Florida Employment Legal Questions

Of course, every case is different and a lot depends on the facts and circumstances of your situation.  Generally speaking, assuming you've never had this sort of problem before, you will be given an opportunity to repay the money without criminal charges being filed.  Also, if you need time to make the payments, the State will agree to payment terms based on what you can afford.  Because the law does provide the potential for criminal charges and since the financial penalties can be pretty stiff, it's a good idea to be represented.  Your lawyer should be able to negotiate a resolution if you did receive unemployment compensation improperly.... Read More

If you are an eligible employee under the FMLA (i.e., if you have worked for at least 1,250 hours within the last 12 months for an employer which has 50 or more employees within a 75 mile radius of the worksite), and you have requested FMLA leave for your own serious health condition which prevents you from performing the essential functions of your job, then an employer may reasonably request a second opinion to verify the need for leave. It may also request a fitness for duty certification before allowing you to return to work following FMLA leave. However, the second opinion must be done at the employer's expense and within a reasonable period of time from the date of your request. An employer may not interfere with an eligible employee's right to FMLA leave, which is up to 12 weeks of unpaid leave on an intermittent, reduced schedule, or full time-off basis. However, the employer may seek clarification and recertification of an eligible employee's request and need for FMLA leave and yet still be within its rights under the FMLA, so long as its conduct is reasonable and is in strict compliance with FMLA regulations in terms of timing, notices, and responses. Further, your condition may qualify as a disability under the Americans with Disabilities Act, as amended, if you require leave or other accommodations in order to perform the essential functions of your job. For further and more detailed information, you should consider consulting with a lawyer knowledgeable in the area of FMLA rights and responsibilities, as well as in matters pertaining to the Americans with Disabilities Act.... Read More

If you had an accident at work and got hurt, I would recommend that you call me so we can discuss your workers' compensation claim.  When you do not have an attorney, there is no time table for the Employer or Carrier to respond to your requests for lost wages.  However, when you have an attorney, we file a Petition for Benefits with the Court and request your lost wages and medical treatment.  After a Petition for Benefits is filed, the Employer/Carrier must file a Response.  The State of Florida will also set up a Mediation and Final Hearing in front of a Judge in case the issues can not be resolved. It is against the law to be fired for having a workers' compensation accident or filing a claim.  However, I would need to know more details of your accident to address your options.   http://workerscompfl.net/fired-for-workers-compensation-claim Please call me for a FREE consultation at (877)817-4127.   Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1401 Forum Way, Suite 503West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net  Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read More

Although some state laws (e.g., California's) provide otherwise, there is no limit placed by federal law on how many days in a row an employer can require en employee to work, nor (on most jobs) how many hours in a day an employer can require an employee work. Generally, if the employer is covered by the FLSA, the restriction on the number of days or hours that an employee works is an economic one.  That is, the employer has to pay the employee premium pay (1.5 x the employee's regular hourly pay rate) for all hours the employee works over 40 hours in a 7 consecutive day pay period. he does not have such restrictions or requirements if the employee is "exempt" from overtime pay eligibility. There are over 200 exemptions. The most common are the ":white collar exemptions (professional employee; executive employee; or administrative employee). These three exemptions have precise definitions that are very narrow, and the employer must prove that the employee satisfies every part of the exemption.  One requirement that all three exemptions have in common is that, to be considered exempt from overtime pay coverage, the employee must be genuinely salaried. That means that the employee's pay cannot fluctuate according to the number of hours or days that the employee works in a work week. If the employee works 15 minutes in a work week, the salaried employee must be paid the whole salary. If the pay fluctuates because the employee has missed a day of work, then the employee is not salaried. If the employee is not salaried then he must be paid overtime.  There are other wrinkles in this law too, including the :fluctuating work week pay method of calculation which is beyond your question.   Michael Caldwell 404-979-3150... Read More

