The workplace is evolving rapidly, but some challenges remain consistent for employees and employers alike. Employment law claims continue to arise when workers feel their rights have been violated or employers fail to meet legal obligations. Understanding the most common types of employment law claims in 2024 can help workers identify potential issues and take action to protect their rights in the coming years.

From discrimination and retaliation to wage disputes and safety violations, we explore the most frequent claims in employment law from 2024 and what employees should know about each.

Whatever the type of employment issues you may have, consulting an experienced employment lawyer can benefit you and your case.

1. Discrimination Claims

Discrimination remains one of the most significant issues in the workplace. Under federal laws like Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating against employees based on race, color, religion, sex, or national origin. Additional laws, such as the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA), provide protection for disabled and older workers, respectively.

States also have laws that extend these protections. For instance, many states now include sexual orientation and gender identity as protected categories, providing broader protection than federal statutes.

Employees who experience unequal treatment in hiring, promotions, compensation, or termination may have a valid discrimination claim. Documenting instances of discrimination is extremely important if you are building a discrimination case.

2. Retaliation

Retaliation occurs when an employer takes adverse action against an employee who has, for example, filed a complaint about discrimination or reported workplace violations. According to the Equal Employment Opportunity Commission (EEOC), retaliation is one of the most common claims filed annually.

Examples of retaliation include:

• Demotions
• Unjustified negative performance reviews
• Termination

Employees are protected under federal and state laws from retaliation for asserting their rights. If you believe you’ve been retaliated against, maintaining records of your interactions with the employer can support your claim.

3. Wage and Hour Disputes

Wage and hour disputes often involve claims of unpaid overtime, failure to provide minimum wage, or improper employee classification. The Fair Labor Standards Act (FLSA) governs these matters, requiring employers to pay eligible employees overtime for hours worked beyond 40 in a workweek.

With the rise of remote work, disputes about compensable time have also increased. For example, workers who perform off-the-clock tasks may be entitled to additional pay.

Documenting your hours worked and corresponding pay is critical for pursuing a wage and hour claim.

4. Wrongful Termination

While most states follow at-will employment laws, which allow employers to terminate workers without cause, wrongful termination occurs when an employee is fired for an unlawful reason. Examples include:

• Discrimination
• Retaliation
• Violating the terms of an employment contract

In some cases, wrongful termination claims arise when employees are fired for refusing to participate in illegal activities or whistleblowing. Consulting an employment attorney can help determine whether your termination violated the law.

5. Non-Compete and Employment Contracts

Non-compete agreements and employment contracts are another frequent source of legal disputes. Non-compete clauses aim to prevent employees from working for competitors for a specific period or within a defined geographic area. However, courts in many states have begun scrutinizing these agreements more closely.

For example:

• Some states, such as California, outright ban most non-compete clauses.
• Others limit their enforceability to specific industries or roles.

Employment contracts can also lead to disputes over compensation, benefits, or termination terms. Employees should carefully review contracts before signing and consult an attorney if they believe the agreement is unfair or unenforceable.

6. Workplace Harassment

Harassment in the workplace is another prevalent claim. This would include anything from sexual harassment to bullying. Employees have the right to feel safe and respected at work. Under federal law, harassment becomes unlawful when it creates a hostile environment or results in an adverse employment decision.

Steps to address workplace harassment include:

• Reporting incidents to HR or management
• Keeping detailed records of interactions
• Seeking legal advice if the harassment continues

Employers must take steps to investigate complaints promptly and provide remedies to affected employees.

7. Workplace Safety (OSHA’s Updated Regulations)

The Occupational Safety and Health Administration (OSHA) establishes and enforces safety standards to protect workers. In recent years, OSHA has updated its regulations to address emerging workplace hazards, including those related to COVID-19 and remote work.

Common workplace safety claims involve:

• Unsafe working conditions
• Lack of protective equipment
• Failure to provide adequate training

Employees who report safety violations are protected from retaliation under OSHA’s whistleblower provisions. Maintaining evidence of hazardous conditions, such as photos or written communications, can strengthen a claim.

Legal Remedies and Prevention

Understanding your rights as an employee is the first step toward addressing workplace issues. Employers can also minimize legal risks by implementing robust policies, providing regular training, and fostering a culture of compliance and respect.

If you believe your rights have been violated, consulting an experienced employment attorney can help determine the best course of action.

Call Brandon J. Broderick For Legal Help

If you’re facing an employment-related issue, Brandon J. Broderick, Attorney at Law, is here to provide the guidance and representation you need. With extensive experience in handling employment law claims, we’re committed to protecting your rights and achieving the best possible outcome.

Contact us today to schedule a consultation and take the first step toward resolving your case. Let us help you navigate the complexities of employment law with confidence.