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FLSA: Is There A Statute of Limitations?

The Fair Labor Standards Act (FLSA) established the minimum wage, overtime pay, and minor employment standards and reporting.Under FLSA covered employees are eligible for at least $7.25 an hour for pay (Florida is higher than the national minimum) and overtime pay for work weeks above 40 hours (for nonexempt employees). Overtime pay shall be paid …

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Did Papa John’s Withhold Employee Wages?

Employers find various ways to cheat employees out of overtime. A company can be guilty of overtime violations when they use managerial job descriptions to make people ineligible for overtime. Another tactic employers often use is to create a subterfuge to make it look like an employee is working fewer hours than they actually are. …

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Understanding Vacation Pay and Employment

In a recent study conducted by Oxford Economics for the U.S. Travel Association, it was found that Americans forfeited $52.4 billion in time-off benefits in 2013 alone, meaning they took less vacation in 2013 than they had in the previous 4 decades. Why Aren’t Americans Using Vacation Time? American workers are now being titled “work …

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Can I be Fired for Having My Wages Garnished?

Title III of the Consumer Credit Protection Act (CCPA) allows wages to be garnished (a portion of an employee’s paycheck withheld to pay off a debt) in order to pay an outstanding debt to credit card companies, banks, other financial lenders, and/or government agencies as in the case of court judgments, child support, taxes, and …

employment contracts violated by employers

What Can I Do if My Employer Violates My Employment Contract?

If you have an agreement with your employer – written or verbal (albeit verbal is harder to prove) – that has been broken, you have several courses of action. If the employment/employee contract is a union contract, speak with your union representative first. If not, then you can: Speak with the Human Resources Department While …

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What is Workplace Discrimination and How to Fight Back

Florida is an at-will state and employees may be fired at any time with little to no cause. However, workplace discrimination is not included in at-will terminations. If you’ve been a victim of workplace discrimination, you can – and should – fight back. What is Workplace Discrimination? Workplace discrimination includes any “adverse employment action” (including …

proving your wrongful termination case

Get Your Facts Together: Proving Your Wrongful Termination Case

Since Florida is an “at will” state, employees may be fired at any time with the exception of situations involving discrimination, whistleblowing, a wage dispute or dispute over unpaid overtime, breach of contract, or time off sanctioned by law. The Florida Civil Rights Act lists “protected classes” from termination, but the burden of proof in …

Were You Legally Terminated from your job

Wrongful Termination: Were You Legally Terminated?

Florida is an “at-will” state, meaning employees may be terminated at any time for whatever reason, including no reason at all. If you’ve recently lost your job, you may be considering your rights. Just because you reside in an at-will state does not mean you haven’t been wrongfully terminated. Even though the law seems like …

short-term disability and fmla

What is the Difference Between Short-Term Disability and FMLA?

Americans have issues taking days off. In fact, surveys show that most workers end up taking only half of their paid vacation time. That’s why it’s surprising that a company might try to keep an employee from unpaid leave – especially when they may be allowed certain absences by law. What’s more, similar to paid …

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Will I Still Receive a Paycheck While on FMLA?

While the Family and Medical Leave Act (FMLA) of 1993 does provide peace of mind for job protection, it doesn’t always ease the financial stress of the medical bills and everyday expenses that can pile up during unpaid leave. Ensuring at least some income for approved time off is essential for most, but it’s hard …

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