Employee Rights and Benefits

Blog discussions of employee rights by Sass Law Firm’s employment attorneys on miscellaneous workplace topics.

Sass Law Firm Blog NLRB Upholds Employee Rights

NLRB Uphold Employees’ Rights Prior to Interrogation By the Employer

On December 15, 2022, the National Labor Relations Board held that employers who interrogate employees when defending an unfair labor practice complaint must first provide what are known as Johnnie’s Poultry warnings. This Miranda type warning must be given prior to any questioning and must:  “communicate to the employee the purpose of the questioning, assure …

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Picture of black chalk board for COBRA Consolidated Omnibus Budge Reconciliation Act COVID employer subsidy

Update on Employer Paid COBRA Subsidy

We have previously published a blog, found here, about the American Rescue Plan Act that requires employers to pay 100% subsidy of COBRA premiums for the period of April 1, 2021 to September 30, 2021 for involuntarily terminated employees who elect coverage. At the time, there were still questions that remained about ARPA. The IRS …

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Five Pandemic Related Employment Claims on the Rise

With the pandemic, there are five employment claims on the rise as employers navigate the pandemic and efforts to re-open businesses.  These pandemic related employment claims range from violations of rights to expanded leave under new legislation as well as claims related to employment loss and notice and overtime under well established law. 1.  Expanded Leave …

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Top FIVE Employee Rights Myths Debunked

When we consult with clients, they are often surprised to learn that common beliefs about their rights as employees are incorrect.  Here is the truth about the top five employee rights myths. I can sue for “wrongful termination.” NOT TRUE. Florida does not recognize a claim for “wrongful termination.” In Florida, employment is considered “at-will” …

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Termination: Are You Entitled to Payout of Vacation Time?

The short answer is—it depends. There is no federal or state law in Florida requiring private employers to pay out an employee’s accrued vacation or other paid time off (PTO) at the time of termination. Generally, you may be entitled to payout of your accrued, unused time in the following situations: Your employer promised or …

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Are Employers Required to Pay Holidays?

As we prepare for Independence Day, questions often arise about employees’ rights to holiday pay. To learn whether you are entitled to holiday pay, keep reading for answers to common questions. You may be surprised (or not) by the law. Is an employee entitled to holiday pay? No federal or Florida law requires employers to …

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References: Can my former employer talk bad about me to prospective employers?

Have you ever wondered what your previous employer can say to a prospective employer? There is a common belief that your employer is only permitted to provide dates of employment and last position held. Unfortunately, this is simply not the case. Generally, Florida law provides an employer with “qualified immunity” from damages and defamation claims for disclosing …

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Picture of stethoscope on a health insurance form next to a calculator

Job Loss? Know Your Rights About Continuing Your Health Insurance Benefits

As we move on from last week’s blog, many employees faced with termination often ask what happens to their health insurance benefits.  Both federal and state law generally permit you to continue your current health insurance coverage at your own expense when there is a job loss. Although coverage can also be continued in other …

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Think Twice Before Using Your Own Cell Phone for Work

Many employers permit, even encourage, employees to use personal cell phones for work, as well as other devices, such as your laptop, tablet, home computer, etc.  On the surface it sounds convenient, but have you really considered the risks?  Do you understand your company’s Bring Your Own Device or “BYOD” policy? What about other policies …

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The New Defend Trade Secrets Act – Employers Can Now Sue an Employee Under Federal Law for Taking Trade Secrets

A click of the mouse, forwarding an email, downloading a file – in just seconds you can take, copy, share, or post your employer’s confidential information, otherwise known as “trade secrets.” But be aware, those few seconds can be costly under the new federal Defend Trade Secrets Act, which became effective May 11, 2016. As …

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