Articles Posted in Employment Law

Not every discrimination law covers every employer. Most anti-discrimination laws require a certain number of minimum employees. For example, Title XII of the Civil Rights Act, as well as the Florida Civil Rights Act, require a minimum of 15 employees for the law to apply at all. Other laws, though, do not require a minimum.…

A salary employee is someone who gets a fixed amount of money, regardless of the number of hours worked.

If the employer refuses to pay severance pay, the first question the employee has to ask is was there a contractual obligation of the employer to pay severance pay. Typically there is not. Many times, executive level employees will have written contractual agreements that state that they’re entitled to a certain amount of severance pay…

There are damages only if there is a contractual obligation for the employer to pay severance pay. Severance pay means that the employer is going to pay a certain amount of money at the end of the employment relationship. Some employees have written agreements ahead of time, where there has been a promise by the…

Deductions from an employee’s wages typically are going to be taxes such as social security tax, medicare tax, federal income tax withholding. Sometimes there’ll be other things that are required by the government to withhold such as child support. Typically though an employer sometimes will enter an agreement with an employee where there will be…

There are many laws that protect employees from employment discrimination. Examples of these laws include laws that prohibit employees from being discriminated against based on their race or their ethnicity or their gender. There are many other laws that the legislatures have created in recent years, such as discrimination based on sexual orientation or whistle…

Employment at will means that the employer does not need a reason, nor does the employee need a reason, to terminate the employment relationship. It can be terminable at any point in time with or without any reason. A cause provision, by contrast, requires there be a good reason for it: for example, poor performance,…

To be discriminated against at work means that the employee is being protected by specific legal categories, such as the color of their skin or their ethnicity. When an employer violates employee’s rights to be free of discrimination, the employer is treating the employee worse because of this protected category, mainly the color of their…

The Family Medical Leave Act is a federal statute that allows employees to take a certain amount of leave time for very important events such as, for example, the birth of a child or to care for a very close family member. To fall within that statute, the employee has to work for a certain…