Category Archives: Employment Law
Can You Require Employees to get a COVID-19 Vaccine?
News is starting to break that a COVID-19 vaccine is around the corner—or at least, that recent tests of vaccines have proven successful, giving us some hope that a vaccine will soon be available. There’s nothing your business would like more than to get your employees back into the office, and working like normal…. Read More »
Florida Organization Pays $115,000 to Settle Disability Discrimination Claim
On November 6th, 2020, the Equal Employment Opportunity Commission (EEOC) announced that a Florida-based non-profit organization agreed to pay $115,000 to settle a disability discrimination lawsuit. The legal claim was filed on behalf of an employee who was improperly told that she could not be re-hired by the company because of a previous injury… Read More »
DOL Recovers More than $500,000 in Back Wages on Behalf of Employees of Two Miami Area Companies
On November 10th, 2020, the Department of Labor (DOL) announced the recovery of approximately $541,026 in financial compensation on behalf of 134 employees at two Miami-area aviation services companies—Turbine Engine Center Inc., and Miami NDT Engine Services LLC. According to the agency, the engine repair companies violated the minimum wage and overtime provisions of… Read More »
Employees Who are Domestic Violence Victims Have to be Given Leave
Domestic violence is a terrible thing, and many of us do whatever we can to bring awareness to this scourge. Your business should be aware of the laws that your business must follow when you have employees that are victims of domestic violence. The Domestic Violence Leave Law The law is called the Florida… Read More »
Constructive Discharge can Lead to Employment Law Claims
Whenever you fire an employee, there is always the risk of a lawsuit. As we have written about in this blog, there are a seemingly unending number of situations where terminating an employee can result in a discrimination lawsuit, or even a wage claim, or an allegation of the violation of another federal law… Read More »
Extensions of Noncompete Agreements Should be in Writing
As a general rule, oral contracts can be enforceable. The problem with oral agreements is twofold: First, it can be hard to prove what the exact nature of the terms of the agreement were. The second problem is that there are categories of contracts which are never enforceable unless they are put in writing…. Read More »
DOL Issues Two Wage and Hour Opinions: Voluntary Training & Travel to Construction Sites
On November 3rd, 2020, the Department of Labor (DOL) issued two opinion letters designed to bring clarity to outstanding wage and hour issues. The first letter concerns voluntary employee training and the second letter concerns employee travel to off-premises construction sites in certain circumstances. Often, as was the case here, the DOL issues these… Read More »
OSHA Reports COVID-19 Related Complaints
The Occupational Safety and Health Administration (OSHA) has had its hands full this year as COVID-19 cases have continued to rise across the United States. COVID-related complaints and investigations continue to be reported and OSHA has been tracking statistics on COVID-related complaints, referrals, inspections, and citations on a daily basis. Federal OSHA has initiated… Read More »
Punitive Damages Aren’t So Easy to Get
Punitive damages are probably the type of damages the general public knows best. You may be surprised to know that it is harder to get punitive damages than you may think. The Arguments for and Against Of course, there are two sides to punitive damages. Some believe that they are an unnecessary punishment, and… Read More »
Florida Voters Decide Future of the State’s Minimum Wage
On November 3, 2020, Florida voters passed Amendment 2, increasing Florida’s minimum wage to $15.00 per hour over a period of years. Florida’s minimum wage was already set to increase from $8.56 per hour to $8.65 per hour effective January 1, 2021. However, with Amendment 2, the next annual increase will be to $10.00… Read More »
Amazon Sued for Discriminating Against Transgender Pregnant Man
Teasing and bullying can often seem like it’s a “macho” thing to do. As a boss or supervisor, you may feel like cracking down on teasing in the workplace makes you seem weak, or doesn’t make you feel like “one of the guys.” But in fact, not only is teasing or bullying (or allowing… Read More »
Greenacres, FL Grocery Store Pays $20,000 to Settle Age Discrimination Lawsuit
On October 20th, 2020, the Equal Employment Opportunity Commission (EEOC) announced that JUMBO—a grocery store located in Greenacres, FL—will pay $20,000 to resolve an age discrimination lawsuit. In addition, the employer will revise its personnel practices in order to ensure fair treatment in the workplace. Below, our West Palm Beach employment lawyers provide an… Read More »
Election 2020: Employee and Employer Voting Leave Rights
Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats in the U.S. Senate are up for grabs. At the state level, elections… Read More »
OSHA COVID-19 Guidelines Require Reporting Fatalities Only
Recently released guidance from the Occupational Safety and Health Administration (“OSHA”), effectively requires employers to only report recordable COVID-19 illnesses which result in death. The guidance provides that a case of COVID-19 is only reportable if it leads to either hospitalization within 24 hours of the initial exposure to COVID-19 or death within thirty… Read More »
Wage and Hour Watch: DOL Cites Florida Company for Violating Emergency Paid Sick Leave Act
On October 5th, 2020, the Department of Labor (DOL) issued a news release confirming that Garden Escapes LLC—a landscaping company based in Panama City, Florida—has agreed to pay back wages to an employee who was wrongly denied paid leave after self-quarantining for a COVID-19 diagnosis. In its press statement, the DOL notes that the… Read More »
Federal Appeals Court Reinstates $4 Million Arbitration Award in Miami Retaliation Case
According to a report from the Florida Phoenix, a federal appeals court recently ruled in favor of a Miami employee in an arbitration dispute—thereby upholding a $4 million award in a workplace retaliation claim. The employee had filed a wrongful termination claim on the grounds of retaliatory discharge. By a 2 to 1 margin,… Read More »
DOL Cites Florida Employer for Improperly Paying Disabled Workers Sub-Minimum Wage
On September 29th, 2020, the Department of Labor (DOL) announced that Pine Castle Inc.—a Jacksonville, FL-based non-profit organization—has agreed to pay nearly $15,000 in back wages to nearly four dozen employees. The employees are all adults who have an intellectual or developmental disability. The federal agency contends that the North Florida not-for-profit organization violated… Read More »
EEOC Files Religious Discrimination Lawsuit On Behalf of an Employee in West Palm Beach, FL
On September 17th, 2020, the Equal Employment Opportunity Commission (EEOC) announced a lawsuit against Frito-Lay, the multinational snack food giant. The employment law claim is based on allegations that the company engaged in unlawful religious discrimination at its West Palm Beach distribution center. Below, our South Florida employment law team explains the allegations and… Read More »
Employers Should be Aware of New FFCRA Pandemic Leave Law
The world of employment law doesn’t move very quickly. New laws and rules are often debated, public comment taken, and laws proposed multiple times before being enacted However, we are in the age of COVID-19, and things are moving faster. You may not even be aware that a new law recently passed that affects… Read More »
Don’t Get in Trouble Because of an Employment Retaliation Claim
Many employers are knowledgeable to some extent about Florida’s discrimination laws. Smart employers have developed policies and procedures, including reporting procedures, so that harassment problems, or problems related to the disabled not receiving the accessibility they deserve, can be quickly addressed. State and Federal Retaliation Laws But many employers (or employees) are not aware… Read More »
