Articles Posted in Labor – Employment Law

If a business receives an administrative charge of discrimination by an employee, or is sued by an employee for alleged violations of an employment statute, can the business sue the employee?  Maybe the business can claim the employee defamed it by making false statements about the business. However, the employee will likely claim that the…

It is important for employers to comply with the Americans with Disabilities Act (ADA) and all of its various obligations. The ADA prohibits employers from discriminating against employees based on a disability. A disability is (a) a physical or mental impairment that substantially limits a major life activity, and (b) a record of such impairment,…

The litigation privilege protects parties and their attorneys from liability for statements and other acts taken in relation to litigation. “The litigation privilege in Florida provides all persons involved in judicial proceedings, including parties and counsel, an absolute privilege from civil liability for acts taken in relation to those proceedings.” Cherdak v. Cottone, 2023WL 2044608…

The Fair Labor Standards Act (FLSA) requires employers to pay employees overtime for hours worked in excess of 40 hours in a week. The overtime rate is one and a half times the employees’ regular hourly rate. However, the FLSA also establishes many exemptions from the overtime pay requirement. Common exemptions include the professional, administrative,…

The Fair Labor Standards Act (FLSA) generally requires employers to pay employees an overtime rate of 1.5 times their regular hourly rate for hours worked in excess of forty hours per week. The FLSA sets out a number of exemptions to the overtime pay requirement for certain types of employees. Some of the most common…

An employer should take care to understand its legal responsibilities if it has a pregnant employee because several laws prevent an employer from discriminating against that employee. Title VII of the Civil Rights Act of 1964 (Title VII) and the Florida Civil Rights Act (FCRA) prohibit employers from discriminating against pregnant employees. The Americans with…

Many employers attempt to comply with Title VII of the Civil Rights Act of 1964 (Title VII) and treat all employees equally based on their protected statuses. Title VII prohibits employers from discriminating against employees based on race, color, sex, religion, and national origin. Notwithstanding, employers sometimes have to contend with unmeritorious Title VII lawsuits…

Sometimes business deals result in disagreements between business partners about the direction of the business. This includes cases where a business partner acts improperly by trying to usurp control of the business and oust or “freeze-out” other partners. An example of this occurred in recent case filed in Pennsylvania, Harvey v. Tidemark Partners 1 LP.…

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating based on “race, color, religion, sex or national origin.” The broad language of this statute makes employers susceptible to Title VII claims brought by employees. Most Title VII lawsuits are brought by members of a minority group. However, a member of a…

It is important that businesses classifying workers as independent contractors ensure they are properly classified. Whether workers are independent contractors can have important implications for various federal and state statutes. For example, if a worker is an independent contractor, the business does not have to pay them overtime under the Fair Labor Standards Act. Many…