Florida Business Litigation Lawyer Blog

Most employees file charges of discrimination by contacting the EEOC, the Equal Employment Opportunity Commission. They will be given a form and they will complete a form, and they will meet with somebody at the agency to assist in completed that form.

Overtime hours are calculated based on the person’s hourly rate and anything above 40 they’re supposed to be getting a halftime premium. For example, if the hourly rate is $10 an hour and the person works five extra hours above 40 hours a week, they’re supposed to be paid an extra $5 for those extra…

Business disputes are handled as any other kind of lawsuit. It’s either going to be handled through negotiation, through a court process and litigation or through arbitration. Typically, business disputes should always have efforts to try to settle the cases and reach some kind of common ground. Sometimes a lawsuit will need to be filed…

Workers who receive tips also do require the payment of minimum wage. If you’re a tipped employee there are sometimes what’s called a tipped credit, which means that the poor employee can be paid a sub-minimum wage. A wage that’s less than a normal minimum wage because the employee is obtaining tips.

Some managers have to be paid overtime, some do not; it depends on their duties. To be exempt as an executive, which some managers are exempt from the overtime wage requirements of the Fair Labor Standards Act, there have to be certain duties met, as well as the person has to be paid on a…

Sometimes managers have to be paid overtime, sometimes managers do not — it depends on the duties of the actual managers. The overtime wage law, which is called the Fair Labor Standards Act, has a provision for executive-level employees, which some managers fall within that requirement. That would include being paid on a salary basis…

All employees do not need to have employment agreements, in fact most employees do not have employment agreements with their employees. It is beneficial though for employers to at least to have written policies, typically these should be signed off by the employees covering what is expected of the employee in the work place.

An employer typically cannot hold your paycheck until you return equipment because the employer always has to pay at least the minimum wage. Some employers attempt to do this where they withhold a paycheck. In that case, the employee can bring a claim for minimum wages as well as for their withheld paycheck. Employer, however,…

If there are untrue statements made by the former employer, the question is, were these defamatory statements? If they’re defamatory or they cast the employee in a false light, then there can be a claim for defamation. There also might be a claim for retaliation. That’s why it’s typically advisable for employers to be very…

An employer can require an employee to arbitrate claims after they’ve been hired, but there has to be a written agreement signed by both the employer and the employee. Courts will typically honor those agreements because courts encourage arbitration to minimize the impact in courts and allow the parties, both the employer and employee to…