Results for Employment Law

Gavel on top a termination of employment form

When can I sue for wrongful termination in Florida

Document on table labeled reimbursement

Reimbursement For Coronavirus Paid Leave

For the first time in our nation’s history there is a federal general paid leave act. While, the Family Medical Leave Act (“FMLA”) provides unpaid leave, it is only with the enactment of The Families First Coronavirus Response Act (“Act” or “FFCRA”)), signed March 18, 2020, that there is a requirement if an employee misses work, for certain Coronavirus related issues, he or she will be paid something under certain circumstances. Or at least that applies to some people, the actual percentage of the economy affected by the Act is less than half. The effective dates for the FFCRA are April 1, 2020, to December 31, 2020.

Employee sitting at desk sneezing into tissue

Answers for employers about COVID-19

Can you, is one question, should you, is another question. There are workers this country needs right now, who are heroes, and whole sectors of the economy on hold. As an employer you need to think of what the public relations issues there are, and the potential for litigation costs, whether that litigation is frivolous or not.

Illustrated image of former U.S. Presidents hangout out around a pool

Tip Pooling is one of the top ways to get sued for violations of The Fair Labor Standards Act (FLSA)

Most restaurants rely on “the way it has always been done,” or the way their POS system is set up, to run a tip pool. Both methods are likely to get you sued, sooner or later, because “the way things have always been done,” or the way your POS system was set up, is not, necessarily, legal.

Illustrated image showing Independent Contractors vs. Employees

Most Independent Contractors are really employees, employers misclassify and that can lead to A costly Labor Lawsuit

An Independent Contractor is defined differently under labor laws and the IRS code. If an employee derives a significant amount of income from one or two sources, they are not an independent contractor, under Federal Labor Laws.

Illustrated image titled Church & State

Do Churches need to follow Federal Labor Laws?

Can a Church fire me for having a disability, do churches need to follow the Civil Rights Act or Title VII of that act, does a church have to follow the ADA, does a church have to pay minimum wage and overtime (The Fair Labor Standards Act, FLSA), or can a church discriminate based on sex, are just a few of the interesting questions I get as a labor lawyer. Whether a religious institution must comply with Federal Labor Laws is a complex question, which I will try to bring some clarity to.

Man eating a hamburger and fries in front of a laptop

Is Obesity Covered by the ADA

Can you be denied a job based on your weight? Do you have to provide accommodations for overweight employees? The answer to the question of can I be denied a job because of my weight, just like the question of do I have to accommodate an overweight employee, depends on what jurisdiction you are in.

Magnifying glass over page that says labor law

Mixed Rates Of Pay & The Fair Labor Standards Act

Often times employees receive different pay depending on the job they are doing. This creates a legally complex situation when it comes to paying overtime to these employees and doing so in compliance with the Fair Labor Standards Act (FLSA). If the employee worked at two different pay rates, then which pay rate is the overtime calculated based upon? The answer is not simple, in some cases a blended rate may be appropriate, however, courts, including a recent decision by the Fourth Circuit, have been skeptical of blended overtime rates.

Clock sitting on top of a pile of money

Just because someone is A Manager does not mean they do not need to be paid Overtime under the FLSA

That amount is likely to be doubled by the Court within the two months, or so, because under the FLSA the amount the jury awards is often doubled as a legally mandated penalty against the employer. The issue is that the employees suing Stake ‘N Shake were managers, and they were still entitled to overtime. In a famous case Family Dollar was hit with a judgement against them of over ten million dollars when their managers sued them, and they appealed and the appellate court determined their managers were entitled to overtime.

Immigration and customs officer in the back of his vehicle

Immigration and Customs Enforcement (ICE) Arrests Are Up Over 700% in 2018, If You Employed Illegal Workers You Need a Good Federal Employment Attorney on Call Now More than Ever

Hiring illegal immigrants exposes your business to serious liability issues that could end in Federal Charges, but at a minimum result in hefty fines and a shutdown of your business for a period. ICE has had a record year with more than 6,848 investigations in 2018, compared to 1,691 investigations in 2017, this is an over 400% increase. ICE plans, on increasing the number of investigations in 2019. In 2017 1,360 companies were audited for I-9 compliance, compared to 5,981 in 2018, an over 400% increase, and in 2019 ICE has been directed to increase this number even more. In 2017 there were 311 arrests by ICE on worksites, but in 2018 there were 2,304, an over 700% increase.