Articles Posted in Employment Law

It is important for employers to properly classify their employees as exempt or non-exempt under the Fair Labor Standards Act (FLSA). Under the Fair Labor Standards Act, if an employee works more than forty hours in a week, the employee must be paid an overtime rate of at least 1.5 times their regular hourly rate…

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,…

Under Florida law, employees have a duty of loyalty to their employers. The breadth of the duty of loyalty depends on whether the employee qualifies as a fiduciary under the law. High level employees, such as corporate officers and directors, hold a strict fiduciary duty of loyalty to a corporation. The fiduciary duty of loyalty…

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…

The Federal Trade Commission’s rule banning most non-compete agreements is now before a federal appellate court. On May 7, 2024, the FTC proposed a rule that would have banned most non-compete agreements. This rule would have substantially impacted many businesses because non-compete agreements are used to prohibit employees from using the company’s information to compete…

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…