Most workers, including independent contractors, are protected by various statutes from abusive, harassing, or discriminatory treatment by employers. Other statutes, such as the Family and Medical Leave Act, protect more specific rights. The common law, which is non-statutory law, also provides some protections to employees such as breach of contract.
Employees of governmental agencies are often entitled to protections that go beyond what the common law provides through, for example, civil service statutes and regulations.
Some employment law claims that proceed to court action are subject to an arbitration agreement that moves the case from a court to an arbitrator.
Also, some cases that are in court, in arbitration or before a governmental administrative agency are settled by a process called mediation.
Whistleblowing.
This claim arises when an employee reports a violation of law either to the employer or to an outside regulatory agency and is then retaliated against by the employer by demoting or terminating the employee. If the report is to the employer, it must be made to someone who outranks the direct supervisor.
Federal statutes protect a whistleblower who reports about particular subjects. For example, the Sarbanes-Oxley Act protects whistleblowers who report financial or accounting violations.
In Kansas, the common law provides protection to whistleblowers who report about violations of specific laws. A separate statute protects state employees’ whistleblowing.
In Missouri, a statute protects whistleblowers.
Overtime.
Federal law, the Fair Labor Standards Act, generally requires payment of wages at one-and-a-half times the regular rate of pay when the employee works in excess of 40 hours a week.
There are many exceptions and exemptions to this rule. Also, employees who are paid on a salary basis might still have an overtime claim.
Non-payment of Wages or Commissions.
State statutes in both Kansas and Missouri provide ways of recovering non-paid wages or commissions to employees. The common law also provides some protection.
It is important to document these claims with payroll stubs or commission agreements or policies.
Workers Compensation Retaliation.
When a worker sustains an on-the-job injury and the employer retaliates by demoting, firing or by other retaliatory acts, the worker has a claim for workers compensation retaliation. This claim is separate from the workers compensation claim itself.
Family and Medical Leave Act.
This law provides a right of leave from work for a period of up to twelve weeks in a year in order to recover from a serious medical condition. A worker is also entitled to leave to provide care for a close family member for the same length of time. Only employers that have more than 50 employees within a 75-mile radius are covered by the law. Also, the worker must have worked for what amounts to full time for a period of one year to be eligible for leave. The leave is not required to be paid.
Public Policy Retaliation.
When an employee acts in accordance with the public policy of a state law or similar federal law and the employer retaliates against the employee for taking that action, the employee might be able to bring a claim based on the retaliation.
Age Discrimination.
Federal and state laws in Kansas and Missouri make age discrimination in employment unlawful. The laws protect those over 40 from discriminatory actions taken by employers. Employer policies that have a discriminatory impact are also unlawful.
Sex Discrimination.
Federal and state laws make unlawful actions that discriminate against one sex or the other, although most cases in this category are brought by women. This includes pay discrimination in some circumstances.
Equal Pay Act.
This federal law generally requires equal pay for equal work as between men and women who perform the same or substantially the same work. A violation is a form of sex discrimination. Usually, this claim arises when a man and woman of roughly equal qualifications are paid differing wages or salary with the man – most often – paid more.
Pregnancy Discrimination.
Federal and state laws protect women in the workplace who are pregnant from unequal treatment compared with those who are not pregnant. This claim often arises when a doctor places a limitation on the pregnant worker’s job tasks. The issue is often whether the employer is required to accommodate the limitation.
Disability Discrimination.
Federal and state laws require that an employer provide a reasonable accommodation to an employee with a disability if the employee needs an accommodation. The employer is not required to provide the accommodation if it would impose an undue burden on the employer. A disability must substantially limit a major life activity.
Religious Discrimination.
Federal and state laws generally prohibit an employer from discriminating against an employee because of the employee’s religion, including religious practices. Employers must provide accommodations for an employee’s religious practices as long as the accommodation would not create an undue burden.
Race Discrimination.
Federal and state laws prohibit an employer from discriminating against an employee because of the employee’s race. Congress has considered race discrimination so harmful that there is a separate federal statute that may be used in addition to the Civil Rights Act of 1964 to address race discrimination.
National Origin Discrimination.
Federal law prohibits discrimination against an employee on the basis of the employee’s nation of origin. The claim usually arises in the context of workers who are present in the United States but are not citizens.
Military Service Discrimination.
Federal and state laws prohibit an employer from discriminating against an employee on the basis of the employee’s obligations to one of the armed services of the United States. This claim often arises in connection with an employee’s need for leave to satisfy a military obligation, for example, for members of the National Guard. The requirements on the employer are similar to those imposed under the Family and Medical Leave Act.