Got Labor Pains: The Blog

FMLA

Job Protection Under FMLA: Why You Must Ensure Your Employees Return to the Same or “Equivalent” Position After Taking Leave

By Scott • Wagner and Associates |

If you own or operate a Florida business with at least 50 employees, you are required to comply with the federal Family and Medical Leave Act (FMLA). Additionally, during the COVID-19 pandemic, private employers with fewer than 500 total employees must also comply with the provisions of the Emergency Family and Medical Leave Act… Read More »

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Worker3

The Cat’s Paw Theory: Why Florida Employers Need to Independently Verify a Supervisor’s Recommendation to Discipline or Fire an Employee

By Scott • Wagner and Associates |

Consider the following scenario: You are the owner of a business. One day, a supervisor comes to you and informs you that an employee has been caught stealing from the company. The supervisor advises you fire the employee right away. You accept your supervisor’s recommendation and think nothing more of the matter. Then, a… Read More »

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Lawyer4

Politics and Religion in the Workplace: Do You Have Rights to Free Speech?

By Scott • Wagner and Associates |

It is often said there are three topics you should never discuss at work: politics, religion, and money. But in the event these topics are discussed in the workplace, can an employee be disciplined for the discussion? Often times, the answer lies in whether the worker is a public or private employee. Judge: First… Read More »

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Coronavirus4

EEOC Issues Guidance for Employers to Assist with Compliance with ADAAA and Pandemic Preparedness

By Scott • Wagner and Associates |

On March 11, 2020, the World Health Organization (WHO) declared the coronavirus disease (COVID-19 or the Coronavirus) a “pandemic.” Especially as businesses begin to gradually re-open after Stay-at-Home Orders, one question that many Florida business owners have is how their duty to help prevent the spread of COVID-19 may conflict with existing legal obligations… Read More »

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EmplLaw2

Federal Court Rejects Florida Whistleblower Claim Against Wells Fargo

By Scott • Wagner and Associates |

Florida’s whistle-blower laws are designed to protect employees who report, or refuse to engage in illegal activity on behalf of their employer. It is illegal for an employer to fire, discipline, or otherwise retaliate against an employee engaged in protected whistleblowing activity. That said, an employee who fails to engage in actual whistle-blower activity… Read More »

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Scott Wagner & Associates COVID-19 Message

By Scott • Wagner and Associates |

Our firm is committed to you and to community safety. To this end, we are closely monitoring communications from the Center for Disease Control and Prevention (CDC) and other federal, state, and local agencies. 1-We are here to advise employees on their rights. You can set up a consultation with us or join us… Read More »

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EmpLaw4

The Importance of Getting It in Writing: How Non-Compete and Non-Solicitation Agreements Can Protect Florida Business Owners from Independent Contractors “Working on the Side”

By Scott • Wagner and Associates |

Non-compete and non-solicitation agreements are valuable tools for Florida employers looking to protect their legitimate business interests. But such tools are only useful if courts are willing to enforce these agreements. And enforcing a non-compete agreement is not always as easy as you might think. Florida Appeals Court Issues Injunction Against Photographer Take this… Read More »

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WorkComp2

Retaliatory Discharge Claims: How Florida Employers Can Get in Trouble for Firing Injured Workers

By Scott • Wagner and Associates |

Most Florida employers are required to maintain workers’ compensation insurance. This ensures that any employee injured in the course of their employment receives certain medical and wage replacement benefits. By law, an employer may never “discharge, threaten to discharge, intimidate, or coerce any employee” who claims–or even attempts to claim–workers’ compensation benefits. Fourth District… Read More »

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EmpDisc

Dealing with Racially Charged Remarks in the Workplace: What Florida Employers Need to Know

By Scott • Wagner and Associates |

All Florida employers need to be proactive in identifying and stopping any activities that may be construed as illegal harassment or workplace discrimination. At the same time, employers should understand that not every stray political comment made by a manager–even if it has openly racist or sexist connotations–will subject the company to liability. Nor… Read More »

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Doctor3

Are Physician Non-Compete Agreements Legal in Florida?

By Scott • Wagner and Associates |

Florida generally permits the enforcement of non-compete agreements, provided the employer can show there are “one or more legitimate business interests” justifying any restrictions on a former employee’s ability to work, such as protecting trade secrets or customer goodwill. But in recent years, there has been growing concern about the use of non-compete agreements… Read More »

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