Florida Employment Legal Questions

Yes. It may get stayed pending the outcome of the bankruptcy proceeding and your employer may need to ask the bankruptcy judge for permission to pay any judgment. To fully answer the question, it would be helpful to know the type of bankruptcy proceeding and other information that is part of the bankruptcy record.... Read More

If your unemployment benefits get denied, you should file an appeal. You can get an attorney to represent you if you like. If you appeal, there will be a hearing conducted by phone and you will get the chance to state your side. Based on what you said, I think you have an excellent chance of success.... Read More

You can be fired for no reason at all. California is an "at will" employment state. You can be terminated for wearing a blue shirt. [but if you PROVE with EVIDENCE you are fired for being gay, being born in another country, being female/male, practicing a religion or having a minor disability, you can demand reinstatement with back wages.] If the prescription drug is for a 'disability' and you can perform ALL 'essential job functions' DESPITE THAT DISABILITY you've got an Americans With Disabilities Act claim. Super, dooper HARD to prove, and very very very expensive to prove...so most lawyers can't afford to prove these for Subway and WalMart jobs.... Read More

It depends on whether you are a public or private sector employee and whether your employer holds itself out as a Drug Free Workplace under Florida's act. Most likely, if you are a private sector employee, you will not be protected under the Americans with Disabilities Act solely on the basis of having a drug addiction and your employer can terminate you.... Read More

It depends on the nature of your complaint to HR. Of you were complaining that the manager makes you work off the clock, for example, your internal complaint would be protected activity under the Fair Labor Standards Act, and you would have a right to sue for unlawful retaliation provided  you could show that the manager took some action that would  adversely affect your working conditions. If you were complaining about what you reasonably understand is unlawful discrimination (based on race, color, creed, gender, national origin, age, disability , veterans status, or status as a member of the Armed Forces or Reserves) your action could be protected activity under Title VII, the ADEA, the ADA/ADAAA, or USERRA. In the Eleventh Circuit (which has jurisdiction over federal courts in Florida) you need to be right about the unlawfulness of the discrimination which you opposed (i.e., there must have actually been discrimination for you to oppose in complaining to HR).  It is unlawful under most federal laws for an employer or its agent to discriminate by making adverse changes in a person's working conditions because that individual exercised rights protected by the federal statute.   Michael A. Caldwell 404-979-3150... Read More

Quit and file criminal charges (if he's physically touched you). If you don't want to quit, then: If you work for a large company and it's not your "boss" (i.e. the owner) and just a supervisor, you should file a grievance pursuant to the company's grievance policy. If the company does not have a grievance policy, then complain to the human resources department (remember to document everything). If it is the actual boss (i.e. owner) or just the supervisor and you believe that you're being mistreated because of your, race, ethnicity, age, gender, religious belief or sexual orientation; then you should file a complaint with the EEOC.... Read More

The employer is free to pay whatever it believes your labor is worth, so long as the employer is paying at least the minimum wage. As an employee, you are free to accept that amount, or to work for another employer. You and your employer both have the same freedom.   Michael Caldwell 404-979-3150... Read More

As I understand your issue, you are asking whether an employer can force an employee to work a schedule which they cannot work due to child care issues.  Usually, yes.  The employer is paying you for your work time, and gets to set whatever schedule the employer believes is best for the company.  An employee who can't get child care in place to permit them to work the assigned schedule is not entitled to a change in shift schedules in order to accommodate child care needs.  ... Read More

There is a special provision in the Fair Labor Standards Act which applies to police departments that allows police employers to use a pay period of up to 28 days for purposes of calculating overtime pay entitlement for law enforcement officers. If the employer uses a 28 day pay period, the employer need not pay overtime until the police officer has worked 171 hours.  If the employer uses a shorter pay period, the number of hours that an officer must work before becoming entitled to overtime pay is reduced proportionately.   Michael A. Caldwell  404-979-3150... Read More

Under the federal Fair Labor Standards Act (FLSA) you are entitled to be paid for all the time you actually work.  This does not require that the employer pay you for holidays. If you have counted the 48 hours by crediting yourself for the 8 hours of holiday time, then you are not entitled to overtime.  If you have actually worked 48 hours in a 7 day pay period, you are entitled to overtime pay (1.5 x your regular hourly rate of pay). If you are a private employee there can be no  "comp time" to compensate you for the overtime..   Michael Caldwell 404-979-3150... Read More

