Employment Rights of our Military Veterans

Categories: blog

As many current members of our uniformed services return to re-enter the workplace, it is important to understand the employment rights that apply. Under a Federal law known as the Uniformed Services Employment and Reemployment Rights Act (USERRA), members of the uniformed services are entitled to return to their jobs as if they had never…

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“Keeping Up With the” Transgender Laws

Categories: blog

With the recent hype surrounding the Kardashians, specifically, formerly Bruce Jenner and now Caitlyn Jenner, transgender issues are rising to the forefront of the news. However, transgender matters have been around as long as other discrimination issues.  Unfortunately, discrimination based upon an individual being transgender is not expressly addressed in Title VII or the Florida…

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The False Claims Act

Categories: blog

With nearly $6 billion dollars recovered from more than 700 lawsuits in 2014, the False Claims Act (the “Act”) has become an important statute.  But what is it?  And, what is a Qui Tam anyway? In short, the Act is a whistleblower statute that provides recovery for the United States government against anyone who knowingly…

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This is America, Speak English!

Categories: blog

“This is America, Speak English!” –  a phrase for which those who speak a second language in the United States are very familiar. Although employers sometimes have a reason to require English at the workplace (i.e. business necessity or safety reasons), the employer is also not allowed to simply make a blanket rule whereby it…

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Employers Beware! How Obama’s Overtime Changes Will Affect You

Categories: blog

How Does Overtime Work Now? Whether you are an employee or employer – Obama’s proposed overtime changes can make a big impact on you.  Before we get into the changes, a quick background on overtime pay is in order. The Fair Labor Standards Act (“FLSA”) requires employers to pay time and a half to any…

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When Must an Employer Provide a Terminated Employee with a Final Paycheck?

Categories: blog

It is inevitable…if you are an employer, you will eventually have to terminate an employee.  But, when it comes to a terminated employee’s final paycheck, you should ask yourself two things: (1) when must the final paycheck be provided to the employee; and (2) what must the paycheck include?  Under Florida law, employers are required…

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Employers Beware! Independent Contractors or Employees? Don’t End Up Like Uber

Categories: blog

A hot employment law topic facing employers today is the misclassification of workers.  Uber has been making national news regarding this very issue because its entire business model is based on hiring workers as independent contractors instead of employees.  So, what does that mean?  Let’s back up for just a second.  Uber is a company…

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Honesty Really Does Matter

Categories: blog

The old adage “honesty matters” applies in litigation, including employment law. In particular, honesty, or the lack thereof, can have a profound impact on the likelihood of success of an employment matter. For employees/potential plaintiffs being honest commences with what you share with your attorney. Employees sometimes are hesitant to tell their counsel everything regarding…

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Is Florida an “At-Will” or “Right to Work” state?

Categories: blog

As employment and labor law attorneys, we often hear confusion regarding these two concepts.  It’s understandable, as they both relate to your rights as an employee in the state of Florida.  The most common misconception is when an individual believes that the concepts derived from “at-will” employment are labeled as your “right to work.”  While…

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