Category Archives: Employment Law

UnBenefits

Florida Governor DeSantis Signs Bill for Unemployment Benefits for Victims of Domestic Violence

By Scott • Wagner and Associates |

Florida law provides for unemployment compensation–known as “reemployment assistance”–for workers who lose their jobs through no fault of their own. Typically, employees who voluntarily leave their position are not qualified to receive these benefits. However, there are some exceptions, such as a person who quits their job to relocate with a spouse in the… Read More »

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SexHarassment

Sexual Harassment Is No Laughing Matter: Florida Employer Faces Federal Lawsuit for “Abusive Contact and Retaliation”

By Scott • Wagner and Associates |

Sexual harassment is a form of illegal sex discrimination under both federal and Florida state law. The laws further prevent an employer from being passive when an employee makes a complaint regarding possible harassment. Under both federal and state laws, employers must have appropriate policies and procedures in place to process, investigate, and handle… Read More »

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EmpContract

If You Don’t Have Anything Nice to Say… Considerations for Employers Discussing Reasons for Employee’s Separation

By Scott • Wagner and Associates |

Requests for references from former employers is a common occurrence in today’s workplace. But as a Florida employer, the reference you may give can get you in hot water. So, before you pick up the phone to provide your next reference or to talk to other coworkers about the reasons for an employee’s departure,… Read More »

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Law

A Whole Year of Paternity/Maternity Leave: How Companies are Leading the Curve and How Your Company Can Do It

By Scott • Wagner and Associates |

The United States may be known around the world for providing progressive rights to its citizens, but there is one area where the U.S. unquestionably falls behind others: family leave. For instance, the U.S. is the only developed nation that does not require employers to offer paid leave for new parents. According to a… Read More »

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GunCharges

Florida’s “Bring Your Guns To Work Law”: Can Employees Have Their Guns at Their Florida Workplace?

By Scott • Wagner and Associates |

Although Florida has been devastated by several high-profile mass shootings in recent years, state law continues to favor a strictly pro-gun rights interpretation of the Constitution. This means that even when Florida employers wish to restrict the presence of firearms on their own property for safety reasons, they may not do so under Florida… Read More »

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EmpLaw2

NLRB “Returns” to Pre-2014 Standard for Classifying Independent Contractors

By Scott • Wagner and Associates |

The legal question of whether to classify someone as an “employee,” rather than as an “independent contractor,” remains divisive. In some jurisdictions, such as California, the courts have moved to a more expansive definition of “independent contractor” based on changing economic norms. But recently, the U.S. federal agency the National Labor Relations Board (NLRB)… Read More »

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Employment7

Employer Practices in Florida: The Pros and Cons for Offering Employees Unlimited Vacation Leave

By Scott • Wagner and Associates |

According to a recent survey by the Society for Human Resource Management (SHRM), 92 percent (92%) of employees said paid leave was the single most important factor in determining their “overall job satisfaction.” Yet only 73 percent (73%) of these same employees said they were satisfied with the amount of paid leave offered by… Read More »

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Employment6

Sick Leave: Your Rights Under Florida Law

By Scott • Wagner and Associates |

The New York Times recently published a report on “The Death of the Sick Day,” which illustrated the number of people who elect to work from home when they are not feeling well enough to go into the office or even those recovering from a serious medical condition. And this trend is not just… Read More »

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DomesticViolVictim

Domestic Violence and Your Florida Job: When You Need Time Off Work for Domestic Violence Issues

By Scott • Wagner and Associates |

It is no understatement: Domestic violence takes an enormous toll on its victims. In addition to the physical and mental trauma, many victims are worried about their financial security. For instance, what if you need to take a day off from work to speak with a lawyer or meet with a prosecutor about your… Read More »

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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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