Employees Beware: Four Areas to Monitor
by Benson Bingham Real Attorneys. Real Results.The unemployment rate is the lowest it has been in two
decades, and right now there are more job openings nationally than there are
unemployed people actively seeking work. Nevada’s unemployment rate is about a percentage
point higher than the national rate, but we have come a long way since the
Great Recession devastated the Nevada economy from Hawthorne to Henderson.
Observers have been puzzled as to why wages are not rising rapidly during a
period of such robust employment, and workers should know this is the best
opportunity they have had in years to ask for a salary increase. While you work
up the nerve to have that conversation with your boss, keep an eye on these
four aspects of your work-life to make sure you’re being treated fairly.
Count Your Hours
With the availability of smartphones these days, you can
keep a cloud-based spreadsheet of your work hours right in your pocket. This is
a very sound practice for hourly employees and it doesn’t hurt for salaried
folks, either. Clerical mistakes or – in some workplaces – shady practices can
lead to small hours-shaving that can cost you big in the long run. Counting
your hours in a separate document helps guard against this potential abuse and
makes it easier for you to project your income and household budget. If you
believe that you have been the victim of wage theft, the Las Vegas Workers
Center can provide advice and referrals.
Employee or Not?
If your employer has extolled the benefits of being an
“independent contractor,” be wary. Employers often emphasize the ability to
deduct work expenses and “choose your hours” when you work for them as an
independent contractor. But those same employers often impose strict
requirements on the nature of your work, making you an employee by a different
name. This has several benefits for employers: wage and hour regulations may
not apply, they can get out of paying the employer’s share of federal taxes,
and they can cut costs on benefits and workers' compensation insurance.
So-called workmans' comp is funded in various ways; in Nevada, employers pay
insurance premiums to private companies based on the number of workers, the
industry, and other factors. If your employer is wrongly characterizing you as
an independent contractor, they might not be paying the appropriate amount for
worker’s compensation insurance. If you have concerns about a worker’s
compensation issue in your Las Vegas workplace, contact Benson & Bingham or
another reputable southern Nevada worker’s compensation law firm for advice.
Paid Leave: Take It,
Don’t Leave It
When you are hired, make sure that you understand how paid
time off (PTO) accumulates, whether it expires at any point, and what is done
with such hours when you separate from the company. You want to know this
information when relations are positive with your employer so that, if things
end badly, you will know what rights you need to defend. After many years of
service, some employees feel a sense of loyalty that can prevent them from
“cashing in” on the paid leave they have earned. Don’t forget: that paid leave
accrued as an alternative to a higher wage. If your sense of duty doesn’t make
you want to forfeit annual raises, don’t let it trick you into foregoing your
duly earned PTO! Also, make sure you understand the Federal Medical Leave Act,
which generally applies to employers with 50 or more employees. This law can
protect your job if you take unpaid time off for certain family care needs. To
learn more about Nevada paid leave worker protections, contact the Nevada Labor
Commissioner or visit workplacefairness.org.
Discrimination
The final area to watch for is unique to historically
subordinated and marginalized groups including women and people of color:
discrimination. (While federal law is in flux on this topic, Nevada law
regulates discrimination on the basis of gender identity and sexual
orientation). Discrimination can arise at any point during the employment
relationship: hiring decisions, pay disparities, harassment and hostile work environment,
enforcement of workplace policies, allocation of promotions and other benefits,
and in firing. Several Las Vegas law firms specialize in employment
discrimination cases and can counsel you on fair employment issues at their
offices in Henderson, North Las Vegas, and throughout Clark County.
Sponsor Ads
Created on Apr 19th 2019 19:11. Viewed 270 times.