QUESTION

pregnancy, hazardous duty, uncompensated training, etc... class action guidance requested

Asked on Dec 22nd, 2014 on Labor and Employment - North Carolina
More details to this question:
1-employees in their last months of pregnancy are forced to work entire shifts standing up. there are gas leaks in the laundry mat which managers overlook, but pregnant women must endure. dizziness and headache complaints abound. 2-employees work outside at temperatures below 32F. is there any hazard pay that can be demanded? 3- managers demand employees undergo work related training at home without mentioning compensation. 4-management is asking certain employees to take polygraph test in order to identify responsible party to an incident ($250 cash theft). can employee demand an attorney be present during polygraph? in order to defuse a "guilty until proven innocent" scenario? or employee record the polygraph session?? 5-excessive hiring of illegal workers with fake documentation possibly lending to employer abuse. is there an attorney who may assist with class action scenario?. large blue collar hispanic labor force involved. +/- 300 employee company (30% hispanic)
Report Abuse

1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
I will address each of your concerns by number that corresponds with the number you used. 1.  The law requires employers with 15 or more employees to not discriminate against pregnant employees.  However, the law does not require employers to treat pregnant employees better than non-pregnant employees. If an employer expects a non-pregnant employee to perform duties as part of the job, it can lawfully require a pregnant employee to perform the same.   2.  If you are over the age of 17, you can be required to work in unpleasant conditions.  Employers are not required to pay "hazard" pay.   3.  If employees are performing any work, including training, at the direction of the employer, the employee must be compensated for it if the employee is a non-exempt employee.   4.  In general, employers cannot require an employee to submit to a polygraph except in limited circumstances if there is an incident that led to an economic loss and there is reasonable suspicion the employee has caused the loss.  You can lawfully record any conversation you are a part of, but the employer can lawfully terminate you for such recording.   5.  The government may be interested in the employer's hiring practices if they are in violation of our immigration and work laws, but it does not allow you to make a legal claim for it.   6.  I see no "class action" claim in these facts.
Answered on Dec 24th, 2014 at 12:53 PM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters