work when compared to other colleagues;

3. A hostile work environment; or

4. The removal of job duties.

UNLAWFUL RETALIATION UNDER FEDERAL LAW

Federal law prevents employers from retaliating against employees for complaining about discrimination, asking for accommodations or leave, engaging in speech protected by the First Amendment, and engaging in other protected activities.

FAILURE TO ACCOMMODATE A DISABILITY

Employees are entitled to accommodations to allow them to continue to work if they are disabled, and employers are not allowed to retaliate against employees who use or request accommodations.

UNPAID WAGES AND OVERTIME

The Federal Labor Standards Act requires that employees are paid on time, and for their full wages. Employees are also entitled to minimum wage and at times, payment for overtime work. We represent employees to help them receive payment for these wages. This law is particularly important in Louisiana and Mississippi, where there is no state minimum wage law.

Ms. Denson has experience representing employees across different industries, to ensure that they are promptly, and fully, paid. She has helped those who did not receive overtime, or even minimum wage, to secure the payment of back wages for years of illegal underpayment by their bosses. 

LEAVE FROM WORK

Many employees who require medical leave, or need to care for a family member, are entitled to take time off from work. Not only are employers required to provide most employees with time off, but they are not allowed to retaliate against employees who request, or take time. We can help you work with your employer to ensure you have the leave you need.

Casey Denson Law can help you determine if you are entitled to protected leave and represent employees to help them receive compensation for losses incurred from illegal employment practices.

WHISTLEBLOWERS

State and federal law protects employees who work with others to try to improve working conditions, report workplace safety issues, environmental dangers, and other unlawful activities. Employers are not allowed to retaliate against whistleblowers.

Ms. Denson has represented many city and state employees, and employees working for private companies, who were fired for trying to make sure their employer complied with the law.

If you are fired, forced to quit, lose a promotion or are otherwise harmed because you are whistleblower, Casey Denson Law can help you work with administrative agencies, and the courts, to try to get compensation for your losses.

REPRESENTATIVE CASES

Among others, recent cases include:

• A judge found that Phillips 66 terminated our client in violation of the National Labor Relations Act, and ordered that Phillips 66 reinstate him, reimburse him for lost earnings and benefits, and post a notice regarding the Court’s order. Coverage of that order is here.

• After trial, on appeal to the three judge panel of the National Labor Relations Board, the Board determined that our client was fired in violation of the National Labor Relations Act, for asking about wages and protective gear. The Board ordered that she be given her job back, be paid back pay, and post a public notice regarding their wrongdoing. Coverage of that decision is here.

• A settlement for all unpaid minimum wage, and1.5x pay for overtime worked, for managers and cashiers acting as essential frontline workers during the pandemic, and for the tips taken from the cashier that were improperly distributed to managers and owners.

• An administrator in a charter school was paid less than her white or male peers, and was fired when she tried to advocate for equal pay for herself and other black women.

• A disabled employee of LSU Tech was fired after over 20 years of service in the Registrar’s Office. The case settled for $100,000 and resulted in the employee finally receiving her state disability retirement as well.

• A single mother terminated by her public employer for reporting that she was being sexually harassed by her supervisor.

• Filing suit for a young woman working for McDonald’s who was sexually harassed, and then fired when she reported that harassment.

• A manager in the hospitality industry was denied a promotion, and terminated, by her private employer after asking for equal pay to male managers.

• A woman fired the day after Christmas while recovering from a double mastectomy. Defendants sought to dismiss her suit claiming the breast cancer survivor was not “disabled,” and in a 55 page decision, the trial court agreed with us that the case should not be dismissed.

• Demoting and constructively discharging a long term LSU Shreveport employee based on his race. His claims are still pending.

• A female captain in the Fire Department who was fired after decades of service because she complained of discrimination. After trial, the case settled for almost $1,000,000. Click here for press related to that settlement.

• Exotic dancers that were not paid minimum wage in compliance with the Federal Labor Standards Act. This case was nominated for the 2016 “Case of the Year” by the Colorado Trial Lawyer’s Association. Click here for press related to that suit.

• African American firefighters demoted and fired. Click here for press related to the $480,000 settlement.