Cameron Miranda
If you are facing issues with employment, you may be able to get legal aid. Federally funded legal services offices and pro bono programs can match low-income clients with volunteer lawyers who can help with legal problems. For example, the Legal Aid Society provides legal services to low-wage and unemployed workers facing issues such as unemployment insurance, wage and hour violations, and workplace discrimination. The Legal Aid Foundation of Los Angeles also provides legal aid and seeks to achieve equal justice for people living in poverty. If your legal rights have been violated, you should consult an employment lawyer to find out your options.
| Characteristics | Values |
|---|---|
| Who can get legal aid? | Job applicants, current employees, or ex-employees |
| Who provides legal aid? | Federally funded legal services offices, pro bono programs, employment lawyers, law firms, Legal Aid Society, Legal Aid Foundation of Los Angeles |
| What does legal aid cover? | Reviewing documents, legal research, negotiation strategies, talking to witnesses, gathering evidence, expert review, compensation recovery, unemployment insurance, wage and hour violations, family and medical leave claims, workplace discrimination, overtime laws, rest and meal periods, pay transparency laws, sick pay laws, tip policy laws, leave from work, discrimination, harassment, and retaliation laws |
| Who is eligible for legal aid? | Low-income people, people with criminal records, low-wage workers, unemployed workers |
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What You'll Learn
Wage and benefit issues
Wages and benefits are important factors for employees when looking for work. Federal and state laws determine the minimum wage workers must receive, and these laws also dictate when employers must pay overtime to employees who work longer hours. The federal Fair Labor Standards Act (FLSA) sets the national minimum wage, maximum work hours per week for full-time employees, and overtime pay for hourly workers. Salaried ("exempt") employees are not entitled to overtime pay. Federal law also regulates pay for tipped employees, although many states have abolished the "tip credit" system, which allows employers to pay workers less than the federal minimum wage, provided that their tips make up the difference.
Some common violations of wage and hour laws include paying a lower "training wage" or "youth minimum wage" to workers who aren't minors and should be earning more. Employers are also required to provide each employee with a Form W2, which is an annual summary of the wages paid and taxes withheld. This form must be issued before January 31 of the year following the tax year in question.
Benefits are a broad term, covering everything an employee receives besides cash wages. While not all workers receive benefits, and wage laws do not cover specific categories of workers, such as independent contractors, some benefits are mandatory. These include Social Security, Medicare, and workers' compensation insurance. Other benefits, such as retirement savings plans, are voluntary. Some states also require certain benefits, such as disability insurance for employees in California.
If you have any questions or concerns about your wage and benefit policies, it is recommended that you consult an employment law attorney near you, who can offer tailored advice and help protect your rights.
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Workplace discrimination
Discrimination in the workplace is, unfortunately, a common issue. Discrimination can take many forms, including unfair treatment or harassment because of one's race, colour, religion, sex, national origin, age (40 or older), disability, or genetic information. Workplace discrimination can also include wrongful termination and issues with wages and benefits.
In the United States, the Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit discrimination and harassment in the workplace. The EEOC also provides guidance and resources for those who believe they have been discriminated against. If you believe you have been discriminated against at work, you can file a Charge of Discrimination through the EEOC Public Portal. This process involves submitting an online inquiry, participating in an interview with EEOC staff, and then deciding whether to file a formal charge. It is important to act promptly, as there are time limits for filing a charge, usually within 180 calendar days.
Before filing a lawsuit against your employer for discrimination, it is essential to consult with an employment lawyer. An experienced attorney can help protect your interests and guide you through the legal process. They can assist with reviewing documents, legal research, negotiation strategies, gathering evidence, and helping you recover compensation for any losses incurred due to discrimination.
Additionally, there are other organisations that can provide legal aid and support for employment-related issues, such as Legal Aid Society in New York City. They offer various services, including providing certificates that can help reduce legal barriers to employment for individuals with criminal records. These certificates can improve access to jobs, licenses, and housing.
