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#### "Ban the Box" Law in Oregon Removes Criminal History from Employment Applications
Oregon is a progressive state in a lot of ways, but this legislative season it’s been a hotbed of activity for employment rights. On January 1, 2016 the “Ban the Box” law goes into effect, and it just might change the way employers hire.
What is “Ban the Box”?
Currently, most employment applications have a spot that asks about a candidate’s criminal history. This new law makes it illegal for Oregon employers to ask about past criminal history on an employment application. Oregon is the latest state to pass such legislation. Other states include Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, and Rhode Island. Eighteen states have adopted policies to consider a job applicant’s qualifications before criminal history, and delay the background check until further along in the hiring process, even if they haven’t officially banned the box. Some cities and counties have also passed similar edicts (often referred to as “fair chance” laws) to ensure easier re-entry for qualified workers.
This ban does not prohibit employers from using past criminal history in making employment decisions. It just removes it from the initial application. Criminal history questions may still be asked during the interview and job offers may still be contingent on criminal history checks and information.
Supporters of laws like this cite that they ease hiring barriers and create a fair chance for all to compete for jobs. Many supporters of “ban the box” want to see employers use conviction information fairly, making individual assessments, not broad assumptions. Groups like the National Employment Law Project stress that employers should consider the age of the offense and its relevance to the job.
The EEOC and Criminal Background
Although Florida, and 43 other states (at the time of this writing), do not have “Ban the Box” laws it is important to recognize the U.S. Equal Employment Opportunities Commission (EEOC) believes employers have been known to use criminal background checks to the extent that they violate Title VII of the Civil Rights Act of 1964. According to the EEOC these sorts of checks have a  “disparate impact” on job applicants of certain races, predominantly Hispanics and African Americans. However, not all Courts support the EEOC’s ideas regarding this topic.
The EEOC supported banning of the box in 2012 in conjunction with the Obama Administration’s My Brother’s Keeper Task Force, which aims at giving “applicants a fair chance and allows employers the opportunity to judge individual job candidates on their merits.”
What These Changes Look Like for Employers
Oregon employers will now need to review their employment applications (written and online) and remove any questions inquiring about past criminal history. Managers must also be educated on the timing allowed for asking questions about your criminal past.
It’s illegal for an employer to obtain a criminal background check without prior consent from the employment candidate.
Has your potential employer illegally obtained a background check?
Have you been denied an employment opportunity because of an illegally obtained criminal history? Were you passed up for a promotion because of something in your record? If so, the tenacious employment law attorneys at Wenzel Fenton Cabassa, P.A. may be able to help. Contact us today. The initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### "Ok, Boomer” and Age Discrimination in the Workplace
“Ok, Boomer.”
What began as a casual way for younger people to dismiss the perspectives of their elders has transformed into a cultural catchphrase that has sparked numerous debates and discussions on the topic of intergenerational relationships.
Some have claimed that the phrase is inherently ageist. Pundits suggest its dismissive nature prevents those who resort to using it from genuinely attempting to appreciate the points-of-view of those older than them.
Which begs the question, would using the phrase “Ok, Boomer” in the workplace be evidence of age discrimination?
Exploring the “Ok, Boomer” Issue
Age discrimination in the workplace may seem like a fairly simple topic but it is actually quite complex. According to the U.S. Equal Opportunity Employment Commission, it “involves treating an applicant or employee less favorably because of his or her age.” That said, officially, age discrimination protection under Florida and Federal law applies to people who are 40 years of age or older. Therefore, members of the baby boomer generation may be the targets of age discrimination in the workplace.
One recent age discrimination case involving “boomers” reached the Supreme Court, and resulted in some discussion about the relationship between workplace age discrimination and the “Ok, Boomer” trend.

After being fired from her job, Norris Babb sued her former employer by claiming she and several other coworkers over the age of 50 were not given promotions they rightly earned due to their age. As the court listened to oral arguments from Babb’s attorney, Chief Justice John Roberts asked whether the use of “Ok, Boomer” (particularly in a work setting) would qualify as age discrimination.
Babb’s attorney, Roman Martinez, responded by suggesting that it absolutely could if the individual who was the target of the phrase was being considered for a position, and use of the phrase implied their age was a negative quality in some capacity.
This brief discussion does not confirm that use of “Ok, Boomer” and similar phrases in the workplace will now put someone at an immediate risk of facing an age discrimination lawsuit. Roberts did point out that there is a danger in regulating workplace speech to such a degree that people later risk losing their jobs simply because they made unrelated jokes that touch upon age. Should workers feel they can’t share jokes in a light-hearted manner because doing so may be misinterpreted or used as leverage in future legal proceedings?
There is no clear answer to this question yet. However, it is clear that age discrimination remains a significant issue. A recent study on the topic found that between 1990 and 2017, the number of age discrimination cases filed against employers by people age 65 and up doubled. Additionally, nearly half of surveyed employees reported knowing someone who was the victim of age discrimination at work.
These are important points to keep in mind when phrases such as “Ok, Boomer” are part of the popular cultural lexicon. While no one can definitely say whether the use of such phrases in the workplace should be off-limits entirely, their use may constitute age discrimination if they are part of an overall pattern of behavior that indicates an employee was not treated fairly because of their age.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 10 Signs You’re Facing Retaliation for Taking FMLA Leave
When you take leave under the Family & Medical Leave Act, it’s safe to assume you’re already under some stress. It can be good stress, like taking time off to be with a new baby. Or it can be difficult, emotional distress, if, for example, you are taking time off to care for a terminally ill loved one.
Unfortunately, an added stress for some employees while on leave is the fear of their employer retaliating against them for taking time off. Understanding what is considered FMLA retaliation is crucial in these situations.
If you believe that you’ve been experiencing any of the following forms of what may be considered workplace retaliation, know that you don’t have to endure it alone. An employment attorney can identify whether your employer has complied with the provisions of the Family and Medical Leave Act and pursue your claim if the employer has violated your rights.
What Protections Are You Entitled to Under the Family & Medical Leave Act?
The Family & Medical Leave Act (FMLA) is specific about the coverage and benefits it offers. It provides employees with unpaid, job-protected leave when they are unable to work because of their own serious health condition or because the employee needs to care for a family member with a serious health condition. 
When it comes to taking leave,  it’s not an “all or nothing” situation. You don’t have to take the full 12 weeks at once. Depending on your circumstances, you can take leave in multiple, smaller blocks of time, or you can work while taking leave as needed—known as “intermittent leave.”
This flexibility is where we often see retaliation, particularly when clients work part-time while on leave. Subtle changes in the work environment can escalate into retaliatory events and actions.
What is considered FMLA retaliation in part-time or intermittent leave situations?

Unrealistic Work Expectations: If you’re assigned full-time duties while on a part-time schedule, this can create an impossible workload. If you’re unable to meet these demands, it might lead to unjust termination.
Demotion or Reduced Salary: Being told you cannot work part-time in your current role, or being told that you cannot take any more intermittent leave, and then being demoted or having your salary reduced, can be a form of retaliation. This is especially concerning if the new position doesn’t match your qualifications or previous status.
Exclusion from Meetings or Projects: Systematic exclusion from meetings or projects you were involved in before can signal retaliation. This can impact your visibility in the company and limit your opportunities for advancement.
Negative Performance Evaluations: Receiving poor performance evaluations based on reasons that seem to correlate with your FMLA-prompted part-time status or correlate with your FMLA-related absences can be another form of subtle retaliation. Time off under the FMLA may not be held against you in employment actions, such as promotions or discipline.
Discipline for Taking an Approved Absence. Being “written up” for taking an approved, FMLA-related absence, such as taking a day off to attend doctors’ appointments, will most likely be looked at as the employer assigning negative influence to an employee taking approved FMLA leave, which is prohibited under the FMLA’s anti-retaliation provision.

What is considered FMLA retaliation after taking leave?
Retaliation can also occur after returning from a single block of time type of leave (for example, after taking twelve straight weeks of leave to recover from surgery). The FMLA requires that you be restored to your original or equivalent position, but this does not always happen.

Demotion or Lower Pay: Finding yourself in a lower position or with reduced pay upon return can be a sign of retaliation, particularly if the new role is significantly different from your previous one.
Loss of Seniority: Being forced to start over in terms of seniority or tenure within the company undermines your previous contributions and career progress.
Ineligibility for Promotions: If you suddenly become ineligible for promotions for which you were previously qualified, this might be a retaliatory action.
Exclusion from Key Accounts or Responsibilities: Being kept off prestigious accounts or responsibilities you once handled can limit your professional growth.
Diversion to a “Mommy Track”: This term refers to being sidelined in a way that limits your career advancement, often based on assumptions about family responsibilities after taking FMLA leave for the birth of a child or adoption of a child.
New, Strenuous Tasks: Being required to perform tasks in your new position that were not part of your previous job, especially if they are physically demanding or unrelated to your skill set, can be a form of retaliation.
Denial of Resources: Being denied access to training or resources that were previously available to you can hinder your job performance and professional development.
Delays in Benefits: Experiencing unexplained delays or barriers in reinstating your previous benefits or privileges can be a subtle form of retaliation. If you take FMLA leave, your employer must continue your health insurance as if you were not on leave (you may be required to continue to make any normal employee contributions).
Isolation from Team Activities: Upon your return, if you find yourself being systematically excluded from team meetings, brainstorming sessions, or any collaborative projects, this could be a subtle form of retaliation.
Termination. Perhaps the most obvious form of retaliation is termination.  Being fired shortly after returning from FMLA leave may suggest the leave was considered by your employer in its decision-making process. This is known as “temporal proximity.”

These examples, by themselves, may not amount to FMLA retaliation, but experiencing several of these actions can amount to an adverse employment action, resulting in FMLA retaliation. Understanding what is considered FMLA retaliation is crucial. If you encounter any of these situations, documenting the occurrences and seeking legal advice is important. An employment attorney can help determine if your rights under the FMLA have been violated and guide you on the steps to protect those rights.

 1 Certain key employees may not be guaranteed reinstatement to their positions following FMLA leave. A key employee is generally defined as a salaried, FMLA-eligible employee who is among the highest-paid 10 percent of all the employees working for the employer within 75 miles of the employee’s worksite.

Effective Responses to Suspected FMLA Retaliation
If you find yourself in the unsettling position of facing retaliation after taking FMLA leave, it’s essential to navigate this challenge carefully and promptly. Here’s what you can do:

Document Everything: Start by documenting any potential retaliatory actions. This can include emails, text messages, notes taken contemporaneously from phone calls, or any conversations related to your leave and subsequent treatment. Detailed records can be vital in establishing a pattern of retaliation.
Understand Your Rights: Knowing about the FMLA is empowering. It helps you to recognize when your rights are being infringed upon and forms the foundation for your response.
Internal Reporting: Sometimes, solutions can be found within your workplace. Bringing your concerns to a human resources representative or a trusted manager may lead to resolution without needing to take further steps.
Seek Support: You’re not alone in this. Colleagues who might have witnessed similar behaviors or who are supportive of your situation can be a significant source of strength.
Consult with an Employment Attorney: If the situation does not improve, or if you feel your concerns are not being addressed, consulting an employment attorney is a wise step. They can offer tailored legal advice and support, helping you understand what is considered FMLA retaliation and how to navigate these complex situations.

#### 10 Things You Want to Know Before Hiring an Employment Lawyer
If you think you need an employment lawyer, there are several things you should think about before hiring one. Employment lawyers, and their skills in representing you, are not all equal. Some are more tenacious than others. Some are more experienced. Take the time to speak with several of them and ask the following:
How Long Have You Been in Practice?
This question goes beyond years since graduating and taking the bar. You want to know how many cases an attorney has handled which are similar to your case. Your attorney’s experience with the agency or court before which you will be appearing. Your attorney’s experience with mediation and other alternate dispute opportunities. And of course, whether your attorney has gone to trial as lead counsel. Many employment lawyers have no intention of going to trial. While it may be best avoided, you want someone who is prepared, should it come to that, to take your case to the next level.
What’s Your Main Area of Practice and Will You Be Representing Me?
You don’t want a jack of all trades here. Yes, some diversity in the practice to include related areas of practice may be good, but if the attorney sounds like s/he’s reading from a law book on too many areas of law practice, or just dappling in employment law, that’s not going to be in your best interest. You want a specialist. Employment law is based in large part of statutes which require careful interpretation and in- depth knowledge in order to give your potential claim the analysis it deserves. Not every claim is immediately apparent. You need to be confident that your attorney knows what questions to ask and will know how to put the pieces together to present the strongest possible claim for you.
Also, make sure you’re not meeting with someone who is a figurehead in the office who you’ll never see again. You don’t want to be switched to a junior attorney. Ask who will be your attorney and work on your team for you.
Can I Talk to Former Clients?
Testimonials are good, but conversations are better. If the attorney answers your question happily and without hesitation, that’s good. If not, move on.
How Long Has Your Firm Been Handling Employment Law?
You want expertise.
Have You Ever Worked with My Company Before or Are You Aware of Any Past Filings?
Some companies have long lists of grievances. It helps if your attorney is familiar with them. However, keep in mind this might be the first time your company is under investigation.
How Would You Describe Yourself?
You’re looking for words like detail-oriented, tenacious, organized, and assertive. Employment grievances are won and lost on the details. You want someone who knows how to pace the race, and when to speed up, when to slow down. Patience is an attribute.
What Are Your Initial Impressions of the Case?
At the consultation ask her/him how the case would be presented if the trial was today. You’re not locking the attorney into a strategy, you’re testing his/her ability to think on the fly. This is an essential skill for trial. Ask your attorney to help you set realistic expectations. Ask your attorney for a fair valuation of your damages and the risks involved with your claim.
What’s Been Your Most Successful Case?
This may be about money, it might not be. Listen for what matters to you.
Are You Paid on Contingency?
Selecting an attorney is probably not the time to bargain shop but it is a good time to think about how you’ll pay the fees. Many employment attorneys work on a contingency basis and get paid a portion of what they collect for you, that way you needn’t match your income to their pay scale.
How Many Cases Have You Worked on that Were Similar to Mine?
Good representation only gets better with experience. Make sure your attorney has some representing employees, not employers. The more direct the experience to your case, the better.
Most reputable employment attorneys offer free case evaluations. This is a time to assess your potential working relationship. If you want an experienced employment attorney, contact Wenzel Fenton Cabassa, P.A. today.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 11 Steps to State your EEOC Case Infographic
Workplace discrimination is against the law. When an employee’s rights are threatened in the workplace, this puts the employee in a difficult position of fighting to protect one’s rights while struggling to live through the impact of the discrimination which often means a loss of employment, the burdens of seeking new employment and stresses of litigation.
Equal Employment Opportunity Commission (EEOC) cases require a series of steps to protect the employee throughout the process of making a claim and pursuing a case against the employer.
Oftentimes, an employer that condones illegal activity such as discrimination, may also retaliate by subjecting the employee to harsh treatment when making a claim against the company. An employee may lose sleep, lose focus, and even lose the job because of an inability to perform given the circumstances. These examples all contribute to the damages suffered(by the employee and may form the basis for recovery, in addition to the employee’s economic losses) after proving that discrimination was the cause of the employee’s drop in performance.
Federal Law prohibits discrimination based on race, sex, national origin, religion, color, age, and disability. In addition, some protections at the state and local level may extend to LBGT status, marital status, and other protected classes. It is important to read more into the laws that apply to your local area.
EEOC cases are tricky. They require the employee to gather the evidence that proves discrimination took place.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 15 Common Illegal Things Restaurants Do to Employees
It is common knowledge that restaurant employees frequently face unfair and illegal practices. When a restaurant owner or manager breaks the law and violates workers’ rights, restaurant workers have options. Unfortunately, it is rare for workers in the restaurant industry to stand up for themselves by taking legal action. 
Laws protect the rights and finances of food service employees. However, before you can take action against illegal restaurant practices, you have to know when a practice simply feels unfair and when it is illegal. Every restaurant worker should know the top 15 illegal things restaurants do to employees and what to do when they happen. 
Top 15 Common Illegal Practices in the Restaurant Industry

The unfortunate reality of the restaurant industry is that there is often little oversight or enforcement when it comes to ensuring workers’ rights are protected. Illegal practices can occur at national chains and small, locally owned businesses. Owners or managers often have no idea what they are doing is illegal. 
Employment laws are meant to protect workers. Managers and restaurant owners must be aware of and follow them in the workplace. When they do not, an employee should not hesitate to speak with an employment lawyer.
Here are the top 15 violations that happen most often in the restaurant industry. While this list is not exhaustive, it contains the most common illegal practices.
1. Requiring Off-the-Clock Work
It is illegal to ask employees to perform work when they are not clocked in. In fact, as a best practice, an employee should never perform work of any kind while they are off the clock. If a restaurant worker decides to lend a hand to coworkers after clocking out and then gets injured, they may not qualify to recover workers’ compensation for the injuries. 
Requiring workers to perform work duties off the clock is no different than demanding unpaid labor, and it is illegal. Any responsibilities a worker needs to fulfill at the start or end of their shift, such as rolling silverware, mopping up, or taking out the trash, must be performed while the employee is still on the clock and extends to all work obligations, such as attending work meetings or processing payroll from home. 
2. “Clopening" Shifts Without Sufficient Rest In-Between 
“Clopening” shifts are shift schedules that involve closing the restaurant and returning to reopen it. This type of scheduling by itself is not illegal. 
For example, a steakhouse serving only dinner might open at 5 p.m. and close at midnight. In this case, a worker who closes and then opens again the next evening has plenty of time to rest before they are due back at the restaurant. 
This type of shift schedule can be illegal when a worker has only a few hours between closing and opening. Some states set a mandatory minimum number of hours between work shifts, with eight hours as the standard. Depending on local laws, scheduling “clopening” shifts may constitute an illegal restaurant practice. 
3. Illegal Tip Pooling Arrangements
Most front-of-house restaurant workers hold tipped positions. In a standard tipped job, employees take turns taking customers, and each worker keeps the tips they make. 
Tip pooling, also known as tip sharing, is an alternative payment arrangement that has become increasingly popular in recent years. Tip pooling involves all tips being combined and then split equally among all tipped employees at the end of the shift. 
When done correctly, tip pooling is not illegal. The practice becomes illegal when the tips are not divided fairly. The biggest concern with tip pooling is when tips are shared with non-tipped workers. 
Taking money from workers in tipped positions and giving a cut to hourly wage earners in the back of house (or salaried managers) is illegal, as these workers do not rely on tips as their primary form of income. 
4. Deduction of Credit Card Processing Fees From Tips
Some restaurants try to avoid paying credit card processing fees by deducting them from the workers’ tips before paying them out. While unfair, the practice alone is generally not illegal except in two circumstances. Tipped restaurant workers should be aware of these to recognize when their tips are being illegally withheld. 
The first situation is when paying credit card fees with tips leaves the worker with less than the required minimum hourly wage, which is often a particular risk during slow shifts when a server might have only one or two tables. The other situation is when state laws forbid employers to subtract credit card fees from workers' tips.  
5. Withholding Tips as Punishment or for Damages
Restaurant workers often wonder, “Is it illegal to withhold tips from employees?” Unfortunately, there is no clear-cut answer. Whether an employer can withhold tips often depends on the reason, the amount, and local laws. 
However, withholding tips as a form of punishment is nearly always illegal. Sometimes, restaurant managers attempt to enact a “you break it, you buy it” policy for workers, which is illegal. During daily operations at a restaurant, glasses, and plates are bound to break occasionally, and workers cannot be forced to pay for the damage. 
Similarly, it is also illegal for an employer to withhold tips to punish a server for events that happen on the job. A worker cannot be punished financially for customer walkouts or complaints. When a worker fails to show up on time or performs the job poorly, disciplinary measures can not include withholding money they have earned. 
6. Mandatory Training Without Compensation

Any form of required work must be compensated, including restaurant worker training. If training is mandatory and benefits the employer’s business, employment law requires that workers be compensated. Compensation should add up to at least the state’s minimum wage rate, although workers in training can be paid either an hourly wage or tips. 
7. Keeping Tips from Automatic Gratuities
One common restaurant practice is to add an automatic gratuity to the bill for larger parties. Customers who see the tip added to the bill often leave no additional tip. When an employer withholds the automatic gratuity and does not pay it out to the server, it can be an illegal practice. This typically depends on state laws. 
Another common question restaurant workers ask is, “Can owners take tips if they work?” A restaurant owner is allowed to work in their own restaurant. However, an owner cannot take tips earned by other workers. 
If the owner decides to begin taking tables and other servers lose money because of it, the owner is obligated to ensure the other workers earn at least the minimum wage rate. 
8. Forcing Employees to Work in Extreme Temperatures
Forcing employees to work in extreme temperatures is often considered an illegal restaurant practice. Workers who must work in extreme heat or cold are at risk of experiencing heat stroke, dehydration, or hypothermia. 
Restaurants that require workers to do their jobs in extreme temperatures must ensure all employees have adequate breaks and the opportunity to hydrate. 
9. Lack of Proper Safety Training
A lack of proper safety training can easily lead to severe or life-altering injuries, especially in a restaurant kitchen. Workers frequently work with dangerous equipment, high heat, and hazardous substances. Restaurants are legally obligated to ensure that all employees complete sufficient safety training before they work in positions with a high risk of injury. 
10. Creating a Hostile Work Environment
Creating a hostile work environment is a violation of employment law, which tends to be a particular risk in situations where a worker has stood up for their rights in some way, such as reporting harassment or illegal tip withholding. Engaging in strategies such as hostility, isolation, or harassment — or encouraging other employees to do so — is illegal.   
11. Prohibiting Discussion of Wages
When workers discuss wages with one another, they find out whether they are being under or overpaid compared to their coworkers. Employers often try to hire workers for as low a pay as possible. As a result, employers may attempt to initiate policies that ban employees from discussing wages, which is illegal under the National Labor Relations Act (NLRA) and protects workers’ rights to discuss wages. 
12. Workplace Discrimination
Workplace discrimination is illegal in all workplaces, including restaurants. Employees are protected from a variety of discriminatory practices based on gender, race, disability, age, religion, sexual orientation, and pregnancy. In the restaurant industry, discrimination can take the form of not hiring, not promoting, scheduling certain workers only on slow shifts, or treating other servers preferentially when seating tables. 
13. Failure to Distribute Service Charges Properly
Service charges are mandatory fees included in a restaurant customer’s bill. These are most common with delivery arrangements, such as when a hotel restaurant delivers room service or a pizza restaurant offers delivery. 
Charging service fees is not illegal. However, it is illegal to give customers the impression that a service fee goes to the server or delivery person if the restaurant keeps that money for itself. 
Restaurants that charge service fees must either distribute a fair amount to workers as tips or ensure the customer is informed that workers do not receive the money paid in a service charge. 
14. Paying Below Minimum Wage for Non-Tipped Tasks

Tipped workers are often required to spend much of their work time performing non-tipped tasks. Examples include cleaning the restaurant facilities, assisting with special functions like catering events, rolling silverware, or performing inventory. 
It can be difficult to identify when non-tipped tasks violate employment law. If tipped workers spend a significant portion of their time on non-tipped tasks, the restaurant is required to pay at least minimum wage for the time spent on the non-tipped tasks.   
15. Insufficient Facilities for Employee Breaks
The Occupational Health and Safety Administration sets guidelines for workers’ rights when it comes to breaks. Restaurants are required to meet these standards. 
For example, a restaurant that bans employees from eating in the dining areas or the kitchen must provide a space where employees can eat. Restaurant workers should have reasonable access to restrooms, and breastfeeding mothers must be given time and space to pump breast milk.   
Failing to abide by these rules and provide adequate break spaces for restaurant employees often constitutes an illegal workplace practice. 
Get Assistance From an Attorney
If your restaurant employer engages in any of these illegal practices, your rights are being violated. When employers break the law, they are often held accountable only when workers are willing to come forward.
An employment law attorney can review your situation and advise you on your options during a free case evaluation. Your employer can face legal consequences for violating employment law. In addition to stopping the illegal practices, you might also be able to recover compensation through a lawsuit. 
If a restaurant is violating your rights, Wenzel Fenton Cabassa can help. Our experienced employment attorneys handle many types of employment cases, including wage disputes, unpaid overtime, wrongful termination, and hostile work environments. 
Contact Wenzel Fenton Cabassa today to schedule your free case evaluation with an experienced Florida employment attorney.
 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 2023 Employment Discrimination Statistics Employees Need to Know
(Updated June 2023)
Employment discrimination statistics give employees insight into what is happening in workplaces across the country in 2023. The more information you have, the better equipped you are to make decisions about your future. If you believe you may have a workplace discrimination case, know that you are not alone in your challenges.
Understanding Employment Discrimination Statistics in the U.S.
Employers do not always abide by employment laws. In fact, it occurs more often than you think. One of the more common employment law violations is discrimination. The following breakdown of 2023 employment discrimination statistics provides key information on the prevalence of various types of discrimination and who it is happening to across the U.S.
Employment Discrimination by Discrimination Type
In Fiscal Year 2022, the EEOC received 73,485 new discrimination charges, representing an almost 20% increase from the previous fiscal year. The agency also handled more than 475,000 calls—an 18% increase from FY 2021—and managed 32% more emails from the public than the previous year.
The most prevalent type of discrimination charge is retaliation, totaling 37,632, or 55.80% of the cases in the U.S., according to the latest employment discrimination statistics. Additional types of employment discrimination charges and their respective case numbers and percentages:

Disability: 22,843 or 37.2% of cases
Race: 20,908 or 34.1% of cases
Sex: 18,762 or 30.6% of cases
Age: 12,965 or 21.1% of cases
National Origin: 6,213 or 10.1% of cases
Color: 3,516 or 5.7% of cases
Religion: 2,111 or 3.4% of cases
Equal Pay Act: 885 or 1.4% of cases

In 2022, 61% of employees in the United States say they have witnessed workplace discrimination.
These employment discrimination statistics are just part of employees’ valuable information to protect their rights. Let’s break it down some more.
Employment Discrimination by Demographic
Demographic data also provides some insight into what is happening across the country.
Racial discrimination has increased since the pandemic’s beginning, including discrimination targeting Asian and Asian American individuals. Asians reported over 1,100 cases of harassment and discrimination in 2020 alone. In 2021, 58% of Asian Americans reported workplace discrimination.
Additionally, people reporting sexual orientation discrimination make up 33% of those who have experienced employment discrimination.
Transgender discrimination is by far the most common. 90% of employees who are transgender have experienced harassment, mistreatment, and violence at their jobs.
24% of Hispanic and Black employees report feeling discriminated against in the past year. And approximately 35% of Native Americans have personally experienced slurs in the workplace.
Keep in mind this data is a sampling of employment discrimination by demographic, and it is not all-encompassing.
Employment Discrimination by Worker Experience
Discrimination happens more frequently behind closed doors but also out in the open for co-workers and even other managers to see. Some employers can be brazen because they feel they can get away with it. This damages the employee experiencing the discrimination and perpetuates an unhealthy and unsafe working environment.
According to recent employment discrimination statistics, 61% of employees in the United States have experienced or witnessed workplace discrimination. Other statistics based on worker experience include:
Age discrimination is prevalent. 45% of American workers have experienced Age discrimination in the workplace. Older workers have experienced forced retirement, getting passed over for opportunities, and even harassment. The Age Discrimination in Employment Act (ADEA) protects people 40 years of age and older from age-based discrimination, among other laws.
Other forms are prevalent as well. 42% of American workers say they have experienced workplace sex or race discrimination. Employees have federal and state laws protecting them from gender or race discrimination, including Title VII of the Civil Rights Act of 1964 (Title VII) and the Florida Civil Rights Act (FCRA).
Success Rate of Complaints
The success rate of complaints varies, according to employment discrimination statistics. It can be difficult, particularly if you do not have an employee rights attorney. A majority of claims are settled out of court. Race discrimination cases have the highest number of resolutions – 743,458 since 1997. Sex discrimination cases are not far behind in the number of resolutions, with 701,383 since 1997.
The settlements for complaints average about $40,000 but can go up to $300,000, depending on the employer’s size.
What to Do If You’ve Experienced Workplace Discrimination
As the employment discrimination statistics point out, the first thing is to know that you are not alone, and you should not face this by yourself. There are federal and state laws that protect you and legal professionals that can help.
How to Prove Employment Discrimination
The goal is to show that you were treated differently – or other employees received more favorable treatment. A strong case can be developed utilizing a combination of direct and indirect evidence.
Filing a Claim with the EEOC
A claim needs to be filed with the Equal Employment Opportunity Commission (EEOC). The claim should be thorough, accurate, and explained convincingly. An employment law attorney can help you through the process of filing a claim to ensure that your rights are protected and represented.
Chances of winning an EEOC case
EEOC cases can be challenging, but you are best equipped to win with experienced legal representation. 95% of EEOC district court cases are successful. Although, as mentioned above, most cases are settled out of court.
Many individuals who face employment discrimination may file an initial claim on their own (which may not be thorough or convincing) and then do not take further action. Therefore, many workers do not receive a resolution, and employers do not face the consequences of their unlawful actions.
When to Contact a Workplace Discrimination Attorney
If you think you may have a claim for a discrimination lawsuit in the workplace, set up a consultation with an employee rights attorney as soon as possible. There are statutes of limitations on cases, and you do not want to run out of time to be able to get a resolution and potential settlement. Employees have the right to a safe workplace where everyone is treated equally, without fear of harassment or discrimination.
Contact Wenzel Fenton Cabassa, P.A. today to set up a free case evaluation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 3 Examples of Common Employment Discrimination that Might Surprise You
Florida is an employment-at-will state. That means you can be fired for any reason or no reason at all as the reason is not unlawful However, this doesn’t mean you don’t have rights. There are certain classes that are protected and if you are fired, or not hired/promoted, because of being a member of those classes, your employer may be guilty of employment discrimination. Often employment discrimination happens in subtle ways.
It’s important to recognize your rights.
Job Interview Questions
This is one of the sneakiest ways to “weed out” protected classes. Rarely will an employer say something as brash as, “Wow, you’re older than we thought.” Instead, there are subtle ways they find out things about your personal life. The questions seem like conversation, but they are targeted (knowingly or not) to finding out details that will allow them to discriminate against you based on things that are illegal. These questions could include (and potentially mean):

“When did you graduate from high school?” or “Oh, you went to the University of Florida. What year was that? We might know the same people.” (age)
“Are you married?” (Possible pregnancy discrimination because what they’re asking is essentially, “What is the likelihood you’ll be pregnant in the near future?”)
“Have you ever been arrested?” An employer can ask if you’ve ever been convicted but not arrested. It’s a fine but important line.
“Your last name is very interesting. What country are you from?” (discrimination based on ethnicity)

See how subtle those questions are? They seem like small talk but they’re pointed in what they’re asking.
Digital Dirt
If you were fired or, more likely, not hired, but don’t think it’s employment discrimination because you’ve never divulged anything personal, remember the information doesn’t have to come from you. If your social media profiles are open to the public, your employer can figure out sexual preference, ethnicity, (original) gender, pregnancy rumors, or other personal information. A quick search on the Internet will most likely reveal your approximate age as well, unless you’re fortunate enough to be named John or Mary Smith and there are too many people to weed through.
Don’t assume your employer won’t look. According to a survey by CareerBuilder, 62% of employers use the Internet to research candidates and employees. Some of that searching happens even before you receive the phone call to schedule an interview.
Political Conversations
We wanted to address this one for two reasons. There are bound to be a lot of political conversations going on right now, and they tend to become very heated. Let’s be clear. You cannot be fired for your political views, but often, these conversations go into murkier areas that trigger discrimination. For instance, the topic of immigration may come up, and your country of origin may edge into the conversation. Concerns over terrorism could be voiced, and an employee’s religion or ethnicity become the focus of the conversation. This can quickly lead to harassment.
Your boss doesn’t have to be the one involved in the conversation. If it makes you uncomfortable and you feel like you are at the center of harassing behavior, you need to advise management. If nothing is done, you need to talk to someone about the occurrences, particularly if they are ongoing.
According to the EEOC, retaliation, race, and disability discrimination were the top three most commonly filed charges for employment discrimination in 2015. While these are big, emotionally charged words, they are often subtle discrimination that goes unpunished and unfiled.
If you have reason to believe that you have been a victim of employment discrimination, call a Tampa area employment attorney with Wenzel Fenton Cabassa, P.A.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 3 Steps to Consider When Trying to Collect Unpaid Wages
Do you believe an employer has improperly withheld your wages? If so, you are not alone. Department of Labor statistics indicates thousands of people file unpaid wage claims each year.
If you are in this situation, you are probably wondering what steps you can take to get the money you are owed. The following information may help.
What To Do If Your Employer Refuses to Pay Wages
 
1. Determine What You Are Owed
Before proceeding, it is important to clearly understand and define the wages you believe you are owed. It helps to coordinate with an unpaid wages lawyer during this process. Sometimes, it is not entirely clear whether your case is valid. An attorney can help you determine whether yours is.
For instance, you need to know what types of situations warrant taking action in the first place. You may be entitled to unpaid wages if:

an employer failed to pay you at the legal minimum wage rate,
you did not receive your last paycheck after leaving a position,
you took earned vacation time but were not paid for it,
an employer withheld an earned bonus, or paid time off- and more

Again, it is also important that you know exactly what you are owed. This can involve some degree of calculation. For example, in Florida, with a few exceptions, employers must pay workers at the highest minimum wage rate. As of 2019, the minimum wage in Florida is $8.46 per hour. The federal rate (for employers and employees subject to the Fair Labor Standards Act) is $7.25.
Thus, you might review your old paychecks and discover you have been consistently paid at an impermissible rate. You would then need to calculate the difference between what you were paid versus what is owed under either Florida or federal law.
Collecting unpaid overtime is another situation that is sometimes complicated. In Florida, employers must obey the federal standards for overtime (because Florida does not currently have its own overtime law). That generally means non-exempt employees who work greater than 40 hours a week must be paid time and a half. This is another good example of how you may discover your employer is not paying you what you are owed under the law. You will need to review your paychecks and work history to determine what your employer may owe.
Once again, this can be a little tricky if you do not have experience with these matters. Because accuracy is essential, may want to consult with an attorney.

2. Write a Letter
There is no guarantee your employer will respond to a letter. Also, this certainly is not the only step to take if your employer is correctly paying wages. However, taking this as a first step will, at the very least, indicate you tried to resolve the situation internally before seeking outside help. It is also typically a requirement before filing a claim when you are seeking to recover minimum wages under Florida law. To do so you need to demonstrate to the court that you made a good faith attempt to work with your employer before escalating the situation. If they do not respond to your notice within 15 days, you may proceed with further action.
The letter should be professional and formal. You do not want to come across as angry. Even if you are, it is best to keep your emotions in check when drafting a demand letter. You should summarize your argument. You need to state what you are owed, and the dates and times when you performed the relevant work, and the total you are claiming.
Although this may require some research, it is also a good idea to cite the relevant state law or statute indicating you are legally owed what you are requesting. Remember, accuracy is important. Additionally, you must let your employer know you plan on filing a claim against them if they fail to respond within 15 days.
3. Hire an Unpaid Wages Attorney
Do not worry if your employer does not respond when you write a letter demanding unpaid wages. This is not exactly surprising. If your employer unknowingly withheld wages, it might voluntarily correct the error. On the other hand, if your employer is aware of its own refusal to pay, there is a chance a letter will not accomplish much.
Get in touch with a Florida unpaid wages lawyer when this happens. They will help you begin the process of filing a claim. That said, you need to act fast when you reach this stage. Depending on the relevant statute, you will only have a certain amount of time to file a claim. You will waive your right to unpaid wages if you miss the deadline.
We will make sure that does not happen. If you are planning to file an unpaid wages claim in Florida, contact Wenzel Fenton Cabassa, P.A. today for your free case evaluation.
We have locations available in Tampa, St. Petersburg, Sarasota, Orlando, Jacksonville, Miami, and West Palm Beach for your convenience.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 3 Things to Do If You Face a Disability in the Workplace
Understanding the Americans with Disabilities Act
What should you do when facing a disability in the workplace? Because disability discrimination is a potential challenge, it’s important to understand the full extent of your rights under the American with Disabilities Act (ADA).
Both employee and employer can benefit from an overview of the ADA.
Before seeking a specific type of work or job, it’s important for a potential employee to understand the essential functions and qualifications required for a job. In addition, an employer must also understand their duty to make a reasonable accommodation for any employee who has a protected right under ADA.
 
What should employees know about the American with Disabilities Act?
 
1. Make sure it is a legally recognized disability. Under the Americans with Disabilities Act (ADA), you have a disability if you have a physical or mental impairment that substantially limits a major life activity. Substantial means the impairment must significantly limit or restrict a major life activity, such as hearing, seeing, walking, or working.
 
2. Ensure you are qualified to do a job. You must be able to perform the essential functions of the job. This means that you must satisfy the job requirements (such as education, skill or licenses), and you must be able to perform your job duties, with or without a reasonable accommodation.
 
3. If you need it, ask for a reasonable accommodation. A “reasonable accommodation” is an adjustment that allows the disabled person to perform the essential functions of their job, and it cannot cause an undue hardship (significant difficulty or expense) from the employer. An example is a position reassignment, modified work schedule, or providing/modifying work equipment or accessibility.
 
Do you have a case of discrimination under the Americans with Disabilities Act?
 
If you or someone you know has been discriminated against as the result of ADA, we can help. The employee rights experts at Wenzel Fenton Cabassa, P.A., are steadfast advocates for justice in the workplace. Give us a call today.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 3 Ways to Document Workplace Retaliation
If you think you are a victim of workplace retaliation, the first step is compiling the reasons why and the proof involved in the situation. But what constitutes good proof? What will help your argument and how should it be collected? While that may vary on a case-by-case basis, there are some particulars attorneys and the Equal Employment Opportunity Commission (EEOC) will be looking for. 
Follow these tips for stronger workplace retaliation documentation:
Proving Workplace Retaliation

Record How You Reported It

You don’t have a workplace retaliation claim without being able to prove you participated in a protected activity and your employer knows about it. That’s why the first piece of proof you need is related to the actual reporting of an unlawful act or participation in protected activity.. Did you file a complaint with the employer or a third party electronically, make a call, or report it to HR and fill out documentation? Were you a witness in an EEOC investigation? However you did it, you need proof that you were part of a protected action.

Prove Your Boss Knew

Next, you need to prove your employer knew that you engaged in this protected activity. If you reported it through HR in written form then it is fairly easy to show the employer was on notice you engaged in certain activity. That may not be enough if down the road. Try to pin down how the person who is taking negative action toward you knew about your protected activity BEFORE the retaliatory action was taken against you.
However, if you reported a complaint anonymously, that may be the safest course of action but you must be able to prove s/he found out. This could be through office rumors, you sharing it with a co-worker who then shared it, or telling your boss directly. Sometimes the source is so obvious even an anonymous tip will be sufficient.  If you have email proof that s/he knew or a co-worker who will vouch for you, print off the email or collect your co-worker’s home contact information. Sometimes it’s difficult to obtain personal information later particularly if retaliation turns into firing or your former co-worker becomes fearful of contact with you in order to protect his/her own job.

Keep a Paper Trail

Assume that at some point you will be ”cut off” from company computer access. While this may not happen soon, you should be prepared if they let you go to retrieve evidence from a saved file which is NOT connected to the company servers, email account or other records.  Print off any communications/emails that show a punishing tone or negative employment activity. 
Florida is a “two-party” consent state, which means you can only record conversations if both parties are aware of it. For this reason, it is advisable to collect information by printing off emails not by trying to record your employer. Documentation to keep in your records of retaliatory behavior may include:

Employment reviews for you before and after the protected action.
Notice of demotions or negative employment actions.
Emails from coworkers about conversations they had with your boss (or directions given from your boss) about negative employment actions against you.
Notes on harassing conduct by your boss or changes in his/her demeanor that adversely affect the working relationship.
Evidence of your boss micromanaging everything you do when you used to be allowed to work autonomously.

Finally, gather historical information as well because you will need to show the line of demarcation between what used to occur and what occurs now that you have been a part of the protected activity. These could include emails from your boss praising your work prior to the incident.

Keep in mind, your HR department may be the very department which can help you survive a bad situation at work. If the HR department does their job, you may be able to oppose unlawful activity and keep your job without suffering retaliation. They can help you get to the bottom of the cause.
Once HR requires management to address the issues and you’ve made it clear you want it to stop, if it persists, you may want to consult an employment attorney to better understand your options.
Want to learn more about retaliation in the workplace? Download our free eBook below.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 4 Common Mistakes Sexual Harassment Victims Make
We’re not in the business of victim blaming. In fact, our goal is to empower the so-called “targets” of a hostile work environment. While employees who experience workplace sexual harassment aren’t responsible for their abuse, it’s important that they know the steps they do or don’t take after an incident can impact the strength of any future case against the aggressor.
Want to empower yourself despite workplace harassment? Consider this list of common mistakes sexual harassment victims make and how you can avoid them.
1. Failing to Confront the Harasser
This one is a little scary for some victims – especially if the harasser is an employee’s boss. That’s why it’s common that workers don’t inform harassers of their inappropriate behavior. Regardless of the discomfort, Title VII law—which covers all types of employment discrimination—requires the victim to notify the harasser of the offending incident(s). The affected employee must also directly express that the harasser should stop the unlawful conduct.
Avoid Mistakes: If you’re on edge about arranging a face-to-face meeting with your aggressor, write an email instead. The electronic notification will serve dual purpose – both informing the harasser of his or her actions and documenting the incident. Make sure the letter thoroughly explains any unwelcome verbal or physical conduct, as well as the dates and times of any incidents. Close the email by asking that your colleague discontinue similar actions.
2. Never Reporting Harassment to a Supervisor
Although some employees notify their harasser, others still fail to report the conduct to their boss. Furthermore, in some cases, the harasser is the employee’s supervisor, which blurs the employee’s potential escalation path. For this reason, some workers avoid reporting to circumvent potential workplace retaliation.
Avoid Mistakes: Reporting sexual harassment to a supervisor is a crucial step in building your case. It’s a means of garnering official documentation that can be used to support any failed attempts to end the harassment. If your supervisor is the harasser, document the inappropriate actions via his or her boss. In the event that the aggressor is a high-level executive, consider reporting any incidents to the HR department.
Are you worried about job loss or other retaliatory acts? Know that this unlawful practice is prosecutable under Title VII and you could be entitled to any back pay or benefits withheld based on illegal termination.
3. Never Documenting the Incidents
Since many employees often make the blunders above, they miss out on crucial opportunities to properly document the sexual harassment. Likewise, once the incidents are reported, some victims believe they needn’t record additional happenings.
Avoid Mistakes: Keep an on-the-job journal and record any further occurrences of sexual harassment. Furthermore, continue to report these instances to your supervisor or HR person. Again, the more detailed the accounts the better.
4. Not Contacting an Attorney
Most sexual harassment victims never get the justice they deserve because they don’t believe they’re entitled to it. Similarly, some victims may believe the incidents occurred too far in the past to be prosecuted.
Avoid Mistakes: If you took the actions above and the harassment continued, you may be entitled to compensatory damages – including emotional damages. You should also know that you have one year to file a sexual harassment claim under the Florida Civil Rights Act. Only an attorney can help you accurately determine if the statute of limitations on your case has passed.
Are you ready to take a key step in your sexual harassment case? Contact Wenzel Fenton Cabassa, P.A. for a free case evaluation regarding your workplace discrimination or harassment situation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 4 High-Profile Companies Dealing with Sexual Harassment at Work
Often, sexual harassment at work occurs not because companies don’t have policies that make it unlawful, but because these policies are not always enforced and/or there’s a lack of training to educate employees. The most effective way to curb sexual harassment in the workplace is to empower employees and make them aware that sexual harassment is illegal under state and federal law. Some companies are taking on this task. Some are not. Clearly, having a “policy” in place is not enough. These high profile cases will hopefully reveal to employers the importance of eliminating sexual harassment from their workplaces.
During the past several months, you’ve likely heard a great deal about the sexual harassment claims against Harvey Weinstein and the pervasive culture of sexual harassment at Uber. But there are many other major U.S. companies currently dealing with their own sexual misconduct issues. Here is just a sampling of a few of the more prominent ones.
4 Companies Dealing with Workplace Sexual Harassment Claims

Vice Media

Referred to as a “boys club” by two of its founders in a New York Times article, Vice Media, a billion-dollar global digital media and broadcasting company, has settled four cases of defamation or sexual harassment with former employees in recent months. But the problem runs much deeper: two dozen female employees have reported that they witnessed or experienced sexual harassment at work, including some who were propositioned for sex.
A few weeks after launching an investigation on company-wide sexual misconduct, Vice fired three employees in late November for violating its HR policies. Shortly after that, in early January, the company suspended two top executives, President Andrew Creighton and Chief Digital Officer Mike Germano, in the wake of the newspaper exposé.
To address its “boys club” culture, Vice announced that it is forming an advisory board that will educate management and employees on diversity and workplace-conduct issues. In addition, the company will require sexual harassment training for full-time and freelance employees, and ensure that it achieves pay parity in 2018 and a 50-50 ratio of female to male employees by 2020.

Ford Motor Company

Despite assurances that it would address sexual harassment in its Chicago plants after it was investigated by the Equal Employment Opportunity Commission (EEOC) in the 1990s, resulting in a $22 million settlement, Ford has continued to have issues with workplace sexual harassers. In fact, the EEOC reached another settlement ($10 million) with Ford this past August.
More recently, in December, more than 70 former and current employees relayed accounts of sexual harassment at the Chicago assembly and stamping factories to the New York Times. After the article was published, at least one employee reported that she was retaliated against because of the report.
In addition to the August settlement, approximately 30 plaintiffs brought forward a class action sexual harassment suit that’s currently in the federal court system. This suit claims that several local union representatives harassed female employees or obstructed their complaints. Although Ford’s president and CEO publicly apologized for the harassment and discriminatory conduct in an open letter, discrimination and harassment have long held sway at the company.

21st Century Fox

During the past few months, there have been numerous, well-documented sexual harassment claims made against a number of Hollywood icons. However, the culture of sexual misconduct extends well beyond those starring on the Silver Screen.
Recently, 21st Century Fox has been in the news for all the wrong reasons. In mid-January, a former Vice President of Enterprise Rights Management for the studio filed a lawsuit claiming that she was repeatedly sexually harassed by her superiors and eventually terminated because of her gender.
Although she complained on several occasions to her supervisor about inappropriate comments made to her by the company’s executives, she was largely ignored and eventually assigned a new supervisor who refused to meet with her. In addition to sexual harassment and gender discrimination, she is suing 21st Century Fox for retaliation and violation of public policy.
This lawsuit follows in the wake of $145 million-worth of settlements the parent company paid to settle discrimination and harassment complaints, mostly related to employees of the Fox News Network. As part of these settlements, 21st Century Fox created a “Fox News Workplace Professionalism and Inclusion Council” responsible for advancing women and minorities at the company, while making certain that employees are able to work in a safe environment.

