Best Employment Lawyers in Sioux Falls, SD

FAQs

• What is the non-emergency contact number for the local police station in Sioux Falls, South Dakota?

  To contact the Sioux Falls Police Department for non-emergencies, dial 605-367-7212.

• Where can I get a copy of police reports for incidents related to my case in Sioux Falls, South Dakota?

  A copy of an incident report may be obtained from the Records Unit of the Sioux Falls Police Department, located in the City Hall at 224 W. Ninth St., Sioux Falls, SD 57104.

• Who receives a subminimum wage in Sioux Falls?

  Full-time students working in retail, service, or agriculture industries, as well as individuals with impaired productive capacity, are paid below-minimum wages in Sioux Falls. Full-time students may earn up to 85% of the federal minimum wage of $6.16 per hour. Workers under the age of 20 are eligible for an hourly rate of $4.25 for the first 90 days on the job.

• Are there any employment laws in Sioux Falls that prohibit background checks?

  There are no laws in Sioux Falls that prohibit companies from conducting background checks on prospective employees or from using the results of such records as part of the hiring process. Employment background checks are required by law in certain professions, such as trustees and other senior executives of trust companies, school personnel, daycare personnel, children's homes and welfare providers, and certain Sisseton-Wahpeton Sioux Tribe employees.

• What types of racial employment discrimination are most common in Sioux Falls?

  Racist jokes, slurs, and the display of racially offensive symbols or cartoons that depict an individual's race or personal character associated with origins, such as skin color or hair texture, are common forms of racial discrimination in Sioux Falls. Aside from such behavior, racial discrimination may include unfair employment treatment, such as hiring, salaries, job assignments, benefits, promotion, training, and disciplinary action.

• How much is the minimum wage in employment at Sioux Falls?

  Non-tipped workers in Sioux Falls will be entitled to a minimum wage of $10.80 per hour beginning in 2023. Tipped employees, on the other hand, are paid at least $5.40 per hour. Every year, the United States Department of Labor adjusts the minimum wage to account for inflation using data from the Consumer Price Index. Under no circumstances should the minimum wage be reduced.

• How does the law protect your employment in Sioux Falls if you are summoned to jury duty?

  A worker summoned to jury duty in Sioux Falls is protected by 28 U.S.C. § 1875(b)(3), which states that no employer may retaliate against a worker for attending or serving on a jury. Employers who violate this law may be: (a) liable for damages, (b) required to provide suitable employment relief, (c) fined up to $5,000 per offense, and (d) required to perform community service.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.