Category Archives: Employment Law

In Florida, to obtain reemployment assistance benefits, an individual must file a claim with the Florida Department of Economic Opportunity.  Once the claim is filed, the claim undergoes an adjudication process where the claim is reviewed for potential issues which may disqualify an individual from receiving reemployment benefits such as: reason for termination, individual’s availability, and individual’s ability to work.

An employment contract is an agreement between two parties – an employee and an employer, that involves terms and conditions of employment. Some employment contracts may be oral, whereas others are written and contain many descriptive provisions. Oral employment contracts are enforceable but could be much more difficult to prove in court.

The HIPAA stands for The Health Insurance Portability and Accountability Act. This federal Act protects the privacy of patient information from third parties. Therefore, most healthcare providers such as healthcare insurance companies, hospitals, etc. can only disclose patient information in cases when the HIPAA allows the disclosure. Under the HIPAA, apart from disclosing the patient’s information for treatment purposes, only “the minimum necessary to accomplish the purpose of the disclosure” can be revealed.

A furlough is a temporary, unpaid leave of absence, with an expectation that an employee will return to his or her job at a specific time. A furlough could also include reduced hours of work or work weeks. Ultimately, a furloughed employee remains an employee.

The OSHA wants to ensure certain safety measures in a working environment, yet, also want to make certain that an employee is asserting an issue or concern in good faith. If your employer fails to implement proper guidelines or does not take reasonable steps to safeguard your well-being, then the law offers you, as an employee, the right to refuse to come into your workplace, until the imminent fear is no longer apparent.

The measurements taken to prevent the spread of Covid-19 in the US have caused an economic downturn that is dramatically affecting our country’s small businesses. While Congress was able to enact the CARES Act to provide emergency financial aid to those applied for one of its programs; unfortunately, it has now been reported that funding for these programs has been exhausted. 

Navigating the complex process of applying for reemployment assistance in the wake of an unexpected layoff is never a simple task.  That difficult process is made even more complicated during a crisis that creates mass unemployment, such as the one which we are currently experiencing as a result of the ongoing COVID-19 pandemic.  This guide is designed to answer some of the most commonly asked questions with regard to the Florida Reemployment Assistance program and to discuss changes in this area of law that have been made in light of the ongoing pandemic.

Borrower’s Representative means an individual or an organization that is designated by the Borrower to act on behalf of the Borrower by a written certificate and complying with the requirements of the applicable state. The borrower’s representative always requires some written proof of authority before being able to act on behalf of the borrower.

Over the past several weeks, thousands of businesses have applied for and (some) have received the Small Business Administration’s Paycheck Protection Program loan. An attractive condition of this loan is the potential it to be forgiven. However, the SBA has continued to issue guidance on how to remain eligible for forgiveness, and there are strict protocols that businesses must follow.

The COVID-19 Virus (“Coronavirus”) is presenting challenges for businesses in a multitude of areas. One particularly concerning prospect is an employee being exposed to the virus and in turn contaminating the rest of the business. While employers may want to ask their employees questions about their health to evaluate the risk of exposure, employers need to be aware of the various laws surrounding this sensitive topic.

With the current state of the world, you may be thinking about what you can expect if you are unable to go to work due to the Coronavirus. Employment and Labor laws can vary by state, and by county. Additionally, you may have a contract or collective bargaining agreement with your employer that determines what happens when you cannot show up to work due to a public health emergency. While your employer will most likely not require you to come to work if you are under quarantine, your employer may not be required to pay you for the time you are out.

With the pandemic that is the Coronavirus affecting the whole world, many employees may be considering staying home these next few weeks while the virus is spreading throughout the United States.

Many employees across the world are contemplating staying home with the spread of the Corona Virus pandemic. If you are in an at-will state, your employer may have a lot of power if you decide to not to show up for work.

Sexual harassment occurs far more often than one would expect.  Sexual harassment is a form of sex discrimination which violates Title VII of the Civil Rights Act of 1964.  Title VII applies to employers with 15 or more employees in any capacity, whether it is a private workplace or a government agency.

Client lists are usually labeled as “confidential” and within the company access to them is limited. Other companies divide their client lists by sales/business geographical territory to minimize access of employees to the lists even more.

Optional Practical Training (OPT) is temporary work authorization, granted to F-1 “International Student” visa holders. OPT is offered to students that qualify under their degree program to engage in work directly related to their major area of study.

Businesses, places of employment, and governments serving the general public are required to accommodate those with disabilities of various sorts.

Workplace bullying is generally known as the repeated mistreatment of a person by one or more employees that takes the form of verbal abuse or conduct or behaviors that are threatening, intimidating, or humiliating.

If your employer controls how long your lunch is, how many hours a day you have to come into the office, how many sick days or vacations you have, how the work is done, when the work is done, and where the work is done then you are being misclassified as an independent contractor.

Employers are responsible for sending the W-2 form to the IRS and to the employee each year, which reports the employee’s annual wages and the amount of taxes withheld from his or her paychecks.

If you live in an at-will state, you can be fired for no reason at all.  However, if you are wrongfully terminated, you may be able to sue.

Federal law recognizes certain characteristics of individuals as immutable and therefore, protected against discrimination. Identical to federal statute, Florida law forbids workplace discrimination based on race, color, religion, sex, or national origin.

Do you expect to have a camera watching you while you work? In Florida, for the most part, employers are allowed to record their employees. However, certain exceptions apply.

It seems rather absurd that any employer would dive into their employee’s privacy rights in such a way, nevertheless, what they are doing is completely legal (in about half of the United States).  

Identical to federal statute, Florida law forbids workplace discrimination based on race, color, religion, sex, or national origin. Moreover, other types of discrimination that are not particularly immutable, for example, pregnancy, disability, or marital status are also protected classes under both federal and state law.

