Our Employment Law Attorneys Fight Discrimination At Work

If your employer is a public agency or a private employer who employs 50 or more employees in 20 or more workweeks in the current or preceding year, you may be entitled to take unpaid leave for up to 12 workweeks. Leave can be taken for your own or a family member’s serious health condition, or for the birth or care of a newborn, adopted or foster child. This leave can be taken all at one time or it may be broken up throughout the year.

The terms exempt and non-exempt employees are frequently used in defining employment, but they are more than mere labels. Only certain employees are truly exempt from FLSA protections regarding overtime work. Those include employees who have the ability to hire and fire other employees, who have the ability to direct their own work activities, and who primarily perform managerial or supervisory work or highly technical work. Highly compensated employees, such as those earning over $100,000.00, may also be classified as exempt employees. Other employees who have set hours may be paid on what seems to be a salary basis, but are not exempt from the requirement they be paid overtime for the work they perform beyond the standard 40-hour week.

• The Americans with Disabilities Act offers protection against discrimination to Americans with mental and physical disabilities. The legal definition of “disabled” may be much more inclusive than you expect.
• If you are considered “disabled” under the ADA, your employer is required to provide you with reasonable accommodations.

The Iowa Civil Rights Act is found in Chapter 216 of the Iowa Code. It offers protection for discrimination against age, color, creed, familial status, gender identity, marital status, mental disability, national origin, physical disability, race, religion, retaliation, sex and sexual orientation. Discriminatory protection by the Act includes employment, housing, public accommodation, education and credit. Although not all classes are offered the same level of protection in each protected area.

The Iowa Wage Payment Collection Law provides workers are to be provided their full wages each regular payday. The wages must be personally delivered or automatically deposited, unless the worker prefers another method of payment (such as U.S. Mail). Deductions from wages are to be limited to those required by law (taxes, Social Security, garnishments, etc.) and those that an employee chooses (retirement accounts, health insurance, etc.). An employer cannot withhold wages for damage to property or refuse to pay wages for unsatisfactory performance if a worker has worked the hours for which wages are due.

Our labor law attorneys help clients file claims for unpaid wages with the Department of Labor. Damages recoverable include the withheld wages and additional liquidated damages of up to the full amount of wrongfully withheld wages. The employer will also be required to pay a reasonable attorney’s fee, court cost and civil penalty. It is also unlawful to terminate an employee for filing a wage claim.

Your employer must pay you in accordance with your agreement. Your employer is allowed to make certain lawful deductions from your wages, including taxes, garnishments and things you have provided written authorization for. Wage collection is governed by both Iowa law and Federal law.

Unemployment/Workers’ Compensation/Wage Disputes

• If you filed a claim for unemployment, workers’ compensation, or a wage dispute you may be protected from termination. Because you have a legal right to these remedies, your employer may not punish you for attempting to exert your rights. It is against public policy to allow employers to fire employees because they filed a claim.

Drug Testing

• Employers may require employees to be drug tested, but they must have a written policy on the process.

State and Federal Rules and Laws

• Some federal and state laws provide for an employee’s protection when an employee exerts a federal or state right, or the law expressly prohibits termination if an employee does a specified action.

Whistleblower

• If you make a complaint about or protested an actual or perceived violation, or if you participated in an investigation of an actual or perceived violation of a federal or state law, you may be protected from termination by whistleblower statutes.