Category Archives: Employment Law
Recognizing Age Discrimination In The Workplace
When it comes to age discrimination, a lot of people think they will know when it happens to them. The boss will tell you that you’re too old, or that the company needs “new blood,” or that you’re “slowing down.” But in reality, most age discrimination cases are much harder to recognize. In fact,… Read More »
The Fair Labor Standards Act: Who Isn’t Covered?
The Fair Labor Standards Act (FLSA) is a federal law that dictates what employees have to be paid. In addition to mandating that employees be paid the required minimum wage, the FLSA also requires that tipped employees be paid a certain way, and that overtime pay be provided for employees that work more than… Read More »
Can You Get Unemployment If You’re Fired For Not Getting A COVID Vaccine?
As a general rule, when you are fired or laid off, you can collect unemployment benefits. However, one (exception) to collecting benefits is that you can’t have voluntarily resigned or been fired for cause. That is, the end of your employment can’t be because of something you did or didn’t do voluntarily (like just… Read More »
HIPAA Compliance, And HIPAA’s Florida Counterpart
Many people know what HIPAA is, even if they don’t know the intricacies of the law. As a general rule, the federal government, through HIPAA, protects your medical information and data, almost completely. But what people don’t know is that Florida has its own version of HIPAA, and in many cases, it can be… Read More »
Florida Expands Apex Doctrine To Companies
As a general rule, in a business law case, you can depose whoever you want, so long as the person you are deposing has relevant evidence to the case. But there is one exception to that: The Apex doctrine. What is the Apex Doctrine? The Apex doctrine says that you can’t go straight to… Read More »
Should Your Business Use Employment Separation Agreements?
You probably know that in Florida, you don’t need an employment contract to hire someone, and you certainly don’t need a reason to fire someone, Florida being an at-will employment state. So it may seem odd to you to consider proposing an employee sign a contract when the employee is being fired, or when… Read More »
Things You Didn’t Know (But Should) About The ADA
When we think of disabilities that our employees or workers may face, we often think we, as employers, know when an employee is disabled, and we know when we need to make accommodations for them. Disability Isn’t Always Clear But in the real world, many diseases and disabilities aren’t so clear, and the nature… Read More »
Can An Employee Be Fired For Using Legal Medical Marijuana?
Medical marijuana is legal in Florida. But you may not want it in your business or in your workplace, for your own reasons. Certainly, you have the right to run your workplace as you see fit, within the confines of the law. On the other hand, can you legally fire someone who is using… Read More »
What Is A Hostile Work Environment?
Neither you nor anybody in your business would ever harass a fellow employee. You know what sexual or racial harassment is, and you don’t use that kind of language, nor do you condone or allow others to use such language. And then it happens-you are hit with a lawsuit alleging something called a “hostile… Read More »
Do You Have To Allow An Employee To Bring A Service Animal To Work?
You probably know that if you have an employee with a disability, that you have to provide the employee with a reasonable accommodation at work, if one is available. You probably think of physical surroundings or devices that may make walking, hearing or seeing easier, or providing additional breaks or rest periods for employees… Read More »
Can You Require Employees And Customers Be Vaccinated Against COVID-19?
You may be hearing in the news about many states, including Florida, prohibiting the use of what is known as “vaccine passports.” These are really just proof of vaccinations. As things get back to normal, and people get vaccinated, many businesses are re-opening or returning to full operations, with the requirement that customers or… Read More »
Pike & Lustig To Represent Jupiter Police Officers In Lawsuit Against Town
Pike & Lustig has filed a class complaint case against the Town of Jupiter in connection with failing to pay overtime to hundreds of their police officers. The Fair Labor Standards Act (FLSA) states that hourly employees must be paid time and a half for any hours of overtime worked and the Town of… Read More »
How Can Your Business Avoid A Sexual Harassment Lawsuit?
Sexual harassment: You know it is wrong. You’d never do it, condone of it, approve of it, or allow it to happen. But in the back of your mind, you may be wondering: could I get sued for sexual harassment? How do I protect my business from a sexual harassment suit? The Risk is… Read More »
Don’t Forget To Notify Employees Of Their Family Medical Leave Act Rights
If you run a business, it may be your complete intention to follow and comply with the law. But sometimes this can be very difficult, because with the myriad of federal regulations, federal laws, and state laws, many of those laws can conflict with each other, or at least, be confusing as to which… Read More »
Court Says Businesses Can Discriminate On The Basis Of Hair Color
As you likely know, discriminating on the basis of race or sex is illegal under both federal and state law, and can get your business in a lot of trouble. But what about cultural symbols, styles, or designs, which may be associated with a particular race, religion or sex? Is it OK for a… Read More »
Certain Contractual Limitations Of Liability For Discrimination Lawsuits Are Valid
If you are an employer, the prospect of any kind of discrimination suit can be daunting and scary, as it should be-discrimination is not something to take lightly. But the threat of a discrimination or harassment lawsuit is made even more daunting by the prospect of that lawsuit being a class action lawsuit. Anti… Read More »
TV Show “Criminal Minds” Hit With a Sexual Harassment Lawsuit
Sexual harassment suits don’t just hit small companies, or unscrupulous bosses. They also hit large companies, which may be so large that they don’t know what employees or supervisors are doing. Demonstrating that all companies need to make sure sexual harassment policies are in place, is the lawsuit filed last year against Disney for… Read More »
Who is a Family Member Under the Family Medical Leave Act
Many people and many businesses are aware of the Family Medical Leave Act (FMLA). However, many are not aware that the law does extend to, and apply to grandparents—specifically, protecting and providing coverage to employees who seek leave to care for sick or ailing grandparents. What the FMLA Does The FMLA requires that employees… Read More »
Florida Company Pays $10,125 in Back Wages After DOL Finds Overtime Violations
On November 30th, 2020, the Department of Labor (DOL) announced that a Seminole, FL-based contractor has agreed to pay $10,125 in back wages to resolve overtime violations uncovered in an investigation conducted by the federal agency. The employer allegedly improperly deducted meal breaks from worker timesheets automatically—even though meal breaks were not always taken…. Read More »
Government Contractor Operating in Florida Ordered to Pay Nearly $25,000 in Back Wages By DOL
On November 23rd, 2020, the Department of Labor (DOL) announced that a Florida contractor has agreed to pay a total of $24,823 in back wages to 102 employees. According to the federal agency, the workers were improperly denied certain wage and hour benefits that were guaranteed to them under a federal government contract. Government… Read More »
