Articles Posted in Employment Law

Many employers possess confidential information vital to generating profits. Employers routinely entrust employees with this information to facilitate business operations, but employees often leave their job after a few years to work for a competitor. When this happens, the employee takes the confidential information he or she learned to the next job. The employee might…

A recent decision from the federal appellate court that decides the legal standards for employment discrimination claims in Florida federal courts made it much easier for employers to defend against employment discrimination lawsuits. Under federal law, a plaintiff’s burden in an intentional-discrimination claim includes the burden to present evidence of other individuals who are “similarly…

This is Part Two of the two-part series of articles discussing the overtime wage exemption of truck loaders under the Fair Labor Standards Act (FLSA). Following the United State Supreme Court’s decisions discussed in Part One, the United States Department of Labor (DOL) issued regulations interpreting the Motor Carrier Act Exemption set forth at 29…

This article is Part One in a two-part series of articles discussing the exemption of loaders from the wage-hour requirements of the Fair Labor Standards Act (FLSA). Businesses whose works load large trucks transporting goods in interstate commerce can defend themselves from overtime and minimum wage claims. Under the Motor Carrier Act exemption to the…

Most discrimination claims against Florida employers are based on Title VII of the federal Civil Rights Act or under the Florida Civil Rights Act of 1992. A relatively recent case in the federal appellate court that has jurisdiction over Florida federal courts held that claims based on sexual orientation are not covered by the federal…

The Fair Labor Standards Act (FLSA) requires employers to pay overtime compensation to certain employees. 29 U. S. C. §201. There are, however, exceptions to the rule. In automobile dealerships, “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles…” is exempt and not entitled to overtime wages. §213(b)(10)(A) ( “FLSA exemption”). The…

Employers often face the situation where an employee seeks to return to work after medical leave but may no longer be able to handle the duties of his or her job. It is unlawful to terminate an employee for taking medical leave or for having a disability. However, it is lawful for an employer to…

Managing overtime is a constant struggle for many businesses especially when the employee’s duties necessitate irregular work hours or the typical work shift simply cannot be anticipated with reasonable certainty. Businesses that require on-call services can very easily find themselves paying an excessive amount of overtime to meet the demands of their clients with diminishing…

Under the federal overtime wage law, i.e., the Fair Labor Standards Act (“FLSA”), it is not always clear whether the law considers someone an “employee,” and it is not always clear who the law considers someone’s “employer.” Some people, for example, perform services for others while remaining self-employed as independent contractors. Different laws construe the…

Employers are faced with tough decisions every day with regard to their employees that could significantly affect the operation of their business. Such decisions include hiring the right employees, firing problematic employees, choosing which employees should be promoted, and decisions concerning demotion of employees. Employers have to be especially careful when making adverse employment decisions,…