Labor law lawsuits can be quite varied as they cover a wide range of offenses. This variety can make calculating the time a labor law lawsuit will take very difficult. There are other issues that make these calculations difficult as well. The higher the value of your case, the longer the case is likely to take. The more airtight the proof against the employer, the quicker the case will settle. Generally, most labor law lawsuits will take between one or two years.
Appeals can double the length of a lawsuit, while out-of-court settlements can greatly shorten the time it takes to finalize a case.
Types of Labor Law Lawsuits
Lawsuits brought against employers for labor law violations generally fall into six different categories.
Discrimination and Harassment Lawsuits
Employers are not allowed to discriminate against employees based on race, skin color, religion, gender, sexual orientation, gender identity, pregnancy, age, and disability. Discrimination is illegal in all levels of employment, from hiring to termination, in promotions, and in everyday operations.
Workplaces are also required to make reasonable accommodations for employees as needed based on disability or religious beliefs.
Employers can also face further legal issues by retaliating against employees who complain about job discrimination or help with an investigation or lawsuit against the company.
Wage Dispute Lawsuits
There are many laws regarding the pay of employees. These laws include things like minimum wage, overtime pay, and worker classification. Minimum wage laws vary between federal, state, and city regulations. Employers are always required to pay employees based on the highest minimum wage applicable to their area. There are also very strict regulations for when an employer is required to pay overtime to their employees.
One of the most violated labor laws has to do with the misclassification of an employee. Many businesses will try to classify workers as independent contractors rather than employees. Having someone classified as an independent contractor can affect how much an employer is required to pay as well as enabling them to avoid providing many benefits.
Family and Medical Leave Act Refusal Lawsuits
The Family and Medical Leave Act (FMLA) is a federal law, which guarantees the right of eligible employees to take an extended leave of absence from work. Some of the situations covered by the FMLA include missing work due to illness, caring for a sick family member, and the birth of a child. FMLA leave is unpaid but guarantees employees the right to return to work after their leave of absence.
Not all workers qualify for FMLA leave, so it is important to review this law before asking to take this time off from work.
Workers’ Compensation Violation Lawsuits
Most employers are required to carry workers’ compensation insurance. This insurance helps employees get hassle-free compensation for injuries sustained at work. It also provides businesses with protection from litigation. Companies that fail to carry workers’ compensation insurance when required, not only open themselves up to lawsuits from injured employees, but hefty penalties as well for violating the law.
Workplace Safety Noncompliance Lawsuits
Whether an injury has actually occurred or not, employers are still required to provide a safe workplace for employees. Failure to do so can lead to employees filing complaints against employers with the Occupational Safety & Health Administration (OSHA). OSHA will investigate these complaints, and the penalties for companies violating the law can be quite severe.
When employers fail to meet workplace safety regulations, it can lead to large class action settlements that can end up pushing a business into bankruptcy.
Wrongful Termination Lawsuits
Wrongful termination can occur for a variety of reasons. Many of these are covered under the laws against discrimination in the workplace. However, there are plenty of other reasons an employee can be wrongfully terminated. Wrongful termination laws vary from state to state. In some areas, an employer can fire an employee for any reason with or without notice as long as doing so does not violate discrimination laws.
In other states, however, there are only very specific reasons that an employer can give for firing an employee.
Labor Law Lawsuits Can Be Costly
While the majority of labor law lawsuits get settled out of court within a few months, those that do proceed to a trial can take a very long time. The longer a lawsuit drags out, the greater the costs. Even if your lawyer is working on a contingency basis, you are likely to be facing some financial troubles while you await a settlement. Getting a loan for a labor law lawsuit can help you stay afloat while you await payment.
When considering bringing a lawsuit against a company over a labor law violation, be sure to thoroughly discuss the situation with an attorney before you get started. A qualified lawyer can help you understand the battle you have ahead of you and ensure that you are prepared for the challenges you will face.
About Leland Bengtson
As a journalist, Leland Bengtson dedicated most of his career to law reporting.
He aims to draw in the public and make people more interested in the field. He is active on multiple platforms to increase his outreach to the public.
Leland tirelessly covers all types of legal issues, but he has a personal preference for medical malpractice. This is mainly because he witnessed the implications of medical malpractice on a family member.