Got Labor Pains: The Blog

Restaurant

DOL: $162,310 In Back Overtime Pay Recovered For Restaurant Workers In Key West, FL

By Scott • Wagner and Associates |

On June 3rd, 2021, the Department of Labor (DOL) released a public statement confirming that three Key West, Florida restaurants—Little Pearl, Thirsty Mermaid, and Antonia’s Key West—have been cited for unpaid overtime violations. In total, the federal agency reports that it collected more than $160,000 in back overtime pay on behalf of nearly four… Read More »

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Discrimination2

Can A Florida Employer Discriminate Against LGBTQ Workers Based On Customer Preference?

By Scott • Wagner and Associates |

Last June, the Supreme Court of the United States issued a landmark ruling in Bostock v. Clayton Cty., Georgia. In the decision, the court’s majority clarified that LGBTQ workers are already protected under Title VII of the Civil Rights Act. Discrimination on the basis of LGBTQ status is a form of sex discrimination. You… Read More »

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Employees

Miami EEOC Office Hosts Event Highlighting COVID-19 And Impact On Asian-American Employees

By Scott • Wagner and Associates |

Last month, the Equal Employment Opportunity Commission (EEOC) hosted a free event to bring attention to the impact that the COVID-19 pandemic has had on the Asian-American community across the country—particularly in regards to “violence, harassment and acts of bias against Asian Americans and Pacific Islanders (AAPIs).” The event was held in Miami, FL… Read More »

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EmploymentLaw3

EEOC Files Disability Discrimination Lawsuit Against UPS, Alleges Jacksonville, FL Employee Was Unlawfully Terminated

By Scott • Wagner and Associates |

On June 30th, 2021, the Equal Employment Opportunity Commission (EEOC) published a news release confirming that the agency has filed a disability discrimination lawsuit against UPS on behalf of an employee based in Jacksonville, Florida. The federal agency alleges that the man was wrongfully fired due to his disability status. Below, you will find… Read More »

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Employment2

Am I Legally Required To Give Two Weeks’ Notice In Florida?

By Scott • Wagner and Associates |

You have probably heard that it is common courtesy to give at least two weeks’ notice before quitting a job. By giving an employer plenty of notice you can help to preserve a positive relationship. Of course, giving two weeks’ notice is not necessarily possible or practical in every situation. You may be wondering:… Read More »

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Vaccine

Can An Employer Require Employees To Get Vaccinated In Florida?

By Scott • Wagner and Associates |

According to the Florida Department of Health, approximately 55 percent of residents in Florida have received at least one dose of the COVID-19 vaccine. Federal and state officials report that everyone who is 12 years of age or older is now eligible to get vaccinated. Many employers are asking (even requiring) employees to get… Read More »

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EmploymentLaw2

Is My Employer Required To Accommodate Me For My Scheduled Chemotherapy Treatment?

By Scott • Wagner and Associates |

Many families are affected by cancer. The Florida Department of Health reports that approximately 115,000 new cases of cancers are reported in the state each year. While we still have a very long way to go to fight the disease, improved chemotherapy treatments are improving the short-term and long-term prognosis for patients. Many people… Read More »

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CollegeStudent

Does The National Labor Relations Act Cover Graduate Student Assistants?

By Scott • Wagner and Associates |

For quite awhile now, graduate student teaching assistants across the country have argued that they should be considered employees, and not students, for the purposes of being covered by the National Labor Relations Act (NLRA). Indeed, for years, graduate students have attempted to organize, and have argued that they should be entitled to collective… Read More »

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EmploymentDiscrimination

EEOC Files Religious Discrimination Lawsuit Against South Florida Hotel

By Scott • Wagner and Associates |

On February 24th, 2021, the U.S. Equal Opportunity Commission (EEOC) announced that the agency is filing a religious discrimination lawsuit against Noble House Solé, LLC, a boutique hotel located in Sunny Isles Beach, Florida. The federal agency charges that the company unlawfully discriminated against an employee when it refused to offer a religious accommodation… Read More »

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Upset

My Employer Retaliated Against Me By Demoting Me—What Are My Rights?

By Scott • Wagner and Associates |

In the context of employment law, retaliation occurs when an employer punishes a worker for engaging in a lawfully protected activity. To bring a successful workplace retaliation claim in Florida, an employee must prove the following three things: They participated in a protected activity—such as objecting to or reporting sexual harassment or filing a… Read More »

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