Got Labor Pains: The Blog

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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Pregnant

Accommodating Pregnant Employees: How Florida Businesses Can Get Into Trouble for Treating Employees Facing “Similar” Medical Restrictions Differently

By Scott • Wagner and Associates |

Federal law prohibits Florida employers from discriminating against employees on the basis of their pregnancy. This means that an employer must treat a pregnant employee the same as other persons “not so affected but similar in their ability or inability to work.” In other words, when crafting employment policies, you cannot treat pregnant workers… Read More »

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CovidBusiness

Keeping Workplaces Safe: EEOC Advises Employers They Can Screen Employees for COVID-19 Symptoms

By Scott • Wagner and Associates |

Much like the underlying public health situation, the legal environment surrounding the COVID-19 pandemic remains in a constant state of change. Regulators and members of the public alike must adjust to a “new normal” when it comes to maintaining safe workplaces. To that end, the Equal Employment Opportunity Commission (EEOC) recently revised its own… Read More »

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CivilRights

Know Your Rights While Protesting Police Brutality: A Message from Scott Wagner and Associates, P.A.

By Scott • Wagner and Associates |

The May 25 killing of George P. Floyd, Jr., by a Minneapolis police officer has sparked worldwide civil rights protests. Black Lives Matter and other organizations have used Floyd’s death to highlight the lack of accountability for police officers who use excessive–and often deadly–force against members of the community they are sworn to serve…. Read More »

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The U.S. Supreme Court Ruled on June 15, 2020 that the “Sex” Prong in Title VII Employment Discrimination Suits Extends to Gay and Transgender People

By Scott • Wagner and Associates |

The U.S. Supreme Court Ruled on June 15, 2020 that the “Sex” Prong in Title VII Employment Discrimination Suits Extends to Gay and Transgender People  READ MORE >>  

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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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