Bank of America

Although, according to the Washington Post, Bank of America was described as a “bro’s club” in a 2016 lawsuit filed in the U.S. District Court of Manhattan, like Ford, the culture doesn’t seem to have changed much during the past couple of years. That year, the financial institution settled with a senior female fixed-income banker who filed a lawsuit claiming mistreatment of female employees and significant differences in pay for male and female employees.
Despite the fact that the banking industry and Wall Street have long been known for a culture of gender and wage discrimination, many of these institutions have avoided the recent flurry of sexual harassment allegations that have been so prominent in Hollywood; news organizations; Washington, D.C.; and Silicon Valley.
However, earlier this month a managing director at Bank of America was let go after a female analyst accused him of making sexual advances and engaging in relationships with female subordinates. In response, the company’s HR department interviewed at least 10 people who worked directly with him and subsequently decided to terminate him.
Unfortunately, some Bank of America executives reportedly told employees to let clients know that he left to pursue another career opportunity. The industry has long been known for allowing those executives who have been accused of sexual harassment at work to leave their jobs in good standing, choosing to handle these allegations on their own terms.
Are You Experiencing Sexual Harassment at Work?
Although more and more employees are now feeling empowered to come forward to report sexual harassment in the workplace, the above examples illustrate how widespread cultures of sexual harassment are in a variety of industries. But that shouldn’t give you pause in deciding to report it. After all, sexual harassment is illegal, and employees are protected under Title VII of the Civil Rights Act of 1964 as well as many state laws.
If you feel as though you have been sexually harassed or discriminated against at work, it’s vital that you understand your rights and fight back against your harasser. To learn more about sexual harassment in the workplace, download our free Guide to Sex Discrimination and Harassment in the Workplace.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 4 Things Not to Do if You Just Got Fired
Getting terminated from a job is an emotional time. However, not every termination is handled well or legally. When this happens, it’s tempting to do some of the following, but it’s certainly not advisable:
Act Unprofessionally
Screaming, hurling objects around the office, making faces at executives, telling your boss exactly what you think of him, and where you’d like him to spend eternity is not only unprofessional, it’s inadvisable regardless of the grounds of your termination.
If you have a case for wrongful termination, the last thing you want to be admitted into court is a video of you fit for YouTube. While it might be funny there, and earn you an appreciating audience, a judge will not find the matter as comical.
Tell your Co-workers Everything
This may be difficult to avoid if your co-workers are also your friends. However, keep in mind that unless they are walking out the door with you, that employer still pays them. That means that even if they are loyal to you, they are in a very difficult place if they are asked about conversations you had with them.
If you’ve been given a severance package, many packages stipulate that you will not release details about the amount or the agreement. Doing so makes the severance on some agreements returnable to the employer.
Get Even
Florida is an at-will state and your employer can dismiss you for any reason he or she deems appropriate. There are a handful of protected scenarios. An employment attorney can help you sort out whether you were a victim of wrongful termination or not.
Getting even is never advised. It will not end well for you and is, most likely, illegal. However, getting the justice you deserve through a wrongful termination suit might be possible.
Burn a Bridge
While it may be difficult to understand why you would ever need the contacts you made at a business that terminated you, you just don’t know what the future will bring. You may have been a victim of a political situation at the office or downsizing that had nothing to do with your skill set. An employee of your former company may someday be in a hiring position and you don’t want them to remember you as a social media disaster.
Even when someone agrees with your grievances, when they are in the hiring seat, they are less likely to find someone who went down in a blaze of glory an appealing candidate for a job.
If you’ve been terminated, don’t allow your emotions to overtake your professionalism. Instead, channel your energies into something worthwhile by collecting all the information you can about your termination. This includes emails, recorded conversation, texts, written descriptions of conversations and everything else that may support your wrongful termination claims.
If you feel you’ve been wrongfully terminated by your employer, contact Wenzel Fenton Cabassa, P.A. today to schedule a free case evaluation and speak with one of our skilled wrongful termination attorneys.
 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 4 things to do at work before an upcoming surgery
Your surgery may qualify under Family and Medical Leave Act (FMLA)
Are you about to go through with an upcoming surgery? Then now is the time to get up to speed on your employee rights regarding the Family and Medical Leave Act (FMLA).
It’s important that both the employee and employer communicate about the need for time off or “leave” before the date of a medical procedure. First, an employee must figure out if they are qualified to take FMLA leave, then, it’s important to document leave with the employer.
Here’s what you should do at work before surgery:
 
1. Find out if you qualify for Family and Medical Leave Act (FMLA) leave.
Employees who work for a private-sector employer that has 50+ employees within a 75 radius—who have been working there for at least 12 months and have worked at least 1,250 hours—can take up to 12 weeks off in a 12-month period. This time is unpaid, and your employer may require you to use your vacation and paid time off time first.
Understand the Types of FMLA Leave: There are two types of FMLA leave that you may be eligible for Continuous FMLA leave and intermittent FMLA leave. Continuous FMLA leave is when you take off a block of time, like 12 weeks in a row, due to your surgery. On the other hand, intermittent FMLA leave is when you take off time sporadically – such as a few days or hours at a time – due to your medical condition.
 
2. Tell your employer, and give them medical documentation, such as a doctor’s note, if requested.
Given your right to confidentiality as a patient, it is not required that you expose the details of your surgery to your employer. However, it will be much easier to avoid misunderstandings if you inform your employer that you will be absent from work on a specified day. If you plan to take advantage of your right to leave under the Family Medical Leave Act (FMLA), then your employer will need to know of your need for medical or family leave. The employer may request documentation to support your need for leave (and your ability to return to work), and it is very important to comply with proper requests within the specified time, or you may lose your rights under the FMLA.
Get Written Confirmation: Once you’ve provided your employer with the necessary medical documentation and they’ve approved your FMLA leave, request written confirmation. This will serve as your proof and assurance that they have acknowledged and approved your leave.
 
3. Even if you do not qualify for FMLA leave, you may be protected under the Americans with Disabilities Act (ADA).
Under the ADA, employees with disabilities are entitled to reasonable accommodations. In this case, you might be entitled to a reasonable amount of time off for your surgery.
Know the Limitations of the ADA: While the ADA provides protection and requires reasonable accommodation, it does not cover all medical conditions. A “disability” under the ADA is a physical or mental impairment that substantially limits one or more major life activities.
 
4. Call an attorney experienced in employment law.
Whether you are the one undergoing surgery or need to be a caregiver for a family member who is, understanding the nuances of the FMLA and ADA is essential to protecting your employment rights.  The process can seem complex and intimidating, but with the right information and guidance, you can navigate through it effectively. And if you think your employer is violating the law, you may be entitled to remedies.
Have you been denied your rightful FMLA leave? Are you unsure about your rights under the ADA? Don’t face these challenges alone. Get the support you need from Wenzel Fenton Cabassa, P.A., experts in employment law.
 Contact us today for a free case evaluation, and let us advocate for your rights. Remember, you are not alone in this fight!

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 4 Types of Workplace Discrimination You Need to Know
Workplace discrimination is illegal, but that doesn’t mean it never happens. In fact, it happens more often than you may realize, and you may have experienced discrimination without realizing it. That is why it is crucial to understand the different types of workplace discrimination.
Victims of workplace discrimination can experience added stress and anxiety – it can be hard to focus at work, and victims frequently experience lower job performance. These feelings can easily creep into your personal life, leading to a lower quality of life and even health issues because of added stress. On top of that, it can be challenging to get a promotion or move up in your career if you are experiencing some type of workplace discrimination due to your gender, size, age, religion, ethnicity, ability, or sexuality.
WHAT IS CONSIDERED DISCRIMINATION IN THE WORKPLACE?

Discrimination is any type of behavior that specifically targets an individual based on a personal attribute, such as their gender, size, age, religion, ethnicity, ability, or sexuality. Victims of workplace discrimination aren’t judged on their professional merits, but rather on their personal attributes.
Workplace discrimination is often purposeful but sometimes happens on accident. Whether intentional or note, workplace discrimination is illegal and causes damage to the victim.
It’s illegal to discriminate at any point in the employment process, from hiring decisions to firing employees, and everything in between.
TYPES OF WORKPLACE DISCRIMINATION
Workplace discrimination can be categorized into four main types:

Racial discrimination
Sex/gender discrimination
Age discrimination
Disability discrimination

1. Racial discrimination
Racial discrimination in the workplace is based on race, skin color, ethnicity, or country of national origin. Racial discrimination examples include not hiring a qualified candidate, giving someone an undesirable job or task that they’re overqualified for, passing someone over for a promotion, or otherwise making the workplace a hostile environment based solely on the employee’s race.
2. Sex and gender discrimination
Sex and gender discrimination in the workplace are illegal yet happen every day. This encompasses discrimination based on an employee’s gender, sexual orientation, or identifying gender. It also includes pregnancy and parental discrimination. As a sex/gender discrimination example, an employer cannot pass someone over for a promotion, fire someone, or not hire someone based on their status as pregnant. Similarly, an employer cannot discriminate against parents, both male and female.
3. Age discrimination 
Men and women who are 40 and older are a protected class and cannot be fired, passed over for a promotion, or forced to retire simply because of their age. It’s against the law to treat members of the workforce differently based solely on their age and assumed level of ability. A discrimination example for this protected class is telling someone they must retire because they’re too old to perform their job.
4. Disability discrimination 
Employers must give fair treatment to employees with disabilities, including mobility, hearing, visual, and psychological disabilities. This includes equal employment opportunities, equal pay, and a non-threatening work environment.
Here are more common workplace discrimination examples that show how employers frequently discriminate against workers:
Examples Discrimination in the Workplace
Discrimination in the workplace examples for these four types include:

Not getting hired.
Being passed over for a promotion.
Enduring inappropriate comments.
Getting fired because of your status as a member of a protected class.
Denying an employee certain compensation or benefits.
Denying disability leave, retirement options, or maternity leave.
Preferring a candidate based solely on personal characteristics.
Denying a candidate based solely on personal characteristics.
Terminating an employee based on a personal characteristic or attribute.
Inappropriate or off-color comments to an employee based on personal characteristics.
Taking away shifts, including desirable shifts, without a professional purpose for doing so.
Exhibiting favoritism during promotions and company restructuring instead of promoting based on professional merit.

PROTECTED ATTRIBUTES FOR ALL EMPLOYEES
Everyone is entitled to fair treatment in the workplace based on these protected attributes:

Age
Country of origin
Disabilities (includes physical, mental, psychiatric, or intellectual)
Family responsibilities
Gender identity
Marital or relationship status
Political opinion
Pregnancy or potential pregnancy
Race/color
Religion
Sex
Sexual orientation
Trade union activity

HOW DO YOU PROVE DISCRIMINATION IN THE WORKPLACE?
It can be a challenge to prove you’ve been discriminated against in the workplace, but it’s not impossible. With the right legal counsel and approach, you can prove workplace discrimination and get the compensation you deserve.
You can’t immediately take your employer to court in a workplace discrimination case, however. You need to first file a complaint with the Equal Employment Opportunity Commission (EEOC), and don’t wait to file.
Document everything
The most important thing to do if you suspect you’re being discriminated against is to keep thorough documentation of every incident. This includes conversations, email and text message exchanges, and specific details about instances when you felt you were discriminated against. You’ll need this when you file your complaint with the EEOC.
Pass the McDonnell-Douglas test
Named for a famous Supreme Court decision, the McDonnell-Douglas test isn’t a formal one, but rather a relatively simple way to determine how strong your discrimination case is. If you can answer “yes” to four specific questions, then you’ll be able to make a case based on circumstantial, instead of concrete, evidence:

Do you belong to a protected class? (i.e., if you’re claiming age discrimination, you should be 40 or older. If you’re claiming disability discrimination, you should have a disability.)
Were/are you qualified for your position? (Do you have the appropriate licensure, credentials, etc.?)
Did your employer take adverse action against you?
Were you replaced by someone not in your protected class?

Build your case with other circumstantial evidence
Even if you answer “yes” to the above questions, you aren’t necessarily in the clear. You’ll also need to answer “yes” to questions that can help you build a case based on circumstantial evidence. Here are some things to consider:

While employed, were you treated differently than someone who was in a similar situation but not in your protected class?
Did supervisors or managers make derogatory comments explicitly directed at members of your protected class?
Was your treatment egregious and unjust?
Is there a history of bias towards members of your protected class by your employer?
Have other members of your protected class also been singled out?
Are the number of people in your protected class employed at your company significantly smaller than other classes?
Have you heard others in your protected class discuss mistreatment from your employer?
Do you have statistics to back up claims of bias toward any group?
Were any company policies violated in your employer’s treatment toward you?
Did your employer retain other non-protected employees for the same job who had fewer qualifications than you?

Hire a workplace discrimination attorney
Not every attorney is specialized in workplace discrimination. You want a lawyer who is very familiar with discrimination laws and who will be able to help you through every step of the process, starting with filing with the EEOC.
PROTECT YOUR EMPLOYEE RIGHTS TODAY
If you believe you have been a victim of workplace discrimination, talk to a lawyer who specializes in discrimination. Our employee rights attorneys at Wenzel Fenton Cabassa, P.A. can determine what rights have been violated and help you get the compensation you deserve.
Contact us today for a free, confidential case evaluation. We have experienced attorneys who fight for fairness, justice, and equal rights in the workplace. You’ll want a professional involved with your case as early in the process as possible to ensure you’re getting the best outcome and your rights are protected.
Offices available in Tampa, St. Petersburg, Sarasota, Orlando, Jacksonville, Miami, & West Palm Beach.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 5 Biggest Moments in Pregnancy Discrimination in 2014
2014 was a big year for pregnancy discrimination law and 2015 will most likely be even bigger. Here are five moments that could go down as landmark decisions in women’s rights and pregnancy in the workplace.
The US Supreme Court Takes up the Young vs. UPS Case
This is by far the biggest event in pregnancy discrimination law in 2014. While we won’t see their decision or how it affects law until this year or beyond, the fact they decided to hear the case shows their interest in determining the reach of the federal 1979 Pregnancy Discrimination Act (PDA).
The question at the center of this case is whether UPS should’ve made accommodations for its employee Peggy Young, a driver whose physician would not allow her to lift anything over 20 pounds during her pregnancy. This stipulation meant she was unable to do her job as a driver. Instead of reassigning her to another position, one without a weightlifting requirement, she went out on extended, unpaid leave resulting in her losing her health insurance.
Young argues that UPS extends light lifting positions to other drivers who become injured or who are protected under the ADA.
The Court heard oral arguments on December 3rd and will render their written decision later this year.

The Florida Supreme Court: Delva vs. Continental Group
This pivotal decision in April found, once and for all, that the Florida Civil Rights Act (FCRA) prohibits pregnancy discrimination. Employee rights advocates have been arguing that the FCRA prohibits pregnancy discrimination for many years; the Florida Supreme Court has now fully clarified that is the case, making state court a viable option for filing pregnancy cases.
The Equal Opportunity Commission Issues Enforcement Guidance on Pregnancy Discrimination
For the first time in 30 years, the EEOC issued new guidance on pregnancy discrimination. In it they wrote that an employer MUST provide accommodations for a pregnant worker if they do the same thing for a non-pregnant employee. The EEOC came under fire for issuing this statement in July 2014 as many believed they should have waited for the Young vs. UPS decision.
Taking Laws into Their own Hands
Some states refused to wait for the Supreme Court or the stalled Pregnant Workers Fairness Act. They issued their own legislation telling employers that they must make reasonable accommodations for pregnant employees. These states included Delaware, New Jersey, Illinois, Maryland, Minnesota, and West Virginia with several cities adopting similar resolutions in New York City, Philadelphia, Central Falls (RI), and Washington D.C. So far, Florida has not followed these states in enacting such legislation.
The AutoZone Test Case
A woman was fired from her management position with AutoZone shortly after announcing her pregnancy and received a jury verdict in excess of $185 million. The courts may ultimately reduce this verdict but it hints at a change in tolerance corporate pregnancy policies and treatment of pregnant employees.
2014 was a big year for pregnancy discrimination cases. The courts are just starting to place parameters around what “reasonable accommodations” look like.
If you think you’ve been discriminated upon due to pregnancy, contact employment attorneys who can help you understand your rights and get the justice you deserve. Contact Wenzel Fenton Cabassa, P.A. for a free case evaluation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 5 Common FMLA Violations & Mistakes Employers Make
What are some common FMLA violations by employers?
Were you denied leave or disciplined for FMLA absences? Eligible employees have a right to take leave for qualifying medical conditions or family circumstances as outlined by the Family and Medical Leave Act (FMLA).
To qualify for FMLA leave, an employee must meet the following basic eligibility requirements: the eligible employee must (1) work for a covered employer; (2) work 1,250 hours during the 12 months prior to the start of leave; (3) work at a location where 50 or more employees work at that location or within 75 miles of it; and (4) have worked for the employer for 12 months.
In addition to these basic requirements the reason for leave must be one of the following:

the birth, adoption, or foster care placement of a child
the employee’s own serious health condition
a family member’s serious health condition
qualifying exigencies arising out of a family member’s military deployment, or
a family member’s serious injury or illness arising from military service.

The definition of “family member” covers children, spouses, and parents, but does not include extended family.
What are some common FMLA violations by employers?
Refusing to Recognize Qualifying Conditions
An ailment such as the common cold (not usually covered by FMLA) could turn into a condition that does, such as bronchitis, strep throat, or pneumonia. In addition, eligible employees can also take FMLA leave to care for family members suffering from a serious illness. Therefore, an employer also cannot refuse FMLA to an employee who must care for a child, spouse, or parent who is suffering from a serious illness.
Asking for Notice Too Far in Advance
The FMLA allows employers to outline their own policies when it comes to procedures for an employee to give notice of a need for leave. However, the employer cannot impose procedures contrary to the provision of the FMLA.
The FMLA generally requires that an employee must give 30 days’ advance notice but if 30 days’ advance notice is not possible, notice should be given “as soon as practicable”. In the case of unforeseen leave, again, notice should be given “as soon as practicable.” “As soon as practicable” means as soon as both possible and practicable and will depend on the facts and circumstances of each case. The Regulations to the FMLA provide that it should be practicable for an employee who becomes aware of a need for leave less than 30 days in advance to provide notice of the need for leave as soon as the same day or next business day.
Retaliation for Absences Covered by FMLA
Even if your employer does not fire you wrongful termination when using FMLA because you have used FMLA leave, they may violate the law if you are disciplined for absences covered by the FMLA. An example of this would be an employer that uses a “no-fault” absence policy, which means they count every single absence. Employers cannot, however, count an FMLA absence as a “no-fault” absence because this violates the FMLA.
Not Giving Employees Notice of FMLA Requirements
An employer cannot deny FMLA leave for failing to comply with the employer’s policies for requesting leave, if an eligible employee has not been informed of the proper method or procedure and timeline for filing for FMLA leave.
Failing to Recognize Notice of FMLA Leave
The first time an employee requests leave, the employee does not have to invoke any magic words or even a direct reference to the FMLA to give an employer notice as long as they have provided sufficient information to inform the employer that the leave may be covered by the FMLA, when and how much leave the employee anticipates and the notice was given in time for the employer to act on these obligations.
Have you been denied or retaliated against for eligible FMLA leave?
There are many more FMLA violations by employers that may interfere with or prevent you from exercising your rights to take protected leave. Get in touch with an experienced attorney. Wenzel Fenton Cabassa, P.A., is a Tampa firm of employment lawyers for employees.

SOURCES:
Do You Have an FMLA Claim Against Your Employer
Qualifying Reasons for FMLA Leave
Top Ten FMLA Leave Mistakes




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 5 Common Misconceptions About Religious Discrimination in Employment
Most people think religious discrimination is about jokes and off-color remarks but the effects of religious discrimination are much more pronounced than simply dealing with people who don’t understand your religious beliefs. It can cost you your job and can mean resentment amongst your peers if management forces allowances and creates a hostile work environment. If you think you know everything there is to know about religious discrimination in the workplace, think again.
According to the U.S. Equal Employment Opportunity Commission (EEOC), “religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs.” But as straightforward as that sounds, there are many protections employees are unaware exist.
Popular Misconceptions About Religious Discrimination and Religion at Work

The law only protects major and traditional religions such as Buddhism, Christianity, Hinduism, Islam, and Judaism.  This is not the case. It also protects employees and potential employees who have “sincerely held religious, ethical or moral beliefs” as well as people who have no religious beliefs by being discriminated against by those who do.

 

The law only protects the employee’s or job candidate’s religious preferences. This is partially true in that the employee or candidate is the one who could potentially be treated unfairly, but the law recognizes that some people make assumptions based on the “company we keep.” So if a spouse or another close relation is a particular religion, you cannot discriminate against the employee or candidate based on that.

 

The way you look has nothing to do with religious discrimination. Some companies have switched customer- or client-facing employees to a “back” office based on the wearing of religious garb such as a Jewish yarmulke or a Muslim head scarf, or religious grooming practices such as a Rastafarian dreadlocks (or other long hair) or a Sikh’s uncut beard (back before beards were hipster fashion statements). This can also apply to uniforms if they are against an employee’s religion such as wearing pants or something immodest. Again the allowance must not place an undue hardship on the employer.

 

You automatically get weekends off if you’re religious. Some religions do not allow work on the Sabbath. An employee does not have to work on his or her Sabbath if it does not place “undue hardship” on the employer. Hardship can be financial or a decrease in the morale of other employees on the team.  For instance, if you work for a large employer and there are many employees who can cover your shift or work for you every Saturday or Sunday, your employer must allow it. If on the other hand, it’s a small operation or one where everyone takes turns working on the weekends and finding someone to repeatedly cover the shift would cause resentment among peers, or if the company would need to hire an additional person because you can’t work that time, the company may not be forced to give you the Sabbath off. Since “undue hardship” is a bit of a nebulous concept, it’s best to speak with an employment discrimination attorney about whether your situation should be honored or not.

 

If your religion makes you do it, your employer has to allow it. While the Civil Rights Act of 1964, Title VII protects employees of companies that employ larger than 15 people from religious discrimination, it is not forced to honor every religious stipulation an employee follows. The differentiator, as mentioned above, is whether the request places the business in undue hardship. If for instance, a 15-person company employed someone whose religious beliefs dictated two hours of meditation in the middle of their busiest time of day and accommodating this meant having to hire another employee, the employer would not be expected to do that.

Religious discrimination is not always a bullying situation or off-color jokes. Sometimes it’s the quiet assumptions employers make about withholding promotions or deciding someone’s not right for the company culture because of their religion.
If you think you’ve been a victim of religious discrimination, contact one of our employment attorneys at Wenzel Fenton Cabassa, P.A.. The initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 5 Examples of FMLA Retaliation in the Workplace
The Family and Medical Leave Act (FMLA) creates the right for individuals to take a leave of absence due to serious illness or injury of the employee or family member, childbirth or adoption without the fear of losing their job — and protects you from retaliation from your employer if you exercise or attempt to exercise your rights to protected leave. It is unlawful for any employer to take adverse action against you or retaliate against you for filing for FMLA protected leave.
Do you feel you have been the victim of FMLA retaliation? Here are some examples of how employers have retaliated against employees for taking FMLA leave. If you think you’ve been retaliated against, contact an employee rights attorney to represent your case.
 
Examples of FMLA Retaliation

Disciplining an Employee for Taking Leave

Did your employer give you a bad review because of work that wasn’t completed during your time off? Did they count that time off against you? These ‘subtle’ forms of discipline are examples of FMLA retaliation. Employers may utilize this discipline as a precursor to a potential wrongful termination.
 

Firing an Employee for Taking Leave

A particularly egregious example of retaliation is getting fired for taking FMLA for family or medical leave. If you took leave which is protected under the Family and Medical Leave Act to have a baby or take care of a loved one due to a medical need and you were fired, you may have a case and should seek legal advice immediately.
 

Reinstating an Employee to a Lesser Position

Some employers may retaliate by giving you a different position with lesser responsibilities when you return to work. For example, if you were a department supervisor at a retail store prior to going on FMLA leave, and return and have been demoted to a sales associate or cashier, this could be considered retaliation. Be sure to ask your supervisor the reason for your demotion and keep any emails, documentation or other written correspondence for your records. Also, keep a journal of any meetings or verbal conversations with your supervisor as this can help build your case should you have one.

Reduction in Pay or Benefits

Under federal law, you are entitled to the same pay and benefits you received prior to your family or medical leave. Make sure to review your paycheck and benefits after you come back to confirm everything is equivalent. If you have seen a reduction, this may support a claim of FMLA retaliation.
 

Assigning Work Not Relevant to Job Prior to FMLA Leave

Sometimes, FMLA retaliation will come in the form of assignment of additional duties or a different a work situation altogether. For example, an employer may incorporate heavy lifting of products 50 pounds or more as a regular duty when you didn’t do that before. They might also make you stand up for all or most of your eight-hour shift when you had a position at a desk before the FMLA leave.
Retaliation against an employee for taking time off under the Family & Medical Leave Act is against the law. Employers that retaliate against you for exercising your rights protected by Federal law should be stopped and held responsible for their actions.

 
Contact an Employment & Labor Law Attorney
If any of these FMLA retaliation examples have happened to you, contact Wenzel Fenton Cabassa, P.A. Our team of professional employment law attorneys can answer any of your questions and help you decide the best course of action.
We provide free, confidential case evaluation and work hard each day to fight for the rights of employees. Keep all documentation of potential retaliation — from disciplinary notices to emails or letters of termination. If a claim is filed against your employer, this will strengthen your case and help bring your employer to justice.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 5 FLSA Exemptions You Need to Know About
Last May, the Department of Labor issued a Final Rule which made significant changes to the Fair Labor Standards Act, including changes which would result in overtime pay for many employees who were not previously eligible for overtime pay. The changes were supposed to go into effect December 1, 2016. The Department of Labor  gave employers about six months to assess how they would comply. The main challenge to employers was the near doubling of the salary threshold from $23,660 to $47,476. In other words, employees who were not eligible for overtime because they earned a salary greater than $23,660 would be eligible as long as they earned a salary less than $47,476.
This caused many questions for HR because a lot more of the workforce would potentially be eligible for overtime pay. Employers had the option of paying out the overtime to eligible employees  or increasing their salary above the threshold. Some employers made the adjustments before the deadline. Now they’re sitting in limbo.
If you’re assuming your company has it all figured out, you might be surprised. The Rule was set to be enforced starting on December 1, but a temporary injunction has changed that for the time being.A Federal Court has temporarily put the Final Rule on hold. As a result, there is no change at this time to the overtime provisions of the FLSA. Your employer can continue operating under the existing overtime law for now.
The Final Rule would change the salary test but did not change the duties test. So, the regardless of the outcome in the Court relative to the Final Rule, the following duties tests apply and are unchanged.
5 Exemptions to FLSA
Some Employees Are not Eligible for Overtime Pay Based on the Duties Performed by that Employee
While there are/were big changes afoot to the salary thresholds, there were no changes under the Final Rule for what is known as the Duties Test. In order for an employee to be eligible for overtime an employee must meet salary thresholds and must be employed in a position that made them eligible. There are many exemptions that make employees ineligible to receive overtime. Some of these may surprise you.
Here are the most common exemptions:

Executives are not eligible regardless of salary. To qualify for executive status you must manage at least two full-time employees or their equivalents. Management is also not eligible. Management is denoted by the two employee designation as well as “particular weight,” which means you’re part of the decision-making process for the organization and your opinions carry some weight in regards to hiring and firing. Business owners are also ineligible. Business owners have at least a 20% investment in the business.
Administrative positions are not eligible for overtime . You are considered an administrative role if the duties you perform are “directly related to management or business operations.”
Learned professionals are exempt. These include employees whose work requires “advanced knowledge and training.” Many employees in scientific, academic and legal fields are covered under this exemption, including teachers. Creative professionals whose main pursuit is artistic are also not eligible.
Computer-related professionals are exempt, provided they meet a separate salary test..
Outside sales representatives are exempt. However — and here’s a part many employers get confused over — inside sales representatives are eligible for overtime.

If, after reading about these exemptions, you believe your employer has incorrectly categorized you as exempt don’t wait on the injunction to be lifted. Even if it is lifted tomorrow, it does not change the Duties Rule, only the salary thresholds. Contact our tenacious employment attorneys to help understand the intricacies of the Duties Test. At Wenzel Fenton Cabassa, P.A., your initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 5 of the Most Common FMLA Violations
FMLA violations are probably more common than you think. Employees want to believe when they are talking to the human resources department that the employer is adhering to the law but many times the Human Resources Department representative simply don’t know the details of the Family & Medical Leave Act and whether it applies to them and to you.
First, the Family & Medical Leave Act doesn’t cover everyone. This is where the confusion starts. Both employer and employee must meet minimums for it to apply. The employer must employ at least 50 employees or more for 20 weeks out of the year within 75 miles of your employment site. (However, it’s important to know that all government entities, including public schools, regardless of size, are covered by the FMLA.)
The employee must have worked at least 1,250 hours over the past twelve months and worked for the company at least 12 months. (Those months needn’t be consecutive.) Employees can not arbitrarily take FMLA leave to care for anyone they wish for any reason. FMLA stipulates a “serious health condition” of you or an immediate family member. This covers spouse, child, and parent. It does not cover pet, girlfriend/boyfriend, in-law, or other non-immediate family.

The Most Common FMLA Violations
Here are some of the most common FMLA violations we see.

All or Nothing

Some HR reps are under the impression that FMLA must be taken as full-time leave. However, if medically required,  leave may be taken on an intermittent schedule. FMLA leave is not all or nothing. If medically supported, you must be allowed to take leave on a part-time, or intermittent basis,  and when you are at work,  you will be paid when you are at work.  Your part-time leave will be unpaid. This helps many employees stretch their leave while cushioning the financial hardship of making ends meet while working through a serious health condition situation. Part-time pay is better than no pay.

Not Understanding “Serious Health Condition”

The requirement that you must be taking time off for a  “serious health condition”  to trigger FMLA coverage does not mean that you must have a terminal illness, although a terminal illness would qualify as a serious health condition. The FMLA is triggered by maternity care, adoption placement, surgeries that render you or your immediate family member incapacitated for a period of longer than three days if you require an overnight stay in the hospital, ongoing treatment for a chronic condition, and other reasons. Some companies will tell you a shoulder operation, for instance, will not qualify for FMLA leave. That is not necessarily true and their failure to grant time off under the FMLA may be an FMLA violation. If you will be incapacitated in some way if the surgery is not done, or if you are incapacitated currently because of the injury (or illness), you may apply for FMLA.
The most common misconception of not understanding “serious health condition” is when a minor illness (or injury) takes a major turn, and a complication arises. While the initial illness (or injury) may not have qualified, the complication often does. Don’t let your employer tell you otherwise.

The Employee Didn’t Ask to Go Out on FMLA Leave

You don’t have to use any magic words and phrases to give notice of a need for leave and trigger the protections of the FMLA. If while you are speaking to your human resources representative or manager, you mention needing to be off to take care of your own, or an immediate family member’s medical needs, as long as you have provided sufficient information to put them on notice that this may be a covered leave, it is incumbent on the employer to recognize what you are asking for- and the possibility that you are eligible for FMLA leave – even if you don’t ask them directly for FMLA forms.

Firing You Upon Your Return

The FMLA was designed to protect an employee’s right to be restored to an equivalent position after a covered leave. It is a job protection statute. While you’re not guaranteed your old job back (it can be held but it’s not guaranteed), you are guaranteed a similar one with similar pay, hours, and responsibilities.

Confusing Leave with Working from Home

Your employer should never ask you to perform work while you are on full-time leave. Some employers are so wary of this they hesitate to even communicate with employees on leave. This is not beneficial either. Communication and updates on your return are allowed and encouraged. Asking you to submit reports, and to complete other work, is an FMLA violation.
If you are on FMLA leave and one of these things has happened to you, your employer may be violating the FMLA. Consult with a Tampa Family & Medical Leave Act attorney today. At Wenzel Fenton Cabassa, P.A. the initial case evaluation is free. Call us at 813-365-3417.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 5 Reasons You May Be Denied Unemployment Benefits in Florida
If you’ve recently lost your job, there are several reasons you may be denied unemployment benefits in Florida. Most of them can be tied to employee misconduct, but it’s important to know that many eligible Florida residents can be denied unemployment benefits for a number of other reasons and sometimes through no fault of their own.
Here are five of the most common reasons you may be denied unemployment benefits by the Florida Department of Economic Opportunity.

Employee Misconduct
Voluntary Resignation
Refusal to Accept Suitable Work
Not Meeting Earnings Requirements
Problems With Florida’s Unemployment System

Common Reasons to Be Denied Unemployment Benefits in Florida
1. Employee Misconduct
In 2011, Florida’s Unemployment Compensation Law was amended to expand the definition of employee misconduct. This was important because it made it less difficult for employers to prove misconduct and employees were no longer presumed to be entitled to unemployment benefits. Prior to the amendment, misconduct was defined as:

“Conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of the employee.”
“Carelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design, or to show an intentional and substantial disregard of an employer’s interests or of the employee’s duties and obligations to the employer.”

Prior to the amendment, the definition was pretty cut-and-dried, but now employee misconduct is more difficult to define. In addition to slightly altering the original definition above, the definition was expanded. For example, under subsection a) as an employee, your misconduct now needs only to be in “conscious” (rather than “willful or wanton”) disregard of reasonable standards established by your employer. This certainly reduces the burden of proof for the employer.
The new subsections of the law address “chronic absenteeism or tardiness”; “subjecting your employer to sanctions or loss of licensure”; and “violating an employer’s rule.” This last subsection is the most troubling for the employee because rules are often not consistently or fairly enforced by employers. Also under the new law, employee misconduct can occur outside of the workplace, which is not easily defined.
Although employee misconduct can be a bit nebulous at times, the following four reasons for denial by the DEO are fairly explicit.

2. Voluntary Resignation
If you voluntarily resign from your job without good cause, you are not eligible for unemployment benefits. However, if you resigned because of unsolvable problems at work, such as discrimination, harassment, or unsafe working conditions, you may be granted benefits, as long as the conditions were documented and your employer was aware of them.
3. Refusal to Accept Suitable Work
If you refuse to apply for or accept suitable work, you are not eligible for unemployment benefits. There are a number of factors taken into consideration when evaluating whether a position is suitable for an individual, including the degree of health, safety, and moral risk; physical fitness and prior training; experience and prior earnings; and distance of available work.
4. Not Meeting Earnings Requirements
Like most states, Florida has a minimum earnings requirement for those who are eligible to collect unemployment benefits. During a 12-month base period, you must have earned at least $3,400. If you did not, you are not eligible for unemployment benefits.
5. Problems With Florida’s Unemployment System
Finally, the State of Florida pays out unemployment benefits at one of the lowest rates in the United States. Part of this has to do with the state’s skills test, which must be completed online by those applying for unemployment benefits. While there is no pass/fail and your answers do not affect your claim or eligibility, the test is mandatory and many people do not complete the test and their claim is denied for failing to simply take the test. Unfortunately, there have also been issues with the website applicants must use to apply for benefits. It’s difficult to navigate, applicants can’t communicate directly with staff to fix issues, and the DEO sometimes claims that individuals have been paid too much or have committed fraud. Many applicants simply give up after several attempts, and others don’t receive benefits in a timely manner.
If you applied for unemployment benefits and feel that you were unfairly denied those benefits, you may want to consider appealing the decision. For example, if you were let go due to perceived misconduct that may have some room for interpretation, you may have a case. You should first take a close look at the right to appeal page on the Florida DEO website. Here you’ll find pertinent information on important deadlines, what to include in your appeal, and instructions regarding the hearing process. You must act quickly- the time within which to appeal is set out in your determination letter.
If you decide to move forward with your appeal, you may want to consider speaking to an attorney who can answer any questions you might have about your case and also give you a sense of whether the fees will make it worth your while. After all, in Florida, the current maximum amount you can collect per week in unemployment benefits is $275 for 12 to 23 weeks, depending on the current unemployment rate in the state.
If you’ve been denied unemployment benefits by the Florida Department of Economic Opportunity, Wenzel Fenton Cabassa, P.A. can help you determine whether you may have a case. Give us a call today to schedule your free case evaluation.
CONTACT US IF YOU HAVE EXPERIENCED WRONGFUL TERMINATION
Because we are a contingency law firm, we do not offer representation for unemployment claims – nonetheless, the information we have provided, including our free ebook on wrongful termination, should assist you in filing.  However, if your unemployment situation is a result of wrongful termination, unemployment compensation may not be your only recourse. Contact our law firm to discuss your employment law situation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 5 Reasons You Were Fired for Your Age
Forty is the new 30, right? Not when it comes to hiring and firing. The Age Discrimination in Employment Act (ADEA) makes it illegal to fire or refuse to hire anyone 40 and over. Think it can’t happen to you or it’s something that only happens to people who are 65 and up?
According to the Bureau of Labor Statistics,
1 in 5 US workers is age 55 or higher.
The National Council on Aging estimates that in just two years 40% of Americans 55 or higher will be employed. As the number of older adults in the workplace continues to increase, we can expect the incidents of age discrimination will as well.
In a study conducted in 2013 by AARP,
64% of workers say they have “seen or experienced age discrimination in the workplace.”
Can we afford for this number to get larger?
If you’re over the “new thirty,” and have reason to believe you’re being treated differently because of your age, don’t sit back and hope it goes away. Those adverse actions could escalate, and you could end up losing your job. Here are several reasons you may be on the chopping block regardless of your abilities.
Age Discrimination: 5 Reasons You Were Fired Due to Your Age

Employers Believe You’re More Costly

Your employer may assume that as you age, you will become more expensive to the company. Your health care expenses will go up, your aches and pains will increase, and you’ll be more prone to missing work. You may not be able to meet the physical demands of the job. Even sitting at a desk for extended periods of time could become uncomfortable.

You Are More Costly

If you have spent the better part of your life in an industry, chances are your salary reflects your experience. As an established employee your pay is a lot more expensive than a person right out of school. Employers can cut a significant portion of their labor costs if they fire experience and hire newbies.
Often employers dress this up by calling it “job elimination”- changing the name of the position, and hiring someone younger and less expensive. But if they fired you because of your age, you may have an age discrimination claim.

You’re Not Hip

There are company cultures and industries that believe innovation is a youth-based talent, regardless of what studies like the Kauffman Foundation found. That research showed that the highest rate of entrepreneurship in America wasn’t Gen Y but ages 55-64. If your business is trying to attract younger employees, don’t be surprised if you’re given a seat far away from the HR department. Company culture is a big selling point these days and if your age doesn’t fit their idea of “tech cool,” you may find yourself unemployed.
In these cases, watch for a string of good reviews suddenly going awry. Most employers understand that age discrimination is illegal and so they begin to build a case against you that shows your performance is slipping.

They Assume You Can’t/Won’t Grasp Tech

Many companies are embracing electronic workflows and other ways to increase efficiencies using technology. There’s an assumption out there that the older you are, the less likely you are to embrace it. While this is not only incorrect, it is also illegal if you fire someone based on the belief they cannot adopt and use the tech based on their age.
If you, and other workers of similar ages, are excluded from training, it’s time to speak up and ask them why you’re being left out. Make a note of their response.

They Think You’re Retiring Soon

Have you ever heard of the “mommy track”? It’s a label (also illegal) that serves to pigeonhole employees and limit their advancement based on the fact that they are categorized as a mother, and so it is assumed their interests lie elsewhere.
There’s also a “retirement track.” Some employers may be unwilling to invest in your professional growth because they see you as just putting in your time for the next few years until you can jump in your RV and drive around the U.S. visiting your grandchildren. This stereotype is not only unfair, but it’s also illegal. Limiting your professional opportunities and offering packages to get you out of the office sooner rather than later may mean that you’ve been a victim of age discrimination.
If you’re over 40 and you believe your employer has acted unfairly towards you based on your age, you need to know that isn’t just the way things go. It could be illegal. View our free e-book entitled, “Wrongful Termination: When Firing Is Illegal” to learn more.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 5 Signs You May Have Grounds for a Wrongful Termination Case
A wrongful termination case is an expansive topic. That’s why it’s so often misunderstood even by lawyers who do not regularly practice in this particular area of law. It can involve a discrimination claim or wrongful job status classification, retaliation for filing workers’ compensation claims, whistleblower activities and even refusing to participate in an illegal action.
If you’ve been terminated recently or have suffered because of an adverse employment action, such as a demotion, failure to be promoted, involuntary job switch, or being left out of career-critical meetings and cut off from receiving information required to perform your job well, you may have a wrongful termination case. Here are several examples of cases of wrongful termination.

 
Were you fired from your job illegally? Find out with our free guide.
Protect Your Rights!

 
 

5 Examples of Wrongful Termination Cases

1. You Were Fired While on FMLA

If you are protected under the Family & Medical Leave Act and your employer terminates you while you’re on approved leave because you exercised your rights to take leave, you may have a wrongful termination case.
You may also have a case if you were demoted, placed on a performance improvement plan for no reason, or returned to a new job that was not equivalent to your previous position. Your job does not need to be held open for you when you’re gone, but a similar one must be available when you return. While this is not technically “termination,” it is still worth discussing with an employee rights attorney.
However, being on FMLA leave doesn’t give you a pass to do whatever you please. You can always be terminated for reasons unrelated to the leave, such as poor job performance, or for no reason, as long as the termination is not because you took FMLA leave.
2. You Turned in Co-Workers for Doing Something Illegal
If you provided evidence or blew the whistle on co-workers who were doing something illegal or fraudulent, acting in their capacity as employees of your employer, and you were then terminated, you may have a wrongful termination suit. For instance, if you report that your supervisor is submitting false claims to Medicare, or the employer is dumping chemicals in the swamp behind the office, or the accounting department is issuing false reports to its shareholders and government agencies, you may have a whistleblower action.
3 You Were Terminated Because of an Inferred Ethnicity
Some employees assume that if they’ve worked for a company for a long time and are then terminated, that it can’t be discriminatory based on something like race or gender since the employer would’ve known these things from the start. However, that is not always the case. Sometimes new management takes over, or imagine this scenario:
Even though you’ve worked for the company for several months, no one has met your spouse. You attend the company holiday party with your spouse, who is physically identified as a particular race or wearing an obvious form of religious garb. The employer may never have thought of you as that race or religion, until they saw your spouse. Now you’ve been terminated. You may have a case for wrongful termination based on discrimination.
4. You Have a Written Contract, and You Were Terminated for Causes Not Specified
In a written contract, there’s often a provision that states on what terms you can be fired. If you were fired for a cause not clearly reflected in that employment contract, you may have grounds for a wrongful termination case.
5. You Were Terminated for Serving National Guard Time
Terminating someone as they perform service to the country by honoring their National Guard commitment is a violation of public policy and Federal law. If this is the reason for your termination, you need to speak with an employee rights attorney.
Wrongful termination is one of those broad areas that is difficult to understand because there are many fact situations that may give rise to a wrongful termination claim. Working in an employment-at-will state does not mean you’re unprotected in the eyes of the law. Your termination may have been against the law.
To learn more about when firing is illegal, access our free ebook. 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 5 Things You Need to Know About Filing A Wrongful Termination Suit in Florida
Do you think you may have been illegally fired from your job? If so, you should know important information on how to file a wrongful termination suit in Florida.
As dedicated employment lawyers in Florida, Wenzel Fenton Cabassa, P.A., is here to ensure you have the information you need to know about employee rights.
About Filing a Florida Wrongful Termination Lawsuit Against Your Employer
Here are five things you need to know about filing a wrongful termination suit in Florida:
1. Even though Florida is an “at-will” state, workers have certain protections against wrongful termination.
The first thing to understand how to file a wrongful termination suit in Florida is that the status of an “at-will” state is not all-encompassing. Yes, the definition of an “at-will” state means that your employer can fire an employee for any reason or no reason at all. But— if you are in a protected category under federal or state law, or if you engaged in protected activity, your firing could be illegal and that is what you hear referred to as a “wrongful termination.”.
2. There are multiple protected categories that are covered under strong employment laws. 

The reach of employment law is extensive. There are many situations that would amount to the illegal firing of an employee. Here are some examples of actions that could qualify as wrongful termination:

Race discrimination –
Race discrimination in the workplace should never be tolerated. If you feel you have been fired due to your race, the next step could be an Equal Employment Opportunity Commission (EEOC) claim or a claim under state law.

Sexual harassment in the workplace creating a hostile work environment –
Sexual harassment continues to create a hostile work environment for many workers. Employment lawyers fight aggressively to protect your rights if you have endured sexual harassment and were subsequently fired. Your attorney will examine the details of your case closely and be your legal advisor every step of the way. Know that you have a right to a safe workplace free of sexual harassment.
Retaliation after filing a workers’ compensation claim –
Employers who retaliate against an employee by firing them after they file a workers’ compensation claim should be held accountable. If you have been injured while on the job and fired for filing a claim (or because you were about to file a valid claim), contact a wrongful termination lawyer today.

Protections are also in place to prohibit other types of discrimination, violations of the Family and Medical Leave Act (FMLA), whistleblower retaliation, as well as violations of wage and hour laws, including overtime pay.

3. Gathering documentation strengthens your case.
An important step in how to file a wrongful termination suit in Florida is gathering documentation. Examples of types of documentation include:

employment records,
schedules,
pay stubs,
relevant emails,
employee reviews,
names of employees who may have witnessed discrimination,
personal notes on what happened, when, and where, as well as other types of correspondence such as memos,
text messages,
and voice mails that would be relevant to your case.

4. You should not delay filing a claim because there are statutes of limitations on wrongful termination lawsuits.
Do not delay consulting with a wrongful termination lawyer, or you could be too late. Worker’s rights laws have a lot of power – but they do not give you a lot of time to start the process. Generally speaking, the statute of limitations for filing a claim of wrongful termination is 180 calendar days from when the retaliation or discrimination took place. However, if you dual file with the EEOC and the Florida Commission on Human Relations (FCHR), you have up to 300 days. Other statutes have even shorter times within which to file (such as OSHA Whistleblower claims- 30 days). Time is of the essence.
5. Working with a wrongful termination lawyer is recommended to get the best outcome. 
Due to the complexity of employment law, and in particular wrongful termination lawsuits, it is highly recommended to work with employment lawyers who specialize in worker’s rights. There are multiple resolutions that may occur in a case, and having an expert, experienced attorney makes a huge impact on what happens.
Potential outcomes may include getting your job reinstated, receiving unpaid wages or unpaid overtime, and receiving additional awards of damages from your employer.
The Next Step: Contact a Wrongful Termination Lawyer Today
Having the basic information on how to file a wrongful termination suit in Florida gives you an understanding of what can qualify as a case and what kind of outcomes can occur. The next step is to contact an expert, experienced attorney.
Wenzel Fenton Cabassa, P.A. is passionate about fighting for the rights of Florida workers. We have helped thousands, and people hold their employers accountable for wrongful termination and other violations of national and state employment law.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 5 Ways to Avoid Hurting Your Damage Claims
For the most part, damages in employment lawsuits are awarded by juries. Juries are comprised of people. People have opinions and these opinions influence their decisions when it comes to damage awards. Jury instructions read by a Judge provide parameters parameters and the amount to be awarded may be suggested through evidence of lost wages, emotional distress and other factors, and argument of counsel, but the reality is that these are only suggestions. The award is ultimately up to the jury and because of this, there are several things we tell our clients to remember:
Be Likeable
Underdogs are a favorite for American audiences but underdogs must be likeable. This means you want a clean record, no lying on government papers like tax returns, no getting caught in the act of doing something you claimed you couldn’t do, etc. The employer’s attorneys will look for ways to discredit you and make you unlikeable. Don’t help their case.
Stay Silent
Ever watch a news program where someone is being interviewed and he says he cannot comment on the case? Think of this as the golden rule. Do not talk about your case. This applies to posting on social media, texts, and emails, and covers “jokes” on these platforms as well. If you discuss any details of the case, comment about the employer’s attorneys, post about getting rich, or any other commentary about the case, all of that can, and most likely will, be discovered by opposing counsel and used against you if at all possible. If you don’t think that will hurt your case, reread “Be Likeable.”
Don’t Play the Martyr
A pending court case is not a reason to stop looking for a job or place your life on hold. People like hard workers. If you look like you’ve been sitting around waiting to cash out, a jury won’t respond to that with the same interest as someone who’s pursuing a fulfilling life while the case is being decided proceeding through a slow litigation process.
You don’t want to look like you’re waiting for your ship to come in or your lottery numbers to win it big. Go on with your life. There is no guarantee of an award in your case but you will look like a more deserving candidate if you are looking for employment and doing everything you can to recover from an unlawful termination. Perception is very important.
Your obligation to look for work is not only a matter of perception. Under the law, you are required to look for work to “mitigate” your damages. Meeting your legal obligation is very important. Since the law requires you to continue to look for work, make sure you keep good documentation on your attempts. Also, make sure your attempts (and documentation) are serious. While you may have to look for work in another industry if jobs are hard to find, your attempts shouldn’t be comical. If they are, the jury may feel like you’re looking for jobs at places you know you won’t be hired. A senior welder looking for work in a women’s clothing store doesn’t seem like a serious inquiry for employment, unless he’s considering a change in careers.
Don’t Overspend
Some people start spending as soon as their case is assigned a date for trial. There are no guaranteed awards so you should never spend more than you have. This applies even after you’ve been awarded damages and have a piece of paper in hand that reads “Final Judgment”. Until you have collected the Judgement and have money in hand, you should not consider that money your money. Appeals and employer bankruptcy can delay, or put off the receipt of money, indefinitely.
Exercise restraint. This is not meant to be a windfall but a monetary award to offset the workplace discrimination, harassment, unpaid wages, etc. that you were subject to. Plus if you buy a brand new car and a jury member sees you parking that morning, you can be assured she will question your need. Even though awards aren’t based on need, biases occur in situations like that.
Keep Records
If you are seeking damages a jury is more likely to award the requested amount if it is based in reality so records are important. How did losing your job affect your ability to pay your mortgage? Did you rack up credit card debt without an income? What was the interest on your credit cards? You want your damages to be based on what this wrongful termination has cost you not on a number you arbitrarily selected. Proof of damages is important to your credibility.
If you think you have an employment claim against your employer, or former employer, contact Wenzel Fenton Cabassa, P.A.. We can advise you of your rights and the initial case evaluation is always free. Call us today.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 5 Ways to Deal with a Hostile Work Environment
A hostile work environment is not only challenging to deal with, but it can also be a complicated issue to navigate. If you have been the subject of intimidating and offensive conduct from a supervisor or coworker based on your protected status (such as your race, gender, or age, or because you engaged in activity that is protected under the law) that is intentional, severe, and pervasive enough to interfere with your ability to perform your job, it is crucial you take action.
Here are five ways you can combat harassment and discrimination at work and help prove your case.
How to Deal with Workplace Discrimination and Harassment

Speak Up

You should not have to deal with harassment. Speak up and tell the co-worker, boss, or other offender to stop the unwanted behavior right away. You are protected under federal law against sexual harassment, age discrimination, race discrimination, and other situations that create a hostile work environment.

