Got Labor Pains: The Blog

Discrimination

One Year or Four Years? Understanding the Statute of Limitations for Employment Discrimination Lawsuits in Florida

By Scott • Wagner and Associates |

When a Florida worker believes they have been the victim of illegal discrimination in the workplace, the law requires they first file an administrative complaint, either with the federal Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). When the FCHR receives a complaint, it then has 180 days to… Read More »

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Waiters

Can Restaurants Make Minimum-Wage Servers Pay for Their Own Uniforms? Here Is What Federal and Florida State Laws Say

By Scott • Wagner and Associates |

Many Florida employers require their employees to wear uniforms. In some cases, the employer may even require the employee to purchase their own uniforms. But under federal and state labor laws, the employer cannot require such purchases when it would either reduce an employee’s wages below the applicable statutory wage or cut into any… Read More »

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EmpLaw3

No “Mulligan” for Employers: How Binding Arbitration Agreements Can Cut Both Ways

By Scott • Wagner and Associates |

Many Florida businesses require employees to agree to arbitration employment disputes as a condition of employment. However, as the 11th Circuit recently affirmed, when an arbitration provision requires arbitration as the final decisionmaker for disputes – both the employer and employee will be stuck with an arbitrator’s outcome.  While arbitration is often viewed as… Read More »

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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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EmpLaw5

Do I Have to Count My Employees’ Christmas Bonuses Towards Overtime? How the Fair Labor Standards Act Defines a Worker’s “Regular Rate” of Pay

By Scott • Wagner and Associates |

Under the Fair Labor Standards Act (FLSA), a non-exempt employee is entitled to overtime compensation if they work more than 40 hours in a given workweek. Overtime pay must be at least 150 percent of the employee’s “regular rate” of pay. The regular rate of pay is calculated based on “all remuneration for employment… Read More »

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Employee

“Don’t Complain or We Might Get Sued!” Why Florida Employers Need to Avoid Discouraging Employees from Voicing Concerns About Workplace Discrimination

By Scott • Wagner and Associates |

Florida employers need to exercise care when dealing with employees who have alleged illegal discrimination in the workplace. Even if the allegations of discrimination prove to be unfounded, you cannot punish the employee who initially made the complaint. Such acts of “retaliation” are also illegal. Of course, you can still discipline or fire an… Read More »

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