Category Archives: Employment Law
Recognizing Age Discrimination In The Workplace
When it comes to age discrimination, a lot of people think they will know when it happens to them. The boss will tell you that you’re too old, or that the company needs “new blood,” or that you’re “slowing down.” But in reality, most age discrimination cases are much harder to recognize. In fact,… Read More »
The Fair Labor Standards Act: Who Isn’t Covered?
The Fair Labor Standards Act (FLSA) is a federal law that dictates what employees have to be paid. In addition to mandating that employees be paid the required minimum wage, the FLSA also requires that tipped employees be paid a certain way, and that overtime pay be provided for employees that work more than… Read More »
Can You Get Unemployment If You’re Fired For Not Getting A COVID Vaccine?
As a general rule, when you are fired or laid off, you can collect unemployment benefits. However, one (exception) to collecting benefits is that you can’t have voluntarily resigned or been fired for cause. That is, the end of your employment can’t be because of something you did or didn’t do voluntarily (like just… Read More »
HIPAA Compliance, And HIPAA’s Florida Counterpart
Many people know what HIPAA is, even if they don’t know the intricacies of the law. As a general rule, the federal government, through HIPAA, protects your medical information and data, almost completely. But what people don’t know is that Florida has its own version of HIPAA, and in many cases, it can be… Read More »
Florida Expands Apex Doctrine To Companies
As a general rule, in a business law case, you can depose whoever you want, so long as the person you are deposing has relevant evidence to the case. But there is one exception to that: The Apex doctrine. What is the Apex Doctrine? The Apex doctrine says that you can’t go straight to… Read More »
Should Your Business Use Employment Separation Agreements?
You probably know that in Florida, you don’t need an employment contract to hire someone, and you certainly don’t need a reason to fire someone, Florida being an at-will employment state. So it may seem odd to you to consider proposing an employee sign a contract when the employee is being fired, or when… Read More »
Things You Didn’t Know (But Should) About The ADA
When we think of disabilities that our employees or workers may face, we often think we, as employers, know when an employee is disabled, and we know when we need to make accommodations for them. Disability Isn’t Always Clear But in the real world, many diseases and disabilities aren’t so clear, and the nature… Read More »
Can An Employee Be Fired For Using Legal Medical Marijuana?
Medical marijuana is legal in Florida. But you may not want it in your business or in your workplace, for your own reasons. Certainly, you have the right to run your workplace as you see fit, within the confines of the law. On the other hand, can you legally fire someone who is using… Read More »
What Is A Hostile Work Environment?
Neither you nor anybody in your business would ever harass a fellow employee. You know what sexual or racial harassment is, and you don’t use that kind of language, nor do you condone or allow others to use such language. And then it happens-you are hit with a lawsuit alleging something called a “hostile… Read More »
Do You Have To Allow An Employee To Bring A Service Animal To Work?
You probably know that if you have an employee with a disability, that you have to provide the employee with a reasonable accommodation at work, if one is available. You probably think of physical surroundings or devices that may make walking, hearing or seeing easier, or providing additional breaks or rest periods for employees… Read More »
