Employment Law Blog

Florida and federal laws govern the rights and obligations of workers and employers in the state. Several Florida laws codify federal regulations. However, conflicts in the statutes can create confusion about which law applies to a given employment circumstance. When a dispute arises, a litigant may consider whether the state or federal forum is most favorable.

Discrimination and Accommodations Policies in the Workplace Enacted in 1990, the Americans with Disabilities Act (ADA) grants people with disabilities rights to fair housing, education, public transportation, public accommodations, telecommunications and employment. Businesses are prohibited from discriminating against individuals with disabilities and must make reasonable accommodations for recruits and workers. […]

Time Off for Medical and Family Matters The Family and Medical Leave Act (FMLA) was enacted in 1993 to provide certain employees with the right to take time off to obtain medical treatment, give birth or care for a sick loved one. During the leave period, the worker’s job is protected and the employer […]

The Foundation of Anti-Discrimination Laws Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of their inclusion in a protected class. This landmark legislation is the foundation for anti-discrimination and anti-harassment laws in the workplace. Title VII generally applies to businesses […]

About the Fair Labor Standards Act Wage and Hour Laws The Fair Labor Standards Act was enacted more than 75 years ago to establish workplace hours, wages and child labor standards in the United States. The FLSA sets the federal minimum wage, which is updated periodically by legislative action, and […]

About Florida Whistleblower Laws Insights into Whistleblower Rights and Obligations Employees are in a unique position to know what is happening at a business. For this reason, the government encourages employees who have information about wrongdoing to come forward. In some cases whistleblowers are entitled to money a government agency […]

What You Need to Know In the past, non-compete agreements were reserved for high-level executives and professionals who had access to trade secrets and specialized, often expensive, training. Increasingly, however, businesses are asking employees at all levels to sign contracts that restrict their future employment. Hairstylists, tattoo artists, mid-level sales […]

Employers Often Improperly Label Employees as “Managers” to Avoid Paying Overtime Employers often classify employees as “Managers” or “Supervisors” with the thought that simply by applying these titles to an employee they can wash their hands of any obligation to pay overtime pay for hours worked over 40 in a […]

How will the Supreme Court’s decision striking down the Defense of Marriage Act (“DOMA”) impact employment laws? Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act prohibit discrimination in employment on the basis of race, sex, age, national origin, disability etc. Notice anything missing? […]

Jason Gunter settled a Public Sector Whistleblower case against the Lee County Government on behalf of his 7 clients. The settlement was approved by the Lee County Board of County Commissioners on March 5, 2013 as Lee County agreed to settle the Florida Public Sector Whistleblower case for nearly $500,000 […]