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Labor & Employment Law

 

"Do not take advantage of a hired worker who is poor and needy, whether that worker is a fellow Israelite or a foreigner residing in one of your towns. Pay them their wages each day before sunset, because they are poor and are counting on it. Otherwise they may cry to the Lord against you, and you will be guilty of sin."  Deuteronomy 24: 14-15

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          You have the right to be paid fairly for an honest day’s work.  In the United States, regardless of worker immigration status, workers generally have enforceable Labor & Employment rights.  So, if you’re owed unpaid wages, then you can sue your employer in civil Court for those unpaid wages, regardless of your immigration status.  Depending on your case’s factual circumstances, you might also be entitled to statutory liquidated damages and attorneys’ fees under the N.C. Wage & Hour Act.  At The Law Offices of Peter D. Isakoff, we regularly help workers, especially immigrant workers, enforce their Labor & Employment rights.  We have the skills to achieve justice for wronged workers and obtain victories against bad employers.

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​What is Labor & Employment Law?

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          Labor & Employment Law is the body of law that governs the relationship between employers and employees (and sometimes independent contractors).  It covers topics like:

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  • Unpaid wages or overtime

  • How employees are hired, paid, treated, disciplined, and fired

  • Misclassification (employee vs. independent contractor)

  • Employee benefits and leave

  • Workplace discrimination, harassment, and retaliation

  • Whistleblowing

  • Wrongful termination

  • Failure to accommodate disability, pregnancy, or religion

  • Medical/family leave violations

  • Hostile work environment claims

  • Severance agreement disputes

  • Non-compete/confidentiality agreements

  • Workplace safety violations

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          To further delineate, “Labor Law” traditionally focuses on issues pertaining to unions and collective bargaining.  “Employment Law” more often focuses on individual employee rights.  But in practice, people often use the term “Labor & Employment Law” to mean both.

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          NC workers are protected by both federal and state law.   Claims are sometimes dual-filed with both state and federal agencies.  Federal agencies that enforce workers’ rights include: (1) the Equal Employment Opportunity Commission (EEOC), for issues of employee discrimination, harassment, and retaliation; (2) U.S. Department of Labor (DOL), for issues about wages, overtime, FMLA, etc.; (3) The Occupational Safety and Health Administration (OSHA), for workplace safety issues; and (4) the National Labor Relations Board (NLRB), for union and collective activity issues.

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          Employee wage disputes are some of the most common Employment Law cases.  But the most serious and complicated cases can also include additional claims, like discrimination, retaliation, and wrongful termination.  Thus, a bad employer could simultaneously defend both a private civil lawsuit and a state/federal agency investigation.  Generally, employees have the right to:

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          However, North Carolina is an “at-will” employment state, which means that employers can fire employees for almost any reason, except for illegal reasons or reasons contrary to public policy.  So, North Carolina has fewer worker protections than many other states, which can make federal employment legal protections especially important in NC cases.  But even in NC, employers cannot legally fire, discipline, or mistreat someone for discriminatory or retaliatory reasons, or for employees exercising their legal rights.

 

          At the North Carolina state level, the NC Department of Labor (NCDOL) addresses issues related to employee wages, safety, and youth employment.  Additionally, the NC Office of Administrative Hearings (Civil Rights Division) works with the EEOC on discrimination claims.  However, especially in standard wage disputes, state agencies often decline to investigate and/or prosecute, instead recommending the wronged worker pursue private civil litigation.

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          The North Carolina Wage & Hour Act, N.C. Gen. Stat. N.C. Gen. Stat. § 95-25.1, et seq., is a vital legal protection for unpaid N.C. employees.  A skilled Labor & Employment lawyer can help you enforce your N.C. Wage & Hour Act claims through a private civil lawsuit.  When an unpaid employee asserts N.C. Wage & Hour Act claims, that employee could also potentially recover “double” liquidated damages, plus the cost of their attorneys’  fees.  See N.C. Gen. Stat. § 95-25.22.  So, for instance, if you’re owed $10,000 unpaid wages, then your N.C. Wage & Hour Act claims could potentially be worth $20,000, plus your attorneys’ fees.

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​Why you need a skilled lawyer for your Labor & Employment case

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          Employment law is highly technical, full of deadlines and procedural traps, and often tilted in favor of employers who have defense lawyers on retainer.  Even before hiring a lawyer, you should make sure to document your entire Labor & Employment dispute, including things like: e-mails, texts, work schedules, paystubs, internal HR reports, etc.  A skilled Labor & Employment lawyer can help your case by:

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  • Identifying all your viable claims

  • Preserving your evidence

  • Meeting deadlines

  • Communicating strategically and negotiating from a position of strength

  • Valuing your case accurately/not undervaluing your claims

  • Spotting leverage you didn’t know you had

  • Pushing back against employer intimidation tactics

  • Avoiding mistakes that employers exploit

  • Structuring settlements to protect your professional future

  • Maximizing your compensation and non-monetary terms

 

          Importantly, being represented by a trusted and skilled Labor & Employment lawyer makes your employer take you more seriously.  When an employer sees a skilled and knowledgeable lawyer on your side with clear legal theories and properly-documented claims, your employer knows that you are serious about standing up for your rights.  Your employer will know that you understand your rights, and you are prepared to escalate your case if needed.  Simply put, with a skilled Labor & Employment lawyer on your side, your employer knows that their risk of liability is real.

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          Even when cases don’t go to court, good lawyering changes outcomes.  And if your case needs Court action, having a skilled lawyer is crucial.  Potential remedies that a skilled Labor & Employment lawyer could help you achieve include:

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  • Unpaid wages and Overtime

  • Back pay (lost wages)

  • Front pay (future lost wages)

  • Reinstatement (getting your job back)

  • Liquidated/Punitive damages (in some cases)

  • Attorneys’ fees and costs (in some cases)

  • Corporate policy changes and/or training requirements

  • Neutral or positive employment references

 

          The Law Offices of Peter D. Isakoff regularly handles Labor & Employment cases for wronged workers, especially immigrant workers.  We regularly achieve victory for our Labor & Employment clients, often against large and well-funded corporate employer/adversaries.  For help with your Labor & Employment dispute, get in touch with us today!  Contact The Law Offices of Peter Isakoff anytime, day or night, at (336) 863-8348 (Main) or (336) 864-9115 (Español).

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          DISCLAIMER: The above-referenced information is provided for informational purposes only. It is not offered as and does not constitute legal advice. The accuracy of the information may change pending changes in applicable law. If you have questions about a specific matter, you should contact a lawyer. The use of this article or any information provided in it does not establish any lawyer/client relationship.

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