Category Archives: Employment Law

TeenWorkers

It’s Summer and Florida Employers Are Hiring High School Students, But Do They Understand Child Labor Laws?

By Scott • Wagner and Associates |

Many high school students are eager to earn some extra money working a summer job. And there are plenty of Florida employers who will gladly hire relatively low-wage, younger workers to meet their seasonal needs. But just because the kids are not in school, that does not mean they can be treated the same… Read More »

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EmpLaw3

Disloyalty or Retaliation? Federal Appeals Court to Reconsider Whether Employer Can Fire Manager for Allegedly Encouraging Discrimination Lawsuits Against the Company

By Scott • Wagner and Associates |

Federal law not only prohibits discrimination on the basis of certain protected characteristics, such as race or sex. It also forbids employers from engaging in acts of “retaliation” in response to allegations of discrimination. In other words, you cannot fire or demote an employee just because they filed a discrimination complaint against you with… Read More »

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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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