How do I sue my employer for wage infractions, sexual harassment, and unsafe working conditions?

I am a shift manager at a national hamburger chain. Our store manager has been doing some shady things. He is taking not only my hours, but the other employees hours, off of our checks. For example, I worked 75 hours this last check but only got payed for 50 hours. He is also a homosexual and has harassedme on many occasions. He has asked if I’m circumcised and how big my **** is. I work graveyard and feel unsafe because our cameras are proven not to work. The local police know of this. One of the front doors does not lock and people also wander in the store at night.

Asked on December 5, 2010 under Employment Labor Law, Nevada

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First of all, not being paid earned wages is a violation of both state and federal law.  You need to file a complaint with the the Office of the Labor Commissioner.  In some cases, you can also file with the US Deoartment of Labor regarding a wage claim but not in this instance since you received at least the minimum wage for the hours that you worked (even though you were not paid as agreed for the hours you worked).   However, you and the other employees present your case to an employment law attorney.  While there, you should also discuss with him/her a potential sexual harassment claim.  An employer may be liable to an employee for unwelcome sexual advances, conduct or other physical or verbal acts of a sexual nature which occur in the workplace.  This is particularly true in the case where the offender is in a managerial capacity and supervises the victim.  Finally, as to the inoperable security camera and faulty front door lock, since these matters implicate your personal safety, they can be considered to create an unsafe working environment and most probably fall within coverage by the NV Occupational Safety and Health Act, so contact NV's Division of Industrial Relations.  You can aslo file a complaint with OSHA.  Again, discuss this withyour attorney.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am sorry for the conditions as you explain them here.  But let's start at the beginning:  have you advised the store OWNER of what is going on here?  Have others complained as well?  Have the complaints been ignored?  You really do need to complain to the owner and I would do so with the other employees and in writing showing him or her the disparity in the checks.  You can also file a complaint with the Department of Labor as to the harassment and the wage issue.  If there are safety issues then file with OSHA.  I would also consult with an attorney in your area as to these matters.  Good luck to you.


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