Jurisdiction

Jurisdiction refers either to the geographical area in which a court has the right and power to determine (adjudicate) matters that deal with certain people, property, or subject matter. Before any court can hear a case, it must be proven that they have jurisdiction over the person against whom a suit is brought, jurisdiction over […]

Depositions in Employment Litigation

A deposition is a case discovery tool. Depositions are necessary to learn the basis for the other party’s claims or defense, and to test whether their testimony holds up under cross examination. A deposition also captures the witness testimony  and preserves it. Employment litigants rarely have all the facts needed to prove their claims. They […]

Subpoenas

A subpoena is a court-ordered command that requires an individual to appear in court and testify, or produce documents as part of a lawsuit. The term “subpoena” is the Latin term for “under penalty”. Under state and federal civil or criminal procedural laws, subpoenas offer attorneys a chance to obtain information to help their client’s […]

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 […]