Category Archives: Employment Law
Best Practices for Managing Employees Remotely
At this point, it feels as though the vast majority of “non-essential” people who continue to work are now doing so from home. As employers, it can be difficult to transition from overseeing employees in an office setting to managing employees from afar. Therefore, the United States Department of Labor Wage and Hour Division… Read More »
FLSA: What is the Outside Sales Employee Exemption?
The Fair Labor Standards Act (FLSA) is the key federal law that establishes basic wage and hour protections for workers. Most notably, this includes minimum wage guarantees and a right to overtime pay. Both employers and employees should understand the implications and limitations of the FLSA. One of the key limitations is the outside… Read More »
New Florida’s Employment Laws in 2020 That Will Impact Employers
Florida lawmakers are considering several bills that would have an impact on employers in 2020. These bills relate to such issues as medical marijuana protection, parental leave, race discrimination, as well as discrimination based on sexual orientation and gender identity. If passed, new bills would take effect on July 1, 2020, though the medical… Read More »
Two West Palm Beach Contractors Will Pay More than $175,000 to Resolve FLSA Violations—including Unpaid Overtime and Failure to Pay Prevailing Wages
According to a news release from the United States Department of Labor (DOL), two West Palm Beach companies will pay more than $175,000 in order to resolve claims involving allegations of unpaid overtime and other violations under the Fair Labor Standards Act (FLSA). In total, the contractors will pay $175,413 in back pay and… Read More »
Coronavirus Pandemic: Top Questions and Answers for Employers
The novel coronavirus, also known as COVID-19, was recently declared a pandemic by the World Health Organization. On Wednesday evening, Trump made a rare primetime address to the nation from the oval office that has led to even more confusion. Therefore, among a myriad of unanswered questions, practical and legal issues for employers seeking… Read More »
FLSA Overtime Regulations: What is “Compensable Time”?
Under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid for the full amount of hours that they worked—including for any overtime hours that they put in. Of course, employees cannot be properly compensated if their hours have not been correctly recorded. In determining what counts as “working”, the Department of Labor… Read More »
Can a Florida Employer Be Sued After Providing Severance Pay to a Terminated Worker?
Generally, an employee waives a right to sue their employer by signing a severance agreement. But does providing severance pay mean that the terminated employee is prohibited from suing their employer in Florida? What does Florida’s employment law say about severance agreements? When do employers have an obligation to provide severance pay to terminate… Read More »
How Does Overtime Work for Tipped Employees in Florida?
The Fair Labor Standards Act (FLSA) is a key federal law that establishes basic protections for many workers in Florida. Non-exempt employees who are covered by the law are entitled to overtime pay (1.5 times their hourly wage) when they work more than 40 hours in a given week. How the FLSA applies to… Read More »
Think You Might Be Misclassified as an Overtime Exempt Employee? Here are Five Signs that Suggest that You are Right
Under the Fair Labor Standards Act (FLSA), non-exempt employees must receive overtime pay (1.5x their hourly wages) for any hours worked beyond 40 in a week. Of course, not all employees in Florida are covered by the FLSA’s overtime regulations. Employers have the right to “exempt” certain workers from overtime pay. That being said,… Read More »
Central Florida Massage Therapy Company Pays $27,000 to Settle Pregnancy Discrimination Claim
On February 3rd, 2020, the Equal Employment Opportunity Commission (EEOC) announced that Orlando Float, a massage therapy company based in Central Florida, has agreed to pay $27,000 to resolve a pregnancy discrimination lawsuit. According to the allegations, the business terminated a pregnant employee after she raised concerns about one of the company’s internal policies…. Read More »
Florida Hospital Will Pay More Than $107,000 to Settle Unpaid Overtime Claim
On February 5th, 2020, the United States Department of Labor (DOL) announced that a North Florida hospital has agreed to pay more than $107,000 in financial compensation to resolve an unpaid overtime claim. The legal action was brought on behalf of several dozen employees who were improperly denied overtime pay in violation of the… Read More »
Unpaid Overtime Claims in Florida: What are Liquidated Damages Under the FLSA?
Nonexempt employees who are covered by the Fair Labor Standards Act (FLSA) are entitled to overtime pay—1.5x their standard hourly wage—for each hour worked beyond 40 in a given week. Full and fair overtime wages should be issued without delay. Generally, this means including overtime pay as part of an employee’s regular paycheck. When… Read More »
EEOC Data: The Five Most Common Types of Discrimination Claims in 2019
On January 24th, 2020, the Equal Employment Opportunity Commission (EEOC) released comprehensive data on the discrimination claims that were filed in the fiscal year (FY) 2019. In total, 72,675 workplace discrimination charges were brought before the agency. Notably, 5,990 of the workplace discrimination claims originated out of Florida—a slight decrease when compared to the… Read More »
How Can Florida Employers Defend Themselves Against Retaliation Claims?
Retaliation tends to be the most commonly filed charge with the Equal Employment Opportunity Commission (EEOC), accounting for nearly 52% of charges filed. For many reasons, retaliation claims are also some of the most complicated for Florida employers to defend and prevent. Luckily, if you own a business in West Palm Beach or elsewhere… Read More »
DOL News Release: Florida Contractor Ordered to Pay $57,000 in Back Wages to Settle Unpaid Overtime Case
According to a News Release from the United States Department of Labor (DOL), a Florida-based air conditioning repair company has agreed to pay $57,018 in back wages in order to resolve its alleged violations of the Fair Labor Standards Act (FLSA). Among other things, this includes failure to pay overtime wages and breaches of… Read More »
North Florida Plumbers and Pipefitters Trust Will Pay $207,000, Revise Training Program to Resolve Race Discrimination Claim
On January 10th, 2020, the Equal Employment Opportunity Commission (EEOC) announced a settlement with the Jacksonville Plumbers and Pipefitters Joint Apprenticeship and Training Trust (JPPJATT). The EEOC brought an employment law claim against the organization after allegations arose that it discriminated against African American applicants. Companies and organizations that offer apprenticeships and other formal… Read More »
3 Things You Need to Know About the New Law Proposal After Delivery Slaying
If you haven’t heard of the story about a delivery man needlessly and viciously attacking a defenseless 75 year old woman whose only mistake was upgrading her own laundry room, consider yourself lucky. There is, however, something positive coming out of such a terrible tragedy. A new law named after the deceased Boca Raton… Read More »
Florida Roofing Company Pays to Settle Unpaid Overtime Case With Hurricane Irma Workers
In September of 2017, Hurricane Irma slammed into Southwest Florida, causing tens of billions of dollars in property damage. Many hardworking people put in long hours helping communities across the state recover from the devastating storm. According to reporting from the Miami Herald, at least one Florida roofing company failed to properly compensate its… Read More »
Report: Ex Florida State Football Coach Willie Taggert Never Signed a Final Contract
In early November, Florida State University (FSU) fired its head football coach Willie Taggert in the middle of his second year leading the team—an early termination of his deal. At the time, the team was in the middle of a mediocre season and was looking for a new direction. Now, there is some controversy… Read More »
Florida Gentlemen’s Club Settles Sex Discrimination Claim After Refusing to Hire a Male Bartender
On December 10th, 2019, the Equal Employment Opportunity Commission (EEOC) announced that Gold, Inc. agreed to settle an employment discrimination lawsuit for $20,000. Operating as Sammy’s Gentlemen’s Club in North Florida, the company allegedly refused to even consider hiring a male applicant for the position of bartender. This case should serve as an important… Read More »
