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Employment Litigation Archives

FMLA grants some employees right to unpaid leave

In a complaint recently filed in the Florida 6th Judicial Circuit for Pinellas County, a man claims he was wrongfully terminated by his employer, as reported by the Florida Record. The man alleges that his dismissal constituted interference with leave afforded him under the Family and Medical Leave Act (FMLA) as well as retaliation. The man alleges that he was terminated only after management learned that he had HIV.

New DOJ brief: Gay workers are not protected

In a reversal of Department of Justice policy, a new direction under the Trump administration has become clear leaving Florida workers in the LGBT community on edge. As Business Insider reports, a briefing filed by the DOJ states that the position of the department is that workers are not protected from discrimination under Title VII of the Civil Rights Acts for their sexual orientations.

What employers need to know about employee handbooks

When a business in Miami hires a new employee, it can be difficult and time consuming to inform and train that person on all of the company’s rules and regulations. Some business owners chose to publish and distribute an employee handbook for that purpose.

Essential considerations before signing a new employment contract

In their excitement about a new job in Florida, some job applicants who receive an employment offer fail to spend enough time on their employment contracts. This can cause big problems once the honeymoon phase of the new job has ended.

Do I have to provide my employees with paid sick leave?

If you own a business in Miami, you likely depend on your employees showing up for work when they are scheduled to be on duty. However, inevitably people do get sick and are sometimes unable to make it to work. While some companies may offer paid time for employees who are sick, there is no law that requires employers to do so.

Changes could be coming to laws governing overtime

Employers in Miami are subject to certain rules when it comes to paying their employees. One such regulation governs how overtime is paid. At Welbaum, Guernsey, Hingston, Gregory & Black, L.L.P., we understand that compliance with the law is important to you as a business owner.

Is national origin discrimination illegal?

Each day, hard-working Americans are subjected to all sorts of unacceptable behavior in the workplace, from sexual harassment to discrimination. Moreover, discrimination takes many forms and it is crucial for victims to spot violations of the law and hold offenders accountable right away. In Miami, Florida, victims of discrimination may face many hurdles, from humiliation to financial problems because they lost their job or were demoted. Sometimes, people are discriminated against because of their national origin.

What is the Family and Medical Leave Act?

As a worker in Florida, there are certain rights you have when it comes to taking time off of work. While you only get paid time off in certain situations, there are laws in place that will prevent your job standing from being harmed if you have to take extended time off due to medical or family-related reasons.

Google accused of paying women less than their male peers

Business owners in Florida must contend with many different issues. Those who wish to avoid lawsuits or government sanctions must remain in compliance with all applicable laws. Those who do not may find themselves facing expensive litigation and negative publicity.

Are there topics I should avoid when interviewing job candidates?

If you own a business in Miami, you want to make sure that you are hiring the best people you can to make your company successful. That usually means getting a feel for who a prospective employee is as a person, as well as understanding the scope of their qualifications. However, there are certainly some topics that you should not bring up if you wish to avoid legal action.

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