Document Everything

Take notes when this unacceptable behavior happens. Include dates and details including what happened, where it happened, and any other pertinent information. Save emails or other varieties of documentation that contains any harassing language, offensive jokes, threats or other potentially abusive matters. These types of materials can often be helpful in proving a hostile work environment case.

Work Together with Your Team

If you are feeling threatened or are trying to stop harassment in your workplace from a supervisor, co-worker, or even a customer, find your allies and work together as a team. Individuals who are close to you can help to document the behavior and can act as a support network when you are having major difficulties at work. There is strength in numbers.

Don’t Blame Yourself

It is not your fault if this is happening. Blaming the victim is a common tactic of those who behave inappropriately or abusively. Don’t blame yourself for what is happening (or has happened in the past). It is their actions that are the problem, not yours. Harassment and discrimination in the workplace are wrong, and you have the legal right to work in a safe, secure environment that is not hostile.

Contact an Employment Law Attorney

Employment law attorneys are experienced in protecting employees from workplace discrimination, wrongful termination, retaliation, bullying and much more. Since not all offenses are actionable under Florida law, they can assist in proving a case of a hostile work environment and help you seek the justice you deserve.
Sometimes, it can be hard to know how to deal with a hostile work environment, but using these strategies will not only help you personally, but have the power to stop the harasser in their tracks, hold them accountable, and keep it from happening again to you or someone else.
Contact Wenzel Fenton Cabassa, P.A. if you are dealing with a hostile work environment now or have been retaliated against (such as being demoted or fired) for reporting harassment or abuse. We fight for the rights of people just like you every day and are dedicated to fighting for fairness, justice, and equal rights in the workplace.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 5 Ways to Prove Age-Based Discrimination in the Workplace
Age-based discrimination in the workplace is not uncommon and can occur in many different ways. Often, employees are passed up for promotions, suffer unwarranted comments and harassment, or are denied employment due to their age – but it does not stop there. Regardless of the tactics used to discriminate, there are laws protecting employees from such actions.
In fact, the Age Discrimination in Employment Act (ADEA) of 1967 protects employees and applicants who are age 40 or older from age-based discrimination in;

Hiring
Compensation
Promotion
Discharge
Terms
Conditions or privileges of employment

However, proving a discrimination case based on age is not always straightforward. If you believe you have been the victim of age-based discrimination, here is what you need to know to help prove your case.

5 Ways to Prove Age Discrimination
Harassment
Derogatory and/or offensive remarks about an individual’s age becomes illegal when it is so intense or severe that it creates a hostile work environment or facilitates an adverse employment decision such as being demoted or fired. Harassment can come from a supervisor, co-worker, or even a client or customer.
If you’re experiencing harassment, be sure to document your experiences, including date, time, type of harassment and who was the perpetrator. Also, file a report with your human resources department and keep any documentation provided during the process. If the harassment is not resolved or you lose your job, be sure to contact an experienced employee rights attorney to review your case. Often, consultations are confidential and free.
Example: Imagine you are regularly subjected to remarks about your age during team meetings, where comments such as ‘maybe it’s time to retire’ or ‘this might be too technologically advanced for you’ are made by your supervisor or colleagues. In situations like this, it’s crucial to record each comment with as much detail as possible.
Discipline
If you have been experiencing unexplained disciplinary measures at work, this may be an indication of age discrimination. For example, if a young co-worker performs similar actions without getting written up, your employer could be targeting you because of your age.
It is important to keep and secure all documentation regarding any disciplinary actions should you choose to pursue a case against your employer. If you are not provided documentation, request it from your supervisor and/or Human Resources Department for your records.
Example: Consider a scenario where you receive a formal warning for arriving a few minutes late to a meeting, despite it being a rare occurrence for you. However, you’ve noticed younger colleagues frequently arriving late to meetings without any reprimand or mention. It’s essential to document each instance, noting the date, the specific disciplinary action taken, and any comparable situations involving younger employees who were not similarly disciplined.
Direct Evidence
Occasionally, blatant cases of age discrimination will occur. If your boss tells you directly that you are being fired because you are too old, that is against the law. If you receive emails or letters that directly reference your age, make sure to keep them and any other evidence you may have when you consult an employment law attorney. This type of direct evidence holds a lot of weight when it comes to private negotiation, mediation, and trials.
Example: Imagine a situation where during a performance review, instead of focusing on your work achievements or areas for improvement, your manager comments, ‘We’re looking to bring in fresher faces with more energy and up-to-date skills. It might be time for you to consider stepping aside for the younger generation.’ Such statements, especially if made in writing, such as through an email or an official performance review document, provide compelling evidence of age discrimination.
Hiring & Promotions
Age discrimination is forbidden by the ADEA throughout the hiring process. From the interview to the selection process, age should not be an issue in being hired. This is also true in regards to promotions as well. Were you better qualified for a promotion and a younger person was selected for the position? This could be another way to prove age discrimination.
Being passed up for a job based on your age is harder to prove, but it can be done. There are 3 ways to prove you were denied employment because of your age:

Direct evidence – The person conducting the interview makes age-related comments that are biased, such as “How long do you plan on working?” or “How old are you?”. In some cases, they may state you are “too experienced” and are looking for younger applicants.
Disparate treatment – The employer hired another employee despite the fact you were the most qualified for the position. Should this occur, the employer would be responsible for proving they did not deny you employment based on your age, but for another legitimate reason.
Disparate impact – Some employers will unintentionally list hiring requirements that would disproportionately impact older employees.

Example: Imagine a situation where during the final round of interviews for a managerial position, the hiring manager questions not your qualifications or experience, but rather hints at your longevity with the company by asking, “Given your extensive career, how much longer do you see yourself in the workforce?” It is paramount to record instances such as these.
Exclusion
Exclusion can be a more subtle approach to age discrimination, but that doesn’t make it any less wrong. Have you noticed a pattern of not being included in training programs or conferences, weekly lunches, or company events? Your employer may be trying to push you out of your position due to your age. Keeping records of these types of exclusions is central to proving a case.
Comprehensive areas that the ADEA provides protection for include:

Advertisements and Job Notices
Apprenticeship Programs
Pre-Employment Inquiries
Benefits

Example: Imagine you’ve been working in your company for over two decades, consistently receiving high marks on your performance reviews. However, over the past year, you’ve noticed a troubling trend: you’re no longer being invited to key strategic meetings, nor are you included in specialized training sessions aimed at adopting new technologies or methodologies. Recording these exclusions is crucial.
FAQs on Age Discrimination in the Workplace
We will now answer some frequently asked questions about how to prove age-based discrimination in the workplace.
How can I prove age discrimination in hiring?
Proving age discrimination in hiring can be challenging but is possible through direct evidence, such as age-related comments during interviews, disparate treatment evidence showing a pattern of hiring younger employees despite older candidates being more qualified, and disparate impact evidence where policies disproportionately affect older candidates.
What remedies are available if I’m a victim of discrimination?
Remedies can include reinstatement to your job, receiving back pay, compensatory damages for pain and suffering, punitive damages in cases of willful discrimination, and coverage of legal fees. The specific remedies will depend on the details of the case and the extent of the discrimination experienced.
Can I be asked about my age during a job interview?
While it’s not illegal for an employer to ask about your age or date of birth, such questions can be indicative of age discrimination. Employers have legitimate reasons for asking for a date of birth post-hire, mainly for background checks or benefits administration, but age should not be a factor in the decision-making process during hiring.
What should I do if I believe I’m facing age discrimination?
If you suspect age discrimination, start by documenting all incidents that support your belief, including dates, times, witnesses, and any comments made. Then, report these incidents to your HR department according to your company’s policies. If the situation does not improve, you may want to consult with an attorney who specializes in employment law.
Work With an Attorney
If you believe you have been discriminated against due to your age, then speak with an attorney to assert your rights and get your career back on track. Contact us today for a free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

Related Posts

#### 6 Examples of Workplace Age Discrimination
Age-discrimination is not uncommon and can occur whether a person is already employed by a company or is interviewing for a job. The Age Discrimination Employment Act (ADEA) was enacted in 1967 prohibiting employment discrimination against persons 40 years of age or older.
Here are some examples of age discrimination and what you can do to protect your rights as an employee.
Examples of Age Discrimination in the Workplace

Not Hiring Due to Age

If a qualified candidate is not hired exclusively due to their age, this would be considered discrimination. The age consideration has to be the determinative factor behind the refusal to hire. Some job postings may include an “ideal age range,” but this has to be a bona fide occupational qualification (BFOQ) or it is illegal. Age considerations are rarely that obvious, however. If you believe age was the reason you were not hired, based on comments during the interview or applications process, or obvious differences in qualifications between you and the much younger candidate, contact an employment attorney who can help you review and evaluate those circumstances.

Being Laid Off Due to Age

Companies legitimately go through periods where they have to lay off employees due to business needs such as a downsizing of an organization. A lay off may also be viewed by the employer as cover for targeting you because of your age. If you believe you were wrongfully terminated due to your age, contact an employee rights attorney immediately.

Forcing an Employee to Take Early Retirement

Another common example of age discrimination is a company forcing an employee to retire early. Generally, there is no forced retirement age. However, it is legal for business owners to offer incentive packages for employees that are getting close to retirement age to leave the company.

Reducing or Denying Certain Benefits

In 1990, Congress passed the Older Workers Benefit Protection Act (OWBPA). This act requires employers to pay the same amount for each benefit provided to an older worker that is paid to a younger worker. The benefits cover such areas as:

Life Insurance
Health Insurance
Disability
Retirement Benefits
Pensions

The OWBPA does have some exceptions that can be complex. This may include a situation where the older worker receives other benefits from the government or the employer makes up the difference in coverage. An experienced employment law attorney deals with age discrimination cases and can help clients determine if they have a claim.

Being Retaliated Against Because a Claim was Filed

If you took action and filed a claim under the ADEA, employers cannot retaliate against you. Retaliation may include a forced retirement, a demotion, a reduction in benefits, or even being fired. Also, if an employer creates what is called a hostile work environment that in essence forces you to quit, this could be considered constructive discharge.

Harassment Due to Age

Unfortunately, just like sexism and racism — ageism exists. Employers and managers who single out a specific employee or certain staff members based on their age to harass or demean must be stopped and held accountable for their illegal actions. This kind of behavior not only affects morale and productivity —it is also a violation of your rights.

Were you the victim of age-based discrimination? Contact Wenzel Fenton Cabassa, P.A. today and find out where you stand with your case. Our founders are industry-respected and possess a track record of success in handling complex employment law disputes.
Contact us today for a free, confidential case evaluation. We’re the employee’s law firm— a tireless legal team fighting for your rights.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 6 Florida Employment Discrimination Laws You Need to Know
Florida employment discrimination laws cover millions of Florida workers. From hospitality to healthcare and retail to restaurants, and many industries in between, you have the right to work free from harassment and discrimination.
The Florida Civil Rights Act protects a wide range of classes. Here are 6 specific areas protected by this comprehensive anti-discrimination law.
 
Must-Know Florida Employment Discrimination laws
1. Protection Against Sex Discrimination
Workplace sex discrimination is still all too common. There are a number of ways individuals can get mistreated that are covered under Florida employment discrimination laws. This can include mistreatment:

During the job application process
With comments regarding your gender by a supervisor, coworker, or customer
For involvement in an organization that protects the interests of women
Via advertisements or posts that contain sexual stereotypes
Firing someone due to gender
Limiting raises or promotions due to gender

 
2. Protection Against Race Discrimination
Employees are also protected against race discrimination under Florida law. The same mistreatment that happens with sex discrimination can happen, and unfortunately does happen, due to racism in the workplace. Experienced employment law attorneys can do a thorough investigation of race discrimination cases.
If you feel like you have been demoted, fired, kept from a promotion or benefits, or other areas of mistreatment on the basis of your race, color, creed, or national origin, it is important to consult with a lawyer who fights for justice and equality in the workplace.

3. Protection Against Pregnancy Discrimination
Florida law also protects workers against pregnancy discrimination. Did you know that this type of workplace discrimination has reached epidemic proportions? But employers are being held for their actions by experienced employee rights attorneys every day. Here are some examples of pregnancy discrimination in the workplace:

Refusing to hire someone who has just given birth or is pregnant
Demoting or firing someone due to pregnancy
Forcing an employee to switch jobs because they become pregnant
Not providing reasonable accommodations for their job
Harassing a woman because she is pregnant

 
From name-calling to demotions and even unlawful termination, pregnancy discrimination happens across industries and should not be tolerated. Employee rights attorneys help women and their families pursue justice, get their careers back on track, and help navigate the complexities of the legal system.
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4. Protection Against Disability Discrimination
The Americans with Disabilities Act of 1990, Title I, and the Florida Civil Rights Act protect Florida workers against disability discrimination. These laws cover all aspects of employment, including interviewing, wages, raises, promotions, health insurance, and all other parts of your daily job.
If you have a disability, it is your right as an American citizen to be treated the same way as anyone else. You are also protected against retaliation if you file a claim with the Equal Employment Opportunity Commission (EEOC). They also can’t punish you, by law, if you serve as a witness in another employee’s disability discrimination case.
 
5. Protection Against Age Discrimination
Another important area covered under Florida employment discrimination laws is age discrimination. The Florida Civil Rights Act and the Age Discrimination in Employment Act (ADEA) protect people 40 years of age and older. Some examples of age discrimination include:

Making older employees take early retirement (but they can offer incentive packages)
Discriminating against older workers when reducing the size of their staff (Reduction in Force)
Discriminating in any stage of the employment process, including interviews and job postings
Retaliating against a worker if they file a claim (like a demotion, denying a promotion, or firing)

 
Have you heard of the Older Workers Benefit Protection Act (OWBPA)? It is an amendment to the ADEA that prohibits employers from reducing or denying benefits to workers due to their age. If any of these situations have happened to you, contact an employee rights attorney to fight for your rights and against age discrimination.
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6. Protection Against Religious Discrimination
You have a right to practice your religion in America, and doing so is protected by both federal and Florida law. Religious discrimination in the workplace can come in many forms. It can come from a supervisor, a coworker, a customer, or other people you come into contact with on the job. Religious discrimination should never be tolerated and is against the law.
As with other types of mistreatment and harassment, the law protects you across all areas of employment including throughout the hiring process and during the performance of your duties. You may not be prohibited to wear certain attire, hats, or headdresses that are worn due to your religious beliefs. You also have the right to take time off for your religious holidays too.
 
Potential Remedies for Employment Discrimination
When you work with an employment law attorney, there are a number of potential remedies to discrimination in the workplace. Depending on your particular case, solutions may include:

Back pay and benefits (if you were denied benefits or a promotion)
Compensatory damages for expenses due to discrimination (such as a new job search)
Compensatory damages for mental anguish, suffering, and emotional harm
Orders that require the employer to stop the discriminatory practices (preventing further harm)
Punitive damages (as punishment to the employer for particularly reckless behavior)
Orders that require an employer to take steps to prevent any further discrimination in the workplace

 
Fighting for Workplace Justice
Florida employment discrimination laws are there for your protection. If you have been subjected to any of the above types of discrimination, know that you have options to hold your employer accountable and fight for justice for you and your family.
At Wenzel Fenton Cabassa, P.A., we remain by your side throughout the process of filing and litigating an employment discrimination claim. Following your initial consultation, we take immediate action in getting to know the facts of your case.
Contact us today to set up your free, confidential case evaluation. Your employer has a lawyer, and you should have experienced and aggressive legal representation to fight for your rights.
 
Other employment discrimination articles:

3 Things You Need to Prove Your Employment Discrimination Case
3 Examples of Common Employment Discrimination that Might Surprise You
6 Examples of Workplace Discrimination
Don’t Wait Until It’s Too Late: The Statute of Limitations to File an Age Discrimination Claim
Employment Discrimination: Are You Part of a Protected Group?

 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 6 Questions to Ask an Employment Lawyer
When you are searching for the right legal representation, it can be hard to decide who to chose. There are important questions to ask an employment lawyer that will guide you in selecting the best firm for your needs.
What to Ask Before Hiring an Employment Lawyer
Here are seven critical questions to ask an employment lawyer before you sign on the dotted line:
1. What particular experience do you have that would make you the right fit for my employment matter?
Employment law firms will differ in size, and some may have a team of lawyers that have years of experience in a particular practice area such as Wrongful Termination, Unpaid Overtime, Sex Discrimination, Sexual Harassment, or other areas of employment law. That kind of support is very valuable in helping to get the best outcomes. During your consultation, ask about the depth of experience the firm has for your type of potential case.
2. What is the percentage of cases your firm handles that make up my type of employment matter?
Similar to when you are making other important decisions, such as choosing a medical specialist for a particular illness or injury, you want to pick one who has worked with a number of people like you.If you believe you were fired due to pregnancy discrimination, for example, you want to ask what percentage of their cases involves this type of employment matter.
3. What kind of results are the most likely scenarios for me and my case?
It’s critical to know the possibilities of what can happen if/when you decide to move forward with an EEOC claim or case. This is near the top of the list of questions to ask an employment lawyer. Setting these expectations in the beginning — from best to worst case scenario — will help you throughout the whole process. An employee rights lawyer can’t tell you with absolute certainty what is going to happen but can give you an idea of the different kinds of results that you may expect. These may include:

Getting reinstated to a job when you were demoted or wrongfully terminated
Receiving unpaid overtime
Compensation for lost wages and/or benefits
Holding employers accountable for their actions
Remuneration for pain and suffering due to discrimination or harassment

If the firm has delivered positive results in your type of employment matter before, they are much more likely to deliver positive results in the future. Keep this in consideration when making your decision.
4. What are my legal options?
Depending on what has happened, the attorney may recommend you take your case to trial or settle out of court. It is crucial to make sure they listen and truly understand the full scope of the issue. They are the ones with the legal understanding of the system and the laws, but you should be able to be confident and feel comfortable with that decision, whatever it is (trial or otherwise). Communication is key to understanding your legal options.
5. What are your lines of communication?
Clarity in communications is crucial to your relationship with your attorney. Ask questions about the process. Who would be the primary contact for the case or claim? What are the varying lines of communication: email, phone, etc.? Knowing how your law firm will communicate from the very beginning will make the process smoother and less stressful for you. Professional, experienced, and client-centered firms will be able to explain the lines of communication to you during the initial consult. They should also be able to talk to you about the law in a way you can understand.
6. What types of testimonials and recognitions have you received?
There is much you can learn from testimonials. If previous clients highly regard the employee rights lawyer and his/her firm, that is a good sign and a clear indication they can be trusted to handle your case. Also, if legal organizations or other respected entities also honor the lawyer and/or firm, this provides you with even more valuable information to consider when making your decision about hiring a firm for your employment law matter.
Time to Make a Decision
The answers to these 7 questions to ask an employment lawyer can give you the insight you need to make an informed decision about which attorney to hire. When Workplace Discrimination, Workplace Harassment, Unpaid Overtime, and violations of the FMLA occur, among other areas of employment law, making the right choice for an attorney has a significant impact on the outcome of your case.
If you have questions about Wenzel Fenton Cabassa, P.A., start with reading our story here. We provide free, confidential case evaluation regarding illegal workplace violations, tackling the issues that affect you and your family.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 6 Reasons Why Your Employer Denied Your COBRA Insurance Coverage
The Consolidated Omnibus Budget Reconciliation Act (COBRA) generally requires employers to allow terminated or laid-off employees to continue taking advantage of health benefits after termination at their own expense. However, there are instances when an employer might deny COBRA insurance coverage eligibility. Sometimes these reasons are legal, and sometimes not. You need to coordinate with a COBRA attorney who knows employment law if you believe you were denied coverage for an illegal or improper reason.
In the meantime, it helps to familiarize yourself with some of the more common reasons COBRA may be denied. They include:
Being Terminated for Gross Misconduct

Under COBRA, employers can legally deny coverage if an employee was fired for “gross misconduct.”
You might wonder what the legal definition of “gross misconduct” is.. The COBRA statute doesn’t actually provide a clear definition. However, another Federal agency, the Office of Personnel Management (OPM), does :

“[A] flagrant and extreme transgression of law or established rule of action for which you are separated from service and for which a judicial or administrative finding of gross misconduct has been made.”

This does not mean you are not entitled to receive a COBRA notice simply because your former employer arbitrarily decided you were terminated for gross misconduct. If you believe the reason for your termination does not qualify as gross misconduct, despite your employer characterizing it as such, you may be able to fight the decision. When establishing whether or not an employee was terminated for gross misconduct, the burden of proof is on the employer, not the employee.
Be sure to work with a COBRA attorney if you decide to fight your employer on this issue. Because the definition of gross misconduct is not entirely clear under COBRA, you need help from an attorney who understands the topic thoroughly.

Not Originally Being Enrolled in Employer’s Health Plan
COBRA insurance essentially allows terminated employees to continue receiving coverage from their employer’s health plan despite no longer working for the organization. However, employees not enrolled in their employer’s plan when fired are not eligible for COBRA coverage. This is another instance in which an employer can legally deny coverage. If you were not enrolled in their plan on the date you were terminated, there is typically little you can do to fight this.
It is also worth noting that sometimes employers stop offering health coverage to their workers. When this happens, COBRA coverage may end as well. Even if you weren’t initially denied coverage, if none of the organization’s current employees receive health benefits any longer, neither will you.
The Company Has Fewer Than 20 Employees
Employers may also deny COBRA coverage if the company has fewer than 20 employees. That said, it is essential to understand that in Florida, you may still be eligible for a continuation of your health benefits due to the Florida Health Insurance Coverage Continuation Act. Unlike COBRA, which outlines federal requirements, this state law, sometimes referred to as a “mini-COBRA” law, does apply to companies that, due to their size, are not bound by the COBRA requirement.

Thus, you may want to coordinate with a Florida employment law attorney if you suspect you have been denied coverage in which you are entitled to under state law. They will help you better understand whether you have a strong case.
The Company Goes Bankrupt
Declaring bankruptcy often gives companies the right to reject certain contracts they otherwise would have been required to honor. Meaning, a company can deny (or stop providing) COBRA insurance coverage if it goes bankrupt.

You Move Out of State
To be eligible for COBRA coverage, you need to reside in a state where your employer’s health insurer conducts business. If you move to a state where it does not, the insurer cannot provide you with coverage, even if you previously received it as an employee.
You Missed the Deadline
To qualify for federal COBRA, employees must elect to receive COBRA benefits within 60 days of the day when they were terminated. In instances where state COBRA applies, the deadline will be listed on the relevant COBRA notice.
It is important to act fast if you want to receive COBRA insurance. Your employer can legally deny continuation of coverage if you miss the deadline. That said, it is possible an employer might try to claim you missed the deadline when you, in fact, did not. Although you should not expect an employer to try this, it is a possibility. Contact an attorney if you suspect this has occurred.

That is the most important point to remember. While these examples illustrate a few reasons an employer may deny coverage, they don’t cover every single excuse an employer might use.
Knowing whether your rights have been denied when an employer refuses to provide COBRA insurance is difficult. A Florida COBRA attorney can help you better understand the issue. If it is determined that you were unfairly denied coverage, they will also help you pursue what you’re owed.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 6 Simple Rules for Determining When You Get Paid for Work Travel
Does your work require you to travel? Time spent traveling for work during normal hours is compensable, according to the Fair Labor Standards Act. But what about time traveling after work or during overnight stays?
The following guidelines can help clarify when an employee should be paid for traveling:

Time spent traveling from home to work generally is not compensable — even if it is in an employer-provided vehicle. This is considered regular home-to-work travel, which is not work time.
However, if an employee travels home at the end of the work day and then is called back to work for an emergency, he or she must be paid for that travel time.
Special work assignments can also result in paid travel. In this situation, an employee who works at one location is given a special assignment to work someplace else for the day — a warehouse two hours away for example. Extra time spent traveling to and from the special work location is compensable.
Time spent traveling during the work day as part of the employee’s responsibilities is also compensable. For example, a television reporter who must travel to interview a source on-camera should be paid for that travel time.
Employees can be paid for overnight work travel away from home, so long as it is during regular work hours. Time spent traveling after work hours is not compensable. For example, an employee regularly works from 9 a.m. to 5 p.m. and must travel one day from 9 a.m. to noon, then work from noon to 5 p.m. The next day, she works from 9 a.m. to 4 p.m. and travels back from 4 p.m. to 7 p.m. In this situation, she can only be paid for the second day’s travel until 5 p.m. The time spent traveling from 5 p.m. to 7 p.m. is considered after-hours and is not compensable.
If an employee was working before the required travel — or he was transporting necessary tools or equipment during the travel — then it may be compensable. For example, an employee who goes to a central work site to pick up tools, then drives to report to another work site, must be compensated for that travel time.

Contact us to learn more!




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 6 Ways to Respond to Discrimination in the Workplace
Some forms of discrimination in the workplace can be very subtle and not always easily detectable. It’s much less difficult to identify discrimination if it comes in the form of threats and intimidation. However, practices such as disparate forms of discipline, not providing reasonable accommodations, and glass ceilings are all forms of workplace discrimination.
Fortunately, there are comprehensive federal laws that protect employees from being discriminated against on the basis of age, color, disability, national origin, physical or mental handicaps, pregnancy, race, religion, sex, and being a whistleblower.
How to Respond to Workplace Discrimination

Keep a Journal Detailing Each Incident of Discrimination

Keep track of the instances when you were discriminated against. Jot down the date, time, location, individuals involved, witnesses, and specifics of what happened. This will come in handy if you decide to file a formal complaint with your employer, union, and/or the Equal Employment Opportunity Commission (EEOC).

Inform Your Employer That You’re Being Discriminated Against

Next, you should notify your employer that you feel as though you are being discriminated against. Chances are your employer won’t know unless you tell them. Often, victims of discrimination do not clearly express that they are being subjected to unwanted and unacceptable conduct. And although employers are responsible for meeting the standards of the law, employees need to make certain that their rights are safeguarded.

Ask Your Employer to Document and Investigate the Discrimination

Your employer needs to know that the matter deserves their full attention. Ask them to investigate and draft a written report each time you’ve been discriminated against. In addition, ask them to take disciplinary and corrective measures to ensure that the discrimination doesn’t happen again. Under federal law, employers are compelled to investigate and take appropriate, prompt remedial action in response to your reported act of discrimination.

Contact an Attorney and the EEOC

If your employer ignores your request for them to take action, you should consider contacting a discrimination attorney and the EEOC. Filing a charge of discrimination with the EEOC is a first of many steps you may take to address discrimination in the workplace. Your attorney can best assist you with drafting that charge and initiating the administrative process. Often times, the most valuable conversation you will have with your attorney is the one you have before your employer takes action against you (such as termination) or before you make a rash decision to quit your job.

Retain Any Physical Evidence That Proves Discrimination

Make sure you hold onto any objects that were given to you and print out or retain any emails, texts, social media posts and pictures, and evaluations that could prove that you were discriminated against. For example, if you find an inappropriate photo taped to your computer monitor, don’t throw it away. Although it’s highly offensive and upsetting, it’s better to have physical evidence than trying to have to describe the image to your attorney or the EEOC.

Take a Look at Your Employer’s Anti-Discrimination Policy

If you have a copy of your employee handbook, hold onto it, or if it’s available online, print it out.
If you follow each of these steps, you will likely have the evidence you need to bring your case to an experienced employee rights attorney. An attorney will be able to take an in-depth look at all of the facts of your case and provide the best counsel.
At Wenzel Fenton Cabassa, P.A., our priority is to help you understand your rights as an employee and get the justice you deserve. To find out more information on employment discrimination, including whether you have grounds for a lawsuit, download our free Guide to Understanding Employment Discrimination.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 6 Workplace Laws Your Employer Could Be Violating
No matter what industry you work in or what your job status is, you have rights. But too often, employees don’t know what these rights are, and, more importantly, they don’t recognize it when their employer violates these rights. You shouldn’t assume the employer is well-versed in labor laws or take what they say at face value without stopping to consider whether it’s against the law.
Some employers are simply oblivious and unintentionally violate employee rights. But whether intentional or not, breaking the law is breaking the law, and if your employer violates your rights, you could be losing time and money.
Florida employee rights need to be taken seriously. See if your employer is violating any of these six workplace laws.
Common workplace laws that Florida employers violate
1. Paying less than minimum wage

The national minimum wage is currently $7.25. Employees who work off of tips can make less than this as base pay, but only to a certain point. Employers can’t deduct more than $5.12 from their employees’ hourly wage, which means if you work for tips (such as wait staff) then you can’t be paid less than $2.13 per hour.
If you work in a state with a minimum wage that’s higher than the federal minimum wage, you’re entitled to the higher amount. For instance, Florida minimum wage as of January 1, 2019, is $8.46 per hour. Tipped employees in Florida must be paid at least $5.44 per hour.
2. Not paying overtime
Some employers will deliberately avoid paying overtime to employees, while others are just unaware of the labor laws related to paying overtime. Your employer doesn’t decide whether or not you get overtime pay – the government does, and by dividing types of jobs into exempt and non-exempt categories as covered by the Fair Standards Labor Act (FSLA).
Not all jobs and workplaces fall under the FSLA, however. Railroad workers, for instance, are governed by the Railway Labor Act and so they aren’t covered by the FSLA.
While there are several factors that determine whether you’re exempt or non-exempt, there are some general guidelines that can help you determine your status.

 
Exempt employees are salaried employees who make at least $455 per week and perform exempt job duties. They don’t qualify for overtime.
Non-exempt employees are hourly workers. If you make less than $455 per week, you’re automatically non-exempt. Non-exempt employees must be paid FSLA overtime (one and a half times pay) for every hour they work over 40 hours within any given work week.
Not being paid for overtime hours that you qualify for can be a significant loss of income. If you believe your Florida employee rights have been violated because you’ve been wrongfully classified as an exempt employee, contact Wenzel Fenton Cabassa, P.A. today.
3. Discrimination
It might seem like there are enough laws in place now that employers wouldn’t discriminate based on age, sex, or disability. There are still companies out there, unfortunately, who discriminate both unintentionally and with full intent.
If you believe you’ve been discriminated against because of your age, gender, disability, or because you’re pregnant, your legal employee rights may have been violated.
4. Hired as an independent contractor but treated as an employee
Independent contractors are being used by more and more industries to cut costs but still retain a valuable workforce. A worker who meets set criteria under employment laws and the IRS code technically isn’t an employee, which means the independent contractor can set his or her own hours and determine when they work for a company. The contractor has some greater flexibility but also loses valuable protections under the law extended to “employees” only.
Some companies, though, will treat an independent contractor as if they’re an employee, perhaps telling the contractor when to show up to work, how long to work for, and how to do their job. Essentially, they treat the contractor as an employee but without a higher wage, employer benefits, protections under the law, or access to company tools and resources.

If you’re working as an independent contractor but are being treated more like an employee (without the added pay and benefits), you may have a claim for a violation of your employee rights.
5. Unfair payment
First, it’s a myth that employees can’t discuss their salary with each other, and it’s certainly not against the law. In fact, sometimes this is how you can learn whether you’re being paid fairly in comparison with colleagues at your same level. There are laws in place to ensure that everyone gets equal pay based on gender, race, age, and ability.
If you believe you’re being paid unfairly, you’ll have to start with a charge with the Equal Employment Opportunity Commission (EEOC) before pursuing a lawsuit. You’ll want to consult with an employee rights attorney to make sure the process goes smoothly and is done correctly. You can file a claim with the EEOC if you believe you’ve been discriminated against or if you believe the employer has retaliated against you for opposing their practices or attempting to assert your rights.
The EEOC process can take a year or longer from the time you file a claim until you hear back from the investigator if they believe your claim warrants litigation due to unlawful discrimination or retaliation. The EEOC does not represent you. It is an investigatory agency. Legal counsel can represent you in this process and advocate for your rights.
6. Working in a hostile work environment
It’s unlikely you’ll get along with every coworker, but when your interactions in the workplace are intimidating or abusive, you need to take action. A hostile work environment is one where the employee feels threatened either physically or emotionally on the basis of a protected status. Hostility can take several forms and is often the result of discrimination.

 
Keep in mind that while you may see an act as hostile, it may not be so in a court of law. If you believe you’re working in a hostile work environment, take notes and keep records to document specific incidents. The more documentation you have, the better you’ll be able to argue that your work environment is hostile and tied to a protected status. Consult with an employee rights attorney to make sure your case is handled correctly from the start.
What are my legal rights as an employee?
The Federal Labor Law exists to ensure employees are treated fairly in the workplace. As an employee, you have the right to be treated fairly based on your age, sex, gender, and race, among other protected categories. You have the right to fair compensation, and you have the right to fair pay. If you believe any of your employee rights have been violated, consult with an employee rights attorney to see if moving forward with a lawsuit is right for you.
Can you fire someone for no reason in Florida?
Florida is an at-will state, which means an employer can fire an employee for any reason or even for no reason at all. There are some exceptions, though.

First, not every workplace qualifies for the at-will status. Some employees have contracts that guarantee job security. Usually, in Florida, these contracts specify a time period for guaranteed employment. If your employer violates the terms of the contract, they might be liable for breach of contract.
If you’re an employee who’s been fired because of discriminatory or otherwise illegal practices, then you can file a wrongful termination lawsuit.
Protect your employee rights today
If you believe that your rights as an employee have been violated in any way, talk to a lawyer who specializes in employee rights. Our employee rights attorneys at Wenzel Fenton Cabassa, P.A. can determine what rights have been violated and help you get the compensation you deserve.

 
Contact us today for a free case evaluation. You’ll want a professional involved with your case as early in the process as possible to ensure you’re getting the best outcome and your rights are protected.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 7 Steps to Dealing with Wrongful Termination
Your employer just let you go and you’re trying to wrap your head around the idea of being unemployed. You’re still not even sure why it happened. You performed well. Did what you were told. You were recognized as an asset to your team. So why are you unemployed?
You have that nagging feeling that this could be related to that other issue, the one you don’t want to believe was at the root of your termination. How could your employer fire you for that?
If there’s something that’s been bothering you about your dismissal, if you think you may have been fired because of discrimination, retaliation, a breach of public policy, requests for payment of wages owed or overtime pay, questioning your job classification, or filing a claim for workers’ compensation benefits, you may have been wrongfully terminated.
If that’s the case, here’s what you need to do.
7 Ways to Handle Wrongful Termination

Process the Job Termination Emotionally

Give yourself some time to grieve your job loss but not too much time because there are statutes of limitations when it comes to filing a claim. Take the time to process it mentally as this will allow you to progress to the next step with a clearer mind.

Gather Documentation

Gather documentation that supports your belief that you may have been wrongfully terminated. This includes copies of emails and other correspondence, names of fellow employees who may have witnessed discriminatory actions or other negative employment actions against you, and take down notes now on what you can remember.

Speak to HR

Human resources is a good next step. Since Florida is an “at-will” state, your employer didn’t necessarily need to consult with HR before terminating you. They were likely involved after the fact if not before because they need to initiate changes in benefits and notice to you of your rights under COBRA but don’t be surprised if HR was not involved in the discussions leading up to your termination.
Ask your employer why you were terminated and take notes if they won’t agree to allow you to record the conversation. In Florida, you need consent from both parties to record a conversation. Then ask to see your personnel file and take pictures, notes, or copy it, if permitted. If not, it can always be subpoenaed if it comes to that.
Making them aware of the situation and your belief the your were wrongfully terminated is the first step. You may gather some useful information before the company circles the wagons. The Equal Employment Opportunities Commission (EEOC) will begin there with an inquiry when you file a charge of wrongful termination but by then the company has had a chance to put the pieces of the story together.

Consult an Attorney

Consulting an attorney is optional in a wrongful termination case. You can file with the EEOC on your own. However, your employer will have attorneys and sometimes the process is difficult to understand. The EEOC has limited resources and while they conduct an investigation of your charges, they are not your advocate and will not be in a position to stand up for you during the investigation itself.
There are many nuances within employment law. It’s best to seek the counsel of a skilled employment attorney inform the outset. Some attorneys offer a free initial case evaluation to help you understand the process and sort through the details of your charge.

File a Charge with the EEOC

If you believe you have been the victim of discrimination or the employer has violated any of the laws administered by the EEOC (or the state equivalent agency) the next step is to file a charge with the EEOC. Once they receive your charge, they will contact your former employer and notify them of your charges. The EEOC may ask you and your employer to be part of mediation. If mediation doesn’t work, or if the charge is not seen as a good fit for mediation, the EEOC will ask for a written answer from your employer. An investigation may ensue.

Pursue the Right to Sue or the Agency Files

If the EEOC investigation is inconclusive, or if it chooses not to pursue an investigation, the EEOC will issue a Notice-of-Right-to-Sue letter. If 180 days pass with no determination by the EEOC (or state agency) you can file a lawsuit even if a Right to Sue letter has not been issued. You do not necessarily have to wait for the extended time it may take for the EEOC to reach its conclusion- this sometimes takes a year or more. You can now file a lawsuit in a court of law.
In some cases, the EEOC may decide to file a lawsuit against the employer. In this case, you will not be given a Notice-of-Right-to-Sue because the agency will be doing so on your behalf, and (potentially) on the behalf of other employees as was the case when it sued Walmart on behalf of a mentally disabled man. The EEOC takes very few cases and they are generally high profile cases or cases involving legal issues where the EEOC wants to make new law or clarify existing law. In other words, it is unlikely the EEOC will prosecute your case.

Keep Looking for Work

If your case comes before a jury or even reaches a settlement, it won’t happen overnight. Don’t create an undue financial hardship by waiting for a settlement or judgment awarding you lost wages. Continue to look for employment. It won’t hurt your case and it will often make you more impressive to a jury that they won’t think you’re waiting for a payout. You have a legal duty to try to minimize your losses by looking for work. Keep records of your job search.
Understanding wrongful termination is important but it’s a vast subject. That’s why we created a free ebook entitled Wrongful Termination: When Firing Is Illegal. View it today for help on what’s considered wrongful termination and what can be done to remedy it.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 7 Things That Go Wrong If You Don't Hire a Lawyer When You're Fired
Maybe it was something you saw coming or maybe it’s something you only thought happened to people who weren’t doing their jobs, but if you’ve been fired recently you owe it to yourself to have a firm understanding of what your rights are. Don’t ask your best friends or the barista at your favorite coffee shop. Ask someone who knows. Ask an attorney.
Here are seven things that can go wrong if you don’t:
Your Rights May Have Been Violated But You Won’t Know
It’s a good idea to hire a lawyer when you’re fired. Florida is an “at will” employment state, and your employer can terminate employment at any time. However, that doesn’t mean you’ve waived your rights. How well versed are you on employment law? You might not know all the types of discrimination and what makes a case or doesn’t, so consulting a seasoned employment attorney will help you make more sense of the issues at hand.
You Won’t Have Any Money
Most people don’t call an attorney when they’ve been fired, because they think money is tight. Yet most initial consultations are free. Your employer isn’t going to offer you money on their own but an employment attorney may see cause for them to do so. With their help you may find you are eligible for compensation.
You May Miss a Timeline
While a capital crime can be prosecuted at any time, that is not true of an employment discrimination complaint. There are strict timelines for filing on things like wrongful termination. If you don’t adhere to them, you can’t come back later and change your mind. An employment attorney can make sure all filings occur within the proper timeframe.
You Miss Something in the Severance Package
If your firing is the result of a layoff or restructuring, you may be offered a severance package. Not all deals are created equal and some severance situations are a company’s way to avoid a lawsuit. An attorney is able to tell you whether there’s the possibility for legal leverage.
You Won’t Have Footing to Negotiate
If an attorney finds something in your severance package, like a discriminatory retaliation for whistleblowing, s/he may present you with options like filing a complaint against your former employer or renegotiating the package. A request coming to your former employer on attorney letterhead is more apt to be attended to quickly.
You May Not Remember Details
It’s much easier to remember the critical details surrounding your firing, immediately after it happened than several months later. If you consult an employment attorney when you’re fired s/he can tell you whether you have cause for concern and what’s critical to establishing a case. It’s also easier getting help from others who may have witnessed the discrimination occur when you’re initially terminated than it is months later when you’ve lost contact.
Without an Attorney Your Ex-Employer Won’t Take You Seriously
Want immediate attention from your former employer? Hire an attorney. We’re harder to ignore.
Getting fired is one of the most difficult things you’ll go through in your professional life. Many people make uninformed decisions at this time because they let their emotions and growing concerns over money cloud their judgement.
If you were recently fired, contact the tenacious employment attorneys at Wenzel Fenton Cabassa, P.A. The initial case evaluation is free, and we can help you gain some sense of order by assisting you in understanding your employee rights.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 8 Most Significant Employment Law Cases of 2015 Recap
2015 Employment Law Cases that Reshaped Labor Standards and Employee Rights
The most important cases of 2015 changed the way employment law is practiced. Take a closer look at the top debates of this year to get up to date information on employee rights.
Over the past year, many employment law cases have reshaped the way regulations are interpreted and now act as guiding examples of how legal experts, attorneys, and judges interpret the law.
 
What were some of the most significant employment cases of 2015?
 

Young v. UPS

This case examined the proper interpretation of the Pregnancy Discrimination Act (PDA) of 1978, which was adopted to mend the previous definition of gender discrimination and more importantly pregnancy outlined by Title VII of the Civil Rights Act set forth in 1964.
The second clause of this act states that women affected by pregnancy must be treated, “the same for all employment-related purposes…as other persons not so affected but similar in their ability or inability to work.” The PDA does not address the need for workplace accommodations during pregnancy but instead bans sex bias discrimination for “pregnancy, childbirth or related medical conditions”, and that while pregnant, women must be treated as others who may be, “similar in their ability or inability to work.” UPS argued in an October 24th brief that the PDA doesn’t require special treatment for pregnant workers, thus accommodating these lifting restrictions during pregnancy would be outside the clause that states pregnancy must be treated the same as other workers with similar lifting restrictions that are the result of off-the-job injury or condition.
The Court explained that such discrimination may exist if the plaintiff (Ms. Young) can show, “sufficient evidence that the employer’s policies impose a significant burden on pregnant workers, and that the employer’s ‘legitimate, nondiscriminatory’ reasons are not sufficiently strong to justify the burden, but rather—when considered along with the burden imposed—give rise to an inference of intentional discrimination.” The Court sent the case back to the Court of Appeals (4th Circuit) to reevaluate the framework based on this 6-3 decision.

Dealing with Pregnancy Discrimination at Work?
Get a copy of our pregnancy discrimination guide & know your rights.
DOWNLOAD NOW
 

Department of Homeland Security v. MacLean

This case examined the protections of employees in a federal whistleblower case.
MacLean worked as an air marshal for the Transportation Security Administration (TSA) in Las Vegas. In his contract, TSA regulations prohibit the unauthorized disclosure of “sensitive security information” to include information about air marshal assignments. Despite this fact, in July 2003 MacLean disclosed an advisory and additional details about a potential hijacking scheme that was relayed to all air marshals. Shortly after the advisory was set in place, the TSA cancelled all overnight shifts for air marshals on flights from Las Vegas to save money on the cost of hotels. MacLean believed this cancellation was illegal and dangerous, so he contacted the media and disclosed the cancelled overnight shifts and hijacking advisory.
MacLean was then terminated from employment, but he challenged his termination under federal whistleblower protection laws. The Court found that the TSA regulation does not qualify for a basis of exception, and MacLean’s disclosure was protected in a 7-2 decision.

Were you retaliated against at work?
Our retaliation guide will help you learn your rights & how to fight back.
GET THE GUIDE
 

Perez v. Mortgage Bankers Association

This case addressed the legal restrictions and qualifications regarding overtime exemption for employees who are mortgage brokers under the Fair Labor Standards Act (FLSA).
The question is whether the title of “mortgage broker” can be considered an “administrative” role, thus exempt from overtime pay. The Department of Labor (DOL) issued letters both in 1999 and 2001 stating that mortgage brokers do not qualify for this category of overtime exemption. After the DOL set new regulations in 2004, the Mortgage Brokers Association (MBA) requested the former interpretation be reviewed. The DOL stated in the new opinion that mortgage brokers do qualify for exemption but yet again reversed this decision in 2010 with a letter stating mortgage brokers do not qualify for exemption.
Because there was no opportunity for comment or “notice-and-comment” procedures were not properly taken upon publication of the letters, these DOL statements were considered “interpretive” rules in contrast to “legislative” rules. The Court held in a 9-0 decision that an agency is not required to use “notice-and-comment” procedures to issue an interpretive rule, as the Administrative Procedures Act (APA) clearly states that the proposal and amendment of interpretive rules is exempt from “notice-and-comment” restrictions.

Questions about Overtime, Minimum Wage & Unpaid Wages?
Get the answers you’re looking for with our FLSA guide.
GET YOUR COPY
 

M&G Polymers USA, LLC v. Tackett

This case examined the true interpretation of a collective-bargaining agreement that pertained to retirees’ healthcare benefits for surviving spouses and dependents.
The former employees, now retired, argued that this provision granted them a vested right to lifetime contribution-free health care benefits despite the fact that the contract itself expired in 2000. The company argued against the vested right stating retirees must contribute to the cost of the benefit. The Court explained that there is no current presumption in favor of the vesting of retiree benefits.
The Court held in a 9-0 ruling that, “[w]hen a contract is silent as to the duration of retiree benefits, a court may not infer that the parties intended benefits to vest for life,” and, “retiree health care benefits are not a form of deferred compensation.” The case was sent back to the Court of Appeals (6th Circuit) for interpretation of the contract with the new standard set forth.
 

EEOC v. Abercrombie & Fitch Stores, Inc.

This case addressed the issue of whether or not Title VII of the Civil Rights Act addressing religious discrimination in the workplace requires that the employer be informed of the employee/employment candidate’s need for religious accommodation.
Samantha Elauf applied for a position at Abercrombie & Fitch. Elauf is a practicing Muslim and wore a headscarf to her interview. She did not indicate that she would need religious accommodation and the assistant manager deemed her “qualified for hire”. The assistant manager was concerned about the “Look Policy” set forth by the company and consulted her supervisors on the issue of whether or not the headscarf was used for religious purposes. The “Look Policy” prohibits employees from wearing caps. The district manager stated that her headscarf would violate the “Look Policy” and told the assistant manager not to hire Elauf.
The Court determined that even though Elauf had not requested accommodation, Abercrombie & Fitch were still liable for religious discrimination if the presumed need for accommodation was the motivation behind the decision not to hire. The Court held 9-0 that this prohibition applies if the applicant can show that the need for accommodation was a motivating factor in the decision not to hire, even if the employer had no knowledge of the need, as Title VII does not impose a knowledge requirement. The Court also stated, “An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions.”

