Category Archives: Employment Law

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 »

Facebook Twitter LinkedIn
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 »

Facebook Twitter LinkedIn
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 »

Facebook Twitter LinkedIn
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 »

Facebook Twitter LinkedIn
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 »

Facebook Twitter LinkedIn
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 »

Facebook Twitter LinkedIn
EmplLaw2

Federal Court Rejects Florida Whistleblower Claim Against Wells Fargo

By Scott • Wagner and Associates |

Florida’s whistle-blower laws are designed to protect employees who report, or refuse to engage in illegal activity on behalf of their employer. It is illegal for an employer to fire, discipline, or otherwise retaliate against an employee engaged in protected whistleblowing activity. That said, an employee who fails to engage in actual whistle-blower activity… Read More »

Facebook Twitter LinkedIn
EmpLaw4

The Importance of Getting It in Writing: How Non-Compete and Non-Solicitation Agreements Can Protect Florida Business Owners from Independent Contractors “Working on the Side”

By Scott • Wagner and Associates |

Non-compete and non-solicitation agreements are valuable tools for Florida employers looking to protect their legitimate business interests. But such tools are only useful if courts are willing to enforce these agreements. And enforcing a non-compete agreement is not always as easy as you might think. Florida Appeals Court Issues Injunction Against Photographer Take this… Read More »

Facebook Twitter LinkedIn
WorkComp2

Retaliatory Discharge Claims: How Florida Employers Can Get in Trouble for Firing Injured Workers

By Scott • Wagner and Associates |

Most Florida employers are required to maintain workers’ compensation insurance. This ensures that any employee injured in the course of their employment receives certain medical and wage replacement benefits. By law, an employer may never “discharge, threaten to discharge, intimidate, or coerce any employee” who claims–or even attempts to claim–workers’ compensation benefits. Fourth District… Read More »

Facebook Twitter LinkedIn
EmpDisc

Dealing with Racially Charged Remarks in the Workplace: What Florida Employers Need to Know

By Scott • Wagner and Associates |

All Florida employers need to be proactive in identifying and stopping any activities that may be construed as illegal harassment or workplace discrimination. At the same time, employers should understand that not every stray political comment made by a manager–even if it has openly racist or sexist connotations–will subject the company to liability. Nor… Read More »

Facebook Twitter LinkedIn