How Do I Know If My Employer Is Treating Me Fairly?

Workplace discrimination lawyers represent employees who have been mistreated, paid unequally or discriminated against because of their race, gender, sexual orientation, age or religion. Fair treatment in the workplace is not a perk or benefit. In a lot of cases, it’s the law. There are legal ramifications to an employer treating his or her employees unfairly because they have differences. If you are feeling mistreated or wondering if your employer is legally acting fairly, here are a few areas you should consider.

Fair Payment For Work

A lot of workplace issues involve employee wages and benefits. Laws regarding minimum wage, equal pay, overtime payment and more regulate how an employer can pay their employees. Employers who do not comply with these laws may be held liable for wage theft. The Department of Labor outlines many of the federal laws governing fair pay concerns. Iowa also has a specific law addressing wages known as the Iowa Wage Payment Collection Act.

Gender Gap

While being treated equally does not always mean being treated the same, it does mean being given the same opportunities with the same intentions. This may look different in specific situations or for specific individuals. However, the general law remains the same: equal pay for equal work. Time and again we see women, doing the same job with the same responsibilities and qualifications as their male counterparts but being paid less. This is illegal and, as workplace discrimination lawyers, we have brought these cases to court and won.

Policies and Outcomes

From hiring to departure, and all the days in between, employers cannot have different rules for different employees based on race, gender, sexual orientation, age or religion. Employers do not have to treat every employee the same and always act fairly towards every employee, but an employer cannot treat an employee different because they are in a “protected class” meaning because of their race, their gender, their age, the sexual orientation or their religion.

Channels to Be Heard

Part of being treated fairly is the opportunity and freedom to speak up when an employee feels uncomfortable, harassed or treated unfairly. Laws that prohibit discrimination also prohibit an employer from retaliating against an employee because they make a complaint about discrimination. This includes making a complaint to the employer, making a complaint to the EEOC or the Iowa Civil Rights Commission or filing a lawsuit.

Harassment

The stories of sexual harassment in the news are shocking for some but for many women across many industries these stories are not news. They are all too aware of the pervasiveness of sexual harassment in the workplace. While sexual harassment is far too common, it is ILLEGAL.

Every employee deserves to be treated fairly by his or her employer. A workplace should be a place of growth and equality. If you have questions or feel that you are being treated unfairly in your workplace, contact a workplace discrimination lawyer today.  You can call us at (319) 826-2250 or fill out our contact form.

Working Hard for Their Money: How Iowa Employment Law Protects Employees from Wage Theft

Iowans are known for their work ethic and so it’s particularly disturbing when an employer doesn’t pay an employee the wages they’ve earned. This is known as wage theft. Iowa employees are protected against wage theft both through a federal law known as the Fair Labor Standards Act (FLSA) but also through an Iowa law known as the Iowa Wage Payment Collection Act, Iowa Code Chapter 91.A. Unfortunately, a lot of employees don’t know their rights under these employment laws.

The FLSA requires that most employers pay employees minimum wage for hours worked and also requires that employers pay employees one and a half times their regular hourly rate for hours worked over 40. The FLSA also requires that employers count time spent performing certain work as hours worked and prohibits agreements between an employer and an employee to pay the employee less than minimum wage or not to pay the employee overtime owed.

The FLSA requires that employers pay employees for time spent doing things that are “integral and indispensable” to the employees’ work activity. This can include time spent putting on specialized protective equipment and then walking to the employee work station and time spent traveling between worksites. One of the most famous FLSA cases about these issues came out of Iowa—Tyson Foods, Inc. v. Bouaphakeo was an Iowa case that went all the way to the US Supreme Court. That case was a class action where employees of the Tyson Meat Packing Plant were awarded back pay, including overtime owed, for time they spent “donning and doffing” protective equipment.

In addition to the FLSA, Iowa employees’ right to wages is protected by the Iowa Wage Payment Collection Act. The Iowa Wage Payment Collection Act requires that an employer pay wages due on regular pay days and that an employer pay the employee all wages on the first regular pay day after the employee’s termination of employment. Many employers violate this law by withholding an employee’s last paycheck or by deducting expenses from a paycheck that are not permissible. Iowa law prohibits an employer from withholding wages for the following:

1. A cash shortage unless there is a written agreement;

2. Losses of the employer due to customer non-payment, breakage or bad checks;

3. Lost or stolen property;

4. Tips/gratuities received by the employee;

5. Protective equipment; and

6. Costs of more than $20 for employee relocation expenses.

The Iowa Wage Payment Collection Act also prohibits an employer from withholding employee wages because they believe they have a claim against that employee.