Were you the victim of employment discrimination?
Know your rights & get the help you need with our guide.
DOWNLOAD THE GUIDE
 

Mach Mining v. EEOC

This case examined the proper procedure for conciliation for a proposed case of gender discrimination as practiced by the Equal Employment Opportunity Commission (EEOC). The question asked was whether the Court can review the EEOC’s conciliation efforts.
An applicant for a position at Mach Mining filed a complaint with the EEOC that claimed she was not hired because of her gender. The EEOC investigated and found reasonable cause to believe that Mach Mining had engaged in unlawful discrimination, and as such, the requirements of the EEOC were to “endeavor to eliminate [the] alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion” by Title VII of the Civil Rights Act of 1964 (Title VII). In addition, the EEOC is ultimately given authority over the decision of whether or not to enter into a settlement or proceed with a lawsuit.
A letter was sent to Mach Mining requesting for the company to participate in informal methods of resolutions and also stated, they would be contacted to begin the conciliation process. The EEOC filed a lawsuit after sending a second letter a year later stating the efforts at conciliation were unsuccessful, and “any further efforts would be futile.” The claim by Mach Machining is that the EEOC had failed to conciliate in good faith, thus could not proceed with the lawsuit.
A prerequisite for a lawsuit involving the EEOC is a statute that requires this organization to engage in the conciliation process. This statute outlines that the EEOC, “must tell the employer about the claim – essentially, what practice has harmed which person or class – and must provide the employer with an opportunity to discuss the matter in an effort to achieve voluntary compliance.” Title VII’s requirements state that the EEOC, “afford the employer a chance to discuss and rectify a specified discriminatory practice – but goes no further,” and that, “judicial review is . . . to verify the EEOC’s say-so – that is, to determine that the EEOC actually, and not just purportedly, tried to conciliate a discrimination charge,” not to determine whether the EEOC acted in “good faith” but to meet the minimum requirements of the statute.
The Court held at 9-0 that courts may review whether the EEOC satisfied the statutory obligation of conciliation before filing a lawsuit. This case was sent back to the Court of Appeals (7th Circuit) to determine if the EEOC had met the minimum requirements of the statute.

Are you experiencing sex discrimination & harassment at work?
Our guide will help you determine if you have a case.
GET YOUR COPY
 

NLRB “Joint Employer” Classification Litigation

The National Labor Relations Bureau reviewed the definition of joint employer as the result of litigation and strikes attached to franchised businesses.
Around 40,000 franchise businesses, with more than 75,000 locations, are at risk for failure due to higher labor costs under the new joint employer definition. A study estimates the equity value of franchise businesses will drop greatly by one-third to one-half the current figures. The changes are aimed at addressing the issue of McDonald’s USA LLC and McDonald’s franchisees as joint employers. A future date has been set to examine other claims by the general counsel’s office that the proposed companies deemed as “joint employers” violated the rights of workers across the United States by taking action against workers who participated or engaged in nationwide fast-food worker protests for the purpose of bettering employment conditions and wages.
A decision by the NLRB in August relayed at 3-2 that companies are joint employers of workers if both share control over the workers’ terms and conditions of employment. This new interpretation of “joint employees” will be reviewed on January to determine whether the definition will affect these franchised businesses.
 

Obergefell v. Hodges

This landmark case addressed whether the refusal by a state to allow same-sex couples to marry and/or recognize same-sex marriages lawfully performed in another state violates the Fourteenth Amendment of the U. S. Constitution.
In this case, the Court recognized that states use marriage as the basis for government endowed rights, benefits, and responsibilities. Because of this, the court ruled that “[t]he limitation of marriage to opposite-sex couples may long have seemed natural and just,” however, “its inconsistency with the central meaning of the fundamental right to marry is now manifest. . . If rights were defined by who exercised them in the past, then received practices could serve as their own continued justification and new groups could not invoke rights once denied.” In addition, the Court found that prohibiting same-sex marriage violated the Equal Protection Clause of the Fourteenth Amendment of the U. S. Constitution stating that the marriage laws in question “are in essence unequal.”
The Court ruled 5-4 that such refusal does violate the Fourteenth Amendment, thus securing further legal protections and interpretations regarding same-sex marriage and equal rights for same-sex spouses in the workplace set by labor standards such as FMLA benefits.
Understanding the meaning of the law is the most important part of just practice. The times change, and so have labor laws and employment law standards.
Contact an Employment Law Attorney in Florida
Has your employer violated your rights as an employee? Sometimes the definition of just treatment in the workplace is unclear. Get in touch with an expert employment law attorney at Wenzel Fenton Cabassa, P. A., for more information regarding your case.
 
SOURCES:
Employment and Labor Cases to Watch 2015
Recent U. S. Supreme Court Employment Law Cases




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 8 Signs You're in a Toxic Work Environment
You may experience a “bumps in the road” at work. Bad weeks happen. But if you are in a toxic work environment, it is relentlessly stressful and can make a huge impact on your professional and home life.
What is a toxic work environment? Multiple signs serve as a “caution light” if you can recognize them.
Are You In A Toxic Work Environment? 
1. High Turnover at Your Workplace
Turnover is one of the biggest telltale signs of a toxic workplace. If your company is constantly having people quit and needing to rehire and onboard new employees, there is an issue larger than one person, or a “bump in the road” driving this pattern. It is more than you personally having major difficulty at work. 
2. Poor and/or Unhealthy Communication
Communication is essential in the workplace. Employees need to have clarity on the parameters of projects, their roles, and their employers’ expectations to do their jobs well and thrive. When managers and even colleagues do notcommunicate well, or there is different messaging to team members, the workflow is difficult and stressful.
Some managers will engage in passive-aggressive communication patterns that can leave you constantly on edge. They may be terrible listeners or primarily provide negative feedback, attempting to hold you accountable for goals that were not appropriately communicated to you, which can promote a toxic work environment that is untenable.
3. Sick Employees
Do people at your workplace frequently call in sick? High levels of stress can do a lot of harm to our physical and mental health. It can contribute to poor sleeping patterns, fatigue, and anxiety and lead to burnout. A toxic work environment can wreck our bodies and make it difficult to perform well. Even worse, people may often feel like they have to come into work when they are sick, risking their team members’ health as well.
4. No Work/Life Balance
Whether you go into the office or work from home, you have a right to a work/life balance. In a toxic work environment, it is not uncommon for managers to make it difficult for employees to take any leave – bullying or making them feel guilty for taking their rightful paid leave to make a doctor’s appointment, go to their child’s ball game, or just take a personal day to rest.
They may expect you to be available 24/7, “In case something important comes up.” They may require you to attend meetings or make lead generation calls outside of your normal working hours. If this sounds familiar, you could have a toxic work environment.
5. Growth Suppression
Healthy workplaces typically have good mobility. You work hard and perform well – you have the opportunity to move up the ranks. You may be in a toxic work environment if growth is not supported or continually suppressed. There is no mentorship or coaching that supports your professional growth and serves as a contributor to overall organizational strength.
6. Consistent Infighting
Does your workplace feel like high school? Are cliques prevalent and rumors rampant? It is not uncommon for coworkers to be competitive with one another, which can encourage high performance. But when the work culture is defined by people gossiping, spreading rumors, and consistently infighting, this could be a sign of a toxic or hostile work environment.
Does your boss encourage this type of behavior between teams? Some managers intentionally pit people against each other, encouraging infighting and malicious behavior in an unhealthy attempt to drive sales goals.
7. Leaders That Feel They Are Above the Rules
One of the most difficult things to experience in a toxic work environment is dealing with leaders that feel they are above the rules. They always think they are right. They expect you to agree with everything they say. They are narcissistic.
These leaders are often bullies and can create a toxic work environment, behaving in ways that can violate employment laws against harassment and discrimination. Their behaviors usually intensify over time if they are not held accountable.
Have you been repeatedly bullied and berated at work by a leader who feels they are above the rules? No one deserves this.
8. Unmotivated & Unenthusiastic Coworkers
Observe how other people act in your workplace or virtual work environment. Do your colleagues seem stressed, unfocused, and unhappy? Do they ever smile on your Zoom calls? They may be feeling similar feelings as you do but are just not saying it.
You may notice a lack of enthusiasm about projects, with people trying to pass off work, wanting to take excessive breaks, or scrambling and barely meeting deadlines because they just were not motivated to get the project completed, a prime example of an unhealthy workplace.
How to Deal with a Toxic Work Environment
Most people do not have the luxury to immediately quit a job when they have a toxic work environment. But there are things that employees can do to control the situation — and create a path for a better future.
Communicate with your coworkers. — If you feel you are in an unhealthy situation, there are most likely others. Reach out, make friends, and communicate in safe spaces about your concerns. There could very well be an institutional problem that needs to be dealt with. It will also give you much-needed support.
Document. Document. Document. — Keep track of what is happening at work. Save emails, memos, reviews. Make notes of meetings, who attended, and any conversations you felt may have been inappropriate, offensive, or filled with bullying language. This type of documentation is extremely valuable if you (or a group of people) file a lawsuit against your employer.
Seek out strategies to relieve stress. — Try varying ways to blow off steam after tough days at work. From playing silly games with your kids to working out to meditation in a quiet room, you need to allow yourself some time to relieve stress while you are figuring out what comes next.
Make a plan. — Consider what is right for your situation. If the situation has become untenable, begin your new job search. If you feel that your employer violated your and/or your coworkers’ employee rights, contact an employment law attorney. Taking action will help relieve current stress and give you the peace of mind that you will not have to deal with a toxic work environment much longer.
Taking a “bridge” job for financial reasons to get out of an intolerable situation, including bullying or harassment, might be a good option for you as well. No one deserves to stay in a toxic or hostile environment, taking the punishment day after day. You should not have to continue to work in a constantly unhealthy environment due to fear of losing your job. Consider your options carefully, and then take the next step to a better future.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 8 Things You Need to Know About the EEOC's New Discrimination Guidance
The United States Equal Employment Opportunity Commission (EEOC) has updated a 14-year-old section in its discrimination guidance. Guidance relative to protections on the basis of  “nation of origin” were significantly revised and some of the provisions within this protected class may affect you and the conduct of your employer.
Here’s what you need to know:

Nation of Origin Is Now “a National Strategic Priority”
In the release of this guidance the EEOC said, “The EEOC has identified immigrant, migrant, and other vulnerable populations as a national strategic priority.” This means we can expect the EEOC to be particularly sensitive to discrimination on the basis of nation of origin, birth, or immigration.

Negative Actions Based on Perceived Nation of Origin Is Also Discriminatory
An employee or job candidate who is discriminated against because the employer or potential employer believes they are from a particular nation receives the same protection as someone who has been discriminated against because of their actual  nation of origin.
For instance, if an employer assumes someone with an olive complexion is from the Middle East and refuses to hire them because of that, that is still discrimination even if their area of origin was not the Middle East.

Targeting Is Illegal
It is illegal for an employer to recruit in racially homogeneous ways, such as on a particular website dedicated to a white demographic. These actions could be discriminatory if they were taken to exclude a particular race or nation of origin.

Segregation Is Discrimination
It is illegal to keep employees of a particular ethnicity or nation of origin in an area of the business because of their outward appearance that identifies them as a particular ethnicity or from a particular nation.
For instance, it is considered discriminatory to place one ethnicity in front of the customers and keep another ethnicity in the back away from customer interaction.

English Fluency Requirements Are Not Discriminatory
Requiring employees to be fluent in English is not considered discriminatory if there is a job-related requirement for fluency. For example, it is appropriate to require that employees be able to communicate with customers. If, on the other hand, the job does not require English to be spoken the employer may not discriminate against an employee for that reason.

Immigration Status Has no Correlation to Discrimination Protection
All employees and potential employees are protected under Title VII regardless of their immigration status.

American Companies Operating Overseas Are Also Liable
American companies with offices in foreign countries must also adhere to the new discrimination guidance unless doing so violates a law within the country of operation.

It Is Illegal to Discriminate Against an Employee or a Job Candidate Even at the Customer’s Request
If a business has a customer who makes a request to only deal with a particular race or ethnicity or to avoid and refuse to deal with a particular race or ethnicity, honoring that customer’s request exposes the employer to liability for employment discrimination. The company is not off the hook in these types of situations just because the request originated from a third party.

If you believe you’ve been discriminated against because of your nation of origin or perceived nation of origin, contact us today at Wenzel Fenton Cabassa, P.A.. We can discuss your rights with you. The initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 8 Things Your Boss Can’t Legally Do
As a general rule, you have to listen to your boss. You may disagree with business decisions or management directives, but you have limited options unless they are unlawful or impinge on protected employee rights. But there are things your boss can’t legally do — they are not above the law. Workers across Florida and the U.S. should know that they have many employee rights and should be aware of the things that could be happening at work that violate the law.
Workplace rights encompass a wide range of actions. It is important to know that employment laws do not apply to every employee and employer, but they cover millions of workers across varying industries.
WORKPLACE LAWS YOUR EMPLOYER MAY BE VIOLATING

Refuse or Neglect to Pay You Overtime

You deserve to get paid appropriately for the number of hours you work every week. If you qualify for overtime pay, your paycheck should reflect that. But it is not uncommon for managers or bosses to refuse or neglect to pay you overtime. The Fair Labor and Standards Act (FLSA) and state laws provide for minimum wage and overtime pay and cover more than 130 million workers. These laws state that employers must provide their employees with “premium pay” when they work more than 40 hours in one week. Check your time records and your pay stubs.

“Paper” Your Employee File

Sometimes, when a manager is a bully or decides they just do not like you, they may start “papering” your employee file. That manager may be violating your employee rights. “Papering” is when a person in authority will write a lot of unwarranted negative reviews or extensive documentation when you do anything slightly different from your colleagues to stuff your file — often to justify firing you.
If a bullying boss has unduly targeted you, you may have a case and should consult with an employment law attorney.

Not Give You a Promotion Because You are Are a Member of a Protected Class

Just as one example, Sex discrimination is prohibited by law. Title VII of the Civil Rights Act of 1964 is the legislation that protects workers from being treated differently just because of their biological sex. Our state also has workplace rights legislation protecting employees from sex and gender discrimination, known as the Florida Civil Rights Act (FCRA). An employment and labor law attorney understands the complexity of sex discrimination and can consult with you to determine your best legal options moving forward.

Create a Hostile Work Environment

A lot of people have had bad bosses. But it crosses a legal line when the work environment becomes hostile. A hostile work environment is defined as one where an individual (or group of individuals) is subject to unwanted sexual advances, discrimination, offensive comments, bullying based on protected status or activity, or other similar actions that create an intimidating and oppressive atmosphere. Additionally, a worker(s) may become fearful and intensely anxious to come into work because of those actions. Under some circumstances, bullying may rise to such a level that an unsafe workplace is created, triggering protection under the Occupational Safety & Health Act (OSHA).
A hostile work environment can be caused by a boss, direct supervisor, vendor or contractor, co-worker, or even a customer. Employee rights laws protecting people from a hostile work environment are specific. Not every hostile act is unlawful. The employee must be part of a protected category or engage in protected activity, such as:

Sex, Gender, Race, or Age
Religious Affiliation
Disability
Pregnancy
Whistleblowing
Sexual Harassment
Retaliation for filing a Workers’ Compensation Claim

Classify You as a Contractor When You Are an Employee

Bosses will try a lot of different things to save the company money. Another one of the things your boss can’t legally do is misclassify your status. Sometimes, they will classify you as a contractor when you are an employee, so they do not have to pay employment taxes for you — and avoid adhering to most employment laws. But how do you know what kind of worker you are? If your boss controls the manner, time, and place of your work, says you cannot work for anyone else, pays you vacation time, and does evaluations — you are probably an employee.
If you believe you may have been misclassified, consult with an employment law attorney. You may have a case.

Firing You Because You Reported Illegal Behavior or Unsafe Working Conditions

If you see something illegal or unsafe and report it – then subsequently get fired – your boss could be in deep legal trouble. Whistleblowers are important to keep employers operating legally and safeguard the well-being of themselves, fellow employees, and even the public. They are protected under multiple laws, including the Occupational Safety & Health Act (OSH Act), Sarbanes-Oxley Act (SOX), the Food Safety Modernization Act (FSMA), and the Consumer Product Safety Improvement Act (CPSC). Florida has adopted strong whistleblower protection acts covering both private and public employers.
Firing is not the only retaliation that whistleblowers can be subject to at the workplace. They may also have been the subject of bullying and harassment, pay reduction, passed up for a promotion, or even forced to quit.

Pay You Less Than Minimum Wage

Employers must pay a minimum wage to employees or face legal action. As of September 2021, the minimum wage in Florida is $10.00, which is higher than the federal government’s $7.25 minimum wage. If you are a tipped employee, you must be paid a direct wage of at least $6.98, which, in combination with the $3.02 tip credit, would be on par with the $10.00 Florida minimum wage.

Require You to Work Off the Clock 

Certain companies will do unlawful things not to pay overtime and increase their bottom line, including making employees work off the clock. Have you been asked to do training when you are not on the schedule? Has your boss told you to organize and clean your work area after you have punched out? These tasks, as well as others including research, paperwork, or being made to wait in the break room until a new assignment/task begins, all while not being paid, violate employment law.
CONTACT AN EMPLOYMENT & LABOR LAW ATTORNEY IN FLORIDA
If you have been subject to one of these eight things your boss can’t do, Wenzel Fenton Cabassa, P.A., is here for you. We have expert, experienced employment and labor law attorneys who fight hard for employee rights. They help with these types of employment law violations and much more. Contact us today for a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 9 Reasons to Hire an Employment Attorney to Recover Your Overtime Pay
Under federal law, your employer is required to pay you for all hours worked, including a premium for work performed over 40 hours per week, unless you fall into a narrow category of employees “exempt” from the overtime rules. If you worked overtime and were not compensated properly for the work you performed over 40 hours in a workweek, you may be able to collect liquidated damages and attorney’s fees, in addition to the overtime pay, your employer owes you. An experienced employment attorney can be invaluable in helping you to decide whether you want to pursue an overtime pay lawsuit against your employer.
Benefits of Hiring an Employment Attorney to Recover Unpaid Overtime

An Employment Attorney Can Determine Whether Your Employer Broke the Law

Florida law tracks the federal wage and hour law very closely in most aspects, although there are differences which may afford you additional rights under state law. This article focuses on the federal law, but don’t forget to ask your employment lawyer about the state law provisions that may apply to enhance your claims. The federal law governing minimum wage and overtime pay is known as the Fair Labor Standards Act (FLSA). The FLSA provides that, unless you are an exempt employee, you must receive overtime pay when you work more than 40 hours in a given workweek. If you worked more than 40 hours and were not paid time and a half (1.5 times your regular rate of pay), you are entitled to overtime pay.
An attorney will be able to find out whether your employer made you work off the clock or attempted to classify you as exempt.

An Employment Attorney Will Look for Ways Your Employer Broke the Law

An experienced employment attorney has seen it all in terms of illegal tactics used by employers to deny employees’ overtime pay. Some of the more common ways employers break the rules regarding overtime pay include:

Docking hours
Not keeping accurate time records
Improperly classifying employees as exempt so that they can’t receive overtime pay
Improperly classifying employees as contractors so that they can’t receive overtime pay
Making employees work off the clock once they’ve reached the 40-hour threshold
Not paying employees for the time they spend in meetings and on-the-job training
Not including bonus pay when figuring out employees’ regular rate
Denying nonexempt employees overtime pay because they are paid a salary, rather than an hourly wage

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An Employment Attorney Has Expert Knowledge and Experience

An experienced employment attorney can rely on his or her expertise and experience to provide you with useful counsel. He or she has spent years acquiring legal knowledge and will know best how to handle your case. He or she can take care of all the paperwork, court documents, and deadlines that will come with your case.
 

An Employment Attorney Can Help You Consider Your Options

An employment attorney can be indispensable in helping you decide whether you want to pursue a lawsuit against your employer. It’s a good idea to speak with an attorney as soon as you discover you are not being paid properly. You will want guidance as to how and when to raise your complaints with your employer and what evidence you may need to obtain to support your claims. You want to make sure that you keep a record of all of your time worked and your employer’s actions Including their reaction to your complaints regarding unpaid wages.
Yes, your employer may have simply made a mistake, but even if they didn’t, they might want to avoid a lawsuit. Regardless, an attorney can steer you in the right direction.

If you are not satisfied with your employer’s response to your formal complaint, an attorney can then help you consider a couple of options, depending on whether you want to attempt to recover liquidated damages, which compensate you for the delay in receiving wages from your employer. These damages, which are essentially in lieu of interest, are typically equal to the amount you are owed by your employer.
In addition to pursuing a lawsuit in federal or state court, you can file an administrative wage claim with the DOL. However, even though the DOL will investigate your claim, they do not prosecute every case.
If you are going to pursue a lawsuit that includes liquidated damages, your attorney can help you draft the required letter to your employer, which includes the request for unpaid overtime wages, the dates and hours you worked overtime, and the total amount your employer owes you.
 

An Employment Attorney Can Determine When You Need to File Your Claim

There are time limits for filing unpaid overtime wages claim. You are required to file your claim within two years of the date of the violation or when you learned of the violation. However, in cases in which your employer willfully violated overtime laws, you have three years. An employment attorney can help determine whether your employer willfully withheld overtime wages from you.
If you want to file a lawsuit under the Florida Minimum Wage Statute (F.S. § 448.110) so that you can collect liquidated damages, you have to do so within four years of when the violation occurred or five years if the violation was willful. And as you would under the FLSA, you have to notify your employer in writing.
 
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An Employment Attorney Can Give You a Sense of How Long Your Case May Take

An experienced employment attorney will have a good idea of how long it will take to bring a lawsuit against your employer. They will also have a sense of whether your case can be settled out of court, which could significantly truncate the timeline.
 

An Employment Attorney Can Help You Decide If You Want to Pursue a Private or a Class Action Lawsuit

If one employee is being denied the overtime pay he or she has earned, chances are there are other employees who have suffered the same fate. There are instances in which it may not be worth it for a single employee to bring a suit against his or her employer, but when hundreds of employees take part in a class action suit, they may be able to secure a better result.
 

An Employment Attorney Can Figure Out Whether You Were Wrongfully Terminated or Retaliated Against

An employment attorney can provide insight into whether you were terminated or retaliated against for complaining about unpaid wages or pursuing a lawsuit against your employer. If you were, you are protected under the FLSA and Florida law. In addition to covering formal and informal complaints, you are also protected if you testify about wage violations during legal proceedings.
Regardless of whether your wage claim is ultimately successful, you are still protected from such retaliatory actions as being demoted or fired, changing your job title, curtailing your responsibilities, assigning you to undesirable tasks or shifts, or acting in a manner that impedes your attempt to find employment. If any of the above applies, an employment attorney will be able to help you pursue a retaliation claim.
 

An Employment Attorney Can Help You Get the Results You Want

All employees should be aware of their wage and compensation rights. An experienced employment attorney can help determine if you weren’t fairly compensated for the overtime work you performed and then help you secure the wages you are owed, along with possibly recovering liquidated damages and attorney’s fees.
 
Does Your Employer Owe You Unpaid Overtime Wages?
At Wenzel Fenton Cabassa, P.A., we can help you determine the best course of action for recovering them, whether it’s filing an FLSA unpaid overtime claim or pursuing a lawsuit against your employer. Contact us today; the initial case evaluation is free.
For your convenience, we have locations in Tampa, St. Petersburg, Sarasota, Miami, Orlando, Jacksonville, and West Palm Beach.
 
Other unpaid wages and unpaid overtime pay articles:
How to File and Unpaid Wages Claim in Florida and Recover Your Back Pay
My Employer Is Not Paying Me Overtime. Do I Sue?
Overtime Pay Calculations
Understanding Overtime, Minimum Wage, and Unpaid Wages

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### A Guide to Florida Minimum Wage
(Content updated 11/2023)
Employees across the State of Florida deserve fair pay — and many employers are bound by law to pay at least the Florida minimum wage to their workers.
It is widely known that the U.S. has a federal minimum wage standard, which has been stagnant at $7.25 per hour since 2009. But each state has the right to set its own. The Florida minimum wage is higher than the federal rate. In November 2020, Florida voters approved yearly increases to Florida minimum wage through 2026. Incremental increases of $1.00 per year are made each year until the minimum wage reaches $15.00 per hour in 2026.
Employees need to keep up to date with the latest information and changes regarding the Florida minimum wage to ensure they are getting paid what they are lawfully owed.
What Is Minimum Wage in Florida?
The minimum wage in Florida is guaranteed by law to employees across many industries. But not all employees are covered. Those who work for businesses that make less than $500,000 gross revenue per year typically do not have to pay minimum wage. Full-time students may be subject to a 15% decrease if their employer files for a waiver with the Department of Labor.
However, under state and federal law, the FLSA (Fair Labor Standards Act), workers may be covered “individually” to receive a guaranteed minimum wage. As per our experience here at Wenzel Fenton Cabassa, P.A., and due to the liberal interpretation of the law, most employees are subject to the individual coverage provision of the state law and FLSA.
Prior to September 2023, the Florida minimum wage was $11 per hour. So, what is the current Florida minimum wage?
Florida Minimum Wage 2021 Increases
As of September 2023, the Florida minimum wage is $12.00 per hour. The increase in the minimum wage in 2023 is meant to offset the increase in the standard of living expenses and help employees and their families.
Unfortunately, not all employers abide by the law. Employers should be held accountable, whether they do it unknowingly – or knowingly – to save the cost of running their business. If they do not adhere to guidelines set out by the state for the rate of minimum wage in 2023, a case may be filed for minimum wage violations for employees to get what they are rightly owed.
If your employer has only been paying you the federal minimum wage of $7.25 per hour and you have been at the job for a considerable amount of time, you could be eligible for a very significant amount of money. Of course, it depends on the hours you have worked under the guaranteed Florida minimum wage.
The increases in 2023 are great for employees – and more good news is to come. Keep an eye on your paycheck in the coming years. More increases are on their way due to voters’ approval of the amendment to the Florida Constitution in 2020.
These increases will continue through 2026, raising the minimum wage by $1 per hour each year up to $15 per hour on September 30, 2026.
The Florida minimum wage 2023 increases also affect tipped employees.
For Tipped Employees
Servers and other tipped employers have also benefited from the increase, which is equal to the amount of the raise for hourly employees, adding $1 per hour to their wages. Tipped employees should now be receiving a minimum of $8.98 per hour (plus tips).
Many workers across the State of Florida employed in restaurants/hospitality are tipped employees. If you or someone you know receives tips as part of your wages, make sure to check your paycheck to see if the hourly wage has increased to $8.98 per hour.
For Hourly and Salaried Employees
The $12.00 per hour minimum wage rate, as of September 2023, covers hourly and salaried employees. Some companies place employees on a straight salary, even if the individual is not a manager, in a specialized field, or has other authority. If you are not receiving wages (hourly or salary) at $12.00 per hour and are not a tipped employee, contact an employment attorney to determine if you have a case.
Minimum Wage Disputes
Employers can often be difficult. They may either say they do not have enough money in the payroll to pay Florida minimum wage or even tell you that you either do not deserve $12.00 per hour or that you must “work your way up to it.” Sometimes, they will even harass or bully you, threatening your job or even outright firing you if you request to be paid your rightful wage.
Know that you have employee rights – including the right to file a case against your employer to receive what you are owed with the increases in 2023 to Florida minimum wage as detailed in an amendment to the Florida Constitution.
When to Contact An Attorney
If you are not making $12.00 per hour (or $8.98 per hour for tipped employees) or have been denied a request for that rate for Florida minimum wage, contact an attorney to discuss your legal options.
Wenzel Fenton Cabassa, P.A. is dedicated to fighting for the rights of Florida employees, including the right to a minimum wage. We have the experience, skills, and abilities to stand up to powerful employers and understand what it takes to hold them accountable under the Fair Labor Standards Act.
With food, consumer products, and various living expenses rising, it is especially crucial for employees to receive the wages they are entitled to under the law. We help employees fight for Florida minimum wage and other types of wage disputes, including unpaid overtime, back wages, unpaid commissions, bonuses, and tips, as well as earned vacation time and unpaid final checks. You may also be entitled to liquidated damages, fees, and costs.
Do not let cost be a concern in contacting us. If you have a case, we do not get paid unless you win.
Contact us today to schedule a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### A History of Sexual Harassment Laws in the United States
(Updated June 2023)
Sexual harassment in the workplace is not a recent issue, but for centuries there was no legal recourse for victims. Thankfully, employees are becoming more empowered to speak out and take action against their harassers.
In the United States, the groundwork for establishing federal sexual harassment laws and eventually making sexual harassment illegal in the workplace was established by the Civil Rights Act of 1964, which was passed by Congress and signed into law by President Lyndon B. Johnson.
The Act made it illegal to discriminate on the basis of race, color, religion, sex, or national origin. Although sexual harassment is a form of sex discrimination, it took many years for U.S. courts and legislation to define it and create laws that would protect workers. In fact, the first sexual harassment cases were not brought until the mid-1970s, and the U.S. Supreme Court did not hear a sexual harassment case until a decade later.
But once cases reached the point where decisions were being issued and the issues were identified in the public eye, the wheels were set in motion for establishing the foundation for how sexual harassment in the workplace is currently interpreted. Today, the U.S. Equal Employment Opportunity Commission (EEOC), which enforces federal discrimination laws, defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.”
With that said, here is a timeline of some of the most significant events and laws that helped define what is today classified as sexual harassment in the workplace.

Sexual Harassment Laws in the U.S.
1964:
Title VII of the Civil Rights Act of 1964 is enacted. It establishes the legal foundation for preventing sexual harassment; however, at the time, sexual harassment was not included in the legislation. Although both men and women are covered under Title VII, it was originally intended to protect women in the workplace.
1969:
The Florida Commission on Human Relations is established to enforce the Florida Civil Rights Act (FCRA), which was modeled after Title VII of the federal Civil Rights Act of 1964.
1972:
Title IX of the Education Amendments of 1972 is passed by Congress and signed into law by President Richard M. Nixon. The law prohibits sex discrimination in federally funded schools and broadens the reach of sexual harassment laws.
1974:
Barnes v. Train, which is commonly thought to be the first sexual harassment (though the term was never used) case in the United States, is tried in the U.S. District Court for the District of Columbia. Barnes, who at the time worked for the EPA’s Equal Opportunities Division, claimed that her job was eliminated because she rejected her supervisor’s sexual advances. The Court rules that there was no discrimination on the basis that the supervisor found Barnes attractive and felt rejected that she would not have sex with him.
1976:
In Williams v. Saxbe, Williams, a public information specialist at the U.S. Department of Justice, had refused a sexual advance made by her supervisor in 1972 and then was repeatedly harassed and humiliated. She was ultimately terminated later that year. The U.S. District Court for the District of Columbia ruled in favor of Williams and first recognized quid pro quo sexual harassment as a type of gender-based or sexual discrimination.
1977:
In Barnes v. Costle, the 1974 case is reversed by the U.S. Court of Appeals (DC Circuit). It determines that Barnes was indeed retaliated against by her supervisor and that he sexually harassed her, which violates Title VII of the Civil Rights Act of 1964. Barnes is awarded $18,000 to cover back pay and lost promotions.
 

1978:
The Pregnancy Discrimination Act (PDA) amends Title VII of the Civil Rights Act of 1964 by prohibiting sex discrimination on the “basis of pregnancy, childbirth, or related medical conditions.”
1980:
The EEOC officially establishes guidelines for sexual harassment in the workplace and defines it as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” It also states that sexual harassment is a type of sex discrimination that is prohibited by the Civil Rights Act of 1964.
1986:
The U.S. Supreme Court addresses sexual harassment for the first time in Meritor Savings Bank v. Vinson. This is a landmark case because the Court determines “that severe or pervasive” sexual harassment of an employee by their supervisor violates federal law. In addition, the Court rules that if the employer knew of the sexual harassment, it’s their responsibility to take action against the perpetrator.
1991:
In an effort to provide more protection for employees being discriminated against in the workplace, Congress passes the Civil Rights Act of 1991, which is signed into law by President George H.W. Bush. President Bush had threatened to veto the bill prior to Anita Hill’s allegations that year against her former boss Clarence Thomas, who had been nominated for a seat on the U.S. Supreme Court.
Before the Act is passed, employees had limited rights when it came to suing their employers for discrimination and harassment. The Act not only gave plaintiffs the right to a jury trial in federal court but also the right to collect compensatory and punitive damages from their employers.
1992:
The Florida Civil Rights Act of 1992 is passed by the Florida Legislature and signed into law by Governor Lawton Chiles. The Act amends the FCRA passed in the 1960s and prohibits discrimination on the basis of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. It also changes the procedures for filing employment discrimination complaints and makes compensatory and punitive damages available to employees.
1993:
In Harris v. Forklift Systems, Inc., the U.S. Supreme Court rules that victims of sexual harassment don’t have to prove that they experienced physical or psychological injury from their harasser for it to be defined as sexual harassment.
1994:
The Violence Against Women Act (VAWA) is passed by Congress and signed into law by President William J. Clinton. In relation to sexual harassment in the workplace, it permits evidence of the history of the sexual harasser to be introduced and limits evidence related to the sexual history of the accuser.
1995:
The Congressional Accountability Act (CAA) is passed by Congress and signed into law by President William J. Clinton. In essence, the law makes members of Congress subject to the same employment laws as other American workers.
 

1998:
In Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton the U.S. Supreme Court rules that employers are liable for sexual harassment by their employees even if threats and favors aren’t carried out. However, employers have grounds for defending themselves if they can prove that they took prompt action to prevent the harassment by the employee and took prompt action to respond to complaints of harassment.
2005:
The U.S. Supreme Court rules in Jackson v. Birmingham Board of Education that it’s illegal to punish someone for reporting sexual harassment and discrimination.
Also that year, Congress passes the Reauthorization of the Violence Against Women Act, which allocates federal funds to aid victims of sexual violence and assault. Among other things, the funds can be used to ensure that victims are able to pay for a fair trial.
2021:
President Joe Biden signed The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law on March 3, 2022, altering the Federal Arbitration Act. It offers individuals alleging sexual assault or harassment the opportunity to bring these claims to court, regardless of prior agreements to arbitrate such disputes. This option extends to class or collective actions, even if these rights were previously waived.
2022:
President Joe Biden signed the Speak Out Act into law on December 7, 2022. Senator Kirsten Gillibrand introduced this act to limit the enforceability of predispute nondisclosure and nondisparagement clauses related to sexual assault and harassment disputes. This legislative action was largely driven by the MeToo movement’s concern over nondisclosure agreements’ potential misuse in silencing victims in corporate America.
Were You A Victim of Sexual Harassment in the Workplace?
It’s been a long road in enacting legislation that makes sexual harassment illegal in the workplace. However, there are laws that are now in place help protect employees from unwanted sexual advances and conduct of a sexual nature that can affect their ability to do their job.
If you’ve been a victim of sexual harassment and/or wrongfully terminated or retaliated against for reporting sexual harassment, you are protected under federal and state laws. Wenzel Fenton Cabassa, P.A., can help you understand those laws and provide sound counsel regarding your case. Contact us today; the initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### A Low Minimum Wage Good For Florida? Hold Up Rick Scott -- What's this all About?
Florida’s governor Rick Scott made an appearance in California last month, where he invited business to migrate to Florida and escape minimum wage hikes. His selling point according to the Miami Herald was as follows, “Why are you paying your workers $10 an hour? Floridians will work dirt cheap!”.
Governor of Florida, Rick Scott, traveled to Milken Institute’s annual gathering of business leaders in Beverly Hills, California last month. The tax-funded trip took place following efforts made in California to raise the minimum wage to $15 over the course of the next 6 years. According to Miami Herald, “Scott says the wage hike will cost the state 700,000 jobs.” But this projection was based on the opinion of a conservative “think tank” and did not include any concrete figures based on California’s official job data. By contrast, a study at the University of California-Berkeley’s Labor Center concluded there would be, “no net job loss in Los Angeles as a result of the state’s phased-in pay increases.”
This was not the first time Rick Scott made his way to California to share his thoughts on the benefits of a lower minimum wage. Governor Scott’s last attempt was back in March 2015, when he traveled to California with the same agenda. In addition, “census figures from 2014 indicate that more Florida residents are moving to California than going the other direction.”
Part of Rick Scott’s argument for lower minimum wage rates is the reality of competing with companies that are outsourcing jobs to Mexico, China, and Vietnam to keep labor costs low. In Florida, multi-millionaires make the migration, because there are no state income taxes. Corporations also benefit from lower tax rates in Florida in comparison to other states. In fact, Rick Scott has made it apparent in the past that eliminating the corporate tax completely is one of his goals.
Governor Rick Scott: “Eliminate Florida’s corporate income tax over seven years. Fully phasing out the corporate income tax over time will have a large positive benefit for Florida’s economy while having a minimal impact on state revenues. Total state tax revenues will benefit from the dynamic economic growth created by the corporate income-tax phaseout.”7 Steps. 700,000 Jobs. 7 Years.
The Miami Herald suggests that elected officials “insist on keeping the wage floor so low that millions of full-time workers must depend on safety-net programs to make ends meet.”
After many Florida cities began raising wages for city contractors, the state Legislature passed laws in 2003 that prevented local jurisdictions from passing minimum wage legislation for privately employed workers. This was met with opposition the year following, when an overwhelming majority of local Florida residents voted in approval of a constitutional amendment that reserved the cities’ rights to raise private-sector minimum wages. The legislators of Florida responded by amending the 2003 law with changes that according to the Miami Herald, “make it even harder for cities to take care of their own“. Local officials are now focusing efforts toward plans of action to improve Florida’s minimum wage laws.
Several Florida counties have issued “wage theft ordinances”, and “St. Petersburg Mayor Rick Kriseman has expanded access to paid leave and raised the minimum wage for city employees.”
Have you or has someone you know experienced illegal wage theft or are the victim of a wage and hour dispute in Tampa? The best thing you can do for anyone in this situation is seek the advice of an experienced employment law attorney. Contact Wenzel Fenton Cabassa, P. A., today to set up a free case evaluation.
SOURCES:
Labor Secretary: Florida is bigfooting local efforts to raise minimum wage
This Governor Says a Low Minimum Wage is Great for His State
Eliminate Florida’s Corporate Income Tax Over 7 Years
Governor Scott went to California, dreaming
7 Steps. 700,000 Jobs. 7 Years.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### A Quick Guide to Florida Labor Laws
(Updated July 2023)
Florida labor laws exist to ensure that employees get paid what they are legally owed and protect employees from illegal actions such as harassment. They are far-reaching and include state statutes and federal statutes such as the Fair Labor Standards Act (FLSA).
At Wenzel Fenton Cabassa, P.A., we are dedicated to fighting for employee rights and providing workers across the state with the information they need regarding Florida labor laws.
Florida Employment and Labor Laws
From minimum wage to overtime, there are strict guidelines that employers must follow when they are paying their employees. However, it is not uncommon for employers across the state to not obey these laws. Violations can sometimes be due to ignorance of the law, but employers often decide not to follow them to decrease their costs of doing business.
If companies violate these laws, their workers have a right to obtain legal counsel to hold them accountable.
Minimum Wage Laws
Minimum wage laws set the standard base pay for employees across industries. Federal minimum wage laws bind employers, but if a state, such as Florida, has passed legislation higher than the federal rate, employees have the legal right to that higher rate.
When Florida voters approved state measures for an incremental increase in the state’s minimum wage in November 2020, it was a win for employee rights. The state’s minimum wage is now up to $11.00/hour, and the minimum wage for tipped employees is $7.98/hour (until September 29, 2023). Employers must pay that wage to all those who qualify.
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Salaried
Under the FLSA and Florida labor laws, salaried employees get paid a certain amount in agreed-upon intervals such as bi-weekly or monthly. The full amount should be paid regardless of the hours worked each week.
There are some caveats to full payment under the FLSA, including if the employee does not work a whole week, overuse of benefit days, personal leave, and disciplinary suspensions.
Hourly
Even though the federal minimum wage is $7.25/hour, hourly workers have a right to the Florida rate of $11.00/hour as long as they are eligible. Most employees are subject to the individual coverage provision of the state law and FLSA.
Part-Time
If you are a full-time student at a Florida high school or a college student working part-time, Florida labor laws allow employers to pay 85% of the minimum wage or $9.35/hour in certain industries. The minimum wage in Florida would apply to other part-timers.
Overtime Laws
The FLSA is the federal law that protects workers in the state regarding overtime. There are no rules in Florida labor laws that address this part of employee rights, including salaried, hourly, and part-time workers.
Salaried
Certain workers are considered exempt under the FLSA, including many salaried workers, such as those in management positions (executives, administrators, other professionals, and computer science employees). If you are salaried and not in one of these positions, you may be considered non-exempt and eligible for overtime.
Hourly
Hourly workers have the right to get the time and a half pay for each hour worked over 40 hours in a workweek. For example, if your wages are $11.00/hour and you work 50 hours in a particular workweek, you should receive $11.00 x 1.5 = $16.50/hour for those extra 10 hours.
Part-Time
It is not common for part-time employees to receive enough hours to be eligible for overtime pay. If it does occur, your employer is legally bound to pay you time and a half for any hours worked over 40 in a particular week under the FLSA.
Severance Pay
Under Florida labor laws, there is no requirement for companies to pay severance for workers laid off due to no fault of their own. However, many companies do, such as when there are plant closings or large-scale reductions in the workforce across a national company with multiple locations.
Salaried
Severance pay for salaried workers typically depends on the time the employee was with the company before the layoff. There is not a definitive standard for severance pay, but common payouts include:

Less than 1 year = between 2 to 4 weeks of pay
Less than 2 years = between 3 to 8 weeks of pay
Less than 3 years = between 4 to 12 weeks of pay, etc.

The longer you are with the company, the more you receive.
Hourly
Similar to salaried workers, full-time hourly workers may get severance, and it is also typically tied to how long you have been with the company. Severance can be paid out in a lump sum, over time, or other methods.
Part-Time
Typically, part-time employees have not worked enough hours to receive severance, though some companies may decide to include them.
Paid Sick Leave and FMLA
Many private-sector employers will offer paid sick leave as an employee benefit but are not required to do so. Public sector employees, as a general rule, receive paid sick leave. Most employers are required to follow the rules of the FMLA (50 or more employees within a 75-mile radius and government institutions).
Salaried
Salaried workers receive a set wage, which typically includes paid sick leave—those who work for a salary usually qualify for FMLA benefits.
Hourly
Many hourly workers earn a certain amount of paid sick leave per year and may utilize that time to offset the missed wages in conjunction with leave from work under the FMLA (which is unpaid).
Part-Time
Part-time workers accrue less paid time off than full-time workers if the employer even offers it at all. The federal laws under the FMLA still apply, but there is a standard number of hours worked to qualify. (1,250 hours in the previous 12 months).
Paid Vacation
Many private-sector employers offer paid vacation as an employee benefit, but it’s not a requirement. Public sector employees usually receive paid vacation time. The employer sets the rules for vacation pay, such as how long you have to work for the company before receiving vacation pay, the number of days an employee can take, and how to submit a request for vacation.
Employers do have the legal right to enforce a “use it or lose it” policy so that an employee cannot accrue an excess amount of vacation time. This type of policy mandates that the employee use the days by a certain date or they disappear​1​.
Salaried
Salaried workers receive a set wage, and it typically includes paid vacation time. The exact details of paid vacation time can vary significantly based on the employer and the specific agreement with the employee.
Hourly
Hourly workers may also earn paid vacation time, depending on their employer’s policies. The amount of vacation time an hourly worker can earn might be based on the number of hours worked over a certain period.
Part-Time
Part-time workers might accrue less paid vacation time than full-time workers, if the employer even offers it at all. The specifics will depend on the employer’s policies and the agreement with the employee. It’s important for part-time workers to understand their rights and to review their employer’s policies on paid vacation time.
Maternity/Paternity Leave
In the state of Florida, there is no legal requirement for employers to compensate employees for maternity or paternity leave. This is an important aspect for new parents to understand when planning for the arrival of a child.
Salaried
Salaried employees, who are typically full-time, may have provisions for maternity or paternity leave in their employment agreement or company policies. However, unless specifically stated, this leave is generally unpaid. Public sector employees in Florida are legally entitled to a maximum of six weeks’ leave to care for a newborn or newly adopted child.
Hourly
Hourly employees, similar to their salaried counterparts, are not guaranteed paid maternity or paternity leave. The provision of such leave is at the discretion of the employer and may be specified in the employee’s contract or the company’s policies.
Part-Time
Part-time workers often face more variability in maternity/paternity leave provisions. While they may be granted leave, it is typically unpaid and may be shorter in duration compared to that of full-time employees.
It’s crucial to know that both private and public sector employees can take advantage of the Federal Family Medical Leave Act (FMLA). The FMLA allows for 12 weeks of unpaid leave for new parent duties, but it applies only if the company has more than 50 employees within a 75-mile radius.
Domestic Violence Leave
In Florida, provisions exist for employees who are victims of domestic or sexual violence. These regulations, outlined in Florida Statutes Title XLIII, Domestic Relations § 741.313, are designed to provide employees with the time necessary to address the personal and legal implications of these situations.
Salaried
For salaried employees in businesses with more than 50 employees, the law allows for up to three unpaid workdays off in such situations. To qualify, the employee must have been working there for at least three months. During this time, the employee can undertake essential actions such as seeking an injunction against the abuser, obtaining medical care or counseling, securing the home, or seeking legal help.
Hourly
Hourly employees are granted the same provisions as their salaried counterparts. They, too, can take up to three days of unpaid leave to address situations of domestic or sexual violence, provided they work in a business with more than 50 employees and have been employed there for a minimum of three months.
Part-Time
Part-time employees, provided they meet the same requirements of employer size and employment duration, are also entitled to the same three-day unpaid leave in instances of domestic or sexual violence.
Common Florida Labor Law Violations
Here are three common Florida labor law violations:

Employees are required to work through breaks but are not compensated for the extra time they have worked.
Employees are instructed to work on a particular job or project that extends their work hours into overtime, making their pay below the minimum wage after not getting compensated for that extra time worked.
Employers do not follow FMLA guidelines and/or retaliate against the employee for legally taking time off under the act.

