Tag Archives: Florida Employment Lawyer

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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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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Employment1

Do I Need a Human Resources Manager or Director for My Company?

By Scott • Wagner and Associates |

As your Florida business grows, many business owners may find the majority of their time being devoted to handling employee matters – rather than focusing on the business itself. If this sounds like your situation, it may be time to consider hiring a Human Resources (“HR”) Manager or Director. Is There a “Magic Number”… Read More »

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EmpContract

Should An Employer Make Employees Sign or Acknowledge the Employee Handbook?

By Scott • Wagner and Associates |

Regardless of size, every Florida employer should consider having an employee handbook. An Employee Handbook is a document outlining the employer’s policies with regard to issues like working hours, rest breaks, vacation time, and expectations for workplace conduct. Keep in mind, an employee handbook is not the same thing as an employment contract, and… 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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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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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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Worker

Using the Employer’s Computer System at Work: What is Allowed and What is Illegal (the Computer Abuse and Data Recovery Act)?

By Scott • Wagner and Associates |

If you have a job in Florida in which you regularly have access to your employer’s computer system, or if your job requires you to be on the computer as part of your job duties, you probably wonder with some frequency: what is allowed and what is illegal when it comes to using the… Read More »

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