Monthly Archives: September 2020

Pregnant3

“You Are Being Too Emotional Because of Your Condition!” How Florida Employers Can Avoid Facing a Pregnancy Discrimination Lawsuit

By Scott • Wagner and Associates |

Federal law protects workers from pregnancy-based discrimination. For Florida employers, the message is simple: You cannot fire, demote, reassign, discipline or in any way disfavor a worker because they are pregnant. Additionally, if a worker does complain about pregnancy-related discrimination, you cannot engage in any retaliatory act against them. If you do, then your… Read More »

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LaborLaw5

Can a Sales Truck Be a Regular “Place of Business”? Department of Labor Weighs-in On Application of Outside Sales Exemption to Mobile Workers

By Scott • Wagner and Associates |

As you probably know, Florida employers are required to pay most of their employees a certain minimum wage as well as overtime pay when applicable. But many types of employees are considered “exempt” from these rules. One such exempt group is “outside sales” employees. The U.S. Department of Labor defines an outside sales employee… Read More »

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EmpLaw

No Pretext for Illegal Discrimination: How Florida Businesses Can Protect Themselves Against Baseless Accusations

By Scott • Wagner and Associates |

Florida employers need to carefully document key employment-related decisions, such as when and how to promote certain employees. It is far too easy to fall into a trap where a disgruntled employee turns around and files a lawsuit alleging illegal discrimination when they have been denied a promotion. Under federal law, an employer can… Read More »

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Employment7

Can Employers Discipline “Abusive Conduct” Even When It Involves Employee Organizing? NLRB Reverses Course on Key Test for Assessing Workplace Speech

By Scott • Wagner and Associates |

Florida employers often face conflicting legal obligations. For example, an employer must not engage in conduct that interferes with the rights of their employees under the National Labor Relations Act (NLRA) to unionize or join together to advocate for better working conditions. At the same time, if employees engage in “abusive conduct,” the employer… Read More »

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Harassment2

You Cannot Fire Your Way Out of a Sexual Harassment Complaint: Tampa Business Owner Faces Federal Lawsuit Over Former Truck Driver’s Allegations

By Scott • Wagner and Associates |

There are two misconceptions that some Florida business owners may have regarding sexual harassment. The first is that it is only a problem if the victim of the harassment is female. The second is that you can “take care of” a harassment issue by firing the employee who complains about it. Neither of these… Read More »

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