When to Contact a Florida Employment and Labor Law Attorney
If your employer has not paid you at least Florida minimum wage and earned overtime or conducted other potential Florida labor law violations, contact a Florida Employment and Labor Law Attorney to discuss your best legal options.
Employee rights should be honored, and you deserve fair pay.
Contact Wenzel Fenton Cabassa, P.A. today to schedule a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### A Self-Help Guide to File for Unemployment in Florida
Florida Unemployment Claim FAQ’s
DO I NEED A LAWYER?
No, you do not need a lawyer.  The system is designed for former employees to apply without the assistance of an attorney.
Can I File an Unemployment Claim?
Need to file for unemployment? To be eligible for Florida unemployment benefits, you must meet the following requirements:

be unemployed by no fault of your own
must have earned eligible wages, worked the first 4 out of the last 5 completed calendar quarters
must be able and eligible for full-time work

How Do I Apply for Unemployment in Florida Online?
Within a week of being unemployed, you want to submit a claim on CONNECT. It is important to learn how to file these claims. To file a Florida unemployment claim, the state advises that you should have the following ready:

Social Security number
Names, addresses, and phone numbers of past employers (for the last 18 months)
Dates worked and total wages from each employer (last 18 months)
Gross earnings (pre-tax wages) for the current week (your first week being claimed for unemployment)
ID — such as a driver’s license, state identification, voter registration number, or any other type of ID used to verify your identity
The name and local number of your labor union hall (if applicable)
Non-U.S. citizens need an Alien Registration Number and work permit (including expiration date)
If you were in the military within the last two years, you need your DD-214 form
Past federal employees need a Form SF-50 or Form SF-8 with check stubs or W2 (proof of earnings)
If you want your benefits directly deposited into your bank account, you’ll also need a check or deposit slip

How Do I Calculate My Unemployment Benefits? What Can I Expect to Receive?
To calculate the amount you would receive, take your highest earning quarter and divide the earnings by 26. This amount is your weekly benefit. Keep in mind there is a minimum and a maximum for Florida unemployment. The minimum benefit is $32 per week, and the maximum is $275.
When Will I Get My First Florida Unemployment Check?
Once your unemployment claim is filed in Florida, you’ll get confirmation that it was received. For claims that are accepted, the first payment arrives in approximately 3-4 weeks.
If your claim is denied, you may file an appeal online, but you must do so within 20 calendar days. You can also file an appeal via mail. It’s important to know that even though you’ve been turned down, you must keep filing your unemployment claims every other week. If you win your appeals, you will only receive payment for the weeks you filed.
What Is Expected of Me As I Receive Benefits and How Long Will I Receive Them?
You will need to file every two weeks to remain eligible. During this time, you must look for and be available for full-time employment. The state requires you to keep a log of your job-hunting activities. The expectations are that you will contact at least 5 employers each week inquiring about job opportunities and applying as available. You must also complete an online skills assessment. The state requires you to accept “suitable” work as you find it.
CONTACT US IF YOU HAVE EXPERIENCED WRONGFUL TERMINATION
Because we are a contingency law firm, we do not offer representation for unemployment claims – nonetheless, the information we have provided, including our free ebook on wrongful termination, should assist you in filing.  However, if your unemployment situation is a result of wrongful termination, unemployment compensation may not be your only recourse. Contact our law firm to discuss your employment law situation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Afraid of Losing Your Job? Reporting Harassment in the Workplace
No one deserves to be harassed at work but reporting harassment in the workplace can be difficult and stressful. Many people are afraid of losing their job if they do try to report workplace harassment.
Understand that employees have many rights under federal and state law, including legislation protecting them from harassment. The U.S. Equal Employment Opportunity Commission (EEOC) is the federal government agency that administers employee rights laws against workplace harassment, a form of employment discrimination. The laws that protect employees include Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA).
But there are best practices to handle reporting harassment in the workplace that serve as powerful processes against retaliatory-inclined employers.
How to File Harassment Charges at Work
The EEOC has recommended guidelines for reporting harassment in the workplace. The first action they recommend you to take is to tell the person who is harassing you to stop – if you feel comfortable doing this. If you are not comfortable, or if the person does not stop, follow these steps.

Check your employee handbook or company website to see if they have an anti-harassment policy. You can also check with an HR representative or any supervisor at your workplace.
If your employer does have one, follow their specific steps. If your employer does not, talk with a supervisor to explain what has happened, including the supervisor of the person who has harassed you in the workplace, potentially causing a hostile work environment. You have the right to ask them for help in stopping the unwanted behavior if it is ongoing.
File a harassment complaint. The laws mentioned above protect you from punishment, such as getting fired (also called retaliation). You have the right to oppose unwanted behavior, report workplace harassment, and participate in investigations.
You also have the option of filing a charge of discrimination to the EEOC directly, which should be done promptly as there are statutes of limitations on filing a complaint.

Before reporting harassment in the workplace, it is important to understand who is protected under the law.
What is Workplace Harassment?
Workplaces can become extremely stressful and dysfunctional. Bosses can be very “mean” and unsupportive of their employees. These types of situations and behaviors do not necessarily equal workplace harassment. The EEOC has specific parameters in the legislation they enforce that protect employees.
According to the EEOC, “Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. This “unwelcome conduct” becomes unlawful when:

Withstanding the behaviors becomes a condition of continued employment.
The behaviors are severe or pervasive enough to create a hostile work environment.

Examples of the type of conduct that can lead to a violation of the law include:

Epithets or name-calling.
Physical threats or assaults.
Offensive jokes or objects/pictures.
Ridiculing.
Direct interference with work performance.

Workplace harassment does not always come from a direct supervisor. It can also be a supervisor in another department, a vendor or outside agent of the employer, a co-worker, or even a client/customer.
Stopping Workplace Harassment
If you or a co-worker are dealing with workplace harassment, know that employees have legal rights to make it stop without fear of retribution. Every employee deserves to be able to work in a healthy, discrimination-free environment.
Following employer policies on reporting harassment in the workplace is essential to your protection against losing your job. The guidelines defined by the EEOC are clear. Depending on where you are in the process, certain decisions can be made and actions that can be taken. First and foremost, the harassment needs to stop. Follow the steps listed above to get out of hostile, unhealthy environments.
Additionally, seeking out an attorney specializing in employee rights is recommended in most cases. Doing so will give you a legal advocate with expertise in laws protecting employees from harassment in the workplace. They will guide you in each step of the process when reporting harassment at work or filing a harassment complaint with the EEOC. Suppose some type of punishment does happen to you for attempting to stop the harassment. In that case, an employee rights attorney fights hard to get the best outcome possible, including appropriate financial settlements.
The attorneys at Wenzel Fenton Cabassa, P.A. have deep experience holding employers accountable for violations of employment law, including corporations across multiple industries. Contact us today to schedule a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### AmeriCare Ambulance Lawsuit Filed by Wenzel Fenton Cabassa, P.A. and Berger & Montague, P.C.
False Claims Act Violations Revealed in Lawsuit Against AmeriCare
The U.S. government recently filed a motion to intervene in a false claims lawsuit brought against AmeriCare Ambulance Service, which provides service to Hillsborough and Polk County Medicare and Medicaid patients. In the suit, the relator (the person who exposed AmeriCare and brought this lawsuit) alleges that AmeriCare billed the government for medically unnecessary ambulance services, which violates the False Claims Act and the Florida False Claims Act.
Under Medicare and Medicaid, non-emergency ambulance service is covered if the beneficiary is “bed-confined,” which is defined as:

The beneficiary is unable to get up from bed without assistance.
The beneficiary is unable to ambulate.
The beneficiary is unable to sit in a chair or wheelchair.

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Non-emergency service is also covered if it’s repetitively scheduled and the ambulance provider gets a written order from the beneficiary’s attending physician confirming that the above requirements have been met.
The relator, Ernest Sharpe, who worked as a paramedic for AmeriCare for five months, also alleges that he was fired after he reported the fraud perpetrated by AmeriCare. During his orientation and field training, Sharpe was instructed to document that patients be transferred by slide sheet and soft stretcher, regardless of their ability to walk. This would ensure that the patients could be classified as “bed-confined” and that Medicare would ultimately pay the claims.
After Sharpe’s first 90 days of employment with AmeriCare, he received a written evaluation that deemed him “outstanding” in every work category. However, shortly thereafter, he was asked to rewrite a report to ensure that it was good enough to convince Medicare to reimburse AmeriCare. He rewrote the report in an almost identical fashion and informed his supervisor that he felt as though AmeriCare was committing fraud by altering their reports.
Sharpe’s evaluation was subsequently revised to “average”; he was told that only supervisors could earn an “outstanding” rating. The following month, the same supervisor let Sharpe know that his reports had been shared with other supervisors and that his reports should look just like the supervisors’ reports. At that point, Sharpe stated that he felt as though he was being retaliated against because he had indicated that he thought AmeriCare was committing fraud. After that conversation, Sharpe’s reports were consistently returned to him and deemed deficient.
Three days later, Sharpe reported AmeriCare’s alleged fraudulent activities to the Florida Agency for Health Care Administration, which oversees Florida’s Medicare program. After being written up for taking photos on the job, Sharpe notified two supervisors that he was submitting the photos to the State of Florida as part of the fraud complaint. Four days later Sharpe was terminated for allegedly taking AmeriCare files and sabotaging their computer network.
In January of this year, the United States government initially declined to intervene in the case, however, it continued its investigation and on June 30, 2017, it filed a motion to intervene. The government alleges that AmeriCare submitted thousands of medically unnecessary claims to Medicare for ambulance services and was granted funding that should not have been covered by the insurance program. During the government’s investigation of AmeriCare, they’ve spoken to employees and administrators who have confirmed the company’s scheme.
The case is United States ex rel. Sharpe v. AmeriCare Ambulance Service, No. 8:13-cv-01171 (M.D. Fla. 2013).
Sharpe, who is pursuing a separate lawsuit based on AmeriCare’s decision to terminate him, is represented by Berger & Montague, P.C., and Wenzel Fenton Cabassa, P.A.
Relators and the False Claims Act
Under the False Claims Act (“FCA”), or Lincoln’s Law, it is illegal to submit claims for payment to Medicare or Medicaid that you know or should know are false or fraudulent. The FCA protects the U.S. government from abuse, fraud, and waste in federal spending. Much of the Act’s success can be tied to lawsuits brought by whistleblowers, or “relators”, who under the qui tam provisions of the Act, can file a lawsuit on the government’s behalf. Many instances of fraud would go undetected if not for private citizen whistleblowers. They’ve become an essential resource responsible for more than half of the $48 billion recovered by the government under the False Claims Act between 1986 and 2015.
If you feel as though you were terminated for reporting an illegal act carried out by your employer, your rights may be protected under federal and state whistleblower laws. If you’ve witnessed illegal, fraudulent, or unethical actions at work, consider contacting an experienced workplace retaliation attorney who can offer expert advice on how to move forward.
At Wenzel Fenton Cabassa, P.A., we’re here to protect your rights and help you take action if you feel as though you’ve been wrongfully terminated or retaliated against for reporting false claims. Contact one of our Employee Law Attorneys today to schedule your free case evaluation.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### An Employee's Guide to the FMLA Process
Understanding the complicated FMLA process is a vital part of taking care of you and your family’s needs. It is important to be prepared before taking FMLA.  There are certain steps that you must follow to receive approval and safeguard your job. If you need to take time off work due to your own serious health condition, to take care of a sick family member, or bring a new baby into the family, being familiar with the FMLA process and knowing your rights as an employee can make the experience less stressful and much more manageable.
FMLA Basics
The Family and Medical Leave Act (FMLA)

“entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.”

Not all employees are eligible, but many are. The FMLA applies to businesses (and their satellite locations) that have 50 or more employees within a 75-mile radius of the employee worksite. Also, virtually all public-sector employees are covered under the FMLA including city, county, state, and federal positions.
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The FMLA Process
The Department of Labor, the federal government department that enforces the act, has an FMLA process flowchart that describes all the steps. They must be taken in order, and it is essential to know your employer’s specific leave policy as well. There are several steps throughout the leave process where you will need to comply with both the FMLA regulations and your employer’s leave policy.
6 Steps to the FMLA Process
Here are the 6 steps in the FMLA process:
1. Initial Notification
You are required to give your notification when you know you need to take medical leave. For example, if you know you are going to have a baby or have surgery, you should give at least 30 days’ notice to your employer. If there is an accident or you or a loved one falls severely ill abruptly, give your notice as soon as possible. Make sure to follow all call-in procedures or standard notice protocols unless you are unable to do so (like receiving emergency medical care).
You don’t have to provide a diagnosis or necessarily let them know it is for FMLA at this point, but you do need to give enough information so that they know it may be covered under the FMLA. If they don’t get enough information, your leave may not be protected by the act.
2. Employer Notification
Your employer is required to notify you, within five business days, whether you are eligible for FMLA. When they communicate with you regarding eligibility, if you are approved, they must also provide you with your rights and responsibilities under the FMLA. Your employer must also provide you with any request for certification.

3. Certification
This step in the FMLA process is your responsibility. In step three, you must provide a completed certification to your employer within 15 calendar days. You are required to cover the costs to receive the medical certification from a health care provider. It is also your responsibility to make sure the certification gets to your employer too. (Be diligent!)
4. Employer Notification #2
After the certification step is complete, your employer must now notify you whether your leave has been designated as FMLA within five business days. If they say that you are not eligible, your employer has to state at least one reason why it has denied the leave
5. FMLA-Protected
If your leave is designated as FMLA protected, you do have some responsibilities while out on FMLA leave. Stay in communication with your employer and if anything changes (like being able to come back earlier) let them know as soon as possible. Follow all employer protocols for any check-ins.
6.Returning to Work
When your leave is officially over and you come back to work, your employer is required by law to return you to your same or nearly identical job with the same responsibilities, wage, and benefits.
Want to ensure your rights are protected under the FMLA?
Download our free FMLA process flowchart.
GET YOUR COPY
Protecting You and Your Family
The FMLA was set up to protect you and your family. If your employer has violated the FMLA by giving you a lower paying job after you return, demoting you, or even firing you, contact an employment law attorney to fight for your rights.
Wenzel Fenton Cabassa, P.A., are experienced in protecting employees from workplace discrimination, wrongful termination, retaliation, employment discrimination and more. We offer a free, confidential case evaluation and have helped thousands of people just like you. Contact us today.
Other FMLA resources

Do You Get Paid When On FMLA Leave?
10 Signs You’re Facing Retaliation for Taking FMLA Leave
5 Examples of FMLA Retaliation in the Workplace
What’s the Difference between Short-Term Disability and FMLA?
5 Common FMLA Violations & Mistakes Employers Make
Top 8 FMLA FAQ’s (and Answers) You Should Know
What is FMLA Fitness-for-Duty Certification?
What’s Not Covered Under FMLA
How to Complete an FMLA Form for a Family Member

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### An Employee’s Guide Severance Agreements & Payments
Hopefully, you will never lose a job unless you choose to seek employment elsewhere. However, it is not always up to you. You may be fired or laid off for a variety of reasons. Should this happen, your employer might request that you sign a severance agreement.
Knowing what steps to take in these circumstances is understandably difficult. After all, you might not have expected to lose your job. The shock of being let go can be jolting, and knowing if you should sign a severance agreement in this situation is not always easy.
 
Severance Agreements FAQs
What is a severance package? How does severance work?
If you decide to leave a job, you are signaling to your employer that you have the financial means (or at least believe you do) necessary to sustain yourself until you accept work elsewhere. You are the one responsible for ensuring your financial wellness if you decide to stop working for a particular company. Therefore, it is not typical for an employer to provide any financial assistance in these circumstances (although there are instances when employers offer severance packages to employees who retire or resign under certain conditions).

That is not the case if your employer lets you go. Companies often provide severance packages consisting of pay and benefits that remain in place for a certain period after you have lost your job. Severance packages may also include unused paid time-off and any overtime hours you have worked, along with unpaid bonuses. Because you may not have expected to be let go, you might not have enough money saved to provide for yourself and your loved ones until you find employment elsewhere. A severance package helps during this transition period.
It is worth noting that severance benefits and pay are not always guaranteed. If a company is laying off employees, they do not necessarily need to provide severance packages. However, pursuant to the W.A.R.N. Act, subject to many conditions in the law, generally if a company has over 100 employees and is laying off a sufficient number of them (typically due to the company closing or major departments closing), the organization is required to provide employees with 60 days notice before they are laid off. Many employers will make a “severance” payment instead of having employees work for the 60 day notice period. The terms of the severance payment are important here as the payment generally cannot be conditioned upon a release. If your employer fails to provide this notice, you should contact an employment law attorney to pursue the pay and benefits to which you are entitled. Similarly, you should contact an employment attorney to review the terms of any severance payment offered to you under these circumstances.

Do you get severance if you are fired?
There is a difference between being laid off and being fired. When an employee is laid off, it typically is not because of their performance. Their employer may have moved or closed. Their department might be downsizing. Perhaps the business lost several clients, and there is no longer sufficient work for an employee. These are all common reasons to be laid off.
Being fired, on the other hand, often involves losing your job because you did not perform well, violated company policies, or were otherwise at fault in some capacity. Therefore, you might naturally wonder whether you are entitled to severance if you are fired. Should the company be responsible for your financial well-being if you lost a job because you were not a strong or trustworthy employee?
Again, you may not even be entitled to severance if you are laid off, assuming your employer provides the required notice. That means you certainly are not immediately entitled to a severance package if you are fired. However, many employers do choose to offer severance packages, even when firing employees for poor performance or misconduct, to minimize the risk that you may bring a lawsuit against them. An employer may want to take the safe route and offer severance, usually conditioned upon signing a general release of all claims against them. Just remember, there is no guarantee they will make this offer, particularly when the employer does not believe they are at significant risk of a lawsuit.
 
When Not to Sign a Severance Agreement
It may seem as though you should always agree to sign a severance agreement. If you don’t sign, are you not depriving yourself of pay and benefits to which you are entitled?

There are instances when you may be better off not signing your severance agreement. Sometimes the benefits offered in a severance package are not ideal. You might believe you can negotiate a better package. Additionally, severance agreements often serve to protect your employer, as well. For instance, a severance agreement might require you to agree not to sue your employer in the future. If you believe you have been wrongfully terminated, and do plan to sue, you should not sign the severance agreement.
Severance agreements sometimes contain non-compete agreements as well. These agreements might prevent you from finding work in your field. If you sign the severance agreement, you could struggle to find new employment until the terms of the non-compete agreement expire.
Agreeing to a severance package might also impact your eligibility for unemployment benefits, and your pension rights. You may be better off financially in the long run if you do not sign.
There are also situations where the severance agreement is unfairly one-sided and does not contain specific provisions that would protect you. For example, a strong severance package will generally include a non-disparagement provision, which requires you to not publicly “bad-mouth” your employer in a way that would negatively affect their business. You would want to negotiate terms which protect you as well, either in the form of a mutual non disparagement clause, or a positive reference letter which will assist you as you seek employment in the future.
All of this can seem complicated. That is why an employment law attorney should always review your severance agreement (and any other documents presented to you with that agreement) before you sign it. An employment law attorney will confirm the terms are fair or let you know what steps you can take next if the package is not sufficient.
Have you recently been offered a severance package? If so, get in touch with the employment law experts at Wenzel Fenton Cabassa, P.A., serving clients throughout Florida.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Are New Laws Protecting LGBT Workers? Some Think Not.
What Should LGBT Workers Expect in the Workplace?
The year 2015 has been a monumental one for gay rights with large public displays of support. With the United States Supreme Court’s declaration of marriage equality, many pro-LGBT (lesbian, gay, bisexual, transgender) groups are trying to build momentum to increase rights and legal protections afforded to them.
How has this impacted employment law?
While Obergefell vs Hodges was a case which involved the right to marry, it has much broader applications in social and professional spheres including issues on employment, insurance (health and life), housing, health care, public accommodations and more.
Are LGBT Workers Really Being Protected?
While there are numerous steps being taken towards equality, there are still limitations in the Courts interpretation of the existing employment laws. For instance, an Oklahoma Federal Court judge found that “a transsexual individual [alone] is not within a protected class.” The court clarified Title VII protections extend “to transsexual employees only if they are discriminated against because they are male or because they are female.”
Title VII of the Civil Rights Act of 1964, referred to above, dictates that it is illegal to refuse to hire or promote an individual, or terminate someone based solely on gender. While some claim that the Equal Employment Opportunity Commission (EEOC) has created a new protected class based on sexual orientation, the EEOC alleges it’s merely reinterpreting Commission findings and case law. Sexual orientation discrimination is a subsection of sexual discrimination:

The connection between sexual orientation and sex makes this an issue of sexual discrimination. The question becomes would this person act the same way if the employee was a different gender? If the answer is no, it’s sexual discrimination.
Sexual orientation discrimination is also associational discrimination based on who the individual chooses to associate with. Courts have consistently struck down associational discrimination, particularly when it comes to race.
This sort of discrimination is also based on stereotypes. LGBT individuals are often treated differently because they don’t fit society’s mainstream views of what is “masculine” or “feminine.”

The EEOC charges federal agencies to treat sexual orientation discrimination as sex discrimination. Still, many employers are wondering if LGBT individuals are a protected class or not. While they appear to be, the EEOC is stating they aren’t. However, this is still up to court interpretation and many courts believe sexual orientation discrimination is not protected under sexual discrimination protections of Title VII.
In 2013 the Senate tried to address ambiguities in the existing employment law by creating the Employment Nondiscrimination Act. This statute was created to prohibit discrimination in employment on the basis of sexual orientation and gender identity. However, while it passed the Senate, it did not become law and yet again, after nearly a decade of efforts year after year to pass this bill into law, it has failed to gain traction.
Because of the changing landscape of LGBT protection, it is important to work with attorneys who are keeping a close watch on discrimination and protected classes as interpreted by the Courts. The hard-working attorneys of Wenzel Fenton Cabassa, P.A. can help you understand the latest decisions in this hotly debated area of employment law.
Contact us today for more information on your employment case. The initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Are You Owed Vacation Pay? A Guide to Florida Vacation Time Laws
When you want to take time off work, understanding Florida vacation time laws will help you make the right decisions for you and your family. Depending on the circumstances of your employment, what you decide to do may change. It is always recommended to be informed of varying types of employment law to ensure your rights are being upheld and understand the outcomes of your (and your employer’s) actions.
Is Vacation Pay Required by Law?
Employers are not obligated to give their workers paid or unpaid time off under federal law. Also, there are no specific Florida vacation time laws that require vacation pay either. That being said – when employers do decide to offer vacation pay, these benefits are considered wages under Florida vacation time laws. Employees have certain rights under wage and hour laws.
What is the Difference Between Vacation Time and Vacation Pay?
An employer may decide to provide you with a certain amount of time off per year as a benefit of employment. Two weeks is relatively common when you have been with a company for at least 90 days, referred to as vacation time. Depending on your employer’s policies, they may not provide wages when you take those two weeks.
If the employer policies detail that you will still earn money when you take that time off for vacation, that money is called vacation pay. Paid vacation employment laws in Florida for vacation pay, legally described as wages, do not typically require an exact amount of what that vacation pay will be. Standard paid vacation usually equals your regular pay per hour/salary. For instance, if you earn $15/hour, the time you take for vacation will be at $15/hour, as well.
What is PTO Law in Florida?
Paid time off (PTO) law is only applied to Florida employees who work for employers that offer PTO as part of their employee benefits package. People will often intermingle the terms “vacation pay” and PTO, but you do not necessarily have to take a vacation while taking the time away from work.
If you are guaranteed PTO by your employer under your employment human resource policies or under a contractual agreement or collective bargaining agreement, you have a right to receive pay while working for the employer.
Currently, Florida vacation time law does not require employers to send a PTO payout to employees when they leave an organization. However, 24 states across the country do, including California, New York, Tennessee, and North Carolina. Meaning, it is possible for that to change in the future. It is always important to stay informed of employment law changes to ensure all your employee rights are being upheld at your workplace, including a right to fair wages.
Your Employee Rights Regarding Florida Vacation Time Laws
Even though Florida does not require employers to give you time off for vacation – paid or unpaid – if it is part of your benefits or contract, you deserve to get the pay you are legally due.
Have you been denied your wages for taking time off for a vacation? Has your employer defaulted on a specific contract that included vacation pay? If so, you should contact an employment law attorney to discuss your case.
Retain and secure any related documentation regarding your employee benefits. This can be copies of your company’s human resource policies, an employee handbook, or any type of employment contract or agreement that includes language related to vacation benefits.
Contact An Experienced Employment Law Attorney
Wenzel Fenton Cabassa, P.A. has experienced employment law attorneys who are dedicated to defending employees’ rights across the state of Florida. They are well versed in Florida vacation time laws, as well as the full scope of employment law, and understand what it takes to fight for justice.
If you have benefits or a contract that includes vacation pay and have not been paid appropriately, contact Wenzel Fenton Cabassa, P.A. today to set up a free case evaluation.
We serve clients across Florida, with convenient locations in Orlando, Tampa, St. Petersburg, Sarasota, Jacksonville, Miami, and West Palm Beach. We are the employee’s law firm, fighting aggressively for justice against powerful employers who violate employment law.
It is critical not to wait too late to contact a lawyer if you have been denied lawful wages. There are statutes of limitations in employment law cases. We are here to help.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Are You Paid Fair Wages and Overtime?
How Working “Off the Clock” Can Leave Call Center Employees Underpaid
Call centers are notorious for not paying fair wages and overtime.
Employees often fall victim because they’re unaware of their rights.
Working Without Compensation
Employers responsible for operating call centers often require their employees to work “off the clock” without compensating them for their time.
Here are some examples of how call center employers have their employees work without compensation.

Arrive early for pre-shift work meetings to discuss sales goals
Wait to clock in while computers are booting-up
Work “off the clock” during lunch or rest breaks
Work while waiting to log into the call center phone system

Many of these practices violate the minimum wage and overtime provisions of the Fair Labor Standards Act (“FLSA”).
Keep track of the time you work, whether “clocked in” or not.
Determining Your Unpaid Overtime Pay
Call center employers also frequently fail to include commissions when calculating the rate of overtime pay owed for hours worked in excess of forty in a work week.
Earnings may be determined on an hourly, salary, commission, or some other basis, but in all cases the overtime pay due must be computed on the basis of the regular hourly rate derived from an employee’s “total earnings”.
Total earnings are calculated by dividing the total pay in any workweek by the total number of hours actually worked.
Be sure to review your time and your pay stubs to ensure you’re paid the wages you’ve earned.
Unpaid Call Center Wages and the FLSA
Under the FLSA, all non-exempt employees – including call center employees – are entitled to compensation for all hours worked.
In general, “hours worked” under the FLSA includes,

all time an employee must be on duty, or
all time on the employer’s premises or
all time at any other prescribed place of work, from the beginning of the first principal activity of the workday to the end of the last principal activity of the workday.”

Also included is any additional time the employee is allowed to work. This is frequently referred to as the “suffered or permitted” to work provision of the FLSA.
Employers Profit from Your Unpaid Wages
Failing to pay call center employees for a few minutes of time each day may seem insignificant. However, these small time increments can add up to hundreds or thousands of hours when dealing with a large group of employees, particularly when dealing with large call centers.
As a result of these violations, employers enjoy ill-gained profits at the expense of hourly employees.
If you are a current or former call center employee, and you believe that your current or former employer owes you unpaid wages, including minimum and overtime wages, contact Wenzel Fenton Cabassa P.A. today.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Are You Protected From Retaliation Under the Florida Whistleblower Act?
The Florida Whistleblower Act was enacted to protect public and private sector employees from being terminated or retaliated against by their employers for reporting illegal or unethical acts perpetrated by their employers. But who is classified as a whistleblower in Florida and what rights do these individuals have under Florida law?
Who Is Defined as a Whistleblower in Florida?

A whistleblower in Florida is someone who “blows the whistle” on his or her employer for taking part in illegal, corrupt, fraudulent, or harmful activities at their place of employment. In doing so, the whistleblower believes that the public interest takes precedence over the interest of the organization for which he or she works. That said, Florida has two whistleblower statutes— one that covers private-sector employees (those who work for private individuals or enterprises) and one that covers public-sector employees (those who work for governmental agencies).
Whistleblowers in the Private Sector

Private-sector employees who object to an activity, policy, or practice that violates a regulation, rule, or law or report or threaten to report their employers for their violations are protected under Statute 448.102 of Florida’s Whistleblower Act. However, it’s important to note that it’s not a requirement that the violation of a law, rule or regulation by the employers to be connected to the employee-employer relationship.
Statute 448.102 defines the type of employee actions that will be protected from retaliation against an employee. An employer cannot take retaliatory action against an employee for any of the following reasons:

The employee disclosed or threatened to disclose to the appropriate governmental agency in writing and under oath that his or her employer violated a law, regulation, or rule.
The employee provided information or testified to the appropriate governmental agency, individual, or entity that’s carrying out an investigation, hearing, or inquiry regarding a claim of a law, regulation, or rule that’s been violated by his or her employer.
The employee objected or would not participate in the activity, policy, or practice that violated the law, regulation, or rule.

Whistleblowers in the Public Sector

The Statute (112.3187) under the Florida Whistleblower Act that protects public-sector employees is more narrowly defined and in order to secure protection from retaliation, the employee must qualify as a whistleblower and follow strict reporting requirements and timelines. It protects those public-sector employees who divulge information about suspected violations by their employers that affect the public’s well-being. In addition, the statute protects public-sector employees who divulge information about managerial abuses, wrongful actions, or criminal or fraudulent behavior carried out by their employers (see below).
Under Statute 112.3187, a whistleblower is defined as any of the following:

Someone who disclosed information on their own volition via a written and signed complaint.
Someone who was asked to take part in an investigation, hearing, or inquiry.
Someone who declined to take part in a prohibited, adverse action.
Someone who filed a written complaint with their supervisor(s).
Someone who filed a complaint with the Florida Commission on Human Relations, the Office of the Chief Inspector General, the Agency Inspector General, or the Whistleblower’s Hotline.

 
It’s also important to note that the statute’s protection reaches beyond public-sector employees to “persons.” That said, when a whistleblower, whether an employee or not, is disclosing information about a public employer, he or she is only protected by law if disclosing either or both types of the following information:

Violation of Laws or Rules: This disclosure must include the violation or suspected violation of federal, state, or local laws and/or any rules or regulations by an employee “or agent of an agency or independent contractor which creates and presents a substantial and specific danger to the public’s health, safety, or welfare.”
Gross Misconduct: This disclosure must include acts or suspected acts of “gross mismanagement, malfeasance, misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse or gross neglect of duty committed by an employee or agent of an agency or independent contractor.”

How Are You Protected Under the Florida Whistleblower Act?

Under both of Florida’s whistleblower statutes, it’s unlawful to retaliate against an employee. If you’re a public-sector employee and have been subject to an adverse action at work, you must file a complaint with the Florida Commission on Human Relations within 60 days of when the alleged adverse act occurred (retaliation or firing, for example).
 
If you work in the private sector, you are also protected – but only if your employer has 10 or more employees, because the statute sets that as the minimum number for an employer to be covered by the whistleblower law.
Where Do You Register Your Complaint?

Under the Florida Whistleblower Act, whistleblowers are required to file their complaint with the appropriate agency (for example, the Florida Commission on Human Relations, the Office of the Chief Inspector General, the Agency Inspector General, or the Whistleblower’s Hotline).
If you work in the private sector and have been wrongfully terminated, you must file a lawsuit within two years of the adverse action. On the other hand, if you work in the public sector, your time to file an administrative complaint is as short as 60 days and a prerequisite to filing a civil action, which may be commenced only after meeting administrative prerequisites. Time limits on when you must file a civil action vary depending on the status of the administrative agency’s investigation but may be as short as 180 days from the time of the adverse action.
Once you file a claim under the Florida Whistleblower Act, you could be entitled to any of the following remedies and/or damages:

Reinstatement to your former position.
Reinstatement of benefits and seniority rights.
Compensation for lost wages and/or benefits.
Compensation for wages you could have earned in the future.
Compensation for attorney’s fees.
Compensatory damages suffered due to being retaliated against.
Liquidated damages.

It’s important to note that whistleblower cases are often quite complex, as are the statutes and the interpretation of them. Therefore, it’s in your best interest to consult an experienced workplace retaliation attorney before deciding to blow the whistle on your employer.
If you’re considering blowing the whistle on your employer or have been retaliated against for doing so, you want to be as informed as possible before deciding on the best course of action. You can get all the information you need by downloading our free guide, When Good Deeds Are Punished: Retaliation in the Workplace.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Are You Protected from Workplace Retaliation?
Most of us are raised to believe that it’s best to be a “good guy.” We want the good side to prevail even when the  odds are against us. But sometimes the bad guy wins, at least temporarily.
It may feel that way to you if you recently reported activity  at your company which you believed in good faith was a violation of a law, rule or regulation and you’ve been paying the price ever since. Maybe you were fired. Maybe you were demoted, or your prize account was taken away from you. Whatever it may have been, “good guys” don’t deserve to be treated that way.
That’s why it’s important to understand the rights you have and what constitutes workplace retaliation.
Are You Protected from Workplace Retaliation?
If you’re wondering about your employment rights, you should probably seek the counsel of an employment attorney because there are a lot of subtleties in employment law. However, if you’re not quite ready, here are a few questions to ask yourself to help you understand workplace retaliation.
Please note that the statute which provides protection in your circumstance may provide additional or differing requirements (such as a complaint in writing, or a time limit within which to bring a complaint) and this is only a general listing of the most significant concepts which arise in most whistleblower litigation.
Did I File a Formal Complaint Against My Employer or Someone Employed by My Employer or Was I Involved in a Protected Activity?
Telling a loved one or friend outside the workplace about filing does not give the proof needed to show that adverse employment actions are due to retaliation for filing a complaint. You must have taken action (such as making a complaint to the appropriate party or have testified or otherwise participated in a complaint against the company’s conduct,  for example, serving as a witness, about the issue in question.
However, telling the employer you intend to make a complaint may provide the basis for the whistleblower action even if retaliation by the employer takes place before you have a chance to make a more formal complaint. The issue is whether the employer has knowledge that you are engaging in protected activity.
Have I Experienced an Adverse Employment Action?
Being fired, demoted, or suddenly becoming ineligible for a promotion are all examples of negative employment actions. Being socially shunned at work is probably not enough unless you can show a significant negative impact on the terms and conditions of your employment.
Is My Adverse Employment Action Due to Another Reason?
Be honest with yourself. Do you have a problem with punctuality? Was your latest drug test positive? Were you combative with your manager?
All of these are valid reasons for dismissal that have nothing to do with retaliation.
Sure, the timing may be suspicious, but if you’ve been written up several times without changing your actions, the employer is going to point to  those additional circumstances, not retaliation, as the reason adverse employment was taken.
Are You Under Increased Scrutiny?
It’s not always immediate adverse employment action that people feel in retaliation cases. Sometimes a manager begins building a case. What may have been “fine” before is now causing problems.
For instance, maybe your manager let you work at home before when your child was sick and now won’t allow you that benefit and wants a doctor’s note every time you’re out. Worse yet, this increased scrutiny only applies to you.
The best way to know for sure is to consult an employment attorney. At Wenzel Fenton Cabassa, P.A., we only handle employee rights cases, and we fight tirelessly for workplace justice. We don’t protect employers. If you’d like to talk to someone about your situation, contact us today.
Want more information about workplace retaliation? Download our eBook below.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Are You Qualified for FMLA Leave?
The Family Medical Leave Act (FMLA) of 1993, brought about a large change in the workplace as it afforded protected individuals with the right to care for themselves or an immediate relative for up to 12 months without risk of losing their job. While this was a great step for employees, not everyone is qualified for FMLA.
Before considering FMLA leave  it’s important to know whether you are one of the many Americans covered under the law. In order to figure this out, you need to know a little something about you and your employer, because you both need to be eligible, or covered, to receive this protection.
Is My Employer Covered by the FMLA?
Your employer is covered if it is a government employer, public school, or any public agency (state, local, or federal),  regardless of size. If your employer operates in the private sector, it must employ 50 or more people for at least 20 workweeks in the current or preceding year.
Am I Qualified for FMLA?
Assuming you’ve figured out your employer is covered, (if they aren’t, you are not eligible and it will be up to you to negotiate a leave arrangement that is satisfactory to you and your employer.), there are some minimum qualifications you must meet as well.
In order to establish if you are eligible, ask yourself these questions:

Have I worked for my employer for at least 12 months (they needn’t be continuous)?
Have I worked at least 1,250 hours during those 12 months, prior to the start of the FMLA leave (note that vacation and time off is not included in “time worked”)?
Do I work at a location with at least 50 other employees of my company or are there at least 50 company employees within 75 miles of where I work?

If you answered yes to these questions AND if your employer is covered by the Family Medical Leave Act, you probably qualify for FMLA. If you have any doubts, an employment attorney can help you sort out your questions and understand your protections.
How Can I Use FMLA?
The 12 months allotted for care under FMLA needn’t be taken as full-time leave. Sometimes intermittent leave is the better solution for the employee and you may be able to work a reduced schedule. An example of this is when an employee needs to provide care for a seriously ill family member during certain hours of chemo treatment. Intermittent leave may also be taken to care for a newborn, foster child (with employee approval), or newly-placed adopted child.
In the case of intermittent leave, only the amount of time taken may be charged as FMLA leave. Whole days will only be charged if the entire day is taken, otherwise only the hours apply to the leave.   
If you want to know if you’re qualified for FMLA in Florida, or if you were out on approved FMLA leave and were fired upon returning, consult with a Tampa employment attorney at Wenzel Fenton Cabassa, P.A. Your initial case evaluation is free. Call today at (813) 224-0431.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Assessing the Decision: Is It Worth Suing Your Employer?
Your employer has discriminated against you, unfairly withheld your wages, or fostered a hostile and harassing work environment. In these and other similar situations, you have legal rights, and the most natural forum to assert them is in the courtroom. To get your case before a judge, you must file and litigate a lawsuit.
Before rushing off to your nearest Florida employment lawyer and filing a case against your employer, stop and ask yourself, “Is it worth suing your employer?” Just as you should not embark on a new career or go back to school without carefully weighing the costs and benefits, you should also consider the costs and benefits of filing and litigating an employment law case.
The costs you could face include investments in your time, finances, emotional condition, and professional reputation. A clear picture of these various expenses is essential to deciding whether to file suit against your employer.
Risk Assessment: Weighing the Odds of Success
There may be numerous reasons to sue your employer. Before you do, the first question to ask is simple: “What are the chances that this case will succeed?” 
People in different circumstances will define success in different ways. For example, if your employer unlawfully withheld your pay for too long, success means getting the wages you earned and deserve.
For a sexual harassment victim, success may mean having the harassing behavior stopped or the perpetrator fired. Other victims may want their employer exposed for allowing such a toxic work environment. Still, others in this situation might say that success involves receiving financial compensation.
Whatever your definition of success is, you will want to visit with your attorney and discuss whether your desired outcome is reasonably achievable. If it is not, you may decide the costs are too great to justify pursuing a lawsuit against your employer. 
The best time to discover this is early in your case, before you have invested too much time, energy, and resources.
Evaluating Your Case: Legal Strength and Potential Outcomes
One of the primary considerations in deciding whether to sue your employer is evaluating the likelihood that your case will succeed. This begins with an honest assessment of the strength of the evidence in your case. If you file a case that does not settle, you should be prepared to litigate your dispute in court. There, your success will depend on numerous factors, including;

How credible you are as a witness
Your history as an employee
Any emails, videos, or other evidence that supports your allegations
Whether other witnesses are available and, if so, how credible they are
Your employer’s reputation

No single factor outweighs the other, although the more factors you have in your favor, the greater your chances of prevailing in your lawsuit.
While evaluating your case, you should also consider the likelihood that you will achieve the outcome you want. For example, even if you succeed in proving that your employer failed to pay your wages as required by law, it is highly unlikely that you will recover millions of dollars in penalties. 
An experienced employment law attorney in Florida who has handled numerous similar cases can provide a valuable and insightful perspective on your case. Specifically, a lawyer can help you understand how likely it is you will see the sort of results you would like to see.
Financial Implications of Suing Your Employer

Next, your cost-benefit analysis should consider the financial costs of suing your employer. A successful lawsuit can result in lost wages, compensatory damages, and payment of your attorney’s fees. In some situations, you could recover punitive damages as well.  Of course, there are some cases where you might be responsible for the employer’s fees and costs if you file a lawsuit and lose.  These are issues an experienced employment lawyer can discuss with you.
Employment law attorneys generally work on either an hourly basis or a contingency basis. If your lawyer charges an hourly fee, you can expect to pay a retainer upfront and make regular payments as your case goes on. You may be able to recoup these fees at the end of your case.
Attorneys who work on a contingency basis do not charge any retainer or upfront fees. Instead, they receive a portion of your recovery at the end of your case. If they do not obtain compensation for you, you do not owe any fees. 
Emotional and Professional Considerations
When deciding whether to sue your employer, you should also consider the emotional and professional toll that litigation can take on you and your family. 
A lawsuit can be stressful for you and your loved ones. This stress increases as court hearings and your trial date nears and can potentially lead to anxiety, sleeplessness, and difficulty concentrating at home and at work.
Beyond this, news of your lawsuit can spread among your colleagues in the industry. You might notice that some individuals who associate freely with you are more reserved and hesitant to do so.  
These considerations should not dissuade you from exercising your legal rights. However, you will want to be prepared for these potential consequences and work with your Florida employment law attorney on strategies to mitigate their effect.
The Impact on Future Employment Opportunities
Initiating a lawsuit against your employer can also affect your future employment prospects. Word of your lawsuit may spread to other potential employers, especially if your industry is close-knit or if your employer is particularly prominent. This could lead some potential employers to hesitate in interviewing or hiring you.
This potential consequence can be effectively mitigated by working with an employment law attorney to discuss whether litigation or a confidential pre-suit process is better suited to your needs and goals.  
What Is the Legal Process for Suing an Employer?

Your decision to sue your employer begins with drafting your complaint, which is the legal document that outlines your grievances. This gets filed with the court and served on your employer. Your employer then has an opportunity to respond to your allegations in writing. These initial steps can take two to three months to complete.
Next, there will be several case management conferences and status hearings at which you and your employer will identify the issues in your case. During this phase, you and your employer will also exchange information in a process known as discovery. This is where the facts of the case get developed.  
It is typical for one or both parties to try to obtain a dispositive ruling from the court that resolves the case in their favor during this stage. In all, this phase typically lasts several months.
If the case continues past this second phase and no settlement is reached, your case will eventually proceed to trial. As the one bringing the lawsuit, you and your lawyer have the burden of proving your claim is more likely true than not. If you do so, you will prevail, and appropriate damages may be awarded. A case can take several years to get to trial, depending on how busy the court is and the issues present in the case.
Alternatives to Litigation
In considering whether to bring suit against your employer, remember that there are ways to resolve workplace disputes besides taking the matter to court. 
For example, most employers offer some internal grievance resolution process. This could involve a formal complaint made to your human resources department that is then addressed internally. Alternatively, it could be as simple as an informal meeting with your manager.
A lawyer can also prepare an informal pre-suit demand package for you, inviting the employer to consider the issues and negotiate a far resolution before litigation is initiated.  
Arbitration is another alternative to traditional courtroom proceedings. With this process, you and your employer submit arguments and evidence to a third-party arbiter. After reviewing the parties’ submissions, the arbiter enters a judgment resolving the dispute. 
Mediation is yet another potential way to resolve your workplace dispute short of a trial. The parties select a third-party mediator who then fosters a discussion between the two sides. The goal is to reach a resolution to the dispute that both parties feel addresses their concerns and resolves the complaint fairly.
Each of these forms of dispute resolution has advantages and disadvantages. They are often less costly and less confrontational than a traditional lawsuit. You are not as likely to face professional or other repercussions, and your efforts to resolve the issues you have with your employer are often confidential.
However, there may be costs and fees associated with hiring a mediator or arbitrator. Moreover, if the statute of limitations expires while you are trying to negotiate a resolution to your claim, you may be left without any legal recourse. You will likely need to file a lawsuit if the statute of limitations is close to expiring, even if your intent is to avoid trial.
Being honest with your lawyer about your goals will help your attorney properly advise you of the options that are available to you to reach your objectives.
When to Talk to an Attorney
An attorney’s assistance and advice are crucial in helping you make an informed decision about filing a lawsuit against your employer. The sooner you speak with an attorney, the more time you have to consider your options and answer the question, “Is it worth suing your employer.” 
If you decide to file suit, having retained an attorney quickly means that your lawyer has a greater chance of securing favorable evidence to help your claim.
Wenzel Fenton Cabassa has the experience and resources to help you protect your rights. We can assist you in deciding whether to sue your employer for:

Hostile work environments
Discrimination
Whistleblower retaliation
Sexual harassment
Wrongful termination

Whether through a settlement or litigation, Wenzel Fenton Cabassa is committed to helping you get the legal redress you deserve for your employer’s misconduct. Contact us today.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### At-will Employment and Wrongful Termination - Florida Employee Guide
Employees often have questions about at-will employment in Florida, such as:

“Can you be fired for no reason in Florida?”
“Is Florida an at-will employment state?”, or
“Can you sue for being fired in an at-will state?”

If you’ve recently lost your job due to no fault of your own, it is important to understand your workplace rights and the difference between “at-will” employment and wrongful termination to better build your case.
At-Will Employment vs. Wrongful Termination in Florida: What’s the Difference?
At-will Employment 
Florida is an “at-will” state. What this means is that absent contractual limitations to the contrary, an employer can fire an employee for any reason or no reason at all without advance notice as long as the termination is not for an unlawful reason. “At-will” employment in Florida also means that absent contractual limitations to the contrary, you can leave a job, and the employer cannot take legal action against you for doing so.
Additionally, “at-will” employment in Florida allows employers to demote you, cut your hours, change your job duties, or transfer you without cause — as long as the action does not violate employment laws. You may feel that a demotion or getting your hours cut at work is unfair, but that does not necessarily mean it is illegal. However, working in an “at-will” state does not give your employer the leeway to take any and all actions that they want at any time.
There are laws in place that offer comprehensive protection to employees. For example, if an employer violates federal or state laws when they fire you, you can sue them with the help of an employment law attorney.
Wrongful Termination
There are various actions by employers that may be considered “wrongful termination” which is often the term you may hear but really boils down to an “unlawful termination.” These include violations of the Title VII of the Civil Rights Act, such as Race Discrimination, Sex Discrimination, and Religious Discrimination.
Additionally, other employment laws protect workers from wrongful termination in Florida. For example, if you take time away from work to have a baby under the Family Medical Leave Act (FMLA), and your employer fires you, you may have a case. Whistleblowers have protections under Florida’s Private Whistleblower’s Act and Florida’s Public Whistleblower’s Act against wrongful termination as well. Additional laws that may apply to your case include the Age Discrimination in Employment Act (ADEA), Fair Labor Standards Act (FLSA), Pregnancy Discrimination Act, and the American Disabilities Act (ADA).
Did you file a workers’ compensation claim and then subsequently terminated from your job? You may have a case against your employer. Complaining about unpaid wages or overtime can also cause difficulty at work. Your employer may retaliate against you in several ways, including demotions, loss of benefits, changes in schedules, or even wrongfully terminate you.
Even though employees must contend with Florida “at-will” employment laws, multiple federal and state laws protect employees against wrongful termination.
Do You Believe You Have Been The Subject Of A Wrongful Dismissal In Florida? Take Action.
Employees have the right to sue their employer even with “at-will” employment in Florida. There are multiple things you can do when your employer violates your rights. Gathering any relevant documentation is an important part of building a case of wrongful termination.
Depending on your situation, documentation that can be helpful to your case includes:

Employee handbooks and other employment policy documentation
Paystubs, schedules, employee reviews
Relevant emails, memos, or letters
Text messages, videos, or other documentation relevant to your case

For example, if you believe you have been wrongfully terminated because you complained about sexual harassment, saving any documentation such as offensive emails, texts, or images sent to you can be important to your case.
Documenting the situation in as much detail as possible – whether you were fired due to complaining about sexual harassment, filing a workers’ compensation claim, complaining about unpaid overtime, or other situations – is a powerful action you can take toward getting justice.
Wrongful termination causes upheaval in careers, creates undue stress, and can affect families as well. If you feel your employer has violated your employee rights, consult with an employment law attorney to determine if you have a case.
Florida Employment Law Attorneys Fighting for Justice for Employees
Florida “at-will” laws do not allow employers to discriminate or take any other illegal actions against their employees. Know that you still have legal rights in the workplace with “at-will” employment in Florida.
Wenzel Fenton Cabassa, P.A. has helped thousands of employees across the state seek justice and hold employers accountable for illegal actions. We do everything in our power to help employees get the justice they deserve.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### AT&T Overtime Wages Lawsuit
Unpaid overtime wages is a common problem, and a class action lawsuit recently filed against AT&T in California shows how pervasive it can be.
The lawsuit accuses the telecom giant of failing to pay overtime to training specialists. Those employees say they often worked long hours and weekends but did not get their overtime pay because AT&T misclassified them as being exempt from overtime pay.
Not paying required overtime is a violation of the Fair Labor Standards Act.
At Wenzel Fenton Cabassa, P.A., our labor law attorneys fight violations of the Fair Labor Standards Act (FLSA), seeking just compensation for unpaid overtime wages.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Bad Bosses: 4 Workplace Horror Stories You’ll Never Forget
Employment discrimination and harassment can be downright scary at times. From physical and verbal abuse to sexual harassment to disability discrimination, many cases of abuse can double as horror stories.
Here are 4 frightening accounts of employee mistreatment at work.
1. Being in a Bad Mood Is No Excuse for Your Boss to Abuse You
Workplace abuse and bullying can come in many forms, but it can be especially disheartening when your boss is the one who is participating in the demeaning behavior. Regardless of whether your boss is in a bad mood or not, abuse should not be tolerated.
Here’s an example:

Cindy was a personal assistant to the CEO of a prominent advertising firm. One of her daily responsibilities was to bring her boss a piping hot cup of coffee first thing every morning. But he would rarely drink his coffee right away; sometimes he would let it sit for an hour. When he finally took a sip, he would storm out of his office complaining about the “cat piss” he was drinking. He would then verbally berate Cindy for her incompetence and would proceed to pour the cup of coffee on all of the documents and papers in her inbox. After a while, Cindy had enough and quit her job.

