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Category Archives: Labor and Employment

EEOC and Mental Health Issues in the Workplace

By Scott Wagner & Associates, P.A. |

If you suffer from depression, PTSD, or another mental health condition – there is good news: you have legal rights in the workplace!  While this is not a novel idea, it is one that is not widely followed. This prompted , the U.S. Equal Employment Opportunity Commission (EEOC) in December to issue a publication… Read More »

Overtime Rules and What You Need to Know

By Scott Wagner & Associates, P.A. |

A change in federal law’s overtime rules that would make millions more Americans eligible for overtime pay? Sound too good to be true? A federal judge thought so, too, when heissued an injunction last month preventing the rule from taking effect. Previously, the Department of Labor set the law in place to be effective… Read More »

Taking Time Off to Care for a Child or Aging Parent Under the FMLA

By Scott Wagner & Associates, P.A. |

Are you considering taking time off from your job in South Florida to care for an aging parent or for a sick child? It is important to recognize that you have certain rights under the Family and Medical Leave Act (FMLA), which include taking time off from work to care for a family member… Read More »

Service Pets: What Are Your Rights?

By Scott Wagner & Associates, P.A. |

What are your employee rights when it comes to service animals? Do you currently have a service pet and have questions about where you are allowed to take your animal? Or, are you in the process of seeking a service pet and wondering whether your animal will be permitted in certain spaces? For instance,… Read More »

What is the Difference Between Filing My Lawsuit in Florida State Court Versus Federal Court for Employment Law Cases?

By Scott Wagner & Associates, P.A. |

If you have an employment law case, you might be wondering whether you should file your claim in Florida state court or in federal court. What is the difference? And how will the decision to file in state or federal court potentially impact the outcome of your case? Understanding the Difference Between State and… Read More »

Discrimination on the Basis of Marital Status Under Florida Law

By Scott Wagner & Associates, P.A. |

Can your employer discriminate against you on the basis of marital status? No, under the Florida Civil Rights Act of 1992 prohibits an employer from discriminating against an employee or a job applicant on the basis of “color, religion, sex, pregnancy, national origin, age, disability, or marital status.”. To better understand what discrimination based… Read More »

Last Paycheck and Last Vacation Days: What Am I Entitled to When I Leave My Job?

By Scott Wagner & Associates, P.A. |

So, you’ve finally landed that new job and the last thing on your plate is the dreaded conversation of letting your current employer know you’re leaving. While this conversation alone may be very stressful, it is even worse if the issue of your unused vacation pay and sick leave payout is unanswered. Indeed, many… Read More »

Proposed Law on Employer Participation in Student Loan Assistance Act

By Scott Wagner & Associates, P.A. |

If you’re like most of America, it is not surprise that you may be looking ahead to years of student loan payments – which seems daunting. The good news is that Congress understands. New proposed legislation aims to provide incentives to employers who help employees payback student loans through tax benefits.  Pending federal student… Read More »

Pay Secrecy Policies and NLRA Implications

By Scott Wagner & Associates, P.A. |

Does your employer have a policy preventing you from discussing pay with coworkers? Just because it is a rule by the employer doesn’t mean that it is legal under the law. Given that many advocates for equal pay and gender equality are working to clarify distinctions in salaries based on an employee’s gender, knowing… Read More »

Background Checks and an Employee’s Rights

By Scott Wagner & Associates, P.A. |

Here is the scenario: you’ve just applied for a new job, the interview went great, and the only thing standing between you and your new career is a background check. Many employees in this situation may wonder, what are your rights when it comes to background checks in employment? Can your employer run a… Read More »

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* Cathleen Scott is licensed to practice in Florida only.

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