Author Archives: Site Administrator

Employment4

Making “Reasonable Accommodations” for Florida Employees Under the ADA

By Scott • Wagner and Associates |

Every Florida employer needs to be mindful of their duties and responsibilities under federal and state employment discrimination laws. For example, under the Americans With Disabilities Act (ADA) a business may face EEOC charges or a private lawsuit if they fail to make “reasonable accommodation” for an employee’s documented physical or mental impairment. But… Read More »

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What to Expect for Your Employment Law Deposition

By Scott • Wagner and Associates |

What is a Deposition? When you are involved in an employment lawsuit and you learn that the date and time for your deposition have been set, you might be unsure of what you should expect. What is a deposition? A deposition is an event during litigation where a witness or party to litigation is… Read More »

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Obesity as a Protected Trait in the Workplace

By Scott • Wagner and Associates |

If your employer discriminates against you at work because of obesity, do you have the same recourse as an employee who is the victim of discrimination based on race, religion, or another protected trait? Or, if obesity cannot be considered a protected trait, can it be classified as a disability under the Americans with… Read More »

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Benefits of Being a Benefits Corporation for Employers

By Scott • Wagner and Associates |

Back in 2014, Florida became the 25th state in the country to allow “Benefit Corporations.” What is a benefits corporation, and how does it benefit employers and/or employees? Learning More About Benefits Corporations A benefits corporation is a title that refers to a particular for-profit corporation that pursues public interest goals at the expense… Read More »

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Employee Rights to Personnel Files

By Scott • Wagner and Associates |

What type of information does your employer keep on record about you, and is your employer required to keep this material? And what employee rights does the law provide when it comes to accessing to your personnel file—and all of the information contained within it—at any point during or after your employment? And is… Read More »

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Bullying at Work: Is It Legal?

By Scott • Wagner and Associates |

There are many Floridians who experience bullying at work, but many do not realize it or simply do not know what they can do about it. One of the most difficult aspects of workplace bullying is that, in most cases, the bullying behavior does not meet certain requirements to allow the victim to file… Read More »

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Understanding the Family and Medical Leave Act (FMLA)

By Scott • Wagner and Associates |

If you are pregnant and end up getting fired after you take time off to have the baby, can you file a workplace discrimination lawsuit? Specifically, is this a form of sex discrimination or pregnancy discrimination? What about a situation in which you need to take time off from work to care for a… Read More »

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Unpaid Wages and Uber Drivers

By Scott • Wagner and Associates |

Do federal labor laws apply to Uber and Lyft drivers? In particular, can Uber drivers file claims for unpaid wages? Examining the trend of recent litigation in both Florida and Illinois, drivers are taking action. Indeed, new lawsuits in both Florida (Lamour v. Uber Technologies, Inc. 1:16-cv-21449) and Illinois (Charles Christopher Johnson v. Uber… Read More »

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Florida Law on Bathrooms and Transgender Employees

By Scott • Wagner and Associates |

With North Carolina’s recent passing of House Bill 2 (HB2) and national news outlets focusing on issues of sexual orientation and gender identity discrimination, it is important for employers and employees in Florida to think carefully about the laws in our state for employers and transgender employees using the bathrooms. If a Florida employer… Read More »

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Learning More About Harassment in the Workplace

By Scott • Wagner and Associates |

Two Types of Harassment in Your Place of Employment When we hear that someone is filing a workplace harassment lawsuit, what do they mean? And are there different forms of workplace harassment, or is it defined in a more limited way? According to a fact sheet from the U.S. Department of Labor, there are… Read More »

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