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Home  >>  Areas of Practice  >>   Employee Rights

Employee Rights

Federal laws, Florida statutes and the constitution grant a number of rights to employees. These laws have evolved over the last several decades and continue to evolve. The employee rights attorneys at Cathleen Scott & Associates, P.A. offer advice to employers and employees regarding their rights and obligations in the work place. An attorney who specializes in employment law is able to help navigate through the alphabet soup of employment laws. Our firm can provide you information on medical leave, the FMLA, disability law, the ADA and your right to workplace accommodations and reinstatement after illness, injury and pregnancy leaves.

An employment handbook can also be a source of employee rights. Our firm will specially draft handbooks, job descriptions and policies that are narrowly tailored to your company’s unique needs and assure compliance with state and federal laws. While the law does not require employers to have an employee handbook, creating workplace procedures helps create a positive working environment.
Preventing Discrimination and Harassment in the Workplace
Employers cannot discriminate against either employees or applicants for employment.
Florida state and federal civil rights laws protect workers from racial, sexual and other types of harassment in the workplace. The law prohibits discrimination on the basis of age, gender, race, nationality, sex, pregnancy, marital status, disability and other protected characteristics. Certain local ordinances protect against discrimination based on sexual orientation and offer employees a procedure to complain and seek redress.

Employees who complain about discrimination or harassment on the job also receive protection from retaliation. Our firm offers advice to current employees and assistance in drafting complaints that can offer them protection under the law.(1)
Pay, Overtime and Minimum Wage
Are you getting paid properly? Our firm can provide information on whether your current employer is paying you properly. We can review employment contracts, compensation agreements as well as assure compliance with minimum wage and overtime laws. The federal Fair Labor Standards Act (FLSA) includes rules for employees about overtime pay, child labor and the rights of employees to receive a minimum wage. The federal law includes specific requirements that do not apply to all employers. To find out if you are entitled to overtime, or whether you are paid properly, call our firm for a consultation.(2) Florida law also provides minimum wage guarantees and can offer coverage for employees even where the federal law does not apply.
Leave Time

Palm Beach Employee Rights Attorneys,
Wellington Employee Rights Lawyers
Employees who need to take time off work due to the birth of a child or a serious illness have rights under the Family Medical Leave Act. This federal law requires employers to provide up to 12 weeks of unpaid leave each year. However, this rule does not apply to all employers.(3) If your place of work or business is in Palm Beach County, including the cities of Palm Beach, West Palm Beach, Jupiter, Boca Raton and Wellington, consult with knowledgeable employee rights lawyers who have the experience in this highly specific area of the law.

OSHA’s Part in Employee Rights

The federal Occupational Safety and Health Act (OSHA) protects workers and grants them the right to a safe working environment. The Act defines an employer’s obligations to provide a safe working environment and actions an employer must take when an employee is injured.(4) Federal and Florida state whistleblower laws protect employees who report hazardous conditions, refuse to participate in unlawful activities and/or report illegal activities to outside agencies under oath.(5) The whistleblower laws have specific requirements before protections are invoked. Our firm can provide a consultation to help you determine if you have rights under the law and what steps can be taken to advance those rights.
Workplace Privacy

Workers have limited privacy rights in the workplace. Employees who have access to the Internet and check personal messages at the workplace should be aware that their communications might not be private.

Cathleen Scott & Associates, P.A. provides counsel regarding employee rights in Palm Beach County, including the cities of Boca Raton, Jupiter, Wellington, West Palm Beach and other areas.

1-The Florida Commission on Human Relations; 2009-2010 Annual Report:
http://fchr.state.fl.us/fchr/content/download/6450/35571/file/2009-2010%20Annual%20Report-----FINAL.pdf

2-Wage and Hour Division, Handy Reference Guide to the Fair Labor Standards Act:
http://www.dol.gov/whd/regs/compliance/hrg.htm

3-Wage and Hour Division, Fact Sheet #28: The Family and Medical Leave Act of 1993:
http://www.dol.gov/whd/regs/compliance/whdfs28.htm

4-OSHA: Employee Workplace Rights:
http://www.osha.gov/Publications/3021.html

5-Complaints, Florida’s Whistle-blower’s Act:
http://fchr.state.fl.us/complaints__1/florida_s_whistle_blower_s_act and
Whistleblower and Non-Retaliation Protections; Whistleblower Protections:
http://www.dol.gov/compliance/topics/whistleblower-protections.htm