Labor & Employment

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Employment and the Coronavirus Pandemic – Know Your Rights

The World Health Organization declared the outbreak caused by the coronavirus, also called COVID-19, a global pandemic. This pandemic has created new and confusing issues for employers and employees alike. What happens if you cannot work because your child’s school is closed and you are unable to find childcare? Can your employer announce that all …

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Minimum Wage is on the Rise Again – Happy New Year!

If you are paid the minimum wage, be sure to check your paychecks to make sure your employer is paying you the correct rate.  As of January 1, 2020, Florida’s minimum wage rate for non-tipped employees will increase from $8.46 per hour to $8.56 per hour—an increase of ten cents. The minimum wage rate for …

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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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Expanded Whistleblower Protection May Be on the Horizon

In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, which created whistleblower protection for employees who exposed corporate violations of securities law.  While it seemed like a win for employees, several courts interpreted the law to mean that employees were only protected as whistleblowers if they disclosed the violations to the …

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Florida Court Rules – Public Whistleblowers Can Recover Compensatory Damages!

On July 24, 2019, in the case of Iglesias v. City of Hialeah, the Third District Court of Appeal of Florida changed the landscape for recoverable damages in retaliation claims by public whistleblowers—state, county and/or local government employees who expose and object to illegal practices and gross mismanagement. In its text, the Florida Whistle-blower Act …

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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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Can Employees Discuss Wages?

Often times employers want employees to keep their compensation information private and not discuss it with their co-workers. It seems logical, but is it legal? Generally, NO.  It is illegal for employers to prohibit or prevent non-management employees from openly discussing their wages, among other topics, with other employees. What The Law Says: The federal …

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My employer owes me money for time I worked. When does the law require them to pay?

Employees often ask when their employer is required to pay them for the hours they worked after they have been terminated or leave the job. Unfortunately, there isn’t a simple answer because Florida law generally does not specify a timeframe for payment. So, how does an employee get the wages they are owed if the …

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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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