Employment Law

Common Employment Law Violations

Both federal and state laws set strict standards to protect workers, but employers frequently bend or break these rules. The Fair Labor Standards Act (FLSA) ensures minimum wage and overtime pay, while the West Virginia Human Rights Act (WVHRA) guard against discrimination. Despite these protections, violations are all too common, especially when employers think you won’t push back.

Five common employment law violations include:

1. Unpaid Wages or Overtime: Failing to pay minimum wage ($8.75/hour in WV, $12.00/hour in VA) or overtime at 1.5 times your rate for hours over 40.
2. Discrimination: Treating employees unfairly based on race, sex, age, disability, or other protected traits.
3. Wrongful Termination: Firing someone for illegal reasons, like reporting safety violations or taking lawful leave.
4. Harassment: Allowing a hostile work environment, including sexual harassment or bullying.
5. Retaliation: Punishing workers for filing complaints, joining unions, or exercising legal rights.

Employers often rely on intimidation or your lack of legal know-how to get away with these actions. That’s where our West Virginia and Virginia employment lawyers step in. With decades of experience, we’ve taken on coal mining companies, healthcare providers, and other tough opponents, securing justice for workers just like you. We’re not afraid to go toe-to-toe with anyone who violates your rights.

Employment Law Strategies to Consider

You have more options than you might think when facing workplace injustice. Employers don’t want you to know how to fight back, but with our guidance, you can level the playing field. At Katz, Kantor, Stonestreet & Buckner, we craft personalized strategies rooted in West Virginia and Virginia employment laws, ensuring you get the best possible outcome.

Here are two key employment law strategies:

• Filing a Discrimination or Retaliation Claim: If you’ve faced unfair treatment, you can file with the Equal Employment Opportunity Commission (EEOC) or state agencies like the West Virginia Human Rights Commission. In Virginia, the expanded Virginia Human Rights Act (covering employers with 5+ employees) offers a strong avenue for justice. We’ll guide you through the process, ensuring deadlines are met and evidence is solid.
• Pursuing Wage Theft Claims: Under the West Virginia Wage Payment and Collection Act or Virginia’s Wage Theft Law, you can recover unpaid wages, overtime, and even penalties. For example, if your final paycheck wasn’t paid by the next payday in West Virginia, or if Virginia employers misclassified you to avoid overtime, we can fight for what’s owed—potentially with treble damages in Virginia.

Other options include negotiating severance agreements, challenging at-will terminations under public policy exceptions (e.g., Harless v. First National Bank in WV), or addressing workplace injuries tied to coal mining or gas industries—areas where our regional expertise shines. Whatever your case, we’ll craft a plan that works for you.

Why Choose Us for Employment Law Representation?

With over 90 years serving West Virginia and Virginia, Katz, Kantor, Stonestreet & Buckner isn’t just another law firm—we’re a trusted ally. Our deep community ties, from Bluefield to Morgantown, give us unmatched insight into the region’s workplaces, from rural coal towns to urban centers. Unlike big-city firms or national chains, we offer personalized service: free consultations, weekend/evening appointments, and even travel to you if you can’t come to us. Our attorneys’ roots in southern West Virginia mean we understand the people and industries we serve, making us uniquely equipped to handle your case.

We’ve built a reputation for taking on tough opponents—whether it’s a corporation denying overtime or an insurer dodging a workplace injury claim. Our compassion sets us apart too; clients praise our “kindness and care,” a rarity in an industry that can feel cold and impersonal. When you work with us, you’re not just a case number—you’re part of the family we’ve been fighting for since 1931.

Defend Your Workplace Rights – Call Now

Employment law issues can feel overwhelming, but you have rights—and we’re here to enforce them. Whether you’re in Princeton, Bluefield, Charleston, Beckley, or anywhere across West Virginia and Virginia, our employment law attorneys bring local knowledge and a fierce commitment to your side. We take pride in supporting workers when they need it most, offering the same compassion and tenacity that have defined our firm for over 90 years.