Five Industries with the Most Sexual Harassment Claims

Not surprisingly, some industries and jobs see a higher number of sexual harassment claims. While one may immediately think of jobs like the military, law enforcement, or other male-dominated workplaces, according to recent reports by the Equal Employment Opportunity Commission (EEOC), the following are the five industries with the most annual claims for sexual harassment. According to EEOC data, about 30% of all complaints brought before the commission are based on sex or gender discrimination.

Hospitality

Vox reports that data from the EEOC shows about 14% of claims were brought by members of the hospitality industry. This includes food service, hotels, and other service industry jobs. While there are perhaps a number of complex reasons for this statistic, it likely has something to do with sheer numbers. It is a big industry, there are a lot of people working in these jobs, and although sexual harassment claims can be made by women and men alike, 74.4% of claims in 2014 were filed by women.

Hospitality is still a female-dominated industry, meaning there is just a statistically higher probability of sexual harassment claims in this industry. Of course, these jobs are also more likely to involve late nights, alcohol, and other factors that may increase the likelihood of inappropriate relationships forming in the workplace.

Retail

Retail jobs made up about 13.44% of the claims. Much like hospitality jobs, this field often requires odd shifts, late hours, and younger, less experienced workers and supervisors. These things tend to result in poor decisions and less accountability.

Manufacturing

A largely male-dominated industry, manufacturing involves shift work, late nights, and women working side-by-side with male counterparts. Manufacturing accounted for 11.72% of the claims filed with EEOC.

Healthcare

An ever-growing industry that has fairly equal representation between men and women, healthcare ranks fourth on the EEOC’s list of industries for sexual harassment claims. It is difficult to know exactly why so many healthcare workers claim discrimination and harassment each year, but it may again have something to do with the close proximity in which people work, the late or variable shifts, or the high-stress atmosphere. These things can lead people to develop unhealthy workplace behaviors that can go unchecked or unnoticed by management.

Administrative Support

A blanket term for secretarial, office workers, and other general clerical workers, this industry makes up a significant percentage of all American office jobs.  Employees who directly support professionals (e.g. secretaries, assistants, receptionists, etc.) are often the subject of harassment and discrimination by superiors. Many times, discrimination comes in the form of quid pro quo (or “this for that”) types of arrangements, whereby a person in a position of authority makes it clear that the job or pay increases are “conditioned” upon improper sexual favors or silence.

Are You Suffering From Workplace Discrimination or Harassment?

If you or someone you know is being sexually harassed or discriminated against on the basis of race, color, religion, sexual orientation or identity, gender, or any other federally protected status, you should contact a Birmingham employment rights attorney right away. Federal law protects workers from this type of behavior, and you may even have a right to be compensated for your lost income if you are fired or denied a promotion for these reasons. Call Fonteneau & Arnold, LLC to learn more today.

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What is USERRA and How Does it Protect My Job?

Reservists and National Guard members serving in the U.S. Armed Forces can face a lot of challenges when it comes to maintaining civilian employment. Employers often want the skills and experience that service members bring to the job, but deployments and annual training drills can be a struggle for employers. Fortunately, federal law protects members of the Armed Forces. Alabama employment attorneys want you to understand your rights when it comes to military service and private employment.

What is USERRA?

You may have heard of the federal law, but do you really know what it does? USERRA is short for the Uniformed Services Employment and Reemployment Rights Act, and it prohibits employers from discriminating against employees (and applicants for employment), simply on the basis of military service.  The law is designed to ensure that a member of the Armed Forces can maintain his or her job in the civilian world, regardless of the need to mobilize in support of military duties.

The law is extremely complicated and has many nuances and exceptions, but in general, it accomplishes three things:

• It protects service members against discrimination for employment, retention, advancement, benefits, and re-employment after returning from military service
• It requires employers to give you up to 24 months of health insurance upon going on military leave
• It makes clear that military service takes priority over private employment

To Whom Does USERRA Apply?