Both the FLSA and the Iowa Wage Payment Collection Act allow an employee to recover back wages along with liquidated damages and attorneys’ fees and expenses—meaning that if an employer violates one of these laws they wind up paying more than they would if they had simply paid the employee what was owed.

If you have questions about whether your current or former employer has violated employment laws, you should speak with an Iowa employment lawyer to determine if you have a case. Please call us at (319) 826-2250.

Wage Theft - How your employer may be stealing from you without you even knowing.

A number of recent class action lawsuits brought by employees against their employers have called attention to the long-time problem of wage theft. Wage theft occurs when an employer fails to pay an employee all of the wages earned by the employee and can happen in any industry and to all types of employees. Here are a few common types of wage theft to watch out for:

1. Working off the clock: Some employers may require employees to work before or after their scheduled hours doing things like putting on required protective gear, cleaning up or completing required paperwork, but will only pay the employee for the scheduled shift. 
2. Failing to pay overtime: The Fair Labor Standards Act requires employers to pay non-exempt employees time and a half for hours worked over 40. Some employers will fail to pay the increased rate for overtime or may incorrectly classify employees as exempt in an attempt to avoid paying overtime. 
3. Failing to pay for travel time: Employers are required to pay employees for certain travel time. However some employers refuse to do so. 
4. Failing to pay for training time: Employers must pay employees while attending certain training sessions that are required by the employer. 
5. Withholding pay: Some employers may take impermissible deductions from an employee paycheck or may withhold an employee's last check.

For Iowa workers, there are two laws aimed at protecting employees from wage theft—The Fair Labor Standards Act and The Iowa Wage Payment Collection Act. Often, claims for wage theft are filed as class action lawsuits on behalf of all employees of an employer who have been a victim of the theft. Earlier this month, the US Supreme Court heard arguments in a series of cases involving whether employers can include arbitration agreements and class action waiver in their employee agreements. The Court has not yet issued a ruling, but you can read more about the case here. 

If you believe your employer has committed wage theft and you would like to discuss whether you have a claim against your employer, please call our office at (319) 826-2250. 

Equal Pay for Equal Work: How our clients' fight to be paid what they were owed helped all women in the battle to close the gender pay gap

It was 2011 when I first met the three women who I would end up representing for nearly six years. These women came to me after they learned that they were being paid substantially less than the men who were performing the same job at a large furniture manufacturer in Muscatine, Iowa. All three women were managers working in a male dominated workplace. They were like a lot of women I know—smart, hard-working and dedicated employees. Still, they were being paid less than men for doing the same work. 

We brought claims under the Iowa Civil Rights Act, the Equal Pay Act and Title VII. In 2015, before the trial, the case went to the Iowa Supreme Court to answer a certified question about the time period for recovering damages under the Iowa Civil Rights Act. 

We held a jury trial in Davenport, Iowa, in the summer of 2015. The jury was made up of both men and women, and the jury found in favor of our clients for all of the equal pay claims. The jury also found that the employer's conduct was willful and awarded punitive damages. Throughout discovery in the case, we learned that all of the women managers at the manufacturing plant were being paid less than men performing the same work and we were able to present that evidence to the jury. 

The employer then appealed the case to the 8th Circuit Court of Appeals. On April 3, 2017, the 8th Circuit ruled in favor of our clients. The ruling can be found here. The Court held that the employer had failed to show that economic conditions were the reason for the pay difference. The Court also held that evidence of the other women managers who were being paid less was admissible. As discussed by Bloomberg in an article discussing the ruling, the Court also held that Department of Labor audit results were not admissible. We believe these victories will help women employees in future cases to successfully prove their claims of wage discrimination.

Throughout the six years that we worked on this case, my clients stood strong in their belief that they and all women should be paid equally. They brought the same level of dedication to this case that had allowed them to advance to management in a male-dominated field. This case proves that we really can change the workplace for the better—one case at a time. 

UBER Sexual Harassment Allegations are a Wake-Up Call for the Tech Industry

The assertion by a former Uber employee that she was sexually harassed by her supervisor and then ignored by the human resources department has brought much-needed attention to a continuing problem in the tech industry - sexual harassment and sexual discrimination.

On February 19, Susan Fowler, a former engineer at Uber published a blog recounting her experience at Uber, including being sexually propositioned by her boss. While this is certainly a disturbing set  of facts, perhaps more troubling is Ms. Fowler's description of what happened when she took her complaint to the human resources department. Ms. Fowler was advised that, while she clearly had been the victim of sexual harassment, her boss would only be given a warning despite multiple complaints from different women, because he was "a high performer." She was also advised that she (and not the harasser) could change jobs or alternatively that she would need to learn to deal with the harassment and the likelihood that she would be retaliated against for complaining.  

