Got Labor Pains: The Blog

EmploymentLaw

Can Florida Employers Require All Job Applicants to Take Drug Tests?

By Scott • Wagner and Associates |

Workplace drug testing is a controversial subject. Many employers feel its imperative to maintain a drug-free workplace. But employees also have legitimate privacy concerns about such tests. So what does Florida law actually permit–or require–when it comes to drug testing? Maintaining a “Drug-Free Workplace” in Florida From the standpoint of federal labor laws, drug… Read More »

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Discrim5

Artificial Intelligence in the Workplace and Discrimination: The Future of Work

By Scott • Wagner and Associates |

A major benefit to progressive technology is automating routine tasks for efficiency. For instance, many businesses may use computer programs like Quickbooks or even Microsoft Excel to assist with mathematical equations to help run an efficient ledger. But there are some aspects of business where automation can raise significant legal issues. Let’s consider one… Read More »

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Employment5

What Is a Chief Freelance Officer and Do I Need One in My Workplace?

By Scott • Wagner and Associates |

In today’s gig economy, we are seeing more workers than ever who are considered self-employed or independent contract workers*. For many established businesses, these freelancers provide a relatively less-expensive and more flexible alternative to traditional employees. But as firms become more dependent on these non-employees to complete mission-critical projects, and without the workers being… Read More »

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EqualPay3

The Challenges of Proving Pay Discrimination in Florida

By Scott • Wagner and Associates |

Across the board, studies show women are frequently paid less than men for performing the same job. While the Equal Pay Act and Title VII of the Civil Rights Act are designed to prohibit such discrimination, pay disparity remains a problem for many Florida women, in part because the laws themselves include a number… Read More »

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Employment4

Can Salaried Employees Still Get Overtime Pay in Florida?

By Scott • Wagner and Associates |

Some Florida employers assume that if they put an employee “on salary,” as opposed to an hourly wage, that means they do not have to pay any overtime. This is a common misconception of the law. While many salaried employees might fall into a status of exempt from the Fair Labor Standards Act’s (FLSA)… Read More »

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WageHour4

Misclassified as Exempt: Unpaid Wages for Employees Wrongfully Classified as Exempt Employees under the Law

By Scott • Wagner and Associates |

The Fair Labor Standards Act (FLSA) establishes nationwide minimum wage and overtime rules for employers. In general, an employee is entitled to be paid at least the minimum wage and receive overtime pay if he or she works more than 40 hours in a given pay period. But the FLSA also classifies certain employees… Read More »

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WorkLunch

My Employer Makes Me Work Through Lunch Breaks or Automatically Deducts Lunch Breaks from My Paycheck: Is This Legal? (Unpaid Wages Under Florida Law)

By Scott • Wagner and Associates |

While Florida is not a state that requires an employer to give employees rest or meal breaks, employees can still be wrongfully unpaid for a rest or meal break if they are given one. Commonly in Florida, employees are given lunch “breaks” – only to be told that they need to still answer the… Read More »

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Legal5

Are you Misclassified as an Independent Contractor? Understanding Worker Classification in Florida

By Scott • Wagner and Associates |

In the age of the gig economy (freelance work), it can be more difficult for workers to know if they should be classified as an “employee” or as an “independent contractor.” This is far more than a semantic difference — employees have certain rights under federal and state labor laws that independent contractors do… Read More »

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FMLA2

What Constitutes “Interfering” with an Employee’s Right to Medical Leave?

By Scott • Wagner and Associates |

Florida employers should exercise great care when drafting employee handbooks and training managers to respect the legal rights of workers. This includes a wide range of federal and state civil rights laws, such as the Family and Medical Leave Act (FMLA). This law affords employees the right to take a certain amount of unpaid… Read More »

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WageHour2

Unpaid Overtime: When Are You Entitled to Get Overtime Pay at Your Florida Job?

By Scott • Wagner and Associates |

Overtime can be tricky. Do you get overtime based on how many hours you work in a week or in a day? What if you work hours off the clock? Commonly, the confusion stems as overtime laws can vary from state to state and like any attorney may tell you when you ask about… Read More »

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