Category Archives: Labor and Employment

Handbook

Four Important Policies Employers Should Consider to Add to an Employee Handbook

By Scott • Wagner and Associates |

No matter the size, it is important for Florida businesses to consider maintaining policies and procedures for their employees, such as an Employee Handbook. A handbook should give employees a clear direction as to your expectations of their conduct  as it relates to the business and their job, as well as their responsibilities. While… Read More »

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Tip

Congress Halts Trump Administration’s Efforts to Change Employee Tipping Rules

By Scott • Wagner and Associates |

Many Florida workers, notably those in the restaurant and hospitality industries, rely on tips as a critical part of their income. Indeed, federal and state minimum wage laws allow employers to credit an employee’s tips towards their own obligations. In Florida, for instance, the regular minimum wage is $8.25 per hour as of 2018…. Read More »

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EmpContract

Negotiating Severance Agreements: Tips for Florida Employees

By Scott • Wagner and Associates |

While Florida law does not require employers to offer employees any particular severance pay upon termination of the employment relationship, many employers offer severance or separation pay anyways, typically in exchange for a release of potential legal claims that the employee may have, or to enforce a non-compete agreement. Severance may also be part… Read More »

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SexHarassment

Are Unpaid “Volunteers” Protected Under Employment Discrimination Laws?

By Scott • Wagner and Associates |

With sexual harassment continuing to draw national attention in the wake of the #MeToo movement, it is important more now than ever that employers are cognizant of their responsibilities to their employees under the law – including volunteers. Title VII of the federal Civil Rights Act of 1964 and the Florida Civil Rights Act… Read More »

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Employment2

Can a Florida Employer Ban Employees From Discussing Their Pay With Each Other?

By Scott • Wagner and Associates |

Pay discrimination on the basis of sex violates an employee’s rights to equal treatment in the workplace. But, how is someone even to know that they are getting paid less than their counterparts? Oftentimes, employees are unaware they may be the victims of pay discrimination simply because they do not know how much their… Read More »

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Sexual Harrasment

Preventing Sexual Harassment in the Workplace: Tips for Employers, Business Owners, and Managers

By Scott • Wagner and Associates |

Now more than ever, if you run a workplace in Florida, it is important to take steps to prevent sexual harassment. Indeed, employers are responsible for providing their employees with a work environment that does not discriminate and is free of harassment. An employer’s allegation that they were not aware of the harassment may… Read More »

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TradeSecret

“But That is Ours!” Protecting Trade Secrets: Important Tools for Employers

By Scott • Wagner and Associates |

So, you’re an employer in Florida and you’ve got a trade secret you want to protect – what are you doing about it? For any employer operating in Florida,  , it is important to think about workplace policies designed to protect trade secrets while employees are working for you, as well as policies designed… Read More »

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Marijuana

Marijuana as an Accommodation in the Workplace: Clearing the Haze

By Scott • Wagner and Associates |

So, you’re a Florida resident and you’ve got a medical marijuana card for your medical condition. Think you’re cool to light up for that medical condition with no repercussions at work? Tread carefully… For any Florida employee with a medical marijuana card, it is important to understand how marijuana use is treated in our… Read More »

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EmpLaw

Defend Trade Secrets Act—What Employers Need to Know

By Scott • Wagner and Associates |

In 2016, the Defend Trade Secrets Act (DTSA) became new law that created a federal cause of action for trade secret misappropriation. Prior to this law taking effect, employers or owners of trade secrets who were dealing with trade secret misappropriation were left primarily with remedies in state courts. While the DTSA does not… Read More »

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Discrim5

Eleventh Circuit Reinforces Convincing Mosaic Standard in Gender and Race Discrimination Cases

By Scott • Wagner and Associates |

The case of Lewis v. Union City, Georgia, No. 15-11362 (11th Cir. December 15, 2017) involved perception of disability and the convincing mosaic standard for her race and gender claims.  Jacqueline Lewis is an African American police detective who was terminated from her position after ten (10) years of service based on the allegation… Read More »

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