Category Archives: Labor and Employment

WageHour4

Misclassified as Exempt: Unpaid Wages for Employees Wrongfully Classified as Exempt Employees under the Law

By Scott • Wagner and Associates |

The Fair Labor Standards Act (FLSA) establishes nationwide minimum wage and overtime rules for employers. In general, an employee is entitled to be paid at least the minimum wage and receive overtime pay if he or she works more than 40 hours in a given pay period. But the FLSA also classifies certain employees… Read More »

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WorkLunch

My Employer Makes Me Work Through Lunch Breaks or Automatically Deducts Lunch Breaks from My Paycheck: Is This Legal? (Unpaid Wages Under Florida Law)

By Scott • Wagner and Associates |

While Florida is not a state that requires an employer to give employees rest or meal breaks, employees can still be wrongfully unpaid for a rest or meal break if they are given one. Commonly in Florida, employees are given lunch “breaks” – only to be told that they need to still answer the… Read More »

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Legal5

Are you Misclassified as an Independent Contractor? Understanding Worker Classification in Florida

By Scott • Wagner and Associates |

In the age of the gig economy (freelance work), it can be more difficult for workers to know if they should be classified as an “employee” or as an “independent contractor.” This is far more than a semantic difference — employees have certain rights under federal and state labor laws that independent contractors do… Read More »

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FMLA2

What Constitutes “Interfering” with an Employee’s Right to Medical Leave?

By Scott • Wagner and Associates |

Florida employers should exercise great care when drafting employee handbooks and training managers to respect the legal rights of workers. This includes a wide range of federal and state civil rights laws, such as the Family and Medical Leave Act (FMLA). This law affords employees the right to take a certain amount of unpaid… Read More »

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WageHour2

Unpaid Overtime: When Are You Entitled to Get Overtime Pay at Your Florida Job?

By Scott • Wagner and Associates |

Overtime can be tricky. Do you get overtime based on how many hours you work in a week or in a day? What if you work hours off the clock? Commonly, the confusion stems as overtime laws can vary from state to state and like any attorney may tell you when you ask about… Read More »

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Complaint1

Complaints in the Workplace: When Should an Employer Conduct a Workplace Investigation?

By Scott • Wagner and Associates |

If you are an employer who has received a complaint from an employee, you likely have an obligation under the law to conduct a prompt and thorough investigation of claims of these claims as soon as possible. In this article, we use the term “employer” to mean Human Resources or senior management. For example,… Read More »

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EmplLaw

How FMLA May Affect “No-Fault” Attendance Policies

By Scott • Wagner and Associates |

Dealing with absenteeism is a major challenge for any employer – causing financial losses and slowdowns. Some business have tried to combat these concerns by instituting “no-fault” attendance policies. In its basic form, such policies assign workers “points” for unexcused absences. When an employee reaches a certain threshold number of points, the employer will… Read More »

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WorkAbroad

Traveling Abroad for Work: Do U.S. Laws Apply to Employees Working Abroad?

By Scott • Wagner and Associates |

Florida is a major hub for international business and it is not uncommon for many U.S. citizen employees to be working outside of the country for a U.S. controlled employer. This includes employees working for foreign subsidiaries controlled by a U.S. Employer. The good news is that most major U.S. anti-discrimination laws still protect… Read More »

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Law

EEOC Challenges “Inflexible” Leave Policies

By Scott • Wagner and Associates |

It is advisable for any employer to have written policies governing employee leave and attendance. But, not just any policy will do. In drafting these policies, it is imperative to ensure that they are written to comply with a host of applicable federal, state, and local laws. Employers must be especially cautious before adopting… Read More »

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Employment6

Nine Considerations Before Accepting a Job Abroad

By Scott • Wagner and Associates |

There are many reasons why a U.S. resident might choose to work outside the United States. For some, there is the thrill of learning about life in a foreign country. For others, it may simply be a matter of economic necessity. Whatever your motivations, however, if you are thinking about accepting employment outside of… Read More »

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