Ms. Fowler's now widely read post has resulted in numerous women working in the tech community sharing their own similar experiences. The LA Times reported that a 2015 survey had found that 60% of women in the tech industry have experienced unwanted sexual advances from a colleague and that a 2008 study found that 50% of women working in the tech industry will leave an employer at some point in their career because of a hostile work environment. 

Many tech companies hold themselves out to be very employee focused and so it is particularly disappointing that sexual harassment and sexual discrimination are pervasive among tech-based employers. Equally as disappointing is the practice of human resources departments turning a blind eye to complaints about employees if they are high performing. 

Ms. Fowler's blog has raised awareness at Uber, including prompting an independent investigation that will be conducted by former US Attorney General Eric Holder. Ms. Fowler's story also highlights why so many victims of sexual harassment remain silent. While sexual harassment is clearly illegal, some HR departments punish the victim instead of the perpetrator.

It is important for women to know that Title VII and most state civil rights acts, including the Iowa Civil Rights Act, prohibit conduct like Uber's. Complaints of sexual harassment must be adequately investigated when reported and retaliation against an employee who makes a complaint is explicitly prohibited.  Women who are being sexually harassed or who have suffered retaliation as a result of making a complaint about sexual harassment and are concerned about making a complaint should contact an employment lawyer to discuss their options. 

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Equal Pay for Equal Work - What Every Working Woman Needs to Know

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Women employee's contribution to the workplace is "immeasurable" as Forbes recently reported. "Women learn to do more with less, they are resourceful, and develop a unique political awareness." Despite the significant value that women workers bring to the workforce, in 2015 the AAUW reported that women were still only making 80% of what their male co-workers were making for the same job! At the current rate of improvement, women are not expected to reach pay equity until 2059. My daughter will be nearing retirement age by then!  The gender pay gap raises great concern among working women, but there are a few key things that as an employment lawyer, I believe every working woman should know. 

1. Equal pay for equal work is the law. The federal Equal Pay Act, Title VII and Iowa's Equal Pay Act require that employers pay men and women equally if they perform substantially similar work. The work does not have to be identical and it does not matter if the employees have different job titles as long as the work is substantially similar. 

2. All claims for discriminatory pay have a time limit to file a claim. The Iowa Equal Pay Act and Title VII require employees to file a complaint with the EEOC or Iowa Civil Rights Commission within 300 days of receiving the last discriminatory paycheck. The Equal Pay Act has a 2 or 3 year statute of limitations and does not require a filing with the EEOC, but has limits on the amount of damages recoverable. If you think you may have a claim and are concerned about these time limits, you should speak with an employment lawyer. 

3. It's against the law for your employer to fire you for making a claim of discriminatory pay. Title VII, The Iowa Civil Rights Act and the EPA all prohibit retaliation by an employer for making a complaint of discrimination. Retaliation includes not only firing but other actions by an employer that negatively impact your employment. 

4. Executives and women in leadership roles are more likely to be paid less than men in the same roles. You may assume that because you have advanced to a leadership role in your organization that you are not being paid unfairly, but the opposite is true. The Harvard Business Review reported that the pay gap widens for executive women, women with children and women with advanced degrees. 

5. You can help close the pay gap for yourself and others. I believe that the most effective way for women to address the gender pay gap is to do everything in their power to make sure they are being paid equally as their male co-workers. If you know that you are not being paid fairly or suspect that is true you should raise the issue with your employer. If you continue to be paid unfairly or have left an employer where you were paid unfairly, you should talk with a lawyer and consider bringing a claim against your employer. Equal pay claims have different legal standards from other types of discrimination that can make it easier to prove claims based on unequal pay. 

Women employees know they are just as valuable to their employers as their male co-workers. They deserve to be paid the same. It is not only what is fair, but it is the law. 

“Imagine you’re a little girl. You’re growing up. You practice as hard as you can, with girls, with boys. You have a dream. You fight, you work, you sacrifice to get to this stage. You work as hard as anyone you know. And then you get to this stage, and you’re told you’re not the same as a boy. Almost as good, but not quite the same. Think how devastating and demoralizing that could be.”

— Venus Williams

The information on this page is intended to be helpful but should not replace formal legal advice. If you would like to speak with an Iowa employment lawyer about a potential claim for discriminatory pay, please call us at (319) 826-2250. 

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