Category Archives: Employment Law
FLSA Claim: South Florida Construction Company Pays Nearly $125,000 in Back Wages
On September 3rd, 2020, the Department of Labor (DOL) announced that a South Florida construction company will provide $124,075 in back wages to nearly two dozen employees. The settlement came after allegations that the firm violated wage and hour provisions of the Fair Labor Standards Act (FLSA) and federal prevailing wage regulations. Here, our… Read More »
Understanding Minimum Wage for Tipped Employees
You may be aware that with some exceptions, employees generally must be paid minimum wage (and then extra for any overtime the employee worked). The Fair Labor Standards Act (FLSA) allows an employee who has not been paid the proper amount, to sue for significant damages against an employer who shorts the employee pay…. Read More »
Florida McDonald’s Franchise Agrees to Settle a Religious Discrimination Claim
On August 19th, 2020, the Equal Employment Opportunity Commission (EEOC) released a public statement confirming that Chalfont & Associates Group—a company that owns nearly a dozen McDonald’s franchise locations across the state of Florida—has settled a religious discrimination claim for nearly $70,000. The EEOC filed the employment lawsuit on behalf of a Jewish job… Read More »
West Palm Beach Restaurant Chain Agrees to Pay $115,966 to Settle Overtime and Minimum Wage Violations
On August 24th, 2020, the United States Department of Labor (DOL) announced the results of its investigation into a West Palm Beach-based restaurant chain. Hurricane Wings Management LLC agreed to pay approximately 160 workers more than $115,000 in financial compensation to resolve outstanding overtime claims and minimum wage claims. The wage and hour case… Read More »
IRS Issues Payroll Tax Deferral Guidance for Employers
On August 8, 2020, the President, via a Presidential Memorandum, directed the Secretary of the Treasury to use his authority pursuant to Code Sec. 7508A, in light of the COVID-19 emergency, to defer the withholding, deposit, and payment of certain payroll tax obligations. Recently, the IRS has provided much-anticipated guidance to employers regarding the recent… Read More »
DOL: Florida Company Pays More Than $16,000 to Resolve Failure to Pay Overtime Claim
On August 12th, 2020, the Department of Labor (DOL) published a press release confirming that Randall Mechanical Inc.—a contractor based in Orange County, Florida—will pay $16,852 to resolve an employment lawsuit. The company consented to findings that it improperly denied 20 employees their full and fair overtime wages and agreed to revise its policies…. Read More »
Must Employees be Paid During Smaller, Routine Work Breaks?
When employees aren’t working, they shouldn’t get paid. That statement makes a lot of sense to many business owners. However, an employer can have a different definition than federal laws have of when a worker is on the job and when he or she is not. Why Employer May Dock Pay Many business owners,… Read More »
Employers Cannot Discriminate Against Employees on the Basis of Pregnancy
Employers naturally want their employees to be as productive as possible. They normally institute rules that prohibit employees from wasting time, goofing off, taking extra long bathroom breaks, or partaking in other activities while the employees are on the clock. Most employers wouldn’t figure that they can be sued for enforcing those rules. At… Read More »
Employment Law: EEOC Sues Florida Company for Same Sex Harassment and Unlawful Retaliation
On July 21st, 2020, the Equal Employment Opportunity Commission (EEOC) announced that the agency is filing an employment lawsuit against Shelley’s Septic Tank, a Zellwood, Florida-based business. The EEOC alleges that the company’s owner sexually harassed an employee. Subsequently, that employee was discharged. Below, our West Palm Beach employment law attorneys provide a more… Read More »
OSHA Releases Revised COVID-19 Guidance
The Department of Labor’s Occupational Safety and Health Administration (OSHA) released revised guidelines regarding enforcement actions during the COVID-19 pandemic. The former guidelines, “U.S. Department of Labor Adopts Revised Enforcement Policies For Coronavirus,” were released on May 19, 2020. These new revisions are short, however Compliance Today notes that there are two major changes:… Read More »
Federal Agency is Suing a Florida Company for Retaliation
On June 22nd, 2020, the Equal Employment Opportunity Commission (EEOC) announced that it is filing an employment lawsuit against Pediatric Health Care Alliance, a Tampa, FL-based medical practice. According to the federal agency, the medical clinic unlawfully retaliated against a nurse after she reported a doctor for sexual harassment. Workplace retaliation is strictly prohibited… Read More »
Florida Restaurant Agrees to Pay $30,878 in Back Wages to Resolve an Unpaid Overtime Case
On June 26th, 2020, the Department of Labor (DOL) announced that a Florida restaurant has agreed to pay $30,878 in back wages to dozens of employees in order to settle a wage and hour claim. According to allegations investigated by the federal agency, Guavate Restaurant (Orlando, FL) violated the Fair Labor Standards Act (FLSA)—improperly… Read More »
Florida Passes E-Verify Law
On June 30, 2020, Florida joined the growing number of states that have passed mandatory E-Verify statutes. Governor Ron DeSantis signed legislation that will require all public employers, including local school districts, public universities, and colleges, and state and local agencies, as well as their private contractors, to use E-Verify, a federal electronic database… Read More »
COVID-19 Employment Lawsuit: Florida Worker Alleges Workplace Safety Violations, Unpaid Overtime
The COVID-19 pandemic has affected virtually every aspect of life in South Florida, including workplace relations between employers and employees. In a recent case (Macke v. HT AirSystems of Florida), a worker has filed a lawsuit against a Central Florida contractor on the grounds that the company violated the Fair Labor Standard Act (FLSA)…. Read More »
Can a Florida Employer Fire Their Employee for Protesting?
In the wake of widespread protests over the killing of a black man by police, many people complained that they had been fired for attending the protests. But can employers in Florida actually fire their workers for protesting? In short, yes, an employee can be fired for pretty much any reason or no reason… Read More »
Employers Are Facing Take-Home Liability Claims in the COVID-19 Era
As businesses continue to reopen following the shutdown prompted by the coronavirus pandemic, concerns are growing over the so-called take-home liability claims. If you are an employer whose workers are returning to the workplace following the COVID-19 pandemic, you should be aware of take-home liability. In the COVID-19 era, all business owners and customers… Read More »
Ensuring Off-Site Worker Safety
Businesses have a responsibility to provide their workers with a safe workplace, and employers are increasingly focused on ensuring their facilities are safe for employees returning to work. However, some businesses haven’t yet considered worker safety when working at customer sites and other off-site locations. While employers can control their own facilities, they generally… Read More »
13 Coronavirus-Related Employment Claims an Employer May Face After Reopening the Workplace
As Florida’s businesses are reopening in the wake of the coronavirus pandemic, employers have a hard time keeping up with constantly evolving executive orders and guidelines by the CDC and OSHA on top of existing employment laws. This uncertain and volatile situation increases the risk of litigation. Employers could expect a wave of lawsuits… Read More »
DOL Issues Final Rule on Commission-Based Retail Employees and Overtime Exemptions
On May 18th, 2020, the Department of Labor (DOL) issued a final rule that is designed to provide greater flexibility to employers and employees in the retail/service industries. The updated regulation pertains to the treatment of certain commission-based retail employees under overtime rules of the Fair Labor Standards Act (FLSA). In this article, our… Read More »
5 Things to Consider When Drafting a Non-Compete Agreement (NCA)
Non-compete agreements (NCAs) are a crucial part of running a business. However, while some benefit from requiring an employee or independent contractor to sign an NCA, other businesses may find such agreements pointless. Typically, businesses use non-compete agreements prior to hiring a prospective employee or independent contractor to do a job. An NCA is… Read More »