Do you hire someone as an employee or as a contractor?  What is the difference between an employee and an independent contractor?  How do you know if someone is legally able to work in the United States?

If an employer operates their business without purchasing workers compensation even though they are required by Florida Law, then there is a high probability that a penalty will be issued. In order to avoid the penalty, any Florida business operating with four or more employees must purchase workers’ compensation insurance, which in Florida will cost your business about $1.32 per $100 wages.

Businesses can choose to hire a person as an independent contractor or as an employee. Some employers rather hire independent contractors because of the reduced costs in payroll and taxes. However, an employer must be certain that the worker that is classifying as an independent contractor is truly an independent contractor.

Lunch Breaks: Are you in Compliance with Federal and State Law?

Restrictive covenants (RC), generally, are clauses in a contract that restrict a person’s actions. They can apply to property, in which case the clause could restrict the use of land. However, for the purposes of this blog, we will discuss RCs in employment. RCs in employment are typically meant to prevent former employees from competing…   + Read More…

The Fair Labor and Standards Act (FLSA) provides that employees paid on an hourly basis must be compensated at the rate of one and one-half their regular wage for each hour over 40 worked in a week. It’s fairly simple, if you are paid $10 an hour and you work 50 hours in one week,…   + Read More…

Corporate Social Responsibility is a private business self-regulating model that helps a company to be accountable to itself, its stakeholders, and to the public. In essence, when a company adopts CSR policies and practices, its planning and decision-making reflect the potential impact of its corporate actions on various stakeholders and constituencies. Companies need to be…   + Read More…

Immigration Reform and Control Act of 1986 (IRCA) requires all employers to complete a Form I-9 to verify the identity and work authorization of every employee hired, regardless of citizenship. It is the employer’s duty to verify employment authorization. Form I-9 must be completed within three days of the first day of employment. This means…   + Read More…

According to FL Statute 542.335(1)(d)(1), non-compete agreements are enforceable against an independent contractor just like an employee. However, the agreement signed may not be legally enforceable for other reasons. Non compete agreements must serve to protect an employer’s “legitimate business interest.”Florida law sets out a non-exclusive list which includes: trade secrets, confidential business or professional…   + Read More…

You’re probably wondering why we even mention Mary Poppins. Well, “domestic workers” include live in nannies; workers providing child care, elder care, and care to the disabled; and workers providing household help such as cleaning and lawn care. Effective since January 1, 2015, the Fair Labor Standards Act overtime exemption for “domestic service workers” changed, having significant…   + Read More…

Writ of Garnishment, a seemingly familiar term that has been heard through the grapevine and usually regarding a former employee experience. Yet, there are significant repercussions, such as liability for debt, that employers need to be aware of. We first begin by understanding what a Writ of Garnishment is. Essentially, it is an order issued…   + Read More…

You’ve probably heard of the Family Medical Leave Act (FMLA) in passing when a peer, co-worker, friend, or partner, takes time from work when having a child. Although it is very commonly used during such times, did you know that it also applied to many other criteria? The FMLA was established in 1993 as a…   + Read More…

If you’re an employer, this is definitely something you want to note for any new hires that you may be acquiring. On November 14, 2016, the U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification. By Jan. 22, 2017, employers must use only the new version, dated 11/14/2016….   + Read More…

As Millenials begin to wait more and more to have children, we have also seen an uprise in demand for maternity and paternity leave. This is largely in part to the emphasis of relationship and connections that has developed over the last decade. New parents want to establish that connection with their newborns and lets…   + Read More…

Qualified Sick Pay Plan and Your Employees A Section 105 qualified sick-pay plan (QSPP).  A QSPP enables a business to continue some portion of an employee’s wages during a disability. It is the company’s official plan to continue wages for certain ill and injured employees. This legal document, recognized by the IRS, allows your business to…   + Read More…

Misclassification of employee and independent contractor is the hotbed of litigation in the Federal Wage and Hour Division of the Department of Labor Imagine working as a dog groomer grooming dogs as an employee one day, but the next day, while performing the same work on the same puppy for the same company, you’re told…   + Read More…

If you’re a business owner or have EVER been an employed by a larger or specific field, you’ve probably run into or have a NON-COMPETE agreement. Just like any contract, there are limitations to everything and in case you didn’t know, according to FL Statute 542.335(1)(d)(1), non-compete agreements are enforceable against an independent contractor just…   + Read More…

It is important that employers correctly categorize their workers as either employees or independent contractors. Specifically, misclassification is not only a tax reporting issue, but also affects claims for reemployment assistance benefits. In Florida, whether a worker is an employee or an independent contractor depends mainly on the following 10 factors: The extent of control…   + Read More…

Background Checks and What Employers Need to Know: Aside from certain situations where Florida law requires that employees be screened, such as law enforcement officers or those hired to work with children or the elderly, requiring an applicant or employee to submit to a screening is also possible. When the time comes to make a…   + Read More…

Why should employers have them? Non-compete agreements in employment contracts are essential in protecting your business from unfair competition, and safeguarding your trade secrets and confidential information once an employee decides to leave. How much can I restrict in a non-compete agreement? Non-compete agreements should aim to try to find a balance between protecting your…   + Read More…

To comply with The U.S. Department of Labor’s Wage and Hour Division (WHD), your business may need to obtain a workers’ compensation insurance policy, based upon the number of people you employ.  In Florida if you are in an industry, other than construction, and have four (4) or more employees, full-time or part-time, you are…   + Read More…

The risks involved in the misclassification of workers as independent contractors rather than employees are serious. Federal and state agencies have the authority to impose both monetary and non-monetary sanctions against employers who misclassify their workers. Yet, employers remain subject to civil liability with respect to the claims of their workers, as well as to…   + Read More…