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…
Continue reading ›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…
Continue reading ›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…
Continue reading ›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,…
Continue reading ›Florida’s private employer whistleblower act was enacted to protect employees from retaliation when they object to, refuse to participate in, or report certain unlawful or allegedly activities. Peter Mavrick is a Fort Lauderdale employment lawyer who has extensive experience in successfully defending employers accused of retaliation. In Juarez v. New Branch Corp., 67 So. 3d…
Continue reading ›Title VII of the Civil Rights Act of 1964 is a federal law which makes it unlawful to discriminate against a job applicant or employee based on their race, color, religion, sex, or national origin. This article provides an overview of the Faragher-Ellerth defense and how it can protect employers against claims for sexual harassment…
Continue reading ›The Fair Labor Standards Act (“FLSA”) establishes an employer’s obligations regarding the payment of overtime and minimum wages. The FLSA also contains various exemptions under which employees may not be entitled to overtime wages. One of these exemptions is the administrative exemption. Peter Mavrick is a Fort Lauderdale employment lawyer who has extensive experience dealing…
Continue reading ›The Florida Legislature enacted the Florida Civil Rights Act of 1992 with the intention of following the federal anti-discrimination law commonly known as Title VII of the Civil Rights Act of 1964. Both the Florida Civil Rights Act and Title VII of the Civil Rights Act prohibit certain types of employment discrimination. This article discusses…
Continue reading ›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…
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