 
2. No One Is Beyond Reproach When It Comes to Sexual Harassment
Your boss, co-worker, or client may tell you that you have no chance of winning a sexual harassment suit because they have more money to hire the best lawyers. No one is above the law, and you shouldn’t feel helpless because you may not be coming from a position of power.
Here’s an example:

Rachel had a great working relationship with one of her clients, so when he had an innovative idea for a startup, she eagerly jumped onboard to serve as vice president. However, it didn’t take long for her new boss to begin sexually harassing her by planning business trips to Europe that he used as a means to proposition her. He thought he was beyond reproach because he was quite wealthy and “could hire the best lawyers money could buy.” For Rachel, the last straw was when her boss set up a fake customer meeting in his hotel room and didn’t mince words when he cornered her and said, “Stop fighting it and just spend the night.” She rushed out of his room and didn’t look back, hopping on a flight back to the U.S. early the next morning.

 
3. Disability Discrimination Leads to a Hostile Work Environment
Discriminatory actions go beyond simply terminating an employee; they can devolve into creating or allowing a hostile work environment. Employers have to make reasonable accommodations for their disabled employees or risk breaking federal laws enforced by the Equal Employment Opportunity Commission (EEOC).
Here’s an example:

Brian was hired to be a web designer for a product manufacturing company, but his responsibilities quickly grew to include office manager, IT support, and receptionist without his consent and with no additional pay. Shortly after that, he was in a serious car accident and was told by his boss that he had to return to work in a month or he would lose his job. Despite suffering from severe chronic pain, he returned, but he could not work as fast as he did prior to the accident. His boss began to bully and harass him, which led Brian to become severely depressed, so he went to see a psychiatrist who suggested that Brian should apply for temporary disability. On his first day of disability leave, Brian was fired by his boss.

 
4. Race Discrimination Rears Its Ugly Head
Employment discrimination can come in many forms, but in the case of race discrimination, it often boils down to being denied a promotion, demoted, or wrongfully terminated on the basis of your color, creed, national origin, or race.
Here’s an example:

Despite being more qualified than the competition, Javier was repeatedly passed over for promotions at one of the largest accounting firms in town. After the third time, he asked his boss if he could speak with him so that he could find out if there were anything he could work on to improve his chances of being promoted. Although his boss had been apprehensive about hiring Javier, he reluctantly agreed to bring him on board after Javier had received glowing reviews from the other two managers on the hiring committee. Javier’s boss had gone out of his way to avoid dealing with Javier, but during their meeting, the truth came out. Javier was shocked when his boss bluntly stated that Javier would never be promoted under his watch. Javier asked why, and without hesitation, his boss said that he couldn’t match the work of his peers because of his heritage and upbringing.

At Wenzel Fenton Cabassa, P.A., we’ve heard our fair share of workplace horror stories, and we take employee discrimination and workplace harassment very seriously. To find out more about this topic, download our free Guide to Understanding Employment Discrimination.
 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Bad Bosses: How Employers Retaliate Against Employees
Workplace retaliation can come in a number of different forms. The most obvious is being fired after engaging in a protected action such as complaining about discrimination in the workplace. But workplace retaliation isn’t always that straightforward. Some forms are so subtle employees don’t realize what is going on until it escalates to a condition they can’t ignore.
What exactly can your employer get away with? What acts are simply bad management and what acts rise to the level of illegal retaliation? Here are some things to look for:
Is My Employer Retaliating Against Me?
Before we touch on the most common types of employer retaliation, know that a couple of distinct facts must be established if you are going to be successful with a retaliation claim.

You must have participated in a protected action. This could mean blowing the whistle on illegal activities or unfair pricing or turning in someone for something like sexual harassment or race discrimination. If you participated in some form of litigation or investigation of unlawful activity, opposed unlawful activity or performed an action required by law (such as the mandatory reporting of child abuse in a hospital setting), you may have engaged in protected activity. It is not enough that you “thought” employer activity was illegal or you were about to complain, or that you are simply a member of a protected class (based on, for example, your age, sex, race etc.)
Your employer must be aware that it was you who reported the action. Knowing it was reported but not knowing who did it means any negative employment actions you’re experiencing may just be coincidental and you will have to know why to link the two unless you can show employer knowledge. Your employer needn’t be made aware through official means (like filing a report with HR) but you will need to be able to show that person knew it was you, even if only through office talk or emails.

Examples of Retaliation
Here are a few of the most common ways employers retaliate against their employees outside of firing. However, please note that this is not a complete list. Just because it’s not listed here doesn’t mean the way your employer is acting isn’t retaliation. If you meet the above criteria, and your job is being negatively impacted for no reason, it’s likely you are suffering from retaliation but you should speak with an employment attorney to confirm.
It may be retaliation if:

You have been written up for multiple things that you either did before with no negative impact or others are doing them and no one is reacting to them. For instance, you’re being written up for being late when you have a flexible start time or you’re being singled out as tardy when others are consistently coming in after you.
You have been passed over for a promotion that you are qualified for and someone with lesser qualifications received it.
You are removed from working on a high profile project (one that positively impacts your career) for no apparent reason.
You have been demoted for no reason.
You were transferred to a new department with no warning “just because” and that transfer will negatively impact your career.
You are not receiving key information necessary to do your job when others are.
Key meetings are scheduled and you are not invited, although you were previously. Your peers are invited.
You are informed you are no longer eligible for a promotion or working on a key project for no reason, other than management discretion.
You are asked to resign with no information other than the team is now “questioning your loyalty.”
Management asks your co-workers not to share vital information with you that is critical to your job. They may even be told you are not a team player.
You receive a bad review with little information as to why you received poor marks. This is particularly suspect if prior reviews have been stellar and management has not spoken to you about performance issues.

As mentioned earlier, this is not a complete list. These are only examples. If you think your employer is retaliating against you, contact someone who understands the intricacies of employment law.
Want to learn more about workplace retaliation? Download our free eBook below.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Balancing Work with Treatment a Possibility for Cancer Patients
Often a diagnosis like cancer leads people to quit their jobs to focus on their health. But sometimes, cancer handled more like a chronic illness.
According to an article in U.S. News & World Report, there are more than 13 million cancer survivors in the United States. Some deal with lingering medical issues. And while the health care system is working to handle these needs, employers need to be aware of this shift, too.
Years ago, most people facing cancer sought disability leave. Now, many would rather work during their treatment, if possible, the report states.
According to the report: Data from nearly 400 metastatic breast cancer survivors collected for the Cancer Support Community shows that – out of​ about 7,500 people affected by cancer – 50 percent of those who left their jobs after their cancer diagnosis did so involuntarily.
“Even among those who continued to work, 12 percent experienced ‘involuntary changes to their work schedules,’ like a reduction in work hours, and about 20 percent reported some kind of job discrimination,” the report states.
Cancer patients and survivors often deal with stigmas, such as the perception that they are weak or unreliable. Many cancer survivors don’t realize they do not have to disclose their condition to their employers, according to the report.
At Wenzel Fenton Cabassa, P.A., our labor law attorneys have experience in fighting for employees who are entitled to protection under the Americans with Disabilities Act.
The Americans with Disabilities Act (ADA) protects cancer patients and survivors – among others – against workplace discrimination. And it requires employers to provide “reasonable accommodations” for the employees, whether that is an altered schedule or task.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Bathroom Access an Issue for Transgender Employees
Why Transgender Employee Rights Matter
Transgender employees across the U.S. continue to face workplace discrimination, with one of the most pressing issues being access to bathrooms that align with their gender identity. Denying proper bathroom access can create unsafe, hostile, or humiliating work environments, which not only impacts employee well-being but can also expose employers to discrimination claims. 
According to the National Center for Transgender Equality, 90% of transgender people surveyed reported harassment or mistreatment at work, and 25% said they had been denied access to appropriate bathrooms.
Federal Protections Under Title VII
Several federal agencies, including the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ), interpret Title VII of the Civil Rights Act of 1964 to prohibit workplace discrimination based on gender identity. This interpretation means employers who restrict transgender employees’ bathroom access could face legal consequences under federal law.
Florida Law & Local Context
In Florida, transgender workers do not currently have explicit state-level legal protections. However, many cities and counties have adopted their own nondiscrimination ordinances. For Tampa and the surrounding areas, this remains an evolving issue.
For employees, this highlights the importance of understanding both federal protections and local laws. For employers, it underscores the risk of potential lawsuits and reputational harm if policies exclude or target transgender workers.
Workplace Impact: Studies & Statistics
The lack of inclusive policies affects more than bathroom access. According to a Chicago Tribune report, nearly one-third of transgender employees have lost a job because of their identity.
Exclusionary practices not only harm workers but also lead to higher turnover, lower productivity, and greater legal liability for businesses.
Protecting Your Rights
If you are experiencing workplace discrimination, including being denied bathroom access consistent with your gender identity, you have the right to take action. Employers must create a safe, nondiscriminatory environment for all workers.
Our employment law attorneys at Wenzel Fenton Cabassa, P.A., fight for fairness and equality in the workplace. Contact us for a confidential consultation today.
FAQs on Transgender Employee Rights
Can my employer deny me bathroom access based on gender identity?
Under federal interpretations of Title VII, denying bathroom access aligned with gender identity may constitute illegal discrimination.
Does Florida law protect transgender workers? 
Florida does not have statewide protections, but federal law applies, and local ordinances may provide additional safeguards.
What should I do if I’m denied proper bathroom access at work? 
Document the incident, review your employer’s policies, and consult with an employment attorney to discuss your rights and legal options.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Be Prepared: What to Expect for Overtime Laws in 2019
Have you heard what’s coming in 2019? FLSA overtime laws may very well be changing next year — which could affect the paychecks of millions of workers across the country. It’s quite possible that more people will be eligible for overtime pay than ever before.
As advocates for employee rights, Wenzel Fenton Cabassa, P.A. wants to make sure you have the information you need about overtime laws that can have a big impact on your paycheck.
What’s Happening with the FLSA and Overtime Pay?

The U.S. Department of Labor (DOL) is planning to develop a new FLSA overtime rule in 2019 that would raise the salary requirement that determines whether an employee is exempt from getting paid overtime. In order for an employer to avoid paying an employee an overtime premium for hours worked over 40 in a workweek, it must show that the employee meets a duty and salary test. The types of employees who qualify as exempt from overtime based on the duties they perform are:

managers,
computer specialists, and
other professional and administrative positions that have authority over at least two full-time workers

The Fair Labor Standards Act (FLSA) currently has the salary threshold set at:

More than $23,660/year or
More than $455/week

After an attempt in 2016 during the Obama administration to raise the level to $47,476 per year was delayed by a federal judge for the U.S. District Court for the Eastern District of Texas (and then denied by the current administration), the current DOL is scheduled to propose a new threshold in March 2019. This change in the overtime rules is probably going to be somewhere in the middle of the current status and the previous attempt:

Between $32,000 – $35,000

The change in FLSA overtime laws, if set in place, could allow many more U.S. workers to be taken off the exempt list and attain eligibility for additional pay. And, it is still possible for the judiciary to allow the $47,476 to go through. That rise in the cap could make up to 4 million salaried employees be eligible for overtime.

What Does This Mean?
Knowledge of overtime laws is important for workers across industries. When the new FLSA overtime rule comes into effect, it is important to keep track of any overtime hours you work and keep an eye on your paycheck. You may be entitled to much more money than you are currently taking home.
 
Know Your Legal Rights in the Workplace
Employers are going to be watching any coming changes to overtime laws — and employees should too. Often, employers will either mistakenly or even intentionally misclassify employees as exempt from overtime when they legally qualify for it under the FLSA overtime rule.
Wenzel Fenton Cabassa, P.A. are experienced employment law attorneys working hard every day to fight for employee rights. From holding employers accountable for overtime laws to protect employees from workplace discrimination, wrongful termination, retaliation, bullying and much more, we are here to help.
If you are currently experiencing or have experienced a violation of your rights at your workplace, set up a free confidential case evaluation. We’ve helped thousands of employees get workplace justice — through passion, diligence, and a relentless energy for pursuing employee rights.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Best Lawyers in America 2016
Wenzel Fenton Cabassa, P.A. congratulates one of the firm’s own attorneys who received recognition for excellence in Employment Law.
Matthew Fenton was recently named Tampa Employment Law – Individuals “Lawyer of the Year” in 2016 by one of the oldest and well-respected peer-reviewed publications The Best Lawyers in America©.
Matthew K. Fenton has been a member of the Florida Bar Association since 1994, and actively participates in the legal field as a speaker on employment law topics and author of numerous contributions and publications such as the American Bar Association’s practice guide “Litigating the Workplace Harassment Case.” Fenton is also a lifelong resident of Florida and member of the National Employment Law Association, Tampa Bay Trial Lawyers Association, and Florida Justice Association. In addition, he has been continuously included in Best Lawyers® since 2009.
Since its first publication in 1983, Best Lawyers® magazine lists have since been compiled after close evaluation and extensive investigation by a committee. Nearly 80,000 legal attorneys across the globe qualify and are encouraged to vote for top lawyers among their peers. This year over six million votes were used to select lawyers by location, area of legal expertise, and type of legal practice. As a result, tens of thousands of lawyers and firms were named for excellence in 2016 worldwide.
Best Lawyers® was established to help connect people in need of legal services to good lawyers recognized for legal expertise and proven capabilities. This honorary award is less about competition and more about defining a clearer path to justice by connecting people in need of legal assistance to a lawyer they can trust.
When choosing an attorney to assist with your employment law needs, it’s good to know you are working with a good lawyer. Wenzel Fenton Cabassa, P.A. and its legal experts take pride in their continuous efforts to remain at the forefront of employment law with legal integrity and excellence in practice. This employment law firm is ready and willing to take on the next challenge and invites anyone in need of legal services to entrust their case to an attorney with proven expertise and success with practice.
If you believe your employee rights have been violated as the result of unpaid wages, discrimination, or misclassification, the employment law experts at Wenzel Fenton Cabassa, P.A. are here to get you through the issues. Let us work with you, and get to the bottom of your case.
SOURCES
Best Lawyers 2016




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Beware of Worker Misclassification with Subcontractors
Have you been incorrectly classified as a contractor? If you work in the construction industry for subcontractors either by taking on jobs when they need you or working full-time, beware of how they classify you. The job title they assign you could mean less money in your pocket and if you are misclassified as an independent contractor, more likely than not, you are not being paid overtime to which you may be entitled as a properly classified employee. Unfortunately, this type of cost cutting happens all of the time.
Misclassification Leads to Thousands in Unpaid Wages
The US Department of Labor recently ordered Electrical Contracting Company of Norfolk to pay $87,000 worth of back pay and overtime to several employees who worked on a school project. They were misclassified as “general laborers” instead of electricians, which allowed the company to pay them at a lower rate.
An investigation found that these workers were owed much more including the additional wages, unpaid overtime, and health and welfare fringe benefits. These positions were governed by the federal Davis-Bacon Act, a stipulation on the $6.5 million the school system received to help build the new Page Middle School, and the job title assigned to the workers resulted in a significantly lower hourly rate.
The wages were ordered to be paid in January and have since been paid in full. Since this is the company’s first noted violation, their license was not suspended.
When projects of this magnitude are awarded and paid — at least in part — with federal funds, the government requires federal minimum wage regulations as well as prevailing wage determinations be included. Failure to adhere to these stipulations can be costly for the subcontracting company.
This is not a question that can be answered without a thorough investigation. That is, why, if you think there’s a possibility you were not paid correctly, you should seek the help of a seasoned employment attorney.
 
There are a number of areas in which you could be owed money.
 

Your position may have been incorrectly classified at a lower pay grade.
Your hours may have been incorrectly calculated.
You may have been paid “off-the-clock” so that your work hours would remain under forty (40) per week.
You may not have received the benefits you were eligible for or you could have been incorrectly classified as an independent contractor.

 
Speaking with an attorney will help you understand the full potential of what your employer may have withheld.
Your wages should not be impacted by a company’s efforts to cut costs and the construction industry is particularly susceptible to these sorts of illegal practices. Big companies often count the fact that employees and “subcontracted employees” may not know their rights under the law and will not do anything to challenge their practices. But you’re not alone.
If you believe there are some unscrupulous payment practices occurring on your current job or in any of your previous positions, seek legal advice from a knowledgeable employment law attorney who can help you get to the bottom of things.
Contact someone with your rights in mind. From unpaid wages to employee misclassifications, Wenzel Fenton Cabassa, P.A. can help. Call us today to discuss your potential case. The initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Bias in Tech: Understanding Discrimination and Your Rights
The tech industry is often portrayed as a space for innovators and forward thinkers. However, beneath this progressive image lies a persistent and troubling reality: bias in tech continues to hinder equal opportunities for many professionals. Discrimination against specific demographics remains prevalent, leading to disadvantages such as being overlooked for leadership roles, pay disparities, and limited growth prospects within organizations.
The Equal Employment Opportunity Commission (EEOC) recently released a 2024 report titled "High Tech, Low Inclusion," which delves into the persistent inequalities within the tech sector.
EEOC Report Highlights Unequal Opportunities in Tech

The EEOC report reveals a concerning picture of the discrimination many individuals face in tech careers. It highlights the daily struggles experienced by women and minority workers, painting a compelling narrative through data.
Despite diversity initiatives by large tech companies, progress has been slow, with representation still needing to catch up. Perhaps the most striking finding is the glaring need for more diversity at the leadership level. Women and minorities are significantly underrepresented in these positions. According to the report, women constitute less than 23% of the total high-tech workforce, while the number of black people in technology, regardless of gender, is even smaller. Overall, white males continue to dominate the industry.
The report also underscores the imbalance in professional growth opportunities. Women and minority workers are frequently passed over for promotions and excluded from major projects, perpetuating the cycle of inequality. The pay gap between men and women remains an issue, with women often earning considerably less than their male counterparts for the same roles.
The barriers to inclusion that should have been addressed over the past decade persist, indicating that the industry still has much work to do to create a level playing field.
Racism in Tech: Recognizing the Signs
Racism in the tech industry—and any industry, for that matter—is not always overt. It often manifests subtly, making it just as damaging as explicit forms of discrimination. Recognizing these signs is crucial for individuals who feel treated unfairly. Common examples include:

Microaggressions: Subtle, indirect comments or behaviors reflecting a racist attitude.
Exclusion: Minority employees are often excluded from significant projects or leadership roles without explanation.
Lack of Promotion: Qualified minority workers are overlooked for promotions, often favoring less qualified white colleagues.
Discriminatory Pay Practices: Minority workers may be paid less than white coworkers with the same experience and skills.

Recognizing these forms of racism is the first step toward addressing them. If you suspect discrimination based on race, document evidence and seek support from organizations specializing in workplace rights.
Gender Discrimination in Tech: Barriers for Women
Despite significant progress toward workplace inclusion over the past century, women in tech still face substantial challenges. Historically, what was the role of women as industry increased? Women played a crucial role in the early development of computer science and programming, yet today, they remain underrepresented in the industry.
One major obstacle for women is the “glass ceiling”—an invisible barrier preventing career advancement to higher-paying and senior-level positions. Even when they possess the required experience and qualifications, women often find themselves passed over for promotions given to male colleagues, even if those men are less qualified.
This issue is particularly prominent in male-dominated fields, including tech. Women’s impact in tech still faces bias and work cultures that favor hiring men for leadership roles. Moreover, the gender pay gap remains significant, with women frequently earning less than men in equivalent positions. This disparity is even worse for women of color, who must navigate both gender and racial discrimination.
To combat gender discrimination in tech, women should educate themselves on their rights, as protected by employment laws. Companies that pay women less or treat them unfairly can be held accountable under federal and state laws. Women experiencing discrimination are encouraged to consult a lawyer and file a complaint with the EEOC.
Age Discrimination in Tech: A Growing Problem
Ageism is another issue plaguing the tech industry. Workers over 40 are often perceived as needing help adapting to the field's fast-paced nature. This stereotype can lead to their exclusion from many opportunities. Age discrimination, however, is both unfair and illegal.
Older workers may face:

Hiring Bias: Companies may favor younger employees, assuming they better grasp technology.
Layoffs and Forced Retirements: Older employees are often among the first to be laid off or encouraged to retire early.
Limited Career Advancement: Promotions often go to younger colleagues, even when older workers possess greater experience and skills.

The EEOC’s report highlights the prevalence of ageism in the tech sector. Workers over 40 are protected by federal law from age-based exclusion or mistreatment, making it essential for affected individuals to know their rights and take action if necessary.
Legal Rights and How to Seek Help
Workers in the tech industry facing discrimination have several options to protect their rights. Start by documenting any discriminatory behavior to build a case, whether it involves race, gender, or age. Recording incidents, emails, performance reviews, and conversations can provide valuable evidence.
File a Complaint With the EEOC
The EEOC enforces anti-discrimination laws in the workplace. Filing a “charge of discrimination” will prompt an investigation, potentially leading to legal action against the employer. The EEOC also offers mediation services to resolve disputes outside of court.
Key Anti-Discrimination LawsSeveral laws protect workers from discrimination, including:

Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, sex, religion, etc.
The Equal Pay Act of 1963 (EPA): Requires equal pay for equal work, regardless of gender.
The Age Discrimination in Employment Act of 1967 (ADEA): Protects workers over 40 from age-based discrimination.
The Americans with Disabilities Act (ADA): Prohibits discrimination against people with disabilities.

If your employer violates these laws, you can file a claim and pursue legal action. You contribute to a more inclusive workplace by standing up for your rights.
Take Action Against Bias in Tech
Discrimination remains a significant challenge in the tech industry, limiting opportunities for many individuals. If you have faced bias or unfair treatment, know you have the right to seek help. Understanding your rights and taking proactive steps can protect your career and contribute to broader efforts for equality in tech.
Raising awareness, advocating for yourself, and seeking legal assistance can challenge discriminatory practices and inspire positive change. While the push for equality in tech continues, discussing and addressing unfair practices helps pave the way for a more inclusive industry.
If you’ve experienced discrimination, you don’t have to go through it alone. Employment law attorneys at Wenzel Fenton Cabassa, P.A. offer free, confidential case evaluations to help you protect your rights and pursue justice. Contact us today to take your first step toward a fairer workplace.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Bullying at Work: What Is It & Is It Legal?
Employers should provide a safe working environment for all employees. Unfortunately, that does not always happen. Bullying at work is a big problem in the state of Florida and across the United States. It happens across industries and at all levels.
But what is bullying at work – and is it legal?
Not all activities that may be considered bullying constitutes illegal behavior.
What is Bullying at Work?

Bullying at work can include a variety of behaviors. Generally, it does not include physical violence but encompasses emotional and psychological abuse. The Workplace Bullying Institute (WBI) defines workplace bullying as “a systematic campaign of interpersonal destruction that jeopardizes your health, your career, [and] the job you once loved.”
Some of the specifics of what can occur when a person is a victim of bullying at work include:

Actions aimed at a person that are intended to humiliate, intimidate, or threaten
Actions that are specifically targeted to interfere with the person’s ability to perform the duties of their job
Consistent patterns of verbal abuse

The indications of bullying at work are quite diverse. To further understand if you may have been the target of workplace bullying, it is important to discuss common situations associated with it.
Do you feel constantly agitated at work or feel ill or nauseated on the way to your job? Have you had other health problems, including stress-related issues? Are you upset at an inability to control what happens to you at work?
If so, you may be dealing with a hostile work environment and/or workplace discrimination. An employment and labor law attorney is an expert in employee rights and bullying at work. They fight for the right for people to have a safe workplace.

When is Bullying at Work Illegal?
As mentioned above, not all behaviors that people may consider bullying at work are illegal. There are federal and state laws that are in place to hold employers accountable for varying types of abusive behaviors if employees were specifically targeted due to:

Sex
Race
Pregnancy
National Origin
Religion
Disability
Age
Whistleblowing
Worker’s Compensation Claim Filing

If you are currently experiencing bullying at work, know that you do not deserve it. You may have a case of a hostile work environment or workplace discrimination against your employer, and it is advisable to consult with an employment and labor law attorney.
The Equal Employment Opportunity Commission (EEOC), a division of the federal government’s Department of Labor, administers and enforces civil rights laws against workplace discrimination. These federal laws include Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).
The state of Florida also protects workers from workplace discrimination. The Florida Civil Human Rights Act of 1992 (FCRA) prohibits discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.
Bullying at work can have devastating, long-lasting consequences to your career, your health, and your personal and family life. If what you have gone through equates to illegal behavior, you have a legal right to hold your employer accountable. You may be qualified to receive monetary damages for enduring bullying at work and deserve a safe workplace in a career that you love.
 
Wenzel Fenton Cabassa, P.A. Stands Up to Bullies and Fights Hard for Employee Rights
As dedicated employee rights attorneys, Wenzel Fenton Cabassa, P.A. knows how to stand up to bullies. We take the lead for employees that have had to deal with bullying at work and ensure your voice is heard in the fight for a safe workplace.
Have your civil rights been violated? Have you been bullied because of your race, sex, age, or another protected class? If you have had to deal with abusive behavior and a hostile work environment due to bullying, know you do not have to go through this alone. We act as your legal advocate and are aggressive in holding employers accountable for illegal behavior that impacts employees and their families.
Contact Wenzel Fenton Cabassa, P.A. today to set up a free case evaluation today. We have offices across Florida in Tampa, Orlando, Miami, Sarasota, Jacksonville, St. Petersburg, and West Palm Beach.
You do not have to put up with bullying at work any longer. We are here to help.
* Wenzel Fenton Cabassa, P.A., is a contingency law firm. We are paid only if we obtain compensation for you. This means, “No win, no pay!” When you meet with an employment lawyer, there is no risk or obligation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### California Removes "Alien" from Labor Code and Stops $13 Minimum Wage Hike
Revisions to California’s Labor Code raise employee rights standards
Many strikes on large corporations begin with low wages. That’s because there is no protection to wages except the federal and state minimum wage. Minimum wage standards are set by states according to the economics found within each state. This figure greatly depends on the minimum wage each state sees fit, but does not necessarily depend on the cost-of-living.
Employers that violate the state minimum wage owe employees unpaid wages. For the most part, the federal government and individual states do not actually raise the minimum wage in relation to the true “cost-of-living” index, which takes into consideration local economic conditions according to city, such as housing costs, average grocery and fuel prices (goods), utility and insurance costs (services), and total household incomes.
Minimum wage is not a living wage.
Although the minimum wage set by the federal government was $7.25 as of July 24, 2009 then $7.79 as of January 26, 2013 under FLSA, some states require even higher minimums as they see fit. California is one of them.
When the minimum wage was raised back in 2009, California had already exceeded this figure with $8.00 per hour as the standard. Yet some say the minimum wage is not enough when taking into consideration the cost-of-living index. Now California’s minimum wage is $9 per hour with a $10 per hour wage set to be enacted into law on January 1, 2016.
Had a proposed bill to raise the California minimum wage to $13 been passed, this change would have jumped from $10 to $11 per hour on January 1, 2016, and $13 per hour on July 1, 2017. Instead, the bill was held by the state legislature in The Assembly’s Appropriations Committee.
When taking the “cost-of-living” index of each state into consideration, minimum wage is not a living wage in most states. A report on minimum wage requirements by Job Gap: An Alliance for a Just Society found that there are absolutely no states in the entire U.S. where the “living wage” or cost for the employee to independently survive was less than $14 an hour at 40 hours per week. This is alarming considering the national standard is almost half that number. In fact, there are more than 35 states including Washington, D.C. in which a $15 per hour minimum wage doesn’t quite make a living wage for a single employed adult. The $15 minimum wage figure is one that employers like the University of Washington in Seattle, Washington plan to match in 2016, which will raise wage standards for others to follow suit.
California will erase “alien” from the Labor Code.
Despite the setbacks for employees, states’, and even federal economics brought about by the halting of new minimum wage standards, foreign workers no longer need to feel excluded by the state Labor Code’s use of the term “alien” in California. After a law was signed by California state governor Jerry Brown, the word “alien” will be deleted from the labor code.
This bill to amend the wording in the California Labor Code was proposed by Tony Mendoza (D-Artesia) in Senate Bill 432. Senator Mendoza stated, “California is among the top destination states for immigrants in the United States…. Given the abundant evidence of their main contributions, it is imperative that any derogatory references to foreign-born individuals be repealed from state law.”
Do you believe you or someone you know is owed unpaid wages?
Minimum wage and unpaid wage disputes are some of the most common violations of employee rights. The employment law attorneys at Wenzel Fenton Cabassa, P.A. can help you with your case. Call for a free case evaluation today.
SOURCES:
Long Hours and Low Pay Leave Workers at a Loss
UW to raise minimum wage to $15 an hour

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can an employer deduct hours from my paycheck?
According to the Bureau of Labor Statistics, the average American adult spends 8.8 hours daily working – that’s more hours spent than those on sleeping and other household activities combined. What’s more alarming: 31 percent of all single-job employees work on weekends, as well. Is your employer giving you the proper credit for all your hours worked?
 
Hours Worked: Legal and Illegal Deductions
Unless an employee is of a minority worker group – i.e. under the age of 18 – Florida state employers aren’t required to provide lunch or rest breaks; however, many employers often freely offer such periods to ensure employees are fresh on the job.
It’s important to note that while some businesses offer the option to “punch out” for these breaks, others may use time clock software that automatically deducts an allotted lunch break or rest period from an employee’s hours worked.
The latter situation may become complicated if you’re an employee who works through a given break without taking time off. In that event, it is your responsibility to alert your employer to any additional time worked.
If you’re a Florida worker interested in your employee rights, get familiar with the following points on hours worked and deductions:

You are not required to take a lunch break under Florida law.
If your employer automatically deducts a lunch hour or break, he or she may only do so if you were actually “off the clock” and not engaged in work duties.
If you inform your employer that you worked during a deducted hour or period and the employer does not apply the time, you may be entitled to unpaid wages.

Consider these circumstances that may allow for a legal or illegal employee wage deduction.
Example of Legal Hourly Deduction: You used your employer’s time clock system to “punch out,” or the time clock system automatically deducted a break, during which time you engaged in non-work activities such as eating lunch in the employee break room or at another off site location.
Example of an Illegal Hourly Deduction: You used your employer’s time clock system to “punch out,” or the time clock system automatically deducted a break, during which time you engaged in work activities such as assisting clients. You informed your employer of the additional time worked, yet the time was not credited to your hours worked.
 
Questions on Overtime: What is a Legal Workday?
In addition to lunch break deductions, you may wonder whether your employer can subtract overtime hours from your paycheck. According to Florida Stat. 448.01, under Title XXXI: Labor, workers who exceed 10 hours of daily work are entitled to overtime pay.
Although some employers may provide written contracts establishing standard work hours or pre-approved hours, if your employer requires you to work more than a day’s time during a given period you are generally entitled to overtime wages.
If your employer knowingly deducted additional hours worked from your paycheck, he or she may owe you unpaid overtime.
 
Taking Action Against Unpaid Wages
You have a right to any unpaid wages. Under Florida Stat. 448.08 your employer may be responsible for your attorney fees, as well.
Take action today. Contact Wenzel, Fenton, Cabassa, P.A. for a free case evaluation regarding your specific employment wages.
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Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can an Employer Deny You Unpaid Time Off?
State laws differ when it comes to unpaid time off for employees. Frequent requests for unpaid time off can interfere with an employer’s business. But whether you are heading off for a family vacation or need to attend a child’s school event, it can be deeply frustrating to have a boss deny your request for unpaid time off. A denial likely leaves you wondering, “Can an employer deny unpaid time off?” Unfortunately for Florida employees, Florida has no state laws requiring an employer to request unpaid time off work. However, this does not necessarily mean denying unpaid time off is legal.Several situations make you legally eligible for unpaid time off from work. If your work arrangement or reason for taking time off meets specific criteria, a denial from your employer might violate your rights.
Understanding Unpaid Time Off Rights in Florida
The freedom to take unpaid time off work directly impacts an employee’s and their family’s quality of life. At the same time, it can be difficult for an employer to keep a business efficiently running if employees are free to leave work frequently.Federal and state laws regulate the legalities surrounding when and why an employee has the right to take unpaid leave to balance the needs of employees and employers alike. The most impactful law that protects employees regarding leave is the Family and Medical Leave Act (FMLA). However, there are also a handful of other situations in which Florida employees are entitled to take time off without pay.
Federal Laws on Unpaid Time Off
Federal FMLA requirements primarily define Florida’s laws regarding unpaid time off for employers. It outlines the specific situations in which an employee has the right to take unpaid leave without fear of losing their job or facing other forms of employer retaliation.
FMLA is primarily concerned with granting unpaid leave in situations related to the health of an employee or one of their family members. Unpaid leave under FMLA is primarily concerned with illness, pregnancy, and the birth or adoption of a child.
Florida Laws on Unpaid Time Off
Florida law does not require employers to provide employees with paid or unpaid vacation. Similarly, employers in Florida are not required to provide employees with unpaid time off for holidays, bereavement, or voting.
However, Florida law protects employees’ rights to unpaid time in certain situations. Employers must grant time off if an employee is summoned for jury duty. State law also requires employers to allow domestic abuse victims up to three unpaid days off each year for medical, legal, or personal reasons related to domestic violence or abuse.
Finally, Florida employers must also respect the terms of their employment contracts. If an employee’s contract specifies that an employee has the right to unpaid time off, Florida employees must honor a request for time off or demonstrate how such a request does not meet the contract’s terms.
Denial in Detail: Can an Employer Deny Unpaid Time Off?

If an employer denied your request for time off without pay, your first question is probably, “Can you be denied unpaid time off in Florida?” Given Florida’s limited laws regarding an employer’s right to unpaid time off, you must consider the situation to understand whether the denial was justifiable.
Unless your request for time off meets the limited criteria the FMLA sets, your time-off request probably falls under your employer’s policy. If the terms of your work agreement do not specify your rights to request time off, a request might be determined on a case-by-case basis or denied outright.
As a general rule, employers that permit employees to take time off usually restrict when unpaid time can be taken, such as limiting the number of employees who take time off during the holidays.
Employer Policies on Unpaid Time Off
Employer policies widely range when it comes to unpaid time off. Factors specific to an industry, geographic location, or seasonal needs might all be considered when a company writes its policies regarding when unpaid time off can be granted.
Companies based in Florida are under no obligation to offer employees any amount of unpaid time off beyond the situations covered in federal and state laws. However, most Florida employers offer some unpaid time off in an employment agreement.
In nearly all situations where employees are permitted to take unpaid time off work, guaranteed time off does not necessarily mean an employee’s request will be approved. Most employers place constraints upon the conditions under which such a request is granted. For example, a company might limit time off requests during periods of high demand, understaffing, or other situations in which they can demonstrate that the company’s business needs justify denying an unpaid time off request.
Special Circumstances for Unpaid Time Off Denial
An employee might also deny an unpaid time off request due to special circumstances, like an emergency. In a case like this, an employee might have a right to unpaid time off per the employment agreement, and their request does not meet the usual criteria an employer would consider, such as a staffing shortage.
Whether an employer is justified in denying an unpaid time off request typically depends on the specifics of the situation. For instance, if you have specialized work duties and your employer will be left without someone to fill in during your absence, they might be justified in denying your request or asking you to postpone until a later date.
Employee Action: What Can You Do if Your Unpaid Time Off Is Denied?

The best way to protect against denial when submitting a request for time off is to ensure that you clearly understand your company’s time off policies and follow any requirements and expectations for submitting your request.
Employers often place constraints upon the conditions under which unpaid time off is granted. Before submitting a request, check your employer’s policy to verify that your request is not being made for a time likely to result in a denial.
Companies typically outline the process for submitting a time off request, including how far in advance the request should be made. If you cannot find a valid reason why your request was denied, you can directly ask your employer why your request was refused. It can be frustrating to have your plans interrupted by a denial.
However, it is important to remain even-tempered and courteous when you ask your employer for a reason. Displaying anger or frustration will unlikely make your employer willing to work with you.
You can also speak with your company’s HR department. Meeting with the HR department or your employer’s supervisor can effectively resolve the situation.
If it seems as though your request for unpaid time off should have been granted and your attempts to overturn it are unsuccessful, you can schedule a free case evaluation with an employment lawyer for advice on whether your rights were violated and how to move forward.
Communicating with Your Employer
When your unpaid time off request is met with denial, you have options. The first and most practical action you can take is to speak directly with your supervisor. The goal of this conversation should be to understand why the request was denied and what, if anything, you can do to have it approved.
It can help to think of this conversation as a negotiation. Schedule a time to speak with your supervisor so they can give their full attention to the conversation. Ask for an explanation of why the request was denied, and be prepared to respond to the concerns they raise.
If your supervisor expresses concern about not handling specific job duties, see if you can arrange for a coworker to take on those responsibilities in your absence. If possible, be prepared to give your employer reasons why the timing for your request is ideal, like if you have just completed a large project.
Finally, you can also ask your employer what accommodations they need to implement to feel that the business’s needs will be adequately handled in your absence. Remember to keep the conversation as civil as possible.
Legal Recourse for Denied Unpaid Time Off
If your attempts to overturn a time off request are unsuccessful, you can consider your legal options. An employment lawyer will work with you to identify whether your rights have been violated. Based on your lawyer’s findings, you may have grounds to file a complaint against your employer or a lawsuit.
In both cases, your employer can face penalties for violating your rights as an employee. Depending on the timeframe, you may be able to have your request approved. The outcomes of legal action can also include damages payments for having your rights violated.
Know Your Rights: FMLA and Beyond
Both federal and Florida laws protect employee rights. Much of the time, the terms of your employment agreement also protect your rights as long as your supervisors respect those terms.
However, you need to know your rights before you can identify when they have been violated. The most important laws that employees should know are those covered under FMLA. You have the right to take leave under FMLA for:

A serious health condition
Caring for an ill family member
The birth of a child
Adoption
The placement of a foster child

In some cases, FMLA or your employer’s policy can extend to similar situations, like complications during pregnancy.
Other Legal Provisions for Employee Protection
FMLA is the widest-reaching federal law concerned with unpaid leave. However, some individuals might be impacted by additional laws that touch on unpaid leave laws.
For example, the Fair Labor Standards Act (FLSA) impacts private and government employees. The Americans with Disabilities Act (ADA) and laws enforced by the Equal Employment Opportunity Commission (EEOC) can provide additional support in which a denial might involve discrimination against an employee.
Rights to Unpaid Leave Under Union Contracts
Union contracts are often similar to employee contracts. A union contract should stipulate how much unpaid time off a union worker is entitled to and the terms under which they can take that time.
If a union worker’s unpaid time off request is denied, they can speak with a lawyer to better understand the terms of their union contract and whether the reasons for the denial are valid.
Contacting a Florida Employment Law Attorney for Unpaid Time Off Disputes
It is essential to know your rights around unpaid time off. If you have reviewed your company policy and attempted to understand the reasons for a denial, an employment law attorney can help you move forward.
The Florida lawyers at Wenzel Fenton Cabassa, P.A. are ready to defend your rights in the workplace. Contact our firm today to schedule a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can an Employer Fire You for Being Sick?
You may fear losing your job when you experience an illness, especially when your sick days run out. The good news is that there are legal protections in place for employees that specifically address termination due to illness. However, this does not automatically mean your job is secure if you missed days due to illness. 
Every employee should understand their rights in the workplace and what the law has to say about termination over illness. If you believe you were illegally fired because you were sick and missed work, it is a good idea to consult an employment lawyer as soon as possible to learn how to fight back.  
Legal Protections Against Termination for Illness

The two most important pieces of legislation that protect employees’ rights for reasons related to health and illness are the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). These two acts contain the main federal laws related to employee illness and an employer’s obligation to make accommodations. 
The FMLA primarily protects an employee when they are caring for themself or an immediate family member who is ill. The FMLA also protects employees when they give birth to a child.  
The ADA offers numerous safeguards for disabled employees. It covers illnesses related to various physical, mental, chronic, and terminal health conditions. 
The FMLA and ADA are not the only laws protecting employee rights. Some states take federal legislation as a starting point and put additional protections in place. Many workplaces have additional policies that might offer further protections under an employee’s employment agreement. 
If you are fired for missing work due to an illness, the FMLA and ADA policies are only a starting point for taking action against your former employer. An employment lawyer can also rely on local laws, employee handbooks, and certain types of employment contracts or work agreements to build a case.
Scenarios Where Being Fired for Being Sick Could be Legal

Employees should understand that there are limits to the legal protections afforded by federal and state laws. It is possible for an employer to legally fire you for being sick too often, but only in certain situations. If you have a health condition covered by ADA or FMLA but some other form of illness causes you to be absent from work, your employer might be able to fire you. 
The ADA protects employees with disabilities. It dictates that your employer cannot legally fire you for reasons related to your disability. 
If you consistently miss work due to an illness that is not related to your disability, your employer may be able to legally fire you. It might also be legal for an employer to fire you if they can make the case that your illness or absence renders you unable to meet the job requirements. 
Termination due to illness can be a complex issue, particularly when other health conditions or disabilities are involved. 
Generally speaking, if you miss an excessive amount of work due to an illness that is not protected under a law or workplace policy, your employer usually has the right to fire you for being sick, especially when your absence negatively impacts the company or leaves your coworkers having to do your job for you. 
Scenarios Where Being Fired for Being Sick Is Illegal

Are you wondering, “Can you be fired for being sick too often?” If so, there is good news. Many types of illness are protected under state and federal laws. For example, the ADA is designed to safeguard the rights of Americans with disabilities. If you have not been diagnosed with a disability, you might think this set of federal laws does not apply to you. 
However, the ADA covers many types of illness. Many chronic health conditions are legally designated as a “disability” under the ADA, which provides protection for employees who are living with serious illnesses or undergoing treatment for them. 
Examples of health conditions covered under the ADA include: 

Cancer
Heart disease
Diabetes
HIV
Tuberculosis
Multiple sclerosis
Epilepsy
Muscular dystrophy

The ADA covers mental, emotional, and physical health conditions. Regarding physical illness, it covers both contagious and non-contagious conditions. While a contagious illness like HIV is covered by ADA, the flu and common cold are not.  
If you have consistently missed work due to illness or medical treatment for health conditions covered by the ADA, it is usually illegal for an employer to terminate you. In many cases, your employer is required to offer reasonable accommodations. 
Potential Consequences for Unlawful Termination
Evaluating whether or not an employee who is terminated for illness has a legal case against their former employer can be complicated. If the employee does not have a legally protected health condition or a legally binding employment contract, the employer likely has the right to terminate them for missing too much work due to illness. 
When an employee's illness does have legal protection, an employer needs to prove that the employee cannot do the job or is a danger to workplace safety in order to terminate their employment. 
Sometimes, an employer might try to fire an employee without taking the time to build a legally binding argument. Other times, they might claim to have legally valid reasons for firing the employee but do not have the evidence they would need to justify the termination in court. 
You might be able to take legal action over your wrongful termination. If you do so and your former employer is found guilty of illegally firing you, you face a few potential outcomes. The most common is to be offered your job back, usually with compensation for the wages you lost during the period you were terminated. 
If your employer violated anti-discrimination laws, you might also have grounds for filing a personal injury lawsuit to recover compensation. Finally, employers who violate federal laws like the FMLA or ADA may face additional consequences, such as fines, court costs, and harm to the company's reputation.
Steps to Take if You Are Fired for Being Sick

If you are fired for being sick, it is always a good idea to consult an employment lawyer as soon as possible. Workplace termination over illness rarely happens due to a one-time event. The best way to help your case is to maintain documentation about your illness, including: 

Seeing a doctor when you miss work;
Maintaining copies of medical records;
Keeping copies of correspondence with your employer.

Being fired due to an illness can make emotions run high. Although you might naturally feel angry or upset, keeping your interactions professional is best. If possible, request a hard copy or electronic documentation of your employee records and ask your employer to provide you with a written reason for the termination. 
When you head into your consultation with an employment lawyer, you should provide them with as much evidence in your favor as you can. If you have a health condition covered by FMLA or ADA, you should bring along documentation as proof. 
You should also provide copies of your work agreement and employee handbook. A company’s handbook outlines its policies for handling employee illness, disciplinary action for missing too much work, and the termination process. Even if your employer did not break federal laws by firing you, you might be able to prove they violated their policies or your work agreement. 
Once you have done your part to keep records and collect documentation, the rest of the work falls to your employment lawyer. If a lawyer thinks they can successfully make a case for unlawful termination, they will advise you on the process for moving forward and the potential benefits that taking legal action could bring. 
When to Talk to an Attorney About Being Fired
Sometimes, it is easy to see that illegal termination has taken place. In other situations, it is much harder. Often, building a successful case comes down to having many years of experience and a thorough knowledge of employment law and employee rights.  
Have you been in a situation where you were left wondering, “Can an employer fire you for being sick?” If so, know you have nothing to lose by calling an attorney. You simply cannot know what you stand to gain until you have an experienced lawyer take a look at your case.  
Wenzel Fenton Cabassa, P.A. is an employee rights law firm that fights for employees across Florida. If you have been fired for illness in Florida, call our firm today and learn how our skilled Florida FMLA attorneys can help you fight against illegal termination.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can an Employer Fire You for Taking Prescribed Medications?
If you are among many Americans who rely on prescription medications to manage a chronic condition, taking your medications at work is likely necessary. However, you may be embarrassed or hesitant to do so and even worry that it could jeopardize your work. Can an employer fire you for taking prescribed medications? If you have a valid prescription and take that medication while on the job, knowing what your employer can and cannot do under the law is essential.
Navigating the Complex Landscape of Prescription Medication in the Workplace
As long as taking your prescription medications doesn’t present a safety risk or affect your ability to do your work, firing an employee for needing to take prescription medications is illegal. So, too, is engaging in any form of prescription medication discrimination.
However, there are several complexities surrounding taking prescription medications at work that you will need to consider.
Why Employers May Have Concerns About Employee Prescription Medication Use
 
On the one hand, an employer might feel that they have a legitimate need to know what medications their workers are bringing into the workplace and consuming. In the employer’s mind, there may be a fear that an employee will experience a medical emergency while on the job, and the resulting liability could rest with the employer.
Alternatively, an employer may wonder what underlying medical condition an employee has that necessitates the use of a prescription. A prescription drug can raise questions about whether an employee’s condition could interfere with their ability to do their job safely.
Employee Rights and Legal Protections When Taking Prescribed Medication
On the other hand, there are legal protections for employees who need to take prescription medications while at work.
Laws such as the Health Insurance Portability and Accountability Act (HIPAA) protect employee health information. At the same time, the Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees with physical or mental health diagnoses who can otherwise perform their job duties.
Can an Employer Ask to See Your Prescriptions? Privacy and Disclosure

An employer cannot fire you simply because you take a prescription medication, but can an employer ask to see your prescriptions? Again, the answer is nuanced.
Medical Privacy Laws and Employee Rights
Employers may feel that they have a right to know if a job applicant or current employee has a medical condition requiring prescription medications, especially controlled substances. Such a belief, however benign, is usually misplaced. In truth, employers do not have the broad, sweeping ability to secure your medical information.
Medical privacy laws such as HIPAA and the ADA do not require you to disclose medical information to an employer or potential employer. Moreover, an employer cannot ask about any medical diagnoses you might have or prescriptions you take, except in certain limited circumstances.
When Employers May Legally Request Prescription Information
First, if you are applying for certain job positions where the use of prescription medication could pose a safety risk to others, an employer may be able to ask you about prescriptions you might be taking.
For example, if you apply to be a firefighter, a truck driver covered by the Federal Motor Carrier Safety Administration, or a police officer, your ability to think clearly and react quickly and appropriately can mean the difference between life and death for you and others. Your employer can, in these situations, ask about prescription drug use.
Requesting Accommodations
Additionally, if you request an accommodation for performing your job duties, discussing what accommodations you need could include examining the prescriptions you are taking.
The employer’s inquiry should be limited in scope. Specifically, the employer should limit any questions or discussions about your prescription drug use to understanding the nature of the accommodation you need.

