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United States Employment & Labor Legal Questions answered by Lawyers

Browse our 4 legal questions about Employment & Labor in United States and the lawyer answers, or ask your own questions for free.

Do I have a discrimination case
Employment & Labor
Everything was good at work then I have an accident and cracked my spine and need surgery and off for a year. They didn’t want me back b.c I was a liability. I was getting written up all the time after I came back. Hit the 2 year mark back... Read more →
Lawyer answer by mohammad mehdi ghanbari

Hello, I read your post and I am sorry to hear about the difficult situation you've been through with your employer following your accident. Returning to work after such a serious injury only to face disciplinary action and termination sounds...

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1 answer
Can I still file a lawsuit?
Employment & Labor
If I did not file an EEO in a timely manner because I was not aware. Can I still file a lawsuit?
Lawyer answer by Islaw - Expert Lawyers

Hi, Typically, you must file an EEO complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days from the date of the discriminatory act. However, if your employer is a state or local government entity, you have 300 days...

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1 answer
Hi, I like to get the information about my deceased sister government pension in Sind Govt.
Elder Law Will & Testament Employment & Labor
I am living in usa and my sister was the govt employee in pakistan about 25 to 27 years. she was unmarried and my parents also passed. I like to know who will the benifits after her death. She passed during her job. I really appreciate it if you guide... Read more →
Lawyer answer by A A Abdullahi Law Firm

Hello, Her next of kin will be you and so you shall be the one to receive the benefits and her properties. You can contact us vfor assistance on the documentation and procession

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1 answer

1. About Employment & Labor Law in Aurora, United States

Aurora residents are protected by a mix of federal, state, and local rules that govern workplaces. The most common areas include wages and hours, discrimination and harassment, family and medical leave, and workplace safety. In Aurora, state laws from Colorado set broad standards that employers must follow, while federal laws provide additional protections. Local enforcement typically occurs through state agencies and, when applicable, city ordinances or commissions.

Key government bodies you may interact with include the Colorado Department of Labor and Employment (CDLE), the U.S. Equal Employment Opportunity Commission (EEOC), and the U.S. Department of Labor (DOL). These agencies investigate claims, enforce statutes, and provide guidance for employers and employees. An experienced Employment & Labor attorney can help you navigate how these layers interact in your situation.

2. Why You May Need a Lawyer

  • You were terminated after requesting a protected leave or accommodation. A Denver or Aurora employer might interfere with Family and Medical Leave protections or fail to provide reasonable accommodations for a disability. An attorney can assess retaliation risk and potential remedies under federal and Colorado law.
  • You suspect wage or overtime violations. If you did not receive all wages owed, or were misclassified as exempt, a lawyer can determine whether the Colorado Wage Act or COMPS rules apply and pursue back pay.
  • You faced discrimination or harassment at work. Protected classes include race, sex, religion, national origin, age, disability, and more. An attorney can evaluate whether the Colorado Civil Rights Act applies and help you file with the proper agency or pursue litigation.
  • You were treated differently due to a protected characteristic during performance reviews or promotions. An attorney can analyze disparate treatment claims and advise on next steps and potential remedies.
  • You misclassified as an independent contractor to avoid benefits or protections. Misclassification can trigger wage, tax, and benefit issues that an attorney can explore with you and the employer.
  • You need help negotiating severance, a settlement, or a revised employment agreement. A lawyer can safeguard your rights and ensure any agreement complies with Colorado and federal law.

3. Local Laws Overview

Colorado Wage Act and COMPS (Overtime and Minimum Pay Standards)

The Colorado Wage Act governs how wages are paid and when final pay is due, and it guides wage claims against employers in Aurora. The state also operates the Colorado Overtime and Minimum Pay Standards (COMPS), which set overtime rules and minimum pay standards for Colorado workers. For current rules, check CDLE resources and the COMPS overview online. Colorado Department of Labor and Employment - COMPS

Colorado Civil Rights Act (CADA)

The Colorado Civil Rights Act protects employees from discrimination and harassment in employment based on protected characteristics. In Aurora, complaints can be filed with the Colorado Civil Rights Division or pursued through a private claim, depending on the circumstances. For official guidance, see the CDLE Civil Rights Division and related statute resources. Colorado Civil Rights Division

Colorado Healthy Families and Workplaces Act (HFWA)

HFWA requires eligible employers to provide paid sick leave to employees, with accrual and usage rules set by statute and regulation. The act applies to many Colorado employers and has been updated since its initial implementation. For the latest information on accrual, usage, and exemptions, consult the CDLE HFWA page. Colorado Healthy Families and Workplaces Act

Notes on recent changes and enforcement Colorado agencies periodically update wage, hour, and leave rules. Always verify current protections and deadlines on the official CDLE pages linked above. For federal protections, the EEOC and DOL provide parallel rights and complaint processes.

