Florida Employment Legal Questions

Probably not. However, there may be some remedies against the people who have asked you to sign a false nuclear training document. At this point, my office has a major suit against FPL for taking improper actions against an employee who refused to break the law. However, I would need to know much more.... Read More

I think I understand your question.   Are you asking if the $7,000 should be added to your regular rate in computing overtime payments?   The regulations state that amounts can be excluded from the regular rate for computing overtime for: "Sums paid in recognition of services performed during a given period if either, (a) both the fact that payment is to be made and the amount of the payment are determined at the sole discretion of the employer at or near the end of the period and not pursuant to any prior contract, agreement, or promise causing the employee to expect such payments regularly." www.OrlandoOvertimePay.com  ... Read More

I'm sorry to tell you that it is your responsibility to obtain the appropriate paperwork on time. You could have contacted your employer regarding an extension, etc. Even if it was negligent of the doctor to get these documents in late, I cannot imagine what claim you would have against him.... Read More

I know of no reason that the employer may not discharge the manager. Retaliation against the complaining party is prohibited. I do not know if retaliation extends to the perpetrator or not. You should seek the advice of an EEOC attorney, rather than rely on my uninformed opinion in this matter.... Read More

My thought is, I doubt that the position of the terminated single parent is that she filed the claim based on being told that. She probably has a different story. The manager, while that is his/ her position of all that was said, could certainly try to bring a wrongful termination claim based on his claim. It sounds to me that absent any witnesses or writings, both the employees are going to have a difficult case if they have to rely on a "he said/ she said" swearing contest. If that is the evidence, I don't like either case particularly. I feel sorry for everybody kind of. You guys know what the truth is. Whoever has the real truth on their side, that is who I feel worst for, but that may never really be discovered.... Read More

It depends.  If employees who are on-call are not confined to their homes or any particular place, but are required only to leave word where they may be reached, the hours spent on-call are not regarded as working time. However, any payment for such on-call time, while not attributable to any particular hours of work, is paid for performing a duty connected with the job and must be included in the employee's regular rate. If an on-call employee is called out for a job assignment, the time spent on the assignment is hours worked and must be counted and paid for. For example, an employee paid $4.00 an hour works 40 hours and is paid $22 for being on-call over the weekend.  If called back for 4 hours of work, the pay is $160.00 (40 hours x $4.00) plus $22 on-call pay plus $16 straight-time pay for 4 overtime hours, or $198.00. Dividing the total earnings of $198.00 by 44 hours worked yields a regular rate of $4.50 an hour. One-half the regular rate times 4 overtime hours equals $9.00 overtime pay, making the total pay $207.00 for the week. www.OrlandoOvertimePay.com      ... Read More

Yours is a very interesting question, and I'll do the best I can to respond.  I'm assuming from your summary that you suffer from an eye condition that your doctor believes requires you to wear tinted glasses.  Under the law, the medical condition may constitute a "disability."  If it does, your employer must make "reasonable accommodations" which would allow you to hold your job despite the disability.  One of the "reasonable accommodations" recognized under the law is a modification of a company's policies which would permit the worker to hold the job.  We see this accommodation used frequently in cases where an employee is off work with a medical condition and the employer has a policy which holds their job for, say, 90 days.  The employer then "modifies" the policy to hold the job open for, say 120 days because there is medical evidence the employee will be able to return by that time.  In your case, however, the policy is one which your employer probably believes is necessary for safety reasons.  Therefore, the legal question becomes "must an employer modify a safety policy prohibiting the use of tinted lenses in order to accommodate an employee with a visual handicap?"  Whether or not that question is answered "yes" depends on a detailed analysis of the circumstances.  For instance, why is the "no tinted lenses" rule in place?  Has there been any accident or "near miss" because an operator was wearing tinted lenses?  Is there any regulation or industry practice which would prohibit operators wearing tinted lenses? What would be the risk to the operator and others if the rule is modified to allow the operator to wear tinted lenses?  Should all degrees of tint be prohibited, or would a light tint be allowed?  You get the idea.   The law requires the employer and the employee to engage in a "dialog" regarding the disability and possible accommodations.  I suggest you approach your employer, explain that you suffer from a medical condition which requires that you wear tinted lenses, explain that your doctor has prescribed tinted lenses, and ask what accommodations you employer might be able to make in your circumstance.... Read More

Sure, but if the employer's policy is return only to the office location from which you received, it will be much easier to follow that procedure than not. If you have proof that you've made reasonable efforts to work with them to return it, you should be able to beat any charges, if the employer files such, that you stole the computer.... Read More

I think you should contact EDD which handles both unemployment and state disability. If you have the disease, certainly my sympathy for you, and would also suggest you consider calling ssi disability as well. Check to see as to whether your employer had as a benefit for you disability insurance. Most companies don't, but some do. Finally speak to an employment attorney that specializes in disability accommodation law and see if there is anything that can be done. In some situations, employers have to attempt to make, "reasonable accommodation" to your health issue.... Read More

If your employer is paying you an hourly wage, then you are entitled to be paid overtime at the rate of time and a half.  Regardless of whether he pays you the under the table or by check, you are still entitled to an additional rate for the unpaid part of the overtime.  Your employer is most likely subject to the FLSA depending on whether he makes or uses products that are sold or purchased outside of your state.  But there are also state overtime wage laws that would apply even if he is not under the FLSA.  See an attorney about this... Read More

You can sue your boss, but it is doubtful that the injury which you sustained would be covered by his general liability insurance. You are entitled to workers compensation and you can bring an action for your benefits which will have to be paid for individually I your employer or boss personally.... Read More

It is unlikely they will pursue legal remedy. If they do, you should contact an attorney immediately that handles criminal cases. As far as defending yourself against a discharge, I suggest you have a face-to-face discussion with the employer immediately. If they discharge you for this, they must prove their case before a hearing officer. Otherwise, you likely will never "have your day in court."... Read More

An employer may not retaliate against you for filing an EEO charge. If they do so, they commit another act of discrimination. Your question is confusing as to which employer was in the EEO case, and what employer you are asking about, so the above may not be applicable to your individual set of facts. You should consult with an attorney that handles discrimination cases.... Read More