Category Archives: Employment Law
How Long Do Employees Have to File an Unpaid Overtime Claim?
Unless they fit into an exemption, the Fair Labor Standards Act (FLSA) provides employees the right to overtime pay for hours beyond 40 in a workweek. If an employee was improperly denied the full wages that they earned, they can file an unpaid overtime claim against their employer. Similar to other employment law claims,… Read More »
10 Tips to Protect Employees’ Health
As businesses prepare to reopen throughout South Florida, recent studies of anxiety among employees returning to work have also been reported. According to a recent survey conducted by Miami’s NBC 6, two out of three workers are uncomfortable returning to their jobs right now. Health experts say that’s understandable, but what can employers due… Read More »
Considerations for Reopening Your Business During Florida’s Phase One Order
With phase one of reopening Florida underway following Gov. Ron DeSantis’s executive order signed on April 29, 2020, businesses that were shut down for two months during the COVID-19 pandemic are slowly starting to reopen. However, business owners need to understand that reopening a business in the wake of the coronavirus pandemic is not… Read More »
Reopening Business After COVID-19: Managing Higher-Risk Employees
A day after Florida’s phase one order went into effect, the Equal Employment Opportunity Commission issued guidance for employers on managing employees who are at higher risk for severe illness from COVID-19. The EEOC addressed reasonable accommodation for higher-risk employees amid the coronavirus pandemic. The guidance is of particular importance for employers whose workers… Read More »
Florida Restaurant Agrees to Pay $180,000 to Settle a Workplace Retaliation Claim
On April 27th, 2020, the Equal Employment Opportunity Commission (EEOC) announced that Whataburger, the national fast food company, has agreed to pay $180,000 and adopt new human resources policies in order to settle a workplace retaliation claim. Whataburger was facing a lawsuit from a former manager who alleges retaliation after she complained about discriminatory… Read More »
Reopening Business Amid Coronavirus: Can an Employee Refuse to Return to Work?
As many states move to reopen businesses amid the coronavirus pandemic, employees are concerned about potential exposure to COVID-19 in the workplace. In light of this, employers who are reopening their business amid the coronavirus crisis are wondering, “Can an employee refuse to return to work when the stay-at-home order is lifted or eased?”… Read More »
DOL Wage and Hour Division Issues COVID-19 Guidance for Employers and Employees
The Department of Labor (DOL) Wage and Hour Division has published coronavirus-related guidance for employers and employees (COVID-19 and the American Workplace). The agency wants to ensure that all parties understand and comply with federal labor laws during this challenging time. Below, our West Palm Beach employment law attorneys highlight three key clarifications issued… Read More »
Families First Coronavirus Response Act: Employer Paid Leave Requirements
The Department of Labor has been a great resource during the coronavirus pandemic and offers comprehensive guidelines for the American workplace and COVID-19. On April 1, 2020, the U.S. Department of Labor announced new action regarding how American workers and employers will benefit from the protections and relief offered by the Emergency Paid Sick… Read More »
How to Calculate Overtime Pay Under the FLSA (It is More Complicated than You Might Think)
Federal overtime regulations are contained within the Fair Labor Standards Act (FLSA). As explained by the DOL’s Wage and Hour Division, the FLSA requires employers to pay all non-exempt employees overtime wages when they work more than 40 hours in a week. This raises an important question: How is overtime pay calculated? While most… Read More »
EEOC Issues Latest COVID-19 Guidance for Employers
U.S. workplaces are experiencing unprecedented disruptions as a result of the COVID-19 pandemic. As the coronavirus disease has arrived in many workplaces, employers are figuring out how to adapt. In April, the Equal Employment Opportunity Commission issued its latest guidance for employers on how to comply with federal employment laws during these overwhelming times…. Read More »
Do Employers Have an Obligation to Protect Employees from COVID-19?
While many businesses remain closed due to the government-mandated stay-at-home order, essential businesses continue their operations during the COVID-19 pandemic. But do employers have any duties to protect their employees from the coronavirus disease? Do employers have an obligation to keep their workers safe from COVID-19 or to reduce the spread of the virus?… Read More »
FLSA and Overtime Pay: What is a Computer-Related Occupation?
Under the Fair Labor Standards Act (FLSA), employers are required to offer workers overtime pay—that is unless an employee’s position fits into one of several exemptions. One of the more complicated, misunderstood exemptions to the FLSA’s overtime rules is the ‘computer-related occupation’ classification. Here, our Miami employment law attorneys explain what employers and employees… Read More »
What Employers Need to Know About Employee Privacy in the COVID-19 Era
Most employers in the U.S. found themselves in a tough spot: On top of risks posed by the COVID-19 pandemic, compliance with their state’s stay-at-home order, and switching to remote working, they must also have employee privacy rights in mind. But how should employers handle information regarding their workers’ coronavirus exposure without breaking any… Read More »
EEOC Files a Disability Discrimination Lawsuit Against a Florida Manufacturer
On March 20th, 2020, the Equal Employment Opportunity Commission (EEOC) announced that the agency is filing a disability discrimination lawsuit against Interconnect Cable Technology Corporation (ICTC)—a manufacturer based in Hernando County, Florida. The federal agency alleges that the company improperly demoted and discharged a worker after she was hospitalIzed for a mental health issue…. Read More »
How an FLSA Audit Can Help Protect Employers from Liability
With minimum wage requirements, overtime rules, record-keeping regulations, and youth employment standards, the Fair Labor Standards Act (FLSA) regulates many aspects of an employer-employee relationship. Employers must ensure that they are in full compliance with this law. Failure to do so could result in a company facing significant liability in the future. The good… Read More »
A Florida Employer’s Guide to 2020 CARES Act in the Coronavirus Era
In this time of economic uncertainty and financial market volatility caused by the COVID-19 pandemic, employers must adapt to the new coronavirus reality as well as comply with new employment laws. One such law was the enactment of the Coronavirus Aid, Relief, and Economic Security (CARES) on March 27, 2020. The Act provides economic… Read More »
Creating a Work-from-Home Policy During the Coronavirus Pandemic
Stay-at-home orders in many states and quarantine measures to curb the spread of the coronavirus disease across the nation have prompted many businesses to switch to remote working. As health officials and government agencies continue to emphasize the importance of social distancing in the COVID-19 era, an increasing number of employers across Florida create… Read More »
FLSA Watch: U.S. Department of Labor Published Three New ‘Wage and Hour’ Guidance Letters
On March 26th, 2020, the United States Department of Labor (DOL) officially released three new opinions on Fair Labor Standards Act (FLSA) wage and hour issues. These opinion letters are one of the primary ways in which the agency provides employers and employees guidance on complex wage and hour matters. All three of the… Read More »
OSHA Releases Guidance on Preparing Workplaces for COVID-19
As the novel coronavirus continues to spread, businesses are scrambling – many struggling with how to continue functioning in the age of COVID-19. However, those that are fortunate enough to stay open and functional now find themselves facing new health concerns for their employees. Therefore, in accordance with the Department of Labor and Department… Read More »
Overtime Pay and the FLSA: What is the Salary Test?
Under the Fair Labor Standards Act (FLSA) many employees are entitled to overtime pay when they work more than 40 hours in a week. Though, overtime regulations do not apply to every employee. Salaried workers may be exempted from part of the law. There are strict rules and regulations governing overtime exemptions. In order… Read More »