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Criminal record barriers
A criminal record can create significant barriers to employment, affecting millions of people in the United States. These barriers are known as "collateral consequences", which are imposed on individuals as a direct result of their criminal convictions. More than 70 million Americans with arrest records face challenges in finding employment, and this number may be as high as 100 million.
The presence of a criminal record often leads to outright denial of employment opportunities. A study by Harry Holzer and colleagues found that the majority of employers indicated that they would "probably" or "definitely" not hire someone with a criminal record. This is driven by concerns over potential future crimes and risks to employees and customers. However, this assumption of higher recidivism rates is not always accurate, as research suggests that if a person does not reoffend within four to seven years of release, their likelihood of doing so drops to a rate comparable to people without a criminal record.
To address these challenges, certain measures have been proposed and implemented. Certificates of Good Conduct and Certificates of Relief from Disabilities can help reduce legal barriers to employment for people with convictions. Additionally, some states have enacted laws to expunge and seal low-level offenses after a certain period, and a few states have passed laws to limit employer liability when hiring individuals with criminal records.
Despite these efforts, the existence of a criminal record continues to present substantial obstacles for many seeking employment, even if they are qualified and unlikely to reoffend. Stable employment is a crucial factor in successful re-entry and desistance from crime, so it is important to address these barriers and provide opportunities for individuals with criminal records to fully rejoin society.
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Unemployment insurance
Eligibility requirements for unemployment insurance benefits vary depending on the state. In New York, for instance, one does not have to be a U.S. citizen or hold a Green Card to qualify for unemployment insurance benefits. However, they must have been working with a valid work permit and currently possess a valid work permit.
In general, unemployment insurance benefits are available to those who have lost their jobs or who are unemployed through no fault of their own. This includes scenarios where an employer temporarily ceases operations, an individual is quarantined with the expectation of returning to work after the quarantine, or an individual leaves their job due to the risk of exposure to COVID-19 or to care for a family member.
It is important to note that unemployment insurance fraud is taken seriously, and there are measures in place to combat and prevent it. If one is found ineligible to receive unemployment insurance benefits, they will receive a determination explaining the reason and have the right to request a hearing within 30 days from the date of determination.
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Pro bono legal aid
- Legal Aid At Work: This nonprofit legal services organization has been providing free legal assistance to low-income working families for over 100 years. They offer individualized legal advice and help by phone and in person. They also provide various resources, such as factsheets, sample letters, and guides.
- The Legal Aid Society: This organization provides help with various employment-related issues, such as obtaining Certificates of Good Conduct and Certificates of Relief from Disabilities, which can help reduce legal barriers to employment for people with criminal records. They also offer information on unemployment insurance and other benefits.
- Labor and Employment Law Committees: This committee recognizes pro bono efforts through the Frances Perkins Public Service Award and supports community outreach initiatives. They welcome participation from those interested in getting involved in their initiatives.
In addition to these organizations, there may be other local or regional pro bono legal aid services available. For example, in Texas, there are several legal aid and pro bono services listed on the Justia Lawyer Directory.
It is important to note that pro bono legal aid may have specific eligibility requirements, and the availability of services may vary depending on your location. If you cannot find pro bono legal aid in your area or do not qualify for their services, you may need to consider other options, such as private practice lawyers.
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Frequently asked questions
Employment law refers to the legal rights of job applicants, current employees, and ex-employees, including rights against discrimination, minimum wage and hour rights, and wrongful termination protections.
If you believe your legal rights have been violated in an employment context, or if you are involved in a legal dispute with your current or former employer, you should consult an employment lawyer to discuss your options and protect your interests.
You can use online resources such as the FindLaw Lawyer Directory to find an experienced employment lawyer or law firm near you. Federally funded legal services and pro bono programs can also help connect low-income individuals with volunteer lawyers.
Employment law cases can vary in complexity and scope. Examples include wage and benefit issues, whistleblower actions, workplace safety concerns, harassment, and discrimination claims.
Yes, organizations such as the Legal Aid Society in New York and the Legal Aid Foundation of Los Angeles (LAFLA) offer legal services and resources to low-wage, unemployed, and low-income individuals facing employment law issues.