For example, suppose that you say to your employer or potential employer that you need to lie down and rest for an hour every afternoon after taking your prescription. Such a request can be considered a request for reasonable accommodation in performing your job.
In this case, your employer may legally ask to see your prescription or other medical records documenting your need for this accommodation.
Otherwise, your employer cannot ask about a medical condition or prescription drug information without demonstrating a legitimate business need. Such a need only exists if the employer acquires information suggesting you cannot perform an essential job without accommodation.
Responding to Inappropriate Employer Requests
Employers can request to see your prescriptions in specific situations. However, these situations are very limited in their applicability. The vast majority of workers are not required to disclose information about their medical conditions or prescription drug use unless they request accommodation in performing an essential job function.
Every situation is different, and so is how you will respond to improper requests for information from an employer. In some cases, the employer’s request might simply come as a result of ignorance of the law.
In such a situation, politely but firmly declining to answer may be all that is necessary. A simple “I do no not believe I am required to answer that under the law” can alert an ignorant employer to their misstep.
If your employer persists, you still do not have to answer. The burden would be on the employer to demonstrate the business necessity behind needing to know the information. If the employer fails to demonstrate this necessity, you may consider filing a complaint with your HR department or the Equal Employment Opportunity Commission.
You should also retain a lawyer familiar with employment discrimination laws, especially if you start experiencing negative consequences in your job. Of course, nothing in state or federal law prevents you from voluntarily disclosing a medical condition or your prescription information to your employer.
Can You Fail a Drug Test for Prescribed Medication? Understanding the Rules

State law and your employer’s policies will dictate when your employer can ask you to submit to drug testing.
Employers can request job applicants who are offered a conditional offer of employment to complete a drug test. They can also ask an employee they reasonably suspect of using illegal drugs to submit to such a test while on the job.
Additionally, employers in certain federally monitored industries, such as trucking, can randomly request employees submit to drug testing. And as part of a fitness-for-duty exam to determine whether employees are capable of performing their essential job functions, employers can ask their employees to submit to a drug test.
Certain drugs that show up on a drug test are always illegal, such as methamphetamine. But some prescription drugs can also make it appear as if you failed your drug test. For example, Adderall shows up as an amphetamine on most drug tests.
How to Handle a Positive Drug Test Result Due to a Prescribed Medication
If lawfully asked, you should still submit to a drug test. Refusing to submit to a legal drug test request can be a basis for adverse employment actions.
If your drug test comes back positive, you should disclose your prescription information to your employer. If neither the prescription nor the condition it treats impairs your ability to do your job functions, then that should be the end of the inquiry by your employer.
Navigating Drug Testing Exceptions and Accommodations
To be clear, your employer cannot enforce a drug-free workplace policy that automatically terminates or disciplines anyone who tests positive for any drug. This is because employees who test positive may simply be taking legal prescription medications that do not interfere with their jobs. Therefore, a valid prescription drug policy for employers must include exceptions for positive drug results.
If the employer has a legitimate concern about your ability to perform your job duties, a positive drug test because of your prescription may be an opportunity for you and your employer to discuss any needed accommodations.
ADA Prescription Drugs: Understanding Employee Rights and Protections

The ADA is a federal law with powerful protections for employees taking prescription drugs against discrimination.
Defining Prescription Medication Discrimination
Prescription drug discrimination can be considered any adverse employment action taken against you by your employer because of your use or possession of prescription medications. These adverse actions include obvious sanctions like terminating your employment, demoting you to a lower position, or cutting your pay.
Prescription medication discrimination also includes more subtle actions, such as passing you over for a promotion for which you are otherwise qualified, moving you to a less desirable shift or position, or making unwanted or uncomfortable comments about your situation.
How the ADA Protects Employees Using Prescription Medications
The ADA prohibits employers from engaging in any form of prescription drug discrimination. Employers cannot inquire into a medical condition or your prescription drug usage unless it has a clear connection to your ability to do your job safely.
Similarly, employers cannot make employment-related decisions based on known or suspected prescription use if you are otherwise able to do the job.
Addressing ADA Violations and Seeking Legal Assistance
If your rights under the ADA have been violated, or you think they might have been, document the incident with your employer’s HR department. If you are uncomfortable doing so, file a complaint with the EEOC.

Both of these options can result in your employer being educated about the law, and either can pursue a mediated compromise to address any adverse actions taken against you, if necessary.
If you have questions about your rights or are unsure how to respond to prescription discrimination, speak with an employment discrimination lawyer immediately.
Safeguarding Your Rights as an Employee Taking Prescribed Medication
Unfortunately, prescription drug discrimination still persists in some workplaces. And many employees do not recognize it or do not know how to confront it. Equipping yourself with knowledge is one of the best ways to combat discrimination of any sort, including prescription discrimination.
Keep informed about updates and changes in the laws related to prescription medication use in the workplace. And if you suspect that prescription medication discrimination may be behind an adverse action you experienced at your job, make sure to reach out to an experienced employment law attorney to protect your rights.
Discrimination cases can be difficult to prove. But a wrongful termination attorney’s or employer discrimination attorney’s help can mean the difference between getting compensation for your adverse employment action and walking away empty-handed. Contact Wenzel Fenton Cabassa P.A. today to learn about the next steps.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can An Employer Legally Reduce Your Pay? A Guide
Having your wages cut can be startling at best and devastating at worst. You rely on your paycheck to pay your bills, buy groceries, keep a roof over your head, and care for your loved ones. When even some of that money unexpectedly goes away, you may feel sad, hurt, or even embarrassed. You may wonder if your employer has the legal right to cut your wages. Unfortunately, wage reduction is a legally complex issue that only adds more grief to your now-complex financial situation.
In circumstances like these, it is important for you to gain clarity on what is or is not legal when it comes to wage reduction. Just because you see employers do something often does not make it legal. Still, just because you do not like the situation does not mean it is illegal.
The best way to protect yourself is to learn what the law says about pay reduction, employer and employee rights, and legal recourse for employees who feel they have been wronged.
Ultimately, you will be armed with the information you need to answer the question: Can an employer legally reduce your pay?
Federal Laws on Pay Reduction

One major law governs how and when employers can reduce an employee’s pay: The Fair Labor Standards Act. While the FLSA covers a great deal, most of its rules are related to standards for wages and overtime pay.
The law states that all non-exempt employees must make at least the federal minimum wage. The law also states that these employees should be paid at one and one-half times their regular pay rate if they take on any overtime. Therefore, no employer can pay qualified employees less than minimum wage or less than required for overtime.
Circumstances Under Which Pay Can Be Reduced
Is it legal for an employer to cut your pay? Under most circumstances, this behavior is legal because 74% of employees in the United States are considered “at will,” meaning the employer can change the terms of the employment relationship at any time and for any reason.
Consequently, there are a few legal circumstances under which pay can be reduced.
The Business Is Struggling
In times of greater economic recession, business owners may find themselves in a situation where they simply must cut employee pay to stay in business. As long as the employer follows the law in terms of giving notice and maintaining justifiable motivations, it is legal to reduce pay when the company is going through tough financial times.
You Have Not Yet Worked the Time
Businesses cannot retroactively reduce your pay, effectively taking money from current or future wages to pay past wages. However, at-will employers are legally allowed to reduce your pay going forward for time you have not worked.
In many states, all that is required is for your employer to give you proper notice of the change.
A Change in Job Duties
Employers can change your pay rate if the nature of your job duties has been changed.
Whether you have been voluntarily or involuntarily demoted or switched jobs for personal reasons, employers cannot be sued for paying you less for doing a different job. Although employees may not like it or find it favorable, employers who cut pay for these reasons are protected by federal law.
Exceptions to the Rule
While it is true that employers may reduce an employee’s pay in many circumstances, it is important to note that employers do have restrictions on when they can alter or lower an employee’s pay. The exceptions to the at-will rule include the following:

Contractual Agreements: Employees under a bargaining agreement or other type of employment contract specifying pay and hours will have different rules. The employer must pay the agreed-upon wage until the contract expires or is voided.
Employer Motivation: Employers cannot cut an employee’s pay due to anger, retaliation, or not having enough money in the budget.

Employers have a lot of protections when it comes to wage reductions. However, they cannot break the law when attempting to pay an employee less.
Employee Rights Regarding Pay Reduction
Just as there are some actions that employers are allowed to take without consequence when it comes to cutting pay, there are also some things that employers cannot do:

Cut wages below the minimum wage
Retaliate due to the employee engaging in a protected activity, such as jury duty or taking FMLA leave
Cut wages to discriminate against people of a protected class
Violate contracts that specify guaranteed pay and hours for employees

When employers take these actions, employees can bring a case against them in court. Employees may also be entitled to complain against an employer for violating a federal law.
In some cases, employees might be obligated to file a charge or complaint before they file a lawsuit. For example, wage discrimination defendants must file a charge with the U.S. Equal Employment Opportunity Commission for a lawsuit to be valid.
Can a Company Change Your Pay Without Notice?

Whether a company can change your pay without notice is not as cut and dry as other wage and hour law issues.
Employees need to know that there are no federal-level protections when companies change their pay without notice. While an employer can never retroactively cut pay, they do not have to give an employee notice of the pay cut unless their state laws require it.
Some states do not have laws requiring employees to give notice. For example, Georgia and Florida have no laws on the books that require an employer to tell an employee their wages are being reduced.
Employees in states like this must rely on the kindness and practicality of their employer to tell them about an impending wage reduction so they will not be surprised when they receive future paychecks.
Other states, like Pennsylvania, do have such laws. In those states, employers must give notice if they will reduce an employee’s wages.
Common Reasons Employers Give for Pay Reduction
Because many employers can reduce wages without consequence, they do not always have to give a reason to cut an employee’s pay. However, among those employers that give a reason, there are some common threads regarding why they take such an action.
Economic Downturn
Many employers feel the squeeze of inflation or start to worry when sales take a nosedive. Because profits are down, they may look to their biggest expense — employee wages — to cut costs. While this may financially and emotionally hurt the employee, it is not illegal for the employer to do so.
Performance Issues
If an employee is paid on commission for sales and does not make any sales, they have no legal recourse when it comes to a reduction in pay due to commissions not being paid out.
Likewise, suppose an employee does not maintain a certain level of performance at work, and the boss decides they should be demoted. In that case, the business has a right to enact that demotion and the reduction in pay that goes with it, which only becomes a problem when the demotion is discriminatory or retaliation, especially for a protected activity. If discrimination is in play, the wage reduction is illegal.
Attendance Problems
An employer may demote an employee or dock their pay when they do not show up to work during their scheduled time. Again, this is allowed by law. However, it is important that employers do not get into murky waters demoting employees or reducing pay for taking FMLA or attending jury duty. Those activities are protected, and an employer cannot retaliate against someone performing them.
Voluntary Reduction
Sometimes, employers state that an employee just decided to take a lower-paying position for personal reasons, or they accepted lower pay in lieu of getting laid off.
There are no laws against this as long as the employer is truthful about the employee’s voluntary acceptance. Employers are not allowed to intimidate or coerce employees into taking less money.
Legal Recourse for Unlawful Pay Reduction
If you believe your pay has been reduced unlawfully, knowing you have some legal recourse is important. You can take the following actions:

Report your issue to the appropriate state or local agency, such as the EEOC or the Department of Labor; this is a required first step in some cases.
Hire a personal lawyer to bring a lawsuit against your employer for the payment of missed wages.

Before going down either of these paths, the best thing any employee can do is talk to an experienced employment attorney.
In some cases, your actions can jeopardize your ability to recover damages. An attorney can advise you of your rights, help you file suit, and tell you what not to do so you do not damage your case.
Calculating Lost Wages and Potential Damages
An attorney can properly evaluate your potential case and tell you how much you might be entitled to when it comes to damages. Here is just a brief overview of what you might learn:

If you are an hourly employee, subtract your new wage from your old wage, then multiply that difference by the number of hours you have worked in your new job.
If you are a salaried employee, you may prefer to break those numbers down into a daily or even hourly rate and calculate the same as above.
Think about what you have lost due to your wage reduction — this could be a foreclosed home or car repossession resulting from being unable to pay your bills.
Consider how the news of your illegal wage reduction impacted your mental and emotional health.

When your pay is cut illegally, you lose much more than wages. It is important that you hire an attorney who understands what wage reduction truly costs and is willing to go after what clients deserve.
Consult an Employment Law Attorney
You should never move forward with a lawsuit based on pure suspicion when it comes to wage reduction. If you believe you have experienced an illegal pay reduction, you must contact an employment law attorney immediately.
A qualified and experienced wage disputes lawyer will have the knowledge and skill to navigate the complexities of a pay reduction and gather the necessary evidence to prove your case.
Wenzel Fenton Cabassa, P.A. has extensive experience in this area and is ready to assist. Contact our wage dispute attorneys today for a free case evaluation or to learn more about your options. Speak to an attorney who can evaluate your case and fight for fairness on your behalf.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Can an Employer Record Audio at the Workplace in Florida?
You likely spend a significant portion of your day at work, so it is only natural that you form friendships and relationships with your coworkers and supervisors. You communicate with these individuals daily, sometimes on a personal level and with the intention that your conversation be confidential. But can an employer record audio at the workplace in Florida, including your private conversations? For workers in Florida, it is important to understand the legalities of recording audio at work.
Why Employers May Consider Recording Audio at Work
Any employer might consider recording their employees’ conversations, and there may be several reasons why.
For example, an employer may be genuinely concerned about employee morale and interested in knowing what their workers think of their jobs and working conditions. Similarly, an employer might record conversations employees have with members of the public to ensure the employer’s customers are receiving good service.
More nefarious employers may consider recording employees out of fear that employees are plotting a strike or might attempt to unionize. Or the employer might hope to gain personal information about employees to later use against those employees to discipline them.
Employee Privacy Concerns and Legal Considerations
As legitimate and laudable as some of these motivations for recording workplace conversations may be, these motivations must be balanced against your privacy rights.
Some of the topics you discuss at the workplace might involve sensitive subject matters you do not intend to discuss with others, such as a recent medical diagnosis. Alternatively, the topic may involve the personal information of clients or others with whom your employer does business.
It is not just that some of these topics are personal or sensitive; recording or disclosing them may also violate the law. In certain circumstances, your health information is protected by the Health Insurance Portability and Accountability Act (HIPAA), and your employment is protected by the Americans with Disabilities Act (ADA).
Recording and disseminating this information can put the employer in legal peril.
Audio Recording Laws in Florida: What You Need to Know
Can employers record audio for legitimate reasons, or is certain information always protected? The answer depends primarily on audio recording laws in Florida.
Florida’s Two-Party Consent Statute: A Key Aspect of the Law

Florida Statute 934.03 makes intentionally intercepting any wire, oral, or electronic communication a criminal offense. In this context, the word “intercept” refers to listening, reading, or recording the communication without prior authorization. In most cases, this prior authorization must come from both parties in the conversation.
Also known as Florida’s two-party consent statute, this term refers to the fact that both individuals involved in the communication must consent to the communication or conversation being recorded for the recording to be legal.
For the same reason, you would not be permitted to record your employer or a conversation you had with your employer or supervisor without that person’s prior consent.
Exceptions and Special Considerations
The primary exception to intercepting another’s communications involves obtaining informed consent prior to communication. If you obtain the consent of both parties before a communication happens, recording that communication is legal when it does take place.
On the other hand, it is not legal for your employer to listen to your conversation or record it and then approach you afterward to obtain your consent.
The statute also recognizes other exceptions, many of which apply to law enforcement activities. In addition, interceptions that occur pursuant to a court order do not violate Florida’s two-party consent statute. It deserves emphasis, though, that these exceptions are narrow and will only apply in very limited circumstances.
Understanding Federal Wiretapping Laws
In addition to Florida’s statute, federal laws like the Electronic Communications Privacy Act (ECPA) make it a crime to intentionally intercept wire, oral, or electronic communications.
Unlike Florida’s statute, however, the federal statute is a one-party consent statute, which means only one party in the conversation needs to consent to the interception or recording of the conversation.
For example, suppose your employer is recording conversations you are having with management or others, as long as that other person consents to the recording. In that case, they have not violated any federal law.
It would be a violation of federal law, though, if your employer secretly recorded phone conversations you were having at work with another person if neither of you consented to the recording.
Remember that just because activities are not a violation of federal law does not mean they do not violate state law. An employer’s actions may violate only state laws and not federal laws, or they may violate both federal and state laws.
Can Employers Record Audio? 
While it is understandable and possible for businesses to listen to their employees’ conversations on the job, doing so requires carefully balancing the employer’s and employees’ interests.
Legitimate Business Purposes for Audio Recording
Not all businesses that desire to record employees while they work are motivated by criminal or corrupt intent. For example, suppose your employer notices that you and your coworkers appear unmotivated while at work or your employer notices a drop in productivity.
Your employer may, understandably, want to know why these things are happening. Rather than wait for you or someone else to discuss the cause of these occurrences with them, the employer may want to hear what their employees are talking about.
Another situation where your employer may want to record conversations with you is during performance reviews or employee counseling sessions.
For instance, suppose that you approach your employer with a workplace grievance. Your employer might desire to have the conversation recorded in case of any later disagreement about what was discussed or agreed upon during the meeting.
Disciplinary actions and termination proceedings can be fraught with perceived peril for your employer. If you must discipline, demote, or terminate an employee, there is always the risk that the employee will leave and make allegations against the employer. </p
The employer may therefore desire to record such proceedings as a method of protection.
Employee Rights and Expectations of Privacy
But these purposes are not absolute. Florida law recognizes that people have a reasonable expectation of privacy and do not lose this right by going to work.
You may not have an expectation of privacy in a public area of your worksite, like a lobby or out in front of the building. But if you are in a restroom, at your desk, or in another private area, you can legitimately expect some measure of privacy.
These rights are no less important than the rights of your employer or your employer’s interests. What is more, violating your rights can immensely upset you and cause legal issues for your employer.
Navigating the Florida Two-Party Consent Statute in the Workplace
So, can an employer record audio at the workplace in Florida? The issue of audio recording at work can be complex, and navigating Florida’s consent laws involves balancing both employers’ and employees’ interests.
Consent Requirements and Obtaining Employee Permission

The two-party consent statute requires that employers obtain the informed consent of their employees before they can intercept or record their conversations at work. For example, if the employee is talking with someone else, like a family member, on the phone, that other person’s consent would need to be obtained.
The consent given by the parties needs to be informed and voluntary. These requirements mean the employer should disclose what audio they are listening to or recording.
Employees should know where they may be recorded while at work. The employer should obtain written consent from the employees that they understand and agree to have their conversations recorded in those circumstances.
Dealing with Violations of the Two-Party Consent Statute
It can be unnerving to learn that conversations you were having with others at work were recorded without your consent. You may want to file a grievance with your employer’s HR department depending on who did the recording.
For example, if your immediate supervisor is the one who recorded your conversations, but your employer’s policy says nothing about this subject, bringing up the matter with your HR department may be all that is necessary to address the situation.
If you do this, try to obtain an acknowledgment from HR that you have made a complaint. Also, try to get a written response from HR that describes what steps your employer intends to take due to the violation.
Filing a Complaint with the EEOC or Police
If you are uncomfortable talking with HR, you can also file a complaint with your local Equal Employment Opportunity Commission (EEOC) or police department.
Your local police will investigate the breach of privacy from a criminal perspective, while the EEOC will investigate from a civil standpoint. Both, however, will look to whether your rights and state laws were violated.
If you are considering taking either of these actions, consider hiring an employment law lawyer in Florida to assist you. An attorney can speak with your employer, the EEOC, or even law enforcement on your behalf and help you obtain relief for violating your rights.
Legal Ramifications for Non-Compliant Employers
Employers who listen in on employees’ conversations without obtaining consent risk criminal and civil liability. Violations of Florida’s two-party consent law are third-degree felonies, the conviction of which can lead to prison, probation, fines, or all three.
You may also have a civil cause of action against your employer. If you prevail in such a suit, you can recover monetary damages for the unlawful invasion of your privacy.
Navigating Workplace Audio Recording in Florida with Confidence
So, now you know the answer to the important question, “Can an employer record audio at the workplace in Florida?” As the courts decide cases involving Florida’s two-party consent statute, the interpretation and application of this law will continue to evolve. Additionally, agencies such as the EEOC may periodically issue opinions and guidance to employers about the limits of their right to record workplace conversations. 
Therefore, you and other employees must stay updated on changes in the law and new workplace guidance as it is delivered. Knowing your rights in the workplace enables you to better recognize violations of those rights and to take appropriate actions to address such violations if they occur.
If you suspect your employer has recorded you on the job without your consent, the next step is to talk with a seasoned Florida employment law attorney at Wenzel Fenton Cabassa, P.A. Recording employees in the workplace potentially involves both state and federal laws and regulations. A knowledgeable attorney can effectively navigate these complexities and recommend the best course of action. For informed representation you can trust, contact Wenzel Fenton Cabassa, P.A., to discuss your case with us today.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Can an Employer Take Away Hours You’ve Already Worked?
Can an employer take away hours already worked? The short answer is no. Federal and state laws protect Florida workers from a wide range of unfair employment practices. Among these, laws are in place to protect employees from having their timesheets falsified or having an employer refuse to pay wages for hours already worked.
Unfortunately, laws do not always prevent employers from engaging inunfair and illegal practices. Employees need to know the laws around workplace timekeeping. Otherwise, it is hard to recognize when an employer’s actions break the law and violate your rights as a worker.
If your employer is manipulating timesheets or refusing to pay you for hours worked, an employment lawyer can help defend your rights and even help you gain additional compensation.
Can an Employer Change Your Clock-In Time?

If you have noticed your timesheets do not accurately reflect the hours you have worked, you may be asking, “Is falsifying time sheets a violation of federal law?” Falsifying timesheets is illegal. However, every change to a worker’s timesheet does not necessarily break the law.
There are plenty of valid situations where a supervisor might modify a worker’s timesheet. Most of the time, this is related to an error that needs to be corrected. When a worker forgets to clock in or out or accidentally punches in multiple times, the supervisor has every right to adjust the time clock to show the hours actually worked.
Changes that go beyond accurately reflecting hours worked are usually illegal. An employer cannot modify your timesheet as a form of punishment or to cut down on their payroll costs. Generally, hourly workers must perform all of their work duties while on the clock. Expecting an employee to work without pay or falsifying their timecard to reduce the amount of wages owed to them is an illegal practice.
Federal Labor Laws and Regulations
Federal labor laws regulate how employers are required to record working hours. As part of these regulations, employers are subject to strict rules for keeping track of the hours a worker has put in on the job.
These laws are primarily laid out in theFair Labor Standards Act (FLSA) enforced by theWage and Hour Division”>Wage and Hour Division of the U.S. Department of Labor. FLSA laws guarantee that workers earn at least minimum wage and specify that employers are not allowed to reduce overtime payments owed to an employee. Under the FLSA, there is no limit to the number of hours an employee can work.
The Wage and Hour Division is the governmental body that lays out rules and regulations for how employers are required to track worker hours. Among other laws, this U.S. Department of Labor division specifies how employers must accurately keep track of hours worked and compensate workers for hours spent on the job.
The Wage and Hour Division is also responsible for enforcement when an employer fails to follow regulations for documenting hours, including enforcement for illegal practices like falsifying a worker’s timecard or failing to log hours an employee spent working.
Potential Consequences for Employers
Employers can face serious consequences for violating federal labor laws and regulations. If an investigation by the Wage and Hour Division discovers that an employer is guilty of falsifying time cards or failing to document the hours an employee has worked, they can face legal and financial penalties.
Falsifying a worker’s timecard is unlawful. If your employer or supervisor is found guilty, they may be found liable for civil damages.
Can I Sue My Employer for Changing My Time Card?

You have a few different legal options if your employer unfairly adjusted your hours. You may have grounds to sue depending on the amount of wages withheld from you. Disputes for amounts under $8000 in Florida are typically handled in small claims court.
However, if your employer has falsified your timesheet, there is a good chance they have done the same to other employees. The safest approach is to consult an employment lawyer as your first course of action.
A Florida employment law firm can advise you on how to file a complaint or legal action and tell you what documentation you need to succeed. Illegal practices related to timekeeping should be reported to the Wage and Hour Division of the U.S. Department of Labor.
As part of its regulations, the Wage and Hour Division requires that employers keep payroll records for three years and timesheets for two years. If your workplace still uses manual timesheets, it is easy enough to show a discrepancy between hours punched and the hours you were paid to work.
It is more common these days for companies to use electronic timesheets. Depending on the program your company uses, edits made to your timecard may be tracked. Again, this makes it easy to see that your employer changed the original entries for when you clocked in and out.
Signs Your Employer May Be Changing Your Time Card
If you do not watch your timesheets carefully, you might not even notice that your hours are being manipulated. You should always keep records of your clock-in and clock-out time and the amount of overtime pay owed to you.
Every time you receive a paycheck, take the time to check your pay and compare it to the hours you have worked. Sometimes employers cut out a noticeable amount of time from an employee’s timesheet. Other times, they may only cut hours randomly, falsifying timesheets for some pay periods but not others.
Steps to Take if You Suspect Your Hours Are Being Manipulated
Before taking action over a falsified timesheet, it is best to collect proof that your timesheet is being modified. Take photos of your timecard or keep copies of the time stubs that print off when you clock in and out.
If your employer falsifies your timesheet, the safest course of action is to consult an employment lawyer immediately. A lawyer will help walk you through the process of filing a complaint with the Wage and Hour Division, including the type of evidence you need to submit.
Real-world Cases: Employers Changing Time Cards
Unfortunately, falsifying employee timesheets to save money or punish a worker happens all too often. These real-world examples show what can happen when an employer breaks the laws that regulate timekeeping.
Home Depot and “Timesheet Rounding”
In early 2023, Home Depot made headlines for its practice of “timesheet rounding.” The national chain found itself at the center of several employee lawsuits over the practice of rounding employee timesheets to the nearest 15 minutes.
Timesheet rounding is common, and it is legal underFLSA regulations. However, those regulations provide technical details for how timesheets must be rounded to compensate employees fairly.
In the lawsuits against Home Depot, employees alleged that the chain was intentionally and illegally rounding down hours to cut payroll costs. As a result of the lawsuits, Home Depot chose to modify its payment practice, opting to pay employees for every minute worked.
Five Star Automatic Fire Protection and Unreported Hours
Five Star Automatic Fire Protection, LLC is a Texas-based company that installs sprinkler systems. The company came under fire in 2021 for implementing various illegal timekeeping practices, including having employees submit handwritten timesheets that simply documented the total number of hours worked in a day.
The company only allowed workers to document the hours spent at the job site, failing to document or compensate for time spent at the company headquarters at the start and end of each shift and the commute time it took workers to travel from headquarters to job sites each day.
The U.S. Department of Labor took the company to court. As a result of the case,Five Star Automatic was fined $121,687.37 in employee back wages, the same amount in liquidated damages, and another $2,604.35 for timekeeping violations.
Guidance for Employees: What to Do When Your Work Hours Are Manipulated

If you find yourself on the internet searching terms like “what can happen if an employer falsifies employee timesheets,” it is probably time to call an employment lawyer for advice.
Typically, identifying timesheet falsification begins with the suspicion that your paycheck looks wrong. If you have kept documentation of your clock-in and clock-out times, comparing them to your paystub is not hard. However, workers often do not hang on to the proof they need to show they have not been paid fairly.
Gathering Evidence: Documenting Your Worked Hours
You should not assume that an investigation will be able to produce proof of a claim that an employer is falsifying timesheets. The best way to protect yourself is to keep proof of the hours you have worked.
Most electronic timecard systems print off a slip when employees clock in and out. Keeping these slips on record might be the only proof you have when proving that your employer falsified the record of the hours you worked.
If your employer still uses manual timecards, take a photo of the card when you clock in and out. If your physical time card goes missing during an investigation, photos can help prove that you were not paid for the hours you worked.
Seeking Legal Counsel: When and Why It Is Necessary
You should speak with a lawyer if you suspect your employer illegally modified your time card. To take action against your employer, you need to file a complaint with the Wage and Hour Division or a lawsuit.
However, this process can be complicated. The more evidence you provide, the more likely your employer will be found guilty of breaking the law. A lawyer can help maximize your chances of success by advising you on how to file the complaint and what evidence you should submit.
An employment lawyer can also identify whether your case is eligible for a lawsuit to pursue civil damages. You may be able to recover compensation for having your workplace rights violated. However, you need an experienced employment lawyer to identify whether you qualify and, if you do, to build a case on your behalf.
Hiring a Florida Employment & Labor Law Attorney for Time Disputes
Being robbed of your wages by an employer is a profound injustice. It is also, in some circumstances, a federal crime. If you suspect your employer is falsifying your timecard, you should immediately take advantage of a free case evaluation with an employment law lawyer.
The Florida wage dispute lawyers at Wenzel Fenton Cabassa P.A. fight for justice when workers become victims of illegal employer practices. Our firm works on contingency, which means you only pay if we win your case. Contact us today to schedule a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can an Employer Take Away Reasonable Accommodation?
Reasonable accommodation is a central concept in employment law. Employers are obligated to provide reasonable accommodations to employees with disabilities, helping ensure there are equal opportunities in the workplace for everyone. However, in practice, there can be a fine line between what sort of accommodation an employer is and is not required to provide.
One question often arises for employees: “Once a reasonable accommodation is granted, can my employer take it away?” Identifying the answer to this question is often harder than it sounds. A general answer would be “no,” but it is important to understand that an employer’s ability to remove accommodations often depends on specific circumstances.
What Are Reasonable Accommodations?

First, it is important to understand what “reasonable accommodations” even means. A reasonable accommodation is a legal term that refers to modifications or adjustments to the job application process or the work environment. These accommodations are designed to ensure that qualified individuals with disabilities can perform the essential functions of a job.
Employers are legally obligated under the Americans with Disabilities Act (“ADA”) to provide reasonable accommodations unless doing so would impose an undue hardship on the employer. This landmark federal legislation ensures that employees enjoy equal employment opportunities regardless of their disabilities. Common examples of reasonable accommodations include:

Modified training and job materials
Modified work schedules
Restructuring job duties
Reassignment to another position
Adjustable office equipment
Ensuring the physical workspace is accessible
Providing assistive technology
Providing medical leave

Some employers proactively work to ensure that physical workspaces, materials, and other aspects of the job are accessible to individuals with disabilities. For example, some employers might already have training materials that accommodate assistive devices like screen readers. They might also maintain copies of written, video, audio and/or braille materials. Proactive accommodations like these help ensure that the unique needs of all potential employees are considered and addressed upfront.
While it is increasingly common to see employers proactively enact policies designed to accommodate all types of employees, it is impossible — and often impractical — to anticipate the unique accommodations that might be needed for every employee, especially given the range of disabilities and health conditions protected under the ADA.
When an employer removes reasonable accommodations or makes modifications that make it harder for a disabled employee to do their job, it can be deeply frustrating. Without a solid understanding of employment law and the rights afforded by the ADA, it can be challenging to assess when an employer’s modifications are illegal.
Legal Protections for Employees

Employees have legal rights and protections regarding reasonable accommodations. These protections are designed to prevent discrimination in various forms, including the unwarranted withdrawal or modification of reasonable accommodations in the workplace.
Although the ADA is the primary body of laws designed to protect the rights of employees with disabilities, there are many other laws that provide protection. 
The Rehabilitation Act offers similar protections for federal employees and contractors. It also targets programs receiving federal financial assistance. One of the key distinctions between the two laws is that the ADA protects employees in the private sector while the Rehabilitation Act focuses on federal employment. Like the ADA, the Rehabilitation Act makes workplace discrimination illegal and requires federal employers to provide reasonable accommodations unless it would cause undue hardship. The Rehabilitation Act actually predates the ADA and serves as a model for the ADA’s development. The ADA was created to broaden the protections of employees across the country.
Finally, state and local laws frequently afford additional protections to employees. For example, employees in Florida are also protected under the Florida Civil Rights Act (“FCRA”). The FCRA ensures equal employment opportunities for several protected classes, including those with disabilities.  Counties throughout Florida may also have anti-discrimination laws written into their local ordinances.
When assessing a potential disability claim, it is important to understand which body of law protects the employee, as they all have different requirements and qualifications. For example, both the ADA and FCRA generally require that the employer has at least 15 employees. If this prerequisite is not met, your employer may not be covered under these laws. In other words, they may not need to offer reasonable accommodations.
Determining whether an employer’s decision to remove a reasonable accommodation is illegal or discriminatory can be difficult. It often takes the experience of a skilled employment lawyer to build a strong case on behalf of the employee who was negatively impacted by the changes. The concept of reasonable accommodations is often complicated and highly unique. The laws offer general statements often open to interpretation out of necessity, as it would be highly challenging to explicitly list every type of accommodation every employee might need. Disabilities are complex, and how they manifest can differ, even between individuals with the same condition. As a result, an employer and employee need to communicate clearly about the employee’s needs and how an employer can work to meet them. This is called the “interactive process.” Employers are required to engage in the interactive process to identify reasonable accommodations.
When an employer refuses to make reasonable accommodations or attempts to remove accommodations it previously agreed to, the employee should consider seeking the advice of an employment lawyer. It can be difficult to determine when an employer is violating discrimination laws without an experienced lawyer to assess the specific situation.
Circumstances When an Employer Can Withdraw Accommodations

An employer may be justified in changing or removing reasonable accommodations in specific situations. Identifying these circumstances requires an understanding of the legal concepts that reasonable accommodations are weighed against.
The two primary legal reasons under which an employer can justify removing previously granted reasonable accommodations are: 

undue hardship and 
changes in job responsibilities 

The ADA specifies that accommodations should not impose an “undue hardship” on the employer. This analysis is determined case-by-case and must be based on an individualized assessment of the employer’s current circumstances. Factors to consider include, but are not limited to, the cost of the accommodation needed, the employer’s financial resources, and the number of employees. If providing the accommodations would result in significant difficulty or high costs for the employer, they may be legally justified in modifying or withdrawing the accommodation.
On the other hand, if an accommodation has already been granted, it can be challenging for an employer to prove that the removal was due to undue hardship. It is more common for an employer to use this excuse to deny granting an accommodation from the start. When an employer attempts to justify the removal of an accommodation on the grounds of undue hardship, they typically need to prove that some sort of substantial change has occurred. Your employer should be able to demonstrate how circumstances have changed so that an accommodation previously deemed reasonable is now the source of a significant enough expense or inconvenience to merit the withdrawal or modification.
The other most common reason for withdrawing accommodations is if an employee’s job responsibilities have changed. It is typically easier for an employer to take this route when attempting to justify the removal of a previously granted accommodation. When work responsibilities change, an employer should be willing to listen to the employee and make new accommodations that are appropriate, given the employee’s new responsibilities. Employees should be aware of the risk of an employer attempting to use this valid legal reason as grounds for no longer offering accommodations. 
Regardless of the reason for withdrawing accommodations, the employer needs to engage in the “interactive process” to determine whether there are any other reasonable accommodations that can assist the employee without causing undue hardship to the employer.
Circumstances When Employers Cannot Withdraw Accommodations
There are at least two specific periods during which employers do not have the right to withdraw reasonable accommodations. These are during critical periods and worsening health conditions.
Critical work periods are temporary times, such as a busy season or when employees are working on a project under a tight deadline. This means that even when employees are working under unusual conditions, an employer is not justified in temporarily taking away reasonable accommodations.
The second situation — worsening conditions — involves an employee with a disability who may have ongoing or worsening conditions. In this case, the employee may need ongoing or modified accommodations that accurately reflect their changing needs.
An employer cannot set time limits on an accommodation that is not aligned with the employee’s needs. Similarly, an employer must work with an employee to extend accommodations if the employee’s condition or symptoms worsen over time.
Potential Consequences for Employers

Anti-discrimination laws protect the rights of employees. When an employer violates the rights of an employee with a disability, they can be held accountable for their actions in court. If an employer is found guilty of violating anti-discrimination laws, they can face fines, penalties, and legal costs. Employees may be able to recover compensation such as lost wages, emotional distress, attorneys’ fees, and punitive damages. Punitive damages are awarded to punish the employer and discourage other employers from committing similar violations of the law.
Not only can an employee file a lawsuit against their employer, but government agencies can also file lawsuits on behalf of aggrieved employees. For example, the U.S. Equal Employment Opportunity Commission (“EEOC”), the federal agency that investigates disability claims (among other types of claims), will sometimes join lawsuits when it feels the case will send a strong message to employers across the country.
Breaking anti-discrimination laws can also do significant damage to a company’s reputation. If employee morale is impacted, it can lead to not only a less inclusive, but a a less productive work environment.
When to Talk to an Attorney
Any time you suspect your rights are being violated, it is worth consulting an employment lawyer. When reasonable accommodations are removed or modified, and you are unsatisfied with the changes, a lawyer can help you understand your legal options.
Employers often exploit their employees’ lack of knowledge regarding employees’ rights and the employers’ obligations. In other cases, an employer might violate ADA laws without realizing it, leading you to question, “Can an employer take away reasonable accommodations?"
Regardless of the reasons for the changes to workplace accommodations, it often falls upon the employee to recognize something is wrong and take action. Fortunately, once you have an experienced employment lawyer on your side, you can trust that they will put their legal knowledge to work fighting for your rights. 
If you work in Florida and think your employer has illegally removed or modified your reasonable accommodations, Wenzel Fenton Cabassa, P.A. can help. Contact our employment law firm for a case evaluation with an experienced employment disability discrimination attorney today. 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can Employers Require Mandatory Overtime Under Florida Overtime Laws?
Whether your employer can require you to work mandatory overtime in Florida is nuanced and has various legal implications. Understanding your rights and employer's obligations is essential for navigating the workplace effectively.
This article will explore the legal framework surrounding overtime work in Florida, including workers' rights and employer responsibilities.
What You Need to Know About Florida Overtime Laws
To effectively navigate Florida's overtime laws, it's crucial to understand how federal guidelines under the Fair Labor Standards Act (FLSA) apply since the state does not impose its own specific overtime regulations. This section will lead to common questions about overtime pay laws in Florida.
Does Florida Have Mandatory Overtime Laws?
Is mandatory overtime legal in Florida? Florida does not have any specific restrictions on mandatory overtime. While state wage and hour laws are in place, Florida defers to the federal FLSA for overtime and wage requirements. This means employers must pay eligible employees 1.5 times their regular pay for any hours worked over 40 a week. 
However, there are no additional state-imposed limits on the amount of overtime that can be required, so employers in Florida are allowed to mandate overtime as needed.
Can an Employer Make You Work Overtime Without Notice?
When work gets busy, or a team member calls out, it’s common for managers to reach out to employees for last-minute shifts. So, how much notice is required for mandatory overtime? Well, even if you’ve already worked your full 40-hour (or more) week, your employer can legally require you to come in for another shift if you are a non-exempt employee. Under federal law, there are no specific timeframes for providing notice to employees regarding overtime work.
How Long Can a Company Make You Work Mandatory Overtime?
If you are not in a field with inherent restrictions or signed contracts that limit mandatory overtime, employers have the right under the FLSA to require you to work as many overtime hours as they wish. It is not uncommon for employers to ask employees to work 50 to 60 hours per week, and you should still receive appropriate compensation for that time worked. If you believe you are owed unpaid overtime, our employment law attorneys can help you recover your rightful wages.
Who is Exempt from Overtime?
Safety concerns are one of the main reasons employees can be exempt from mandatory overtime. For instance, healthcare positions, such as nurses, have regulations to ensure they are not overworked, which helps protect the individuals under their care. 
Another type of field that is regulated is over-the-road truck drivers. Due to public safety, these drivers who carry heavy loads must be limited in the number of hours on the road.
Union members should consult with their union representative if they are unclear about their contract’s parameters regarding mandatory overtime. Those working under an employment contract may also have specific restrictions outlined in the legal language of their documents. Being proactive about your rights as an employee is essential, as employers often prioritize their interests. As employee rights attorneys in Florida, we are committed to advocating for you.
Can You Get Fired for Refusing to Work Overtime in Florida?
If you have legal protections with a union or other type of employment contract, you should not be fired for refusing to work overtime in Florida. If you have these protections and have been terminated, you should contact a wrongful termination lawyer right away.
Since Florida has an “at-will” doctrine, if you do not have protections under a union or employment contract, employers do have the right to fire you if you refuse to work overtime. But if you are fired due to an illegal reason, such as discrimination, there are serious legal consequences. Florida workers have many rights under the FLSA, Title VII, the ADA, ADEA, and other federal and state laws. You may be able to get your job back, get compensated for your lost pay, and qualify for other damages as well.
Are Salaried Employees Entitled to Overtime?
In Florida, salaried employees may be entitled to overtime pay if they meet certain criteria defined by the Fair Labor Standards Act (FLSA). Typically, salaried employees classified as "exempt" are not eligible for overtime, while "non-exempt" salaried employees are. The distinction usually depends on their job duties, salary level, and how they are paid. To determine eligibility, it's essential to examine the specific nature of the work, the salary threshold, and other FLSA criteria.
Is There a Limit to Overtime Hours?
In Florida, there’s no specific state law limiting the amount of overtime an employee can be required to work as long as they are adequately compensated according to federal guidelines. The FLSA does not set an upper limit on the number of hours for workers 16 years and older, so employers may ask employees to work extensive overtime hours. However, particular industries or union contracts may have specific rules regarding maximum work hours.
How Do You Report Unpaid Overtime in Florida?
If you suspect you are owed unpaid overtime in Florida, taking proactive steps to safeguard your rights and ensure fair compensation is crucial. Here’s a detailed guide on how to report unpaid overtime effectively:

Gather Documentation: Start by collecting all relevant employment records. This includes your pay stubs, timesheets, and any correspondence with your employer regarding your overtime hours. A comprehensive record will strengthen your case and provide clear evidence of your unpaid wages.
File a Complaint with the WHD: Visit the U.S. Department of Labor’s Wage and Hour Division (WHD) website to find the online complaint form tailored for reporting unpaid overtime. Alternatively, you can locate the nearest WHD office to file your complaint in person. Be sure to include all necessary details about your employer, such as their name, address, and the specifics of the unpaid overtime, to ensure a thorough investigation.
Seek Legal Advice: If your situation is complex or you are uncertain about navigating the process, consider consulting with an experienced employment law attorney. They can offer personalized guidance, help you understand your rights, and explore additional avenues for recovering unpaid wages, including potential claims in state court.

Remember that the Fair Labor Standards Act (FLSA) protects workers from retaliation when they assert their rights regarding unpaid overtime. Following these steps will allow you to take a crucial stand for your rightful compensation and advocate for your hard work.
Have You Been Wronged By Your Employer?
At Wenzel Fenton Cabassa, P.A., we are dedicated employee rights lawyers advocating for workers across various industries. We have helped thousands of employees hold their employers accountable for illegal actions, ensuring hard-working individuals receive the compensation they deserve. We understand the stress that employment disputes can cause financially and personally, and we provide expert legal guidance to help you get your career back on track.
If you've been required to work mandatory overtime, ensure you're being compensated correctly. Non-exempt employees should receive time and a half for hours worked over 40. We handle various employment law issues, including wrongful termination, hostile work environments, and payment disputes, standing up to powerful employers who violate the law. Contact us today for a free, confidential case evaluation. With offices in major Florida cities, we are here to fight for your rights as a worker.

Wenzel Fenton Cabassa, P.A. has a 10.0 Avvo rating and was selected as one of the 2019 Top Law Firms in Employment Law by U.S. News & World Report. 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can FMLA Be Extended Beyond 12 Weeks?
Can FMLA be extended beyond 12 weeks? If you are asking yourself this question, it is likely because you have reached the end of the leave granted to you by the Family Medical Leave Act (FMLA) and still need additional time. You may be exploring your options and considering whether it is possible to obtain more FMLA leave.
Extending a medical leave can be complex, as there is no set rule as to the amount of additional leave that an employer needs to provide, if any at all. In some, limited situations, you can take extended leave and be away from your employment longer than 12 consecutive weeks while enjoying the FMLA’s protections. Why does this matter? Because while on protected FMLA leave, you are entitled to certain rights and can take legal action if those rights are violated.
However, if you run out of FMLA leave, and do not return to work, you could face disciplinary actions up to and including termination.
Understanding FMLA’s Standard Provisions
The FMLA is a federal employment law that gives certain employees the right to take up to 12 weeks of unpaid, job-protected leave from their jobs. The leave is meant to allow employees to address circumstances like:

Pregnancy and the birth of a new child
Welcoming a new child into the home by adoption or foster placement
Addressing a serious medical condition
Caring for a family member with a serious medical condition

FMLA leave is only available to “covered” employees. A covered employee is one who works for an employer with at least 50 employees working within a 75-mile radius of one another. The employee must also have worked at least 1,250 hours in the previous 12 months before they can take FMLA leave.
Once you are eligible for FMLA leave, you can take up to 12 weeks of unpaid leave in 12 months, depending on the circumstances. While on leave, your employer must maintain your coverage under any group health plan on the same basis as coverage would have been provided if you had been continuously employed during the entire leave period, and may not demote you, reduce your salary, or terminate you because you are on FMLA leave.
When you return, the law requires that you be restored to your previous job position or an equivalent job. An “equivalent job” means a job that is virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions (including shift and location).
Circumstances Under Which FMLA Can Be Extended
What if the standard 12-week FMLA leave period is not enough? Can you extend FMLA beyond 12 weeks? Despite FMLA’s general limitation to 12 weeks of protected leave within a 12-month period, you could get additional protected FMLA leave if the following, limited circumstances apply to you:

The first situation is if your child, parent, spouse, or next of kin is a seriously injured or ill covered servicemember, and you are responsible for caring for them. FMLA leave for this purpose is called “military caregiver leave.” In this instance, you would be entitled to additional FMLA leave, which is above and beyond the standard 12 weeks and can be taken within the same one-year period. Military caregiver leave allows an eligible employee to take up to a total of 26 workweeks of unpaid leave during a single 12-month period.

Second, if you take intermittent FMLA leave and commence a new 12-month period, you would be entitled to additional FMLA leave and would not technically be an extension of your FMLA leave; instead, you are using all the FMLA leave you are afforded under the law but spreading out your leave periods over time.

