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Sexual Harassment & Other Improper Harassment-Title VII & State Law Claims

We have reached a turning point when it comes to the issue of sexual harassment. Persons in power are properly being called out and are being held accountable for harassing behavior, particularly when it comes to sexual harassment towards women. This turning point has been too long in coming.

If you have been sexually harassed at work, Foley & Small can help. Whatever the setting – an office, a production line, a restaurant, a hospital, in retail, and government – whatever the job, you should not be harassed.

Sexual Harassment is one of a variety of different types of harassing behavior that can occur at work which is unlawful under federal law. Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA). Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Foley & Small is experienced in handling sexual harassment and other improper harassment claims.

Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws. Petty slights, annoyances, and isolated incidents (unless serious and impactful) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people. Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.

There are variety of remedies available to those who have been a victim of harassment. They include, but are not limited to, damages for physical touching, insult and assault; monies for loss of pay and orders that corrective measures be taken to ensure that such conduct does not occur in the future. Foley & Small can assist the victim of harassment in bringing an end to such behavior.
Harassment claims can be terribly difficult and can result in great harm, not to mention emotional turmoil. Let Foley & Small lend you a helping hand. We can help you raise your voice so that such conduct ceases and that women and others no longer be subject to such hurtful behavior.

Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. The federal minimum wage provisions are contained in the FLSA. The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. Indiana’s minimum wage follows the federal standard. Some states have a minimum wage law higher than the federal standard. The federal overtime provisions are also contained in the FLSA. Unless exempt, employees covered by the FLSA must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the FLSA on the number of hours employees aged 16 and older may work in any workweek. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.

Generally, employers must pay tipped employees at least $2.13 per hour if the employer claims a tip credit. If the employee’s tips combined with the hourly wage do not equal the minimum wage, the employer must make up the difference. Indiana employers may pay $4.25 per hour to employees under 20 years of age for the first 90 consecutive calendar days after the employee is first employed.

The FLSA applies on a workweek basis. An employee’s workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.

However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department of Labor’s regulations.

Indiana Wage Statute

Indiana Wage Statute requires employers to pay their employees on a timely basis. If an employer fails to do so, the employee can recover up to twice the wages due and the attorney’s fees incurred in the effort to obtain payment of the wages due. Wage recovery is not limited to the wages or salary due, but also includes payment of vacation pay, bonuses and commissions.