Employers are human too, and sometimes they can be unreasonable or short (just like employees).  The law doesn't usually involve itself in the nitty-gritty details of everyday work life where feelings get hurt or people get embarrassed unless the reason for the bad behavior is an unlawful one under federal or state law, and the employee suffers an economic loss as a consequence. If the employer treats you in an inconsiderate manner, try bringing this to his attention in a non-confrontational manner ("When you say/do this, it makes me feel . . . .")  Chance are, he doesn't even realize he is doing it. If he does realize it and doesn't care, take your talents and loyalty to another employer. Bottom line: this may be inconsiderate or even boorish. But it's not illegal. Michael Caldwell 404-979-3150 ... Read More

-Under the Fair Labor Standards Act, you must be paid for all the time that you worked. Compensable time includes time when you are being paid to wait for a customer to show up. With regard to "stand-by" time the question boils down to whether you are engaged to wait, or waiting to be engaged. When engaged to wait, the time is compensable under the FLSA. If you are waiting to be engaged, it is not (unless you actually are engaged). If you have such freedom that you could use the time for your own purposes when you are waiting to be called in to work, you are waiting to be engaged. If you are required to show up at your employer's store at a certain time, and must remain there until a customer comes, you are "engaged to wait."It is unlawful to require this while also prohibiting you from clocking in. Keep accurate written records of the exact time that you show up for work each day. That will determine the time that you should start earning pay. If you employer fails to record this time, or orders you to not clock in before a customer shows up, it violates the law. Since the employer is required to keep accurate records of all the time the employee works (including time the employee is "engaged to wait"), that failure will be an additional violation of the law. The court will accept your record of the time that you actually showed up each day, and you will be awarded unpaid wages, overtime (if any) and a similar amount as "liquidated damages." Plus you will be awarded your attorneys fees.    Michael Caldwell 494-979-3150  ... Read More

Drug and alcohol testing is a very complicated are of the law, but I'll give you some general information which I hope will help you.  In the U.S., drug and alcohol testing really began when the Congress passed the "Drug Free Workplace Act of 1988."  The Department of Transportation then published regulations to implement the law.  These regulations covered the trucking, maritime, pipeline and other industries which were already subject to various federal safety standards.  The requirements of the law also apply to federal contractors, so many private companies have to comply.  Therefore, many private companies adopted policies prohibiting the use, possession, sale, etc. of drugs in the workplace, and as a part of those policies required employees to have drug tests. Generally - and this is only a general statement - drug tests fall into one of 3 categories; a) "post-offer" testing which is given as part of a physical exam after a job offer is made but before the applicant begins work, b) "for cause" testing which is done when the employer has a "reasonable, good faith objective suspicion" an employee has violated the policy, often in connection with an accident or "near miss," and c) "random" testing.  OK, so an employer can test after a job offer is made and where there is "good cause" to believe an employee is in violation of the drug policy.  If the employer is in the transportation industry, gas industry, maritime industry, etc., or in private industry where the job is "safety sensitive" the employer may (in fact in some industries, has to) require employees to take "random" tests. So, let's get to your specific questions.  An employer can require employees to undergo testing even if there was no drug test required at the time of employment.  Many employers do not require "post offer" drug tests, but DO require "for cause" or "random" testing under their policies.  Also, if an employer does not have a drug and alcohol policy it may decide to implement one.  If that happens, the policy will probably cover all employees whether they had a post offer drug test or not.  Who is covered, and under what circumstances, depends on the language of the policy. Finally, not every employee has to be tested.  Whether or not every employee is tested depends on the policy the company has.  If the company does not require "post offer" drug tests, but has a policy requiring random tests, the employees names will be "drawn" on a random basis.  This means that some employees may be tested more than once during a testing period, and some may not be tested at all.  Also, "for cause" testing will be done only when the circumstances create a "reasonable, good faith objective belief" that the employee should be tested.  A worker who dents a fender on a company truck may not be tested while one who hits a building with a fork lift may.  It depends on a variety of factors. Finally, if the company is unionized any drug and alcohol policy - including the testing - has to be negotiated with the union.  Further, many states have laws which restrict testing or otherwise impact the company's right to test employees.... Read More