For example, imagine you are eligible for 12 weeks of FMLA leave each year on the first of January. During the year, you take one week of leave every month for treatments. You could continue to take one week of intermittent FMLA leave every month since you do not exceed 12 weeks of FMLA leave in 12 months.
Finally, nothing in the law prohibits your employer from voluntarily giving you additional non-FMLA protected leave if you exceed the 12 weeks. The FMLA only specifies the minimum leave period employers must grant — it does not limit the total amount of leave your company can give you. In fact, employees who are substantially limited in one or more major life activities due to a physical or mental impairment have rights under the Americans with Disabilities Act (ADA). One of these is the right to an accommodation (a change in the workplace policies, facilities, or how work is done). Leave can be one form of accommodation. Therefore, additional leave, beyond your FMLA leave, could be an accommodation that must be provided under the ADA.
How Long Can FMLA Be Extended?
If you care for a seriously injured or ill service member, you can take up to 26 weeks of FMLA leave within a single 12-month period.
In the case of taking intermittent FMLA leave, generally, you are entitled to continue to use up to 12 weeks of FMLA leave every year. You must understand when your employer resets the 12-month FMLA period to make the most of your leave. Some employers do this on the first day of every year, but your employer can choose another day.
Lastly, your employer can grant you as much additional non-FMLA protected leave time as it chooses.
However, the fact that your employer agrees to additional leave does not mean that you are entitled to FMLA’s protections. Nothing in the FMLA prevents employers from adopting leave policies more generous than those required by the FMLA. But an employer may not designate more than 12 weeks of leave—or more than 26 weeks of military caregiver leave—as FMLA-protected.
When FMLA Leave Is Not Extended

Unless you care for a seriously injured or ill covered servicemember or take intermittent FMLA leave that does not exceed 12 weeks in 12 months, your FMLA leave cannot be extended. In this scenario, failing to return to work when your FMLA leave has expired could result in your termination.
For example, imagine you have used all 12 weeks of your available FMLA leave and need additional time.
You are not caring for a covered servicemember, so your only option is to ask your employer for additional leave time. However, your employer denies your request and tells you that you must return to work. If you do not return, they are likely within their right to terminate your employment (unless you meet the ADA definition of a person with a disability and additional leave is a reasonable accommodation that would not cause your employer undue hardship).
What to Do if Your Rights Are Violated
If you are on FMLA leave and believe that your employer has interfered with your FMLA or retaliated against you, you have legal options. One is to file a claim with the Department of Labor, which could potentially lead to your employer having to pay fines and sanctions.
You could also file a private lawsuit against your employer and recover financial damages. Damages are intended to restore the harm you suffered as result of your employer’s non-compliance with the FMLA. For example, back pay, which is the salary and benefits you would have received if your employer had complied with the FMLA. If you were terminated, you could pursue an injunction requiring your employer to reinstate you to your previous job.
Prevailing in this legal environment requires proof that your employer took adverse action against you because you exercised your rights under the FMLA. Proving this is not as easy as it may sound, and swift action is key to ensuring you have the evidence to prove your claim.
Hiring a skilled Florida employment lawyer can provide you with the necessary resources to investigate and document your situation properly. Your attorney can gather emails, witness statements, and other documentation to establish whether your rights have been violated.
Speaking with an attorney is a good idea, even if you are unsure whether your rights were violated. If you wait too long to act, you may find that you missed the statute of limitations to file a lawsuit..
Speak With an Attorney in Florida
Can FMLA be extended beyond 12 consecutive weeks? The answer is yes if your reason for FMLA leave is to care for a seriously injured or ill covered service member—you can take up to 26 weeks of FMLA leave within a single 12-month period.
Otherwise, generally, granting additional leave is at the discretion of your employer and not protected by the FMLA. .
You can ask your employer for additional leave if you have used up your FMLA leave. But any extra time off is no longer protected by the FMLA. You may still have rights under the ADA if you meet the ADA definition of a person with a disability. For example, additional leave could be an accommodation that must be provided under the ADA.
Wenzel Fenton Cabassa’s team of experienced Florida FMLA lawyers is here to assist you if your employer has unlawfully discriminated or retaliated against you.
If you are entitled to receive extended FMLA leave and face repercussions, or if you ask for FMLA and are terminated or otherwise retaliated against, we can help you take legal action. Contact us today to discuss your case.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Can I Be Denied Employment for Refusing to take a Drug Test?
The short answer is yes. An employer can decide not to hire someone based on refusal of a drug test as long as that is the sole reason and not because they are part of a protected class. This denial must apply to all job candidates as a company policy.
Since drug testing laws fall mainly on the shoulders of the state, we may see some changes to testing policies in the upcoming years as the legality of marijuana usage continues to change.
There are exceptions to requiring drug testing. If an applicant suffers from a disability that prevents him/her from taking the test in a standard manner, or by the required time, companies are expected to make a “reasonable accommodation” for the applicant, according to the Americans with Disabilities Act.
Drug Testing for Job Candidates
Companies drug test for a variety of reasons but many have safety concerns, particularly in manufacturing and transportation industries. An employer can require drug testing but the following provisions should be adhered to in order to avoid workplace discrimination:

The candidate must be informed ahead of time. In Florida, a drug-free workplace must advertise that employees will be tested in its job ad. The test can be administered after the prospective employee receives a conditional offer letter.
All job candidates (with the exception of someone protected under the Americans with Disabilities Act) must be required to take it.
The test must be performed at a clinic or lab.

Drug Testing for Employees
Once you’ve been hired, the drug testing laws are slightly different. An employer can test employees for a variety of reasons including: suspicion-based, post-accident, annual, and random.
Suspicion-based testing requires the employer have a reason behind the test. An employee’s suspicious behavior could involve:

Unexplained changes in behavior
Decline in work production or quality
Slurred speech or unresponsiveness
Sloppy appearance
Erratic behavior
Unsafe behavior (including post-on-the-job-accident
A report of drug use

If any of the above is true, an employee may be singled out for testing. In Florida, employees may also be singled out for testing if it’s part of a regularly-scheduled fitness for the position test or the employee is returning from rehabilitation for a positive drug test.
However, if the employer is unable to prove suspicious behavior (or the other provisions mentioned), and the employee is terminated based on refusing drug testing, the employer may be liable for discrimination and the employee may have grounds for a wrongful termination case.
How an Employment Attorney Can Help
Speaking with an employment attorney can help you understand the laws and exceptions surrounding the legalities of drug testing, including how if you were actively seeking help for a drug problem, you may be protected from termination.
If you feel your employer has violated the law or public policy in drug testing, or you’ve been discriminated against, talk to someone knowledgeable in employment law in Tampa regarding your wrongful termination. Contact Wenzel, Fenton, Cabassa P.A. today to schedule your free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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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 student loans. The CCPA also provides protection against job termination when a garnishment is in place and limits the amount of money that can be sought per paycheck.
So, no. Your employer can’t fire you for having a garnishment order. However, some states do not provide protection for multiple garnishments. Employees are protected for one, but multiple garnishments can be cause for termination. This is not the case in Florida. In the Sunshine state, an employee can never be fired for a reason relating to wage garnishment.
What Garnishment Orders Include
Garnishment orders apply to bonuses, salaries, commissions, and retirement income. Tips are not included. Your wages cannot be garnished by more than 25% of your disposable income or the amount by which your weekly wages exceed 30 times the minimum wage, whichever is lower.
Garnishments are a matter of public record and will remain in effect until they are paid off or bankruptcy is declared.
Why Garnishments are Unappealing to Employers
While your job’s not in jeopardy based solely on having a garnishment in effect, it is important to realize what that looks like to an employer. While they may not be able to fire you based on your garnishment, Florida is an at-will state meaning employers can fire you for no reason at all. If you think you’ve been fired based on your garnishment, you will need to prove it and we can help.
Employers dislike garnishments for several reasons:

A garnishment is established because you had a debt you didn’t pay. This makes employers question your reliability and ability to handle finances – personally and professionally.
Employers may worry that your financial problems may interfere with your ability to concentrate on the job.
Since employers must hold back the wages from you, it adds another layer of administrative process to their payroll.

Seek the Help of an Employment Attorney
If you think you have been terminated based on a garnishment order, you need legal counsel. Speaking with a capable employment attorney will help you understand the process and whether you have the grounds for a wrongful termination lawsuit. It will also bring to light the information and proof you need to receive justice. This is not something you have to weather alone. Our team can help and provide the counsel you need to mount an effective fight and get what you deserve.
If you feel you’ve been terminated by your employer because of a garnishment order, or you were defamed based on the order and are now finding it difficult to find employment, speak with one of our wrongful termination attorneys at Wenzel, Fenton, Cabassa P.A. and schedule your free case evaluation today.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Can I Be Fired For Refusing to Go Back to Work During the COVID-19 Pandemic?
The Coronavirus has presented workers with unprecedented challenges. Health and safety are first and foremost on all our minds. Making that decision to go back to work – or not – is very difficult.
Are you afraid of getting fired for refusing to go back to work during the Coronavirus pandemic? Do you have questions surrounding wrongful termination? We are here to help.
Employee Rights Regarding Wrongful Termination During the Coronavirus Pandemic
Employers, in many states, including Florida, have the right to fire you for any reason that is not illegal. This is called an employment “at-will” state. However, employees are protected from discrimination – that is illegal. Workers are also protected under the federal Occupational Safety and Health Act (OSH Act). The OSH Act requires that employers provide employees

“employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to [the] employees.”

The Occupational Safety and Health Administration (OSHA) does have additional measures that employers must abide by for safety and health standards for varying industries. This includes retail, hospitality, manufacturing, such as meat-packing plants, and more.
But now, in the midst of the Coronavirus Pandemic, we are in uncharted waters when it comes to employment law. The answer to “Can I Be Fired For Refusing to Go Back to Work During the COVID-19 Pandemic?” may depend upon a variety of factors, such as:

The severity of the health crisis in your location
Whether there are Stay-at-Home or Shelter-in-Place directives where you live/work
Local and state laws
Accommodations your employer is making to ensure your health and safety
Specific regulations which may apply to your workplace

These factors may have an influence on how the judicial system interprets laws that address workplace safety and wrongful termination. For example, if an employee reports to work in violation of a government order, this could be a violation of OSHA rules by putting other workers in danger. If an employee refuses to go to work under that same situation, this may be a protected refusal to work given an employee’s right to a safe and healthful work environment.
Further Considerations on Wrongful Termination
Employee rights attorneys are currently discussing what the legal ramifications of refusing to go back to work during the Coronavirus Pandemic could be across the United States. Does the Coronavirus present enough of an immediate threat of serious injury to employees to qualify for protections under federal or state statutes? This could depend on the context of the work environment, such as the nature of the work and whether or not the employee is in a “high risk” category for exposure to the virus.
It is certain that legal professionals will continue to monitor any update to OSHA regulations or other applicable laws regarding employee rights, wrongful termination, and the Coronavirus.
Wenzel Fenton Cabassa, P.A., Employee Rights Lawyers That Fight for Justice
If you have been terminated because you did not go back to work during the Coronavirus Pandemic, have been harassed at work, or feel like your job is at risk, you should consult with an employee rights attorney to determine your best legal options going forward.
Our attorneys understand what a stressful time this is right now and can help guide you and fight for you if legal action is appropriate in your case.
Contact us today to set up a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can I Be Fired or Disciplined for Using FMLA?
Although Florida is an at-will work state, employment law still dictates certain policies that protect employees from wrongful termination. The 1993 Family and Medical Leave Act (FMLA) is one such provision that was put in place to maintain a worker’s job role and reputation during eligible leave.
Can an employer fire or discipline a worker for using approved FMLA? The short answer: no. However, the details are bit more complicated as specific hostile acts in the workplace may be difficult for an employee to recognize. If you were terminated or even harassed upon requesting or taking family medical leave, you may be entitled to lost wages or damages.
Determining FMLA Eligibility and Obtaining Approval
FMLA eligibility varies based on one’s company, as well as the length of employment at the establishment. Typically, staffers who have worked at a business for at least 12 months or 1,250 hours within that period are eligible, although certain restrictions may apply. That is, not all employers are required to offer family medical leave. Smaller companies with fewer than 50 employees within a 75-mile radius do not have to offer leave under FMLA.
Once you have determined your FMLA eligibility, you’ll need to apply for approval via several federal forms.
FMLA and Employee Workplace Rights
Employees have the right to request information on FMLA. In fact, covered employers must display an FMLA poster from the United States Department of Labor (DOL) that outlines eligibility guidelines (and more) in an eye-catching place like an employee break room. Employees also have the right to take leave if they work for a qualifying employer, and they are eligible.
Since FMLA is protected by federal employment law, a manager cannot retaliate against a worker for exercising his or her occupational rights. Consider the following unlawful examples of retaliation:

An employee requests information about using FMLA to care for her sick mother; shortly after, she is inexplicably demoted to a position that demands less.
A worker returns from FMLA-approved leave after caring for a sick child. Upon return, he is consistently subjected to hostile behavior, including workplace bullying and discrimination regarding his masculinity and right to take FMLA leave. His superiors claim his soft side impacts his job performance. He is eventually fired.
Despite delivering exceptional work, the employee is denied her annual performance bonus, which she received last year under the same circumstances, except this time, the bonus is denied shortly before her family's medical leave begins.

Filing a Complaint
The examples above are hypothetical. Only an FMLA attorney can offer insight into your specific situation and whether your wrongful termination or hostile workplace claim qualifies. If your assertions meet the requirements to prosecute, an employment attorney will work with you to file a formal complaint against your former employer.
Still active at the company? No problem. Hiring a lawyer ensures your complaint is taken seriously, which often makes an employer less likely to retaliate once a claim is initiated.
If you have questions regarding wrongful termination or retaliation related to FMLA, contact Wenzel Fenton Cabassa, P.A. today to schedule your free case evaluation, 813-365-3417.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can I Sue for Workplace Retaliation?
Sometimes people feel the only way to be heard is through a lawsuit. They feel intimidated and bullied by an employer or a co-worker and it seems the only way to get people to pay attention to their rights is to threaten to sue.
Sometimes that’s the only recourse.
Deciding to Sue for Workplace Retaliation
When it comes to employment law and the areas of employment discrimination and workplace retaliation, seeking legal advice early on in the process may prove to be invaluable to you in the long run. Most employers will seek legal advice before making significant decisions regarding your employment status particularly when their analysis of the issue suggests there may be the basis for a legal challenge to their decision.
Whether the filing of a lawsuit is an option available to you, or there or other and perhaps better option, is something you need to consider with the benefit of having an employment attorney on your side.
Generally speaking, before you can file a lawsuit alleging unlawful retaliation in the workplace, you must file a charge alleging the facts that support your claim that action was taken against you because you engaged in protected activity (such as making a complaint that you were being harassed based on your sex, or complaining about workplace safety issues, or participating in an investigation of the company for its unlawful activities.) You have to identify the appropriate agency to file your charge with.
For example, you may file a complaint with the United States Equal Employment Opportunity Commission (EEOC) and/or the Florida Civil Rights Commission or OSHA, which administers many laws which prohibit retaliation, depending on the circumstances of your claim. The time period you have to file the charge is limited and varies depending on your specific circumstances.
There may be advantages to where you file and when you file and the content of that charge is always important as it will govern the scope of your claims. All of these questions and issues may seem overwhelming but they do not need to be. You should ask for the advice of an experienced attorney from the outset to help you navigate these often confusing waters. The minute your employer knows the EEOC is doing an investigation of the incident(s), they will contact their attorney. They’ll want someone involved from the beginning and you should too.

 
Have more questions about retaliation in the workplace? Get our free Guide, When Good Deeds Are Punished: Retaliation in the Workplace.
What Do I Do If I Think I’m Being Retaliated Against?
In 2015, 40,000 charges of retaliation were filed against employers with the EEOC. Charges of retaliation made up more of the charges filed than any other form of discrimination or harassment, so if you’re trying to convince yourself it’s not happening, you may want to reconsider?.
What can you do to hold your employer accountable for its unlawful retaliatory acts?

Take Notes.
Take notes on the negative employment action that you’ve experienced as a result of asserting your opposition to a discriminatory act or participating in other protected activity. You’ll eventually need to prove that your employer knew that you engaged in a protected activity, so capturing all of the information while it is fresh in your memory is best.

Contact a Retaliation Attorney.
While this is not required, keep in mind your employer will have one. A retaliation attorney can help give you an idea of what you need and what you can expect. Most will do an initial consultation to better understand what you’ve been dealing with.

File a Charge with the Appropriate Agency.
In most cases you must file a charge of retaliation with the appropriate agency such as the EEOC or the <a “nofollow” href=”http://www.workplacefairness.org/file_FL”>Florida Commission on Human Relations before you can bring a lawsuit against your employer. After you’ve filed, your employer will be notified by the agency and asked to respond. At this point, the agency will either:

Investigate
Try to settle the claim
Ask your employer to work it out with you through mediation

 
The administrative process can be long and drawn out (sometimes for years) but there are opportunities if you are represented by counsel to engage the employer’s representative in early discussions and negotiations throughout the administrative process to resolve the dispute, identify the issues, and pave the way for settlement or a faster route to the courthouse.

Exhaust Your Administrative Remedies
Generally, you cannot file a lawsuit until you have met your obligation to exhaust your administrative remedies. This may mean you have filed a charge and now have a right to sue letter in hand. Or, a sufficient period of time passes with no action by the agency, in which case you can file a lawsuit even without that right to sue letter.
For most employment-based retaliation claims you can only proceed with a lawsuit AFTER you satisfy the administrative process but there is a lot you can do during that process to resolve your claim- even when the agency moves slowly- an experienced employment lawyer will use the time wisely to communicate your claims to the employer to try to resolve your dispute.

There are some retaliation claims that can go directly to court. These include retaliation for complaining or filing an overtime wage dispute and retaliation for taking leave under the Family & Medical Leave Act.
If you believe you’re being retaliated against because you were engaged in a protected activity, find out your legal rights. At Wenzel Fenton Cabassa, P.A., we only work for employees. We can help you confidently navigate the complicated waters of a workplace retaliation claim.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Can I Sue My Employer for Changing My Time Card?
Employees deserve to be paid accurately for their hours worked, so unauthorized time card changes can be not only upsetting but potentially illegal. If you have been wondering, “Can I sue my employer for changing my time card?” The possibility of suing hinges on specific circumstances.
In this guide, we will explore the legalities of time card alterations by employers, providing key information regarding employee rights and the potential impacts on employees that can occur due to these changes.
This guide will also outline how an employee could file a lawsuit if the employer falsifies time sheets.
 
Can Employers Legally Alter Time Cards?

Employers can take certain actions regarding time cards, but others are legally prohibited. Understanding the differences between legal and illegal actions is essential to determine if you may have a case.
Federal wage and hour legislation, such as the Fair Labor Standards Act (FLSA) administered by the U.S. Department of Labor, dictates the legality surrounding time card alterations and exceptions.
 
The Fair Labor Standards Act (FLSA) and Time Card Alterations
The Wage and Hour Division of the U.S. Department of Labor administers the Fair Labor Standards Act (FLSA). It establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting nonexempt employees in the private sector and Federal, State, and local governments. 
While the FLSA establishes federal standards for wage and hour regulations, individual states might have their own specific laws and processes. It’s essential for workers to be aware of their local regulations and consider consulting with local attorneys for guidance.
The recordkeeping component of the legislation includes guidelines that employers must obey regarding time card alterations. It requires employers to keep records of the following:

Start time and day of the employee’s workweek.
Daily hours worked.
Basis for wage calculation (e.g., “$11/hr”, “$500/week”, “piecework”).
Regular hourly pay.
Daily or weekly straight-time earnings.
Overtime earnings for the workweek.

Timekeeping methods can be paper-based, electronic (e.g., email), or through automated cloud platforms.
 
The Importance of Electronic Time Card Accuracy Across All Industries
Electronic time cards have become a staple in many workplaces, from retail and manufacturing to healthcare and beyond. While the method of clocking in and out may vary from one industry to another, the responsibility of the HR department and management remains consistent: ensuring these electronic records are accurate and well-maintained.
Are you a remote worker?  You may have an internal electronic system with your company that you log in to, be tracked by an automatic cloud-based platform, or another method. Your company likely monitors these, while certain positions have more independence. Accuracy is still necessary to ensure employees are paid appropriately for all hours worked. 
The FLSA requires employers to have accurate and up-to-date information on time cards and all items listed above. If an employer falsifies timesheets, they can face lawsuits, fines, and potentially even criminal charges.
 
Exceptions: When Can an Employer Clock You Out Without Your Knowledge?

While workplaces are often bustling with activity, leading to occasional oversights in timekeeping, any corrections made by employers must genuinely represent the actual hours worked. It’s not only important for these adjustments to be accurate, but they should also be communicated transparently to the affected employees. Let’s explore some situations where these corrections might be legally warranted.
Can an employer clock you out without your knowledge? Yes, in certain circumstances. 
For example, say you are a retail clothing store employee and just finished your 9-6 shift. You had a birthday party to attend that was across the city by 7 pm and were in a rush. You forgot to clock out. The manager (or another authorized person in charge of timekeeping) can enter the system and input 6:00 for your clock-out time. 
Have you ever brought a delicious lunch to work and were so hungry you went right to the microwave to heat it up and forgot to clock out? An authorized person can go in and put in your actual lunch break times. 
Other legal scenarios when an employer may be able to adjust time cards include the following: 

An employee called in sick or took vacation time.
An employee could not clock in or out to technical issues with the system.
An employee created a double punch when they clocked in or out. 
An employee had to leave work quickly for personal reasons. 
An employee recorded the wrong time on their time sheet. 

These adjustments all have to be factual in the employee’s hours worked.
 
When is Employer Time Card Manipulation Illegal?
Employers sometimes take illegal actions with time cards to save money or increase their profits. Employees should not be taken advantage of in this way, and this behavior should never be tolerated. 
 
Unauthorized Changes to Employee’s Scheduled Work Hours
Making unauthorized changes to an employee’s scheduled work hours is illegal. 
Consider a situation where you’ve consistently worked set hours at a store or warehouse, only to find that management or supervisors alter your time card, reducing the hours you’ve actually worked. This could happen by changing your clock-out time or shaving off minutes from your shifts.
It violates your rights when an employer deducts small amounts of time from your recorded work hours, which can add up to significant wage theft.
 
Not Paying for All Hours Worked
When an employer is not paying employees for all hours worked, this is another form of illegal time card change. 
Example: You are a hospitality professional working at a nice hotel. Your manager consistently asks you to come in early or stay late after your regular working hours to help set up special events or to clean up afterward, saying that it will help you get promoted. They do not pay you for that extra time. 
 
Off-the-Clock Work
Off-the-Clock Work, essentially any task an employee performs outside their scheduled hours without clocking in, is a significant concern. It often results in wage underpayment, including the omission of deserved overtime. Employers must ensure employees are compensated for all tasks performed, regardless of whether they’re conducted within regular work hours.
 
The Infringement: How Time Card Changes Impact Employees
Unlawful time card changes can have huge impacts on employees. Financial difficulties are common due to nonpayment of all hours worked, which can cause bills to be paid late and household instability. It can prevent employees from saving money to buy a home or a car. Time card changes can lead to a cascade of problems. These can place immense stress on a family, disrupt your standard of living, and even jeopardize your career.  
 
How Unlawful Time Card Changes Can Affect Your Paycheck

Each action an employer takes to unlawfully change your time card hacks away at your financial stability. 
Consider this: if they shave off two hours of OT every week due to time card changes, that eight hours could take eight family dinners off the kitchen table. If the changes continue over a year or more, they can create absolute havoc in multiple areas of your finances. 
Unlawful time card changes equate to your employer taking cash directly from you. 
Scope of impact example: According to the U.S. Postal Service Office of the Inspector General, from the fiscal years 2014 – 2019, employees filed 41 grievances nationwide related to disallowed time card adjustments, resulting in $532,708 in grievance payments, which averages $12,992 per employee. This is a significant loss of wages – and money that can go toward rent/mortgage, food, utilities, education and supplies, vacations, healthcare expenses, and more. 
    
The Hidden Costs: Psychological Impact and Job Satisfaction
When employers falsify timesheets, the hidden costs aren’t just monetary. Falsifying timesheets can affect performance, which in turn can harm your career prospects. According to an American Psychological Association (APA) Work and Well-being Survey, a whopping 71% of respondents found workplace stress to be a major source of anxiety. While this includes a range of workplace issues, it’s crucial to identify whether time card alterations contribute to this stress and communicate with employers or HR departments about it. 
 
How To Sue an Employer for Changing Time Cards
In continuing to address the question, “Can I sue my employer for changing my time card?” it is necessary to understand the process for this type of employee rights violation lawsuit. 
The first step is to consult an experienced employee rights attorney. You should do your best to collect evidence associated with the time card changes regarding your complaint, and the attorney will evaluate the claim and advise on the next steps. 
 
What Proof Do You Need to Sue Your Employer for Changing Your Time Card?
Evidence that can support such a lawsuit includes:

Documentation of weekly schedules 
Pay stubs or copies of electronic paychecks
HR documentation of your hourly rate of pay
Documentation of related communications (such as emails, texts, or voice messages requesting/requiring you to come to work outside of your designated schedule)
Documentation of working outside your designated schedule (such as photos or related materials of events, special projects, etc.)

Documenting everything is very important to building a powerful case.
 
The Process: How to Initiate a Lawsuit for Unlawful Time Card Changes
If you have a valid case, you must file a claim under the FLSA. The claim should be accurate, comprehensive, and as strong as possible.
After this is filed and processed, negotiations for fair compensation with your employer will be conducted. If necessary, the case will go to court, and your attorney will advocate on your behalf for justice and resolution.   
 
Employees Who Sued Their Employers for Time Card Changes
In 2021, UPS employees in California sued the company accusing them of changing their time cards and not paying them for work-related activities. The time cards were changed on multiple occasions.
In 2022, Minneapolis home healthcare workers filed a complaint against Golden Valley, a national chain, to recover back wages and liquidated damages. The Wage and Hour Division of the DOL determined that the employer owes $75,101 in overtime back wages to the affected workers.
Regardless of size, employers should be held accountable for violating employee rights. 
 
Empowering Employees in the Face of Unlawful Time Card Changes
In conclusion, understanding your rights regarding time card alterations is paramount. If you suspect discrepancies in your recorded hours, take proactive measures. It’s essential to seek guidance from an experienced employment lawyer if you believe your employer has unlawfully altered your time card, as legal recourse is available to protect your rights.
At Wenzel Fenton Cabassa, P.A., we have extensive experience in handling wage disputes and protecting the rights of employees. Our team of skilled employment attorneys is well-versed in labor laws and can provide the necessary expertise to evaluate your case and guide you through the legal process.
By consulting with our attorneys, you can understand your rights, gather the necessary evidence to support your claim and navigate the complexities of filing a complaint or pursuing a lawsuit. We are dedicated to fighting for justice on behalf of employees whom unlawful time card alterations have victimized.
Don’t let your hard-earned wages be unjustly withheld or manipulated. Take a proactive step towards securing your rights and holding your employer accountable. If you believe you have a case involving unlawful time card changes, contact Wenzel Fenton Cabassa, P.A., today to schedule a free, confidential case evaluation with one of our experienced wage dispute lawyers. Together, we can strive for fair compensation and workplace justice.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can I Sue My Employer for Discrimination? Filing A Discrimination Claim In Florida
Employment discrimination negatively affects the careers and lives of many Florida workers every year. But employment law can be quite complex. Difficulties often occur in the workplace, but that does not necessarily mean what happened was illegal.
The basic answer to, “Can I sue my employer for discrimination?” is YES. But it is necessary to understand what that means prior to filing a discrimination claim.
What is Considered Workplace Discrimination?
Employment discrimination is treating someone differently either in the hiring process or as an employee, specifically due to that person being in a category protected by law. The Equal Employment Opportunity Commission (EEOC) is the federal agency which administered federal laws (and state law if dual filed) protecting you against employment discrimination, including being treated differently because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.
Types of behaviors/actions that could qualify for filing a discrimination claim include:

Unequal treatment
Harassment
Denial of a reasonable workplace change (due to a disability or religious needs)
Improper questions about or disclosure of your genetic information or medical information
Retaliation (due to you filing a complaint of discrimination or being involved in an investigation)

How do You Prove Employment Discrimination?
There are multiple ways to prove employment discrimination. Each case has its unique circumstances and requires its own strategy. Employee rights lawyers will often use varying types of documentation that verify the events and circumstances, which may include witness statements as well as detailed information, including dates, times, what occurred, what was said, and related physical and digital evidence.
Documentation and circumstantial evidence may include:

Employee reviews, pay stubs, and schedules
Copies of derogatory/offensive communications such as emails, texts, memos, voice mails, and pictures
Comments by supervisors or managers that reflect stereotypes
An employer that segregates job duties by category, such as sex or race
Other related materials, including journals, calendars, etc.

What Laws Protect Employees from Workplace Discrimination?
Luckily, there are federal laws in place to protect employees who’ve suffered discrimination in the workplace.
Title VII of the federal Civil Rights Act of 1964 (“Title VII”): Prohibits employment discrimination based on race, color, religion, sex, or national origin. It also prohibits retaliation for complaining about illegal discrimination.
Age Discrimination in Employment Act (“ADEA”): Protects individuals age 40 and older from discrimination.
Title I and Title V of the federal Americans with Disabilities Act of 1990 (collectively “ADA”): Prohibit employment discrimination against qualified individuals with disabilities in the private sector and in state and local governments.
Florida Civil Rights Act (“FCRA”): Makes it unlawful to discharge, fail or refuse to hire, or discriminate in “compensation, terms, conditions, or privileges of employment” based on a person’s race, color, religion, sex, national origin, handicap, or marital status. Like its federal counterpart, the FCRA also protects employees from retaliation for complaining about illegal discrimination.
Both Title VII and FCRA claims have similar requirements and similar (but not identical) remedies. However, before filing a lawsuit against your employer for sexual harassment and/or discrimination under either federal or Florida law, you must first file a “Charge of Discrimination” with either the Florida Commission on Human Relations (“FCHR”) or the Equal Employment Opportunity Commission (“EEOC”).
How Do I File a Discrimination Claim Against My Employer?
Filing a discrimination claim against your employer can be completed in several ways. The EEOC allows a “Charge of Discrimination” claim to be filed electronically at its online portal or in person at a local EEOC office. A claim of employment discrimination may also be filed under the FCRA. A discrimination attorney examines the details of the claim and can advise you on the best way to draft andfile your particular claim. You do not need to file the charge on your own or through the EEOC directly. Your employment lawyer can take care of all of those details and, most importantly, advise you as to the content and detail in the charge.
How Long Do I Have to File an Employment Discrimination Claim?
The short answer is “it depends.”
It is important to remember that before pursuing a sexual harassment or discrimination claim under either federal or Florida law, you must first file a Charge of Discrimination with the Equal Employment Opportunity Commission (“EEOC”) and/or the Florida Commission on Human Relations (“FCHR”).
If you’re considering filing a “Charge of Discrimination” against your employer, be aware that there are certain timeframes and guidelines you must follow.

Charges for violation of federal law, including Title VII, must be filed within 300 days from the date of the last adverse employment action (in Florida the rule is 300 days. Some states do not have a work-share agreement with the EEOC and the time period to file is only 180 days).
Charges for claims brought under the FCHR must be filed within 365 days.
Claims that may be viable under federal law may be procedurally barred under the FCRA and vice versa.
In Florida, a “workshare agreement” between the EEOC and FCHR contains a “dual filing” provision, meaning that a Charge filed with one agency is generally considered filed with the other.

What Happens After I File a Complaint?
Once a Charge is filed, then either the EEOC or FCHR begins investigating the allegations contained in the Charge. The results obtained by a Charging Party from EEOC and FCHR investigations vary greatly. Typically, after 180 days, you may file a lawsuit provided that the EEOC has notissued a determination or right-to-sue letter. You do not need to wait around forever while the charge is pending with the EEOC before taking independent action. If a right to sue letter is issued before 180 days, shorter time frames within which to file are applicable.
How Can a Discrimination Attorney Help My Case?
A discrimination attorney works aggressively to fight for your rights against powerful employers. They provide comprehensive expert analysis of your claim and understand what it takes to build a strong case to hold employers accountable for violations of employment law, including cases of employment discrimination. A discrimination attorney leads as your advocate throughout the complex processes and strict deadlines, fighting for fairness.
When working hard toward the resolution of a case, we provide expert negotiation, mediation, and arbitration. If needed, we do not hesitate to try our cases. We are your advocate each step of the way.
Do you have a case? Contact the Discrimination Attorneys at Wenzel Fenton Cabassa, P.A., today to schedule a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can I Sue My Employer for Not Paying Me Overtime? What You Need to Know
The short answer is: YES.
Don’t work for free for another second.
If you are not being paid for overtime by your employer it is critical that you contact an attorney immediately to protect your rights, and to ensure you recover the hard-earned money your employer might be withholding from you.
Every day you wait to contact a lawyer about your lawsuit costs you money and may bar part – or even all – of any potential recovery to which you may be entitled.
 
Not Being Paid for Overtime? Here’s What You Can Do.
Leveling the Overtime Playing Field With FLSA
The Fair Labor Standards Act, also known by its abbreviated title – the “FLSA” – is a powerful federal law that may be used as a weapon by employees to level the playing field against an employer who refuses to comply with the law.
Congress enacted the FLSA in 1938 to protect the rights of workers throughout this country. Generally speaking, the FLSA requires employers to pay employees at least minimum wage for all hours worked, and time-and-a-half for hours worked in excess of forty during a given workweek.
 
Who Can Recover Unpaid Overtime?
The FLSA does have exceptions, also known as “exemptions”.
For example, professional employees who are paid salaries and meet other criteria are not eligible for overtime pay. Other employees who may be exempt include:

Independent contractors
Seasonal workers
Volunteers

An employee who brings a successful FLSA claim is entitled to recover back pay for all unpaid overtime for a period of either two or three years before the lawsuit was filed, as well as attorneys’ fees and costs.
Employees may also, in certain cases, recover double the amount of unpaid overtime owed, commonly referred to as “liquidated damages.”
3 Common Unpaid Overtime FLSA Violations
What are some of the most common FLSA violations?

Working “off the clock”

Time spent working “off-the-clock” is one of the most common FLSA violations today.
For example, an employee may decide to take office work home with him to ensure he is caught up after a busy week.
Or, an employee may opt to work through his or her lunch break despite the fact that they are either clocked out, or the employer automatically deducts lunch breaks from paychecks.
Employers must pay non-exempt employees for time worked “off-the-clock”, including overtime pay.

Misclassification

Misclassification is another common FLSA overtime provision violation.
Employers will sometimes convince their employees that because they are paid a salary they are not eligible for overtime hours. In many cases the employer is wrong.
The only employees not eligible for overtime pay are those who fall into certain categories that Congress mandated as exempt from overtime pay.
The best way to determine whether you are exempt, or not, is to contact one of our attorneys for a free “exemption analysis.”

“Comp” or “On Call” time

Employers also frequently violate the FLSA through the use of “comp time”, and “on-call” time.
Under the FLSA private employers may not use “comp time”, i.e., giving an employee an hour off of work on another day for hours worked in excess of forty. Such “comp time” policies violate the FLSA because they prevent employees from receiving an overtime premium for working more than forty hours in a given week.
Similarly, time spent working “on-call” for an employer may also be compensable if an employee’s movements are restrained due to the need to remain available to answer any “on call” requests made by the employer or customers of the employer.
 
Your Employer Can’t Fire You For Pursuing Unpaid Overtime
Fortunately, one of the FLSA’s strongest components is its anti-retaliation provision.
This provision forbids employers from taking any kind of “adverse” employment action against any employee, former or current, who has either complained about the employer’s FLSA violations, or even filed a lawsuit against the employer while the employee is still employed.
In other words, you don’t have to quit your job to file a lawsuit against your employer because the FLSA prohibits employers from firing people under the FLSA (although some employers may choose to ignore the law and do so anyway).
If you file a lawsuit against your current employer and you do lose your job as a result, you may have an additional claim against your employer for retaliation. Such claims have additional remedies available to employees, including compensatory damages.
If you have any questions about a potential overtime claim against your current employer, please call Wenzel Fenton Cabassa, P.A. today.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Can I Sue My Job for Racial Slurs?
Racial slurs in the workplace are never acceptable. Not only are they offensive and harmful, but under federal and Florida law, repeated slurs, racist comments, or “jokes” may qualify as unlawful harassment. If these behaviors create a hostile work environment or influence decisions about your job, you may have the right to take legal action against your employer.

Below, we break down when racial slurs become illegal, how the law protects you, and what steps you should take if you’re experiencing race-based harassment at work.

Are Racial Slurs at Work Illegal?

Racial slurs can be considered unlawful workplace harassment when they are repeated, severe, or create a hostile work environment. Both Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act protect employees from discrimination and harassment based on race.

To be legally actionable, courts typically evaluate whether the harassment was “severe or pervasive.” This means:

Severe: A single extremely offensive incident may qualify

Pervasive: Ongoing or repeated slurs, insults, or racist jokes

If you’ve been targeted with racial slurs at work, the race discrimination attorneys at Wenzel Fenton Cabassa, P.A. can help you understand your rights and options.

What if My Boss Makes Racist Comments or “Jokes”?

Racist jokes, slurs, mocking language, or stereotypes can create a hostile work environment when:

It happens repeatedly

Complaints of discrimination are ignored

Certain races are not given equal opportunity 

You do not need to “prove” that your boss intended to be racist. What matters is the impact on your workplace environment and whether the behavior was unlawful. If your workplace tolerates this behavior, you may have a claim for race-based harassment.

Can I Be Fired for Reporting Racial Slurs?

Firing someone because of their race or because they complained about racial harassment violates both federal and state law.

If you lost your job after reporting slurs or discrimination, this could be:

Race discrimination

Wrongful termination

Unlawful retaliation

If you suspect your termination was connected to race or to your complaint, speak with a race discrimination attorney at Wenzel Fenton Cabassa, P.A. immediately. 

Can I Be Denied Promotions Because of My Race?

Yes, denying an employee promotions based on race is illegal.

If you are qualified for advancement, but:

A less-qualified employee of a different race is repeatedly promoted

You are excluded from opportunities or training

Your supervisor uses stereotypes when evaluating you

You notice a pattern of racial favoritism

…you may be experiencing workplace discrimination.

What Is the Statute of Limitations for Race Discrimination Claims in Florida?

Race discrimination claims have strict deadlines and require a charge to be filed with the EEOC or the Florida Commission on Human Relations before a lawsuit can proceed.

Important timing details include:

Federal and Florida laws require prompt filing

Missing deadlines can bar you from pursuing your case

A claim under 42 U.S.C. §1981 generally has a four-year statute of limitations, per the U.S. Supreme Court

If you’ve experienced race discrimination in the workplace, reach out to Wenzel Fenton Cabassa, P.A. Our team handles race discrimination matters throughout Florida and can assess your case, outline your options, and help you take the next steps with confidence.

What Should I Do If I’m Experiencing Racial Slurs or Harassment at Work?

If you’re facing racial slurs, hostility, or discrimination, consider:

1. Document Every Incident

Write down dates, times, what was said, who witnessed it, and how you responded.

2. Save Proof

Keep emails, texts, messages, or screenshots that show the harassment.

3. Report the Behavior Internally (If Safe to Do So)

Follow your company’s reporting procedures or escalate to HR.

4. Speak With an Employment Lawyer

Race discrimination cases are complex. An attorney can guide you, protect your rights, and help you take action.

Speak With a Florida Workplace Race Discrimination Lawyer Today

Race-based harassment is illegal, and you have the right to a workplace free from discrimination and hostility. If you’re experiencing racial slurs or believe you were treated unfairly because of your race, the attorneys at Wenzel Fenton Cabassa, P.A. can help you fight back.

Contact us today for a confidential case evaluation and learn how we can protect your rights.

#### Can My Boss Take My Tips? The Laws of Tip Ownership
Employees in the Florida service industry strive to deliver outstanding customer service for many reasons. For some, the prospect of earning tips serves as a rewarding incentive for a job well done. For others, tips are essential for covering their basic living expenses, making excellent service not just a goal but a necessity.
You may ask yourself, “Can my boss take my tips?” The answer isn’t as simple as it might seem. The Fair Labor Standards Act (FLSA) is key to employee tips. This law outlines an employer’s responsibilities regarding minimum wage, overtime pay, and how tips should be handled. Understanding these regulations is essential to knowing your rights.
What Does the Law Say About Employers Taking Tips?
The Fair Labor Standards Act (FLSA), established in 1938, has undergone numerous amendments to adapt to evolving workplace needs. However, its core purpose remains the same: protecting employees' rights to fair wages and setting clear restrictions on how employers manage their workers' earnings. So, is it illegal to withhold tips from employees?
Under the FLSA, employers generally have no legal claim over their employees’ tips. Even if employees earn more than the minimum wage through tips, employers cannot take action to limit, withhold, or reduce those earnings.
Additionally, all employees in Florida must receive at least the applicable minimum wage. For non-tipped employees, this means the full state minimum wage, which is adjusted annually for inflation. Florida allows a tip credit for tipped employees, meaning employers may pay a lower direct hourly salary, as long as the employee’s tips combined with the base wage meet or exceed the full minimum wage. If the total falls short, the employer is legally required to make up the difference to ensure compliance.
Can Employers Take Tips From Employees?
No, employers cannot take tips from employees under federal law. The FLSA explicitly prohibits employers from keeping any portion of tips that employees receive, even if those tips push their earnings well above the minimum wage.
Employers may only handle tips in limited circumstances, such as:

Ensuring proper distribution in a legal tip pool (where tips are shared relatively equally among tipped employees)
Withholding credit card processing fees from tips is not allowed under Florida law. Employers must pay tipped employees the full tips left on a credit card, regardless of processing costs.

Employers cannot take tips for themselves, use tips to offset payroll expenses, or reduce base wages based on tip earnings.
Employees may have legal recourse to recover their earnings and seek additional compensation if an employer unlawfully withholds tips.
Employer Withholding Tips: Is It Legal?

In most cases, employees are entitled to keep 100% of their tips. If, for example, an employee earns $750 in tips in a single pay period, the employer cannot reduce their wages or take a portion of those tips just because they believe the employee earned “too much.”
Additionally, an employer cannot withhold tips through an illegal tip pool. If an employer or manager takes a share of employees’ tips in a tip pool, they violate the FLSA and illegally withhold wages.
However, there is one notable exception: mandatory service fees.
Service Fees vs. Tips
Some establishments charge service fees instead of relying on customer tipping. These service fees are not considered tips under the FLSA, meaning employers can legally keep them.
For example, if a restaurant adds a 20% service charge to large party orders, that service fee belongs to the employer, not the employee, even if customers leave no additional tip. However, the employer must compensate for the difference if an employee’s total wages (including base pay and any service fees received) fall below the minimum wage.
The Role of Managers in Tip Collection
The Fair Labor Standards Act (FLSA) and other applicable laws provide clear guidelines on managers' roles regarding employee tips: Managers should not take employee tips. Tips belong solely to the employees who earn them and should remain untouched by management. But what if they just ignore the law? Are managers allowed to take tips? 
Managers cannot claim a portion of employees’ tips, even if an employee’s total earnings—including wages and tips—exceed the minimum wage. As of September 30, 2024, Florida’s minimum wage for non-tipped employees is $13.00 per hour. Employers may apply a tip credit of up to $3.02, requiring them to pay tipped employees a direct cash wage of at least $9.98 per hour.
For example, if a tipped employee works an 8-hour shift, they must earn at least $104.00 in wages and tips to meet the minimum wage requirement. If they earn $150 (wages plus tips), the employer cannot take the additional $46 in tips under any circumstances. Tips belong entirely to the employee.
Can Managers Take Tips?
No, managers cannot take employee tips under the Fair Labor Standards Act (FLSA). The law strictly prohibits management from keeping any portion of employee tips, whether through direct collection or indirect means. Even if an employee earns well above minimum wage due to tips, the manager still has no right to withhold or collect those tips.
The only time management has a role in tips is when operating a tip pool, but even then, they cannot participate in the pool. Their role is strictly administrative, ensuring that tipped employees receive their fair share.
Additionally, managers and supervisors are not allowed to take tips from employees, even if they occasionally perform the same duties as tipped employees. If a manager directly serves customers, they still cannot collect tips unless the tip was explicitly given for their service and was not part of a tip pool.
Managers Can:

Set up a tip pool (but not participate in it)
Ensure all tipped employees receive at least minimum wage
Guide how tips are distributed

Managers Cannot:

Take any portion of employee tips
Participate in tip pooling
Use tips to offset other business costs

Employees who believe their manager is illegally taking tips may have legal options to recover lost wages and ensure compliance with labor laws.
Can Salaried Managers Collect Tips?
There is considerable confusion among employees over the question, “Can managers take tips if they work?” This is largely the result of employers using a rather expansive definition of the position of “manager.”
These employers assign employees with experience as managers and assistant managers over other employees while requiring those “managers” to do the same work as the employees they supervise.
If the manager receives a tip for a service that the manager alone provides to a customer, then generally, that manager will be allowed to keep the tip. If any other employee assists the manager, then any tip received belongs to the employee, not the manager.
Understanding Tip Pooling Laws
Your employer may not personally pocket your tips or allow managers to take a share. Instead, they might require you and other tipped employees to contribute some of your earnings to a shared “tip pool.” All tipped employees receive a portion of the tips collected from this communal pot.
Tip pooling comes with both benefits and drawbacks. On the one hand, if your shift happens to be slower or your customers are less generous with tipping, the pooled tips ensure your earnings still reflect the overall success and productivity of the business during your shift. This system can provide a financial cushion during quieter periods or when tips are sparse.
Not all employees are enthusiastic about tip pooling. If you have a particularly successful night, earning generous tips from your customers, you might feel you’ve rightfully earned those rewards. Sharing your hard-earned tips with other employees may seem unfair, especially if you believe it benefits individuals who haven’t worked as diligently.
Although tip pooling is legal in Florida, it comes with strict guidelines. For instance, managers and supervisors are prohibited from participating in employee tip pools. Additionally, every employee involved in the pool must still earn at least the minimum wage, regardless of how the tips are distributed.
If your employer utilizes a tip credit, it can only apply to the portion of tips you are allowed to keep, not the total amount you contribute to the pool. Understanding these rules is crucial to ensure fair treatment and compliance with the law.
For instance, imagine you earned $90 in tips but only kept $30 after the tips were distributed through a tip pool. In this case, your employer can only claim a $30 credit toward your wages, as the remaining $60 was allocated to your co-workers. 
Additionally, employers must notify you about the tip pool before implementing it or requiring your participation.
Legal Recourse if Your Tips Are Taken or Withheld

Facing a situation where your employer illegally withholds your tips can be intimidating, leaving you feeling powerless to challenge the issue. However, you have legal rights under the FLSA and other state and federal laws. It’s essential to understand these protections and take action to uphold them.
If you suspect or know that your employer is withholding your tips, it’s crucial to contact an experienced employment and labor law attorney as soon as possible. A skilled Wenzel Fenton Cabassa attorney can assess the specifics of your case to determine if an FLSA violation has occurred. They can also act quickly to preserve critical evidence, such as pay statements and receipts.
Should your employer refuse to pay what you are rightfully owed, contact the experienced wage and hour attorneys at Wenzel Fenton Cabassa, P.A. We can help you evaluate your situation and take the appropriate legal steps to recover unpaid wages. Additionally, you may be entitled to reimbursement for the costs associated with pursuing your legal claim. Employers who willfully or repeatedly violate the FLSA can also face penalties of up to $1,000 per violation.
You don’t have to accept unfair treatment. You can protect your rights and hold your employer accountable by taking the appropriate legal steps.
Get Assistance From an Attorney
If you’re not receiving the tips you’ve earned or have concerns about your pay, it’s crucial to act quickly. Contact the experienced team at Wenzel Fenton Cabassa P.A., a Florida employment law firm with over 30 years of fighting for workers’ rights. 
At Wenzel Fenton Cabassa P.A., we are dedicated to helping employees achieve the justice they deserve. As trusted advocates and advisors, we leverage our deep knowledge of state and federal labor laws to protect your workplace rights and ensure fair treatment.
Get in touch with us today for a free case evaluation. Our experienced Florida wage dispute attorneys are here to provide the guidance and support you need.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can My Employer Refuse Time Off for Surgery?
You have an upcoming surgery or procedure, and you’ve been preparing for weeks or longer. You’ve undergone preoperative tests and arranged for family members to care for you at home while you recover. There’s one final step, and it seems simple enough: asking your employer for time off.
If your employer denies your request, you will be understandably shocked. You are now faced with the dilemma of whether to postpone your surgery and risk your health or keep your surgery appointment and risk losing your job.
If you wonder, “Can my employer refuse time off for surgery?” the answer might surprise you. In some situations, an employer can legally deny your time-off request. However, federal laws protect many employees who need time off for surgery or other medical problems.
Employee Rights and Employer Responsibilities

The two main federal laws that speak to your employer’s obligation to give you time off to undergo surgery are the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Each law outlines rights and responsibilities for both the