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FMLA and Wage and Hour LawHelping Employees Enforce Their Rights Under Federal Leave, Wage and Hour LawsAs an employee, you want to believe that your employer will act in accordance with the law when it comes to your hours and wages. After all, you are putting in the time and fulfilling your obligations — and you have every reason to expect your employer will too. If your employer has failed to meet their legal obligations toward you, you have every right to be angry. Whether you were not paid the wages to which you were entitled, including overtime, or were denied a leave of absence you needed for medical purposes, remember that the law exists to protects you, the employee. Federal law has specific requirements for employers regarding medical leave, wages and hours, and failure to comply with these requirements demand a remedy. At the Law Office of Patrick Flanigan, we represent clients throughout the Philadelphia area in Pennsylvania and New Jersey get the justice they deserve. Contact us online or call 610-628-0539 to schedule your free and confidential initial consultation. Family and Medical Leave Act (FMLA)Federal law entitles you to up to six months of unpaid leave for serious medical conditions, either your own or those of family members. Under the Family and Medical Leave Act (FMLA), if you make a proper request to take a leave and your employer refuses, this is considered "interference" and is it is unlawful. It is also unlawful for an employer to retaliate against you for taking leave under FMLA, such as firing you or demoting you upon your return. If you have experienced either of these, attorney Patrick Flanigan will fight on your behalf. He will seek the remedies to which you are entitled, including reinstatement and an accrual of the rights you would have had (such as raises, promotion or seniority) had you not been terminated unlawfully. Also, if we can prove willful retaliation by your employer, you may be eligible to receive double damages: wages lost plus an equal amount as a penalty for the willful act. In pursuing a Family and Medical Leave Act claim, time is of the essence. You only have a limited period under the statute in which to bring your claim, so you must act quickly or you risk jeopardizing the entire case. Wage and Hour Claims: Fair Labor Standards Act (FLSA) and State LawsUnder FLSA, nonexempt employees must receive regular wages that meet the statutory minimum, as well as overtime at 1.5 times base pay. Where an employer has not only failed to meet their statutory obligations, but done so willfully, you may be entitled to double your lost wages. In addition the FLSA, Pennsylvania and New Jersey also have statutes that govern wages and hours for employees. Depending on what is most advantageous in your situation, we will file a lawsuit in state or federal court and seek to maximize all remedies to which you are entitled. Understand and Protect Your Rights As an EmployeeIf you believe you have a claim under the Family and Medical Leave Act or the Fair Labor Standards Act, you do not need to feel helpless or angry about the situation. Take proactive steps toward understanding and protecting your rights — contact us online or call 610-628-0539 to schedule your free initial consultation with an experienced employment lawyer. |
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