It may.  I am assuming the arbitration agreement would say that you will agree to arbitrate any dispute rather than sue in court.  However, whether the agreement would waive your rights depends on many factors.  For instance, the arbitration agreement cant prevent you from filing a charge with EEOC or the local civil rights commission.  Also, if you have no power to negotiate any portion of the agreement, and the employer does not pay you something for agreeing to sign the agreement, it could be what lawyers call a "contract of adhesion" which could be invalid.  I think you should assume that if you sign an arbitration agreement it would be valid and that you would be agreeing to waive the right to go to court, however.... Read More

Under federal law, teachers in "elementary or secondary schools" are exempt from the minimum wage/maximum hour provisions.  However, since you are paid hourly, rather than a salary for all work performed, you might be entitled to compensation for attending the required meetings.  Since you are paid hourly, the law would require the employer to pay for all "hours worked."  Since the meetings are required by the employer, I believe there is a good chance the time spent attending them would be "hours worked" under the law, and therefore the employer would be required to pay the hourly rate.  I suggest you contact the Florida Dept. of Labor and ask them for guidance.  ... Read More

No.  Most employers will try to keep as much of the information as possible confidential.  However, when an employee reports sexual harassment the employer has an obligation to investigate the report and determine whether harassment has occurred.  In order to do that, the employer will have to interview any witnesses, and in doing so will probably reveal information which will reveal who is making the complaint.  If a particular person is being accused of the harassment, that person will have to be interviewed.  During that interview the identity of the person making the complaint will probably become known to the person being accused.  Otherwise, the person being accused cannot be given a fair chance to respond to the complaint.... Read More

A recent appellate decision upholds the right to recover unpaid wages together with attorneys fees and costs. This is a powerful tool. In the recent case, the employee was awarded wages of $31,000, interest, court costs and attorneys fees of $112,000. The law in question is Florida Statute §448.08. In addition, claims may be available under the Fair Labor Standards Act or Florida's Minimum Wage Act. As in all cases, it's important to be aware of the statute of limitations. Failure to act in a timely fashion results in a claim being forever barred. There are at least three potential limitations periods which may apply. The first provides for a two-year statute of limitations in an action to recover unpaid wages.  The second statute of limitations period is a four-year statute of limitation which applies to violations, other than willful violations, of Florida's Minimum Wage Act. The third statute of limitations period is the longest and it provides for a five year statute of limitations for a willful violation of Florida's Minimum Wage Act. This last period may apply to you because your employer knows it is liable for your wages.Requiring a resignation is not a valid excuse for non-payment. In a similar vein, an employer is not entitled to deduct from a final paycheck for things like property the employer suspects the employee took or even stole.Finally, your employer owes interest.  In calculating this, you should have gotten your last paycheck no later than the next regularly scheduled payroll following your termination. ... Read More

As for recording audio, Florida forbids the recording of private conversations without the consent of all parties.  Violation of this law is a misdemeanor.  As for videotaping without audio, the law is more complex.  In general, using a camera in a public area without the other party's knowledge should not be an issue so long as audio is not recorded.  It gets trickier where a camera is used in a place or area where the other party has a reasonable expectation of privacy.  Obviously, a hidden camera in a locker room or bathroom would be a very serious concern and, in all likelihood, a violation of privacy under a number of legal theories.  Similarly, the owner of a property has the right to ban use of cameras.  Violating a ban or prohibition of this type could  be invasion of privacy as well as trespass and subject the violator to civil and/or criminal penalties. Finally, your supervisor may have a valid business purpose in asking you not to disclose your write-up to team members.  Unless there is a discriminatory or illegal motive to keeping the write-up confidential, the request seems appropriate.... Read More

You can bring claims under State and Federal law.  Florida statutes allow an action for unpaid wages as well as for failure to pay a minimum wage.  You would recover what is owed plus, in some cases, a penalty and court costs and attorneys fees.  In addition, you may be able to file a claim under the Federal  Fair Labor Standards Act.  If you decide to wait to bring a case, you should be conscious of the fact that there are three, distinct statute of limitation periods which may apply when an individual brings a claim to recover unpaid wages. The first of provides for a two-year statute of limitations in an action to recover unpaid wages. The second statute of limitations period is a four-year statute of limitation which applies to violations, other than willful violations, of Florida's Minimum Wage Act. The third statute of limitations period is the longest and it provides for a five year statute of limitations for a willful violation of Florida's Minimum Wage Act. ... Read More