“The Colorado Healthy Families and Workplaces Act provides paid sick leave to eligible employees and sets accrual requirements for Colorado employers.”

Source: Colorado Department of Labor and Employment

4. Frequently Asked Questions

What is the difference between an attorney and a lawyer?

In the United States, both terms are used interchangeably. An attorney represents clients in legal matters, including Employment & Labor disputes, while a lawyer is a general term for someone trained in law. In Aurora, most people refer to their legal counsel as an attorney.

What counts as wage and hour violations in Colorado?

Wage and hour violations include unpaid overtime, unpaid final wages, and improper pay deductions. Colorado employers must follow state wage laws and COMPS regulations, with enforcement by CDLE and possible legal action.

What is the process to file a discrimination complaint in Colorado?

You can file with the Colorado Civil Rights Division or pursue a private lawsuit. The process typically starts with an intake, followed by investigation and potential mediation or litigation. An attorney can help you gather evidence and deadlines.

How long does a typical wage claim take in Aurora?

Timelines vary by case complexity and agency workload. Administrative investigations can take several months, while lawsuits may extend longer depending on court settings. An attorney can provide personalized timelines.

Do I need a lawyer to file with the EEOC or CDLE?

Not required, but hiring an attorney improves your odds of a thorough investigation and strategic guidance. An attorney can help with documentation, deadlines, and settlement negotiations.

Is paid sick leave required for all employers in Colorado?

HFWA applies to many employers but includes specific eligibility rules and exemptions. Check CDLE guidance to determine if your employer must provide paid leave and how accrual works.

Should I disclose confidential information during an employer investigation?

Be cautious about disclosing sensitive or personal information. An attorney can advise which details to share and how to protect privilege and avoid self-incrimination during the process.

How much does it cost to hire an Employment & Labor attorney?

Costs vary by complexity and location. Some attorneys offer free initial consultations, while others bill hourly or on a flat-fee basis for specific tasks like contract review or negotiations.

What is the typical timeline for an unfair dismissal claim?

Unfair dismissal claims depend on jurisdiction and case specifics. Administrative filings can take months; court resolutions may take longer, especially if discovery and trial are involved.

Can I negotiate a severance package with my employer in Aurora?

Yes. An attorney can help you evaluate severance terms, ensure proper release language, and advise on post-employment rights, including potential wage and benefit considerations.

What documents should I gather before meeting a lawyer?

Collect your employment contract, pay stubs, time records, emails or notes about the issue, and any correspondences with your employer. Having these ready speeds up review and advice.

5. Additional Resources

  • Colorado Department of Labor and Employment (CDLE) - Official state agency that enforces wage and hour laws, wage claims, paid leave rules, and civil rights guidance. cdle.colorado.gov
  • Colorado Civil Rights Division (within CDLE) - Administrative unit handling discrimination and harassment complaints in employment. cdle.colorado.gov/divisions/civil-rights-division
  • U.S. Equal Employment Opportunity Commission (EEOC) - Federal agency enforcing civil rights laws in employment and providing complaint procedures. eeoc.gov

6. Next Steps

  1. Define your issue and collect documents. Write down dates, names, and a timeline of events. Gather pay stubs, time sheets, contracts, emails, and any written requests for leave or accommodations. This helps a lawyer assess your claim quickly. (1-2 days)
  2. Consult a local Employment & Labor attorney in Aurora. Schedule initial outreach or consultations to discuss your case scope and potential strategies. Many attorneys offer brief initial meetings. (1-2 weeks)
  3. Prepare a list of questions for the attorney. Focus questions on cost, case strategy, likely timelines, and outcomes. Bring a copy of key documents. (during initial meeting)
  4. Review fee structures and billing options. Ask about hourly rates, retainer needs, or flat fees for specific tasks such as contract review or negotiations. (at the first engagement)
  5. Decide on your preferred path forward. Decide between pursuing mediation, administrative filing, or private litigation based on advice and your goals. (within 1-3 weeks after consultations)
  6. Sign a retainer agreement with your chosen attorney. Confirm scope, costs, and timelines. Ensure you understand any potential costs if the case proceeds to trial. (2-4 weeks)
  7. Implement preparation steps with your attorney. Begin the document collection, witness lists, and demand letter if advised. (ongoing through case)
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.