Florida Overtime Laws

There are different classifications an employer might assign to an employee, such as regular full-time, exempt and non-exempt. These classifications affect how the employer will compensate the employee regarding hours worked and overtime pay. If you are considered a regular full-time employee, you are expected to work 40 hours each week according to your schedule. […]

What is Pregnancy Discrimination in the Workplace?

The Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy, childbirth, or any related condition. It states that women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits. Employers must comply with the Family Medical Leave Act, which entitles employees to take unpaid, […]

Florida Law for Employers & Tipped Employees

Rules on tip credits, tip pooling & more Many employees in Florida earn tips, including those who wait tables, serve and mix drinks, open doors, carry luggage, clean hotel rooms, or provide other services, from moving furniture to delivering newspapers. If you receive tips as part of your compensation, your legal rights under wage laws […]

Family Emergencies & the Florida Family & Medical Leave Act

The Florida Family and Medical Leave Act (FMLA) is a labor law designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons, as well as for issues relating to domestic violence. FMLA provides eligible employees up to 12 weeks of unpaid, […]

Florida’s E-Verify Requirements for Employers

Florida Statute 448.095: Employment eligibility Several states have implemented state-specific E-Verify mandates including Florida. Beginning January 1, 2021, every public employer, contractor, and subcontractor in Florida must register with and use the E-Verify system to verify the work authorization status of all newly hired employees. F.S. 448.095 makes the use of the web-based E-Verify system, […]

Can I be fired for filing a Workers’ Compensation claim?

In a word, “no”. Under Florida law, employers are prohibited from discharging, threatening to discharge, intimidating, or coercing employees because they made or attempted to make a workers’ compensation claim. In fact, Florida law “is not only intended to punish employers who discharge an employee for having filed a workers’ compensation claim, but is also […]

Protecting Women (and Men) Against Unequal Pay

Both federal and state laws protect against wage discrimination based on sex. The Florida Equal Pay Act (EPA) was enacted in 1963, as an amendment to the existing Fair Labor Standards Act. It requires employers to compensate males and females equally if they perform the same work. The statute was passed primarily to address wage […]

I’m owed wages. What are my rights?

Does your employer owe you wages? According to the U.S. Department of Labor (DOL), when the regular payday for the last pay period you worked has passed and you have not been paid, you may contact the Department of Labor. It may be surprising to learn that your employer has in fact, no certain time […]

Overbroad or unreasonable Non-Compete Agreements may not be legal

Many people sign non-compete agreements with their employers without understanding its precise terms. Don’t assume the document just limits you to working for a competitor in the same town or county, even when it says as much. Many non-compete agreements may claim to apply on a national or even worldwide scope, but not all of […]

Freelancing vs Employment

If your work is the result of a new business, pivot or side gig, understanding the implications of the laws that apply to your business structure is critical. If you are a freelancer – also known as an independent contractor, subcontractor, contract worker, or gig worker, you are essentially a small business. The law will generally […]