Got Labor Pains: The Blog

Tips

How Does Overtime Work If I Am Paid in Tips in Florida?

By Scott • Wagner and Associates |

Under the federal Fair Labor Standards Act (FLSA), non exempt employees are entitled to overtime pay when they work more than 40 hours in a given workweek. For a number of different reasons, calculating overtime pay can be complicated, especially for tipped employees. You may be wondering: Do tipped employees get overtime pay in… Read More »

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Employment6

Workplace Retaliation in Florida: An Overview of Temporal Proximity

By Scott • Wagner and Associates |

It is illegal for your employer to take an adverse action against you simply because you engaged in a protected activity. As explained by the U.S. Equal Employment Opportunity Commission (EEOC), these types of cases are called workplace retaliation claims. A company or organization can be held legally liable for unlawfully retaliating against a… Read More »

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DisabledEmp

Florida Company Agrees to Pay $35,000 to Settle Disability Discrimination Lawsuit

By Scott • Wagner and Associates |

On December 18th, 2020, the Equal Employment Opportunity Commission (EEOC) announced that Interconnect Cable Technologies Corporation—an electronic products manufacturing company headquartered in Florida—will pay $35,000 to settle a disability discrimination claim filed on behalf of an employee. The company also entered a consent decree with the federal agency. The EEOC filed the employment claim… Read More »

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ReligDiscr

Religious Accommodations in the Workplace: An Overview of Employee Rights

By Scott • Wagner and Associates |

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees and job applicants on the basis of religion or their lack of religion. Beyond merely avoiding overt acts of disparate treatment, covered employers also have a duty to provide reasonable religious accommodations to employees. Many workers in Florida have… Read More »

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Overtime6

Unpaid Overtime in Florida: Your Guide to Liquidated Damages

By Scott • Wagner and Associates |

Under the federal Fair Labor Standards Act (FLSA), non exempt employees are entitled to time-and-a-half pay (1.5x normal rate of pay) for all hours worked beyond 40 in a given week. Employers that fail to pay timely overtime wages can be held liable. An employee may be entitled to recover compensation for the wages… Read More »

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Layoff

Florida Employment Law: What is a Constructive Discharge?

By Scott • Wagner and Associates |

An employee may leave a job for a wide variety of different reasons. In some cases, the position may simply not be the right fit. In other cases, there may be a better opportunity available. Of course, not all workers resign of their own volition. Unfortunately, some employees are all but forced to quit… Read More »

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EmpContract

If My Non-Compete Agreement is Lost, Is It Still Enforceable?

By Scott • Wagner and Associates |

Under Florida law, non-compete agreements are enforceable, subject to certain restrictions. One such restriction is that the agreement must be in writing and signed by the employee. In other words, an oral non-compete agreement is unenforceable. But what if your non-compete agreement is lost – is it still enforceable? Courts May Consider “Parol” Evidence… Read More »

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NonCompete4

Is My Non-Compete Agreement Overbroad? When a Court May Decide to Limit the Geographic Scope of a Non-Compete

By Scott • Wagner and Associates |

Many people sign non-compete agreements with their employers without necessarily taking the time to understand its precise terms. You may just assume the non-compete limits you to working for a competitor in the same town or county, especially when the agreement says as much. But while many non-compete agreements may purport to apply on… Read More »

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EmpLaw3

Are “Opt-Out” Arbitration Agreements Enforceable in Florida?

By Scott • Wagner and Associates |

At some point in an employee’s employment history, they may be requested to sign an arbitration agreement by their employer. “Opt Out” Arbitration Agreements are a new form of these type of agreements. If you find yourself presented with an Opt Out Agreement, what do they mean, and are they legal? In short, yes,… Read More »

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Training

My Employment Contract Requires Me to Repay Training Costs If I Leave the Company, Is this Legal Under Florida law?

By Scott • Wagner and Associates |

Does your employment contract include a provision that requires you to repay your company or organization for training costs if you leave your position? If so, you may be wondering: Is this type of contract enforceable in Florida? The short answer is ‘it depends.’ Florida courts may uphold a contract that forces an employee… Read More »

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