As a general rule, USERRA applies to all employers, no matter how small. Even a mom and pop shop with one employee is governed by the law. Unlike most federal wage discrimination laws and state labor laws, there is no industry restriction or size limitation; all employers are required to comply. Members of the Armed Forces who are over 40 years of age are also protected by the Age Discrimination in Employment Act.

Common Ways Employers Violate USERRA

Every year, thousands of USERRA complaints are made to the Department of Labor, and many of them involve very similar violations, such as:

• Refusing to hire a reservist
• Taking away seniority after a deployment
• Not providing health insurance while on military leave
• Refusing promotions or advancement due to military status
• Not letting a reservist or Guard member return at the same job or pay rate after military leave

Enforcing a Service Member’s Rights Under USERRA

Unlike almost all other federal causes of action, there is no deadline on filing a lawsuit against an employer who discriminates against a member of the Armed Forces under USERRA. That said, if you are fired because of your attendance at military drills, or you suffer any other adverse employment consequences due to your military service, then you should immediately contact an attorney who understands this complex federal law.

The attorneys of Fonteneau & Arnold, LLC have decades of experience helping workers enforce their rights under state and federal law. If you have been the victim of a USERRA violation, and you believe your employer has discriminated against you on the basis of your military service, you may have a right to bring a civil lawsuit against the employer to recover for lost income, lost benefits, and other damages. Call or visit our firm online to learn more and get the help you need.

 

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What to Do If Your Boss Makes You Falsify Time Entries

Under federal law, employers are required to keep accurate records of employee labor. This is because the law also has rules pertaining to what an employer must pay an employee, such as minimum wage and overtime. Birmingham labor law attorneys routinely meet clients who have been cheated out of their earnings due to unscrupulous employers hiding or mishandling payroll information. One clever trick some employers use is to have an employee falsify time entries. Then, if that employee complains, the employer fires the employee, alleging the termination is because the employee was breaking the law by lying about his or her hours. It is dirty, and it is unlawful. Here is what you should know about timekeeping standards and federal law.

Fair Labor Standards Act

Under the Fair Labor Standards Act (FLSA), employees are guaranteed minimum wage and overtime pay, where eligible and qualified under the law. An employer is prohibited from “reducing” or in any way capping overtime pay. Put another way, if you work the hours, you get the pay. An employer does not have to let you work more than 40 hours per week, but if you do, then you have a right to be paid the applicable time and a half rate for those hours.

How Employers Use False Time Entries to Avoid Overtime Pay

An employer might create this unlawful situation by first asking employees not to ‘go over their hours.’ This is code for ‘we do not want you to work more than 40 hours.’ This is perfectly fine. However, over time the employer might begin noticing that the business sometimes requires more hours. The employer may begin asking employees to ‘carry over hours.’ This is code for “falsify your time entries so we do not have to pay overtime for your extra hours.”

If an employee works 35 hours one week then 45 the next, the employer may try to have the employee shift the five extra hours to the first week, thereby making three 40-hour work weeks, when in truth, the employee is probably due five hours of overtime pay for the week he or she worked more than the regular 40. This is unlawful.

Keep it in Writing

If your employer is forcing you to falsify time sheets or electronic time entries, first speak to an experienced labor law attorney near you. Most of the time, you will want to get your supervisor on the record in writing.

Employer’s Record Keeping Duties

Employers must keep payroll records for at least three years. Time entries must be kept for two years. There is no specific form of record keeping required, but there must be adequate information to record the hours worked and rate of pay.

Department of Labor Wage and Hour Division

If you are receiving illegal or inadequate compensation for your work, you may have a claim for the wage violations. These types of claims are brought before the Department of Labor’s Wage and Hour Division.

Being Represented by an Attorney in Your Wage Claim

Fonteneau & Arnold, LLC have over 20 years of combined experience helping Alabama workers just like you. From wage and labor violations to unfair or illegal terminations, we fight to protect hard-working people who just want to be treated fairly by their employers. Call or visit us online to learn more or schedule a consultation to review your case today.

 

 

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