Articles Posted in Employment Law

The Florida Civil Rights Act (“FCRA”) of 1992, Section 760.01, et. seq., Florida Statutes, was enacted to prohibit discriminatory practices against employees in the workplace. The statute itself states that it shall be “liberally construed.” Case law follows judicial decisions interpreting federal employment anti-discrimination laws such as Title VII of the Civil Rights Act of…

Title VII of the Civil Rights Act attempts to redress workplace discrimination and sexual harassment. As an employer, it is important to understand the necessary action that must be taken to promptly correct sexual harassment claims in the workplace. One way employers can protect themselves is by providing employees with copies of their sexual harassment…

The United States Department of Labor (DOL) is a federal agency created in 1913 under the administration of President William H. Taft, which enforces the Fair Labor Standards Act (FLSA) created in 1938 under the administration of President Franklin D. Roosevelt. The DOL’s Wage and Hour Division (WHD) which formed simultaneously with the enactment of…

The Fair Labor Standards Act (FLSA) is a federal law which governs payment of overtime and minimum wages. There are however, certain key exemptions to the FLSA which can affect rights employees may have otherwise been entitled to, such as overtime compensation. Peter Mavrick is a Fort Lauderdale labor and employment attorney who has extensive…

Peter Mavrick a Miami labor and employment attorney has, on multiple occasions, successfully defended business from suits by current or former employees seeking unpaid overtime wages under the Fair Labor Standards Act (“FLSA”). In FLSA overtime wage cases, it is common for a plaintiff to allege that they worked a certain number of hours off…

The use of the two-tier method to determine whether collective actions should proceed under Section 216(b) of the Fair Labor Standards Act (“FLSA”) is inappropriate because it: (1) conflates Rule 23 standards with non-applicable wage and overtime claims under the Fair Labor Standards Act; and (2) wastes judicial resources and the resources of the parties.…

Employers that are faced with collective actions under the Fair Labor Standards Act may be able to defeat Motions for Conditional Certification if they can demonstrate the individualized nature of named plaintiff’s claims. See Caballero v. Kelly Services, Inc., WL 12732863, at *7 (S.D. Tex. Oct. 5, 2015) (denying certification where alleged violations were “not…

Typically no employee is entitled to severance pay unless there is a contractual obligation during the employment relationship where the employer and the employee had agreed that earlier in the relationship that when the relationship ends the employee is entitled to a certain amount of severance.

The Temporary employees can file discrimination claims, but only certain types of discrimination claims. Some claims require a certain period of employment for the employee to bring the claim. In other words, they had to be with the employer for a certain period of time to be able to have rights under that. An example…

A protected characteristic would include things such as the age of the person or their gender or their race or their ethnicity. Those are factors that the low considers to be typically irrelevant to whether a person is really doing a good job. Most employers aren’t going to be interested in what the person’s race…