Articles Posted in Employment Law

The recent United States Supreme Court case, Bostock v. Clayton County, Georgia, 17-1618, 2020 WL 3146686 (U.S. June 15, 2020), held that lesbian, gay, bisexual, and transgender (LGBT) employees are protected by Title VII of the Civil Rights Act of 1964 (Title VII). While the holding may be considered groundbreaking by some LGBT advocates, the…

As discussed in our previous articles about hostile work environment claims in sexual harassment cases and race discrimination cases, the severity and pervasiveness of harassment necessary to qualify as an unlawful hostile work environment is extraordinary. Many employment claims are made based on an occasional joke made in poor taste and microaggressions. Even if the…

The Family and Medical Leave Act (FMLA) was intended to allow “qualified employees” working for covered employers to be permitted unpaid medical leave arising from the employee or the employee’s family’s serious health conditions. Sometimes, an employee who is terminated for other reasons will claim that the termination was unlawful retaliation for seeking benefits under…

For an employer to be liable for retaliation under Title VII of the Civil Rights Act of 1964 (Title VII), the employee must show the adverse action (the decision to terminate) was made because of the employee’s protected activity (the submission of discrimination complaint). Employers may prevail against these retaliation claims by showing that the…

Employees who are terminated because of their poor performance or conduct sometimes accuse their former employers of employment discrimination. Employment discrimination claims can be based on a variety of “protected categories,” such as race, national origin, sex, or age discrimination. Such claims are most commonly asserted under federal law (such as Title VII of the…

While the Americans with Disability Act (ADA) and Florida Civil Rights Act (FCRA) aim to ensure that disabled people are given adequate accommodations for their disability, both statutes only protect persons who are, or are perceived as, “disabled” as defined under the ADA. Some terminated employees have sued their former employers under the ADA and…

This article is part three of a three-part series concerning employer defense against class action certification of employment law claims. Peter Mavrick is a Fort Lauderdale employment attorney, who also represents businesses in Miami and Palm Beach. The Mavrick Law Firm defends the interests of businesses and business owners in employment law disputes, including lawsuits…

This article is part two of a three-part series discussing how employers may successfully challenge class certification of lawsuits seeking overtime and minimum wages. The federal Fair Labor Standards Act (FLSA) sets forth a unique procedure of “collective actions,” instead of “class actions.” A collective action requires cumbersome procedures to get putative plaintiffs to join…

This article is part of a three-part series discussing the ways that employers may defend against measures taken by employee-plaintiffs who sue their employers to bring in additional plaintiff-employees into the lawsuit. Part one of this series defines and distinguishes between Fair Labor Standards Act (FLSA) collective actions and class action claims. Part two describes…

This article is the second part of the discussion of employer’s defense against overtime wage claims based on the commission sales overtime wage exemption, set forth in 18 U.S.C. § 207(i). exemption that allows certain businesses to not pay the employees paid mostly with commissions an overtime premium. Peter Mavrick is a Fort Lauderdale employment…