THE EMPLOYMENT LAW GROUP

SMART. PASSIONATE. DETERMINED.

Deciding to file a claim against your employer or other large corporation can be intimidating. It may feel overwhelming. Our team of dedicated employment attorneys in Nashville understand the daunting feeling that can come along with involvement in a legal dispute. That’s why we are passionate about helping people understand their rights in the workplace as an employee.

At The Employment Law Group, our firm is committed to standing up for the “little guy” men and women in the workplace who have not been paid all the money they are legally owed; suffered from illegal discrimination or harassment at work; been mistreated for refusing to take part in their employer’s illegal practices, or taken advantage of by companies engaging in unethical business practices.

Protecting the rights of employees is all we do. We are not an over bloated law firm who practices every type of law you can imagine- instead our philosophy and goal is to provide excellent legal service for employees.

If you have questions about your rights as an employee, we are here to help.

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Our employment attorneys in Nashville are experienced in handling workplace discrimination and harassment cases. We are committed to standing up for small businesses who need legal guidance or employees who have been harassed by unethical business practices.

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Tennessee employers cannot discriminate or harass under the Title VII of the Civil Rights Act of 1964 or violate wage and hour laws established by the Fair Labor Standards Act (FLSA). Those who do can be held accountable for their actions.

If you are facing an employment issue, contact an experienced Nashville employment lawyer. Let us evaluate your situation and determine what legal courses of action might apply so that you can make an informed decision about what is best for you.

Employers Must Follow Title VII & FLSA Laws

Tennessee employers must follow many laws when it comes to employment issues, but those established by Title VII and the FLSA are often the most misunderstood and violated:

  • Title VII of the Civil Rights Act. Under Title VII of the Civil Rights Act of 1964 and similar Tennessee laws, employers are prohibited from discriminating against employees based on age, citizenship, color, genetic information, national origin or ancestry, physical or mental disability, race, religion or creed, sex, or veteran status. Title VII places harsh penalties on employers who discriminate against anyone in a protected class.

Tennessee employers can also be held liable for creating a “hostile work environment” which includes engaging in:

  • Actions or behaviors which discriminate against a protected class of employees (from the list above)
  • Behaviors or communications that are severe, pervasive, long lasting, and amount to more than just an annoyance or bad taste (such in telling one “off-color” joke). In other words, it must significantly affect an employee’s efforts to perform their job.

To be actionable, the issue must generally become significant and pervasive enough to report to Human Resources and the company does little or nothing to stop the actions.

Employees who have been discriminated against can sue their employers and receive compensatory damages for out of pocket expenses such as getting therapy and related medical costs due to stress, loss of enjoyment of life, mental anguish, the time and costs associated with looking for another job, lost career opportunities within the company, and punitive damages in cases of intentional discrimination where an employer knew that its actions were illegal, but engaged in them nonetheless.

  • Under the FLSA, Tennessee employers are required to pay most employees $7.25 per hour and 1 ½ times their regular rate of pay for any hours they work over 40. In addition, the FLSA forbids employers from misclassifying employees, failing to pay overtime, and refusing to pay for all work performed:
  • Misclassifying employees. There are two classifications of employees under the FLSA – exempt and non-exempt. Exempt employees generally have managerial duties and are paid on a salary basis regardless of how many hours they work in a given week. Non-exempt employees generally do not have managerial duties, are paid an hourly wage, and must be paid overtime when earned.

Misclassifying Employees

Employers often misclassify non-exempt employees as exempt employees. Whether mistakenly or intentionally, misclassified non-exempt employees fail to receive the overtime they deserve – and employers can be forced to reclassify them and pay them for the overtime they are due.

  • Refusing to pay overtime. Employers often refuse to pay for overtime. Again, whether mistakenly or intentionally, non-exempt employees are entitled to receive overtime when earned and employers can be forced to provide back pay and change their policies.
  • Failing to pay for all work performed. Employers often fail to pay non-exempt employees for work done “off the clock.” However, any work a non-exempt employee performs which benefits their employer is compensable – even when done after normal business hours.

Employees can file lawsuits to recover damages when an employer violates the FLSA. In addition, employers are also subject to paying large, fines and being subjected to investigations and monitoring by the U.S. Department of Labor (DOL).

Contact a Nashville Employment Attorney

If you believe your employer has violated Title VII of the Civil Rights Act, the FLSA, or a similar state employment law, contact an experienced Nashville employment lawyer today. Let us review your situation and determine your right to receive compensation.

Making complaints against employers may seem like a daunting task – especially when an employer has already exhibited unscrupulous behavior. However, employers cannot retaliate against employees for exposing Title VII or FLSA violations without facing severe penalties.

If you are uncertain as to whether your employer may have violated these laws, contact us to schedule a free, no obligation, and strictly confidential consultation.

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Steps of Success 5K

At the Employment Law Group, we support our community’s youth and their aspirations. To help benefit inner city youth in our community, we were proud to sponsor this year’s Steps of Success 5K. The race proceeds supported scholarship and mentoring programs. To learn more about the cause, please visit our Steps of Success 5K page.

Local Veteran Hero Nomination

Veterans are brave and selfless individuals who dedicate their time to fighting for our country. We appreciate the time and services that these individuals provide to protect their families, friends, and communities back at home. The Employment Law Group needs your help identifying local veterans in our community who deserve recognition. Visit our Local Veteran Hero Nomination page for more information on how to nominate a veteran in our community.

LOCATIONS WE SERVE

We provide Employment Law services to locations throughout Tennessee and Kentucky. Here are a few of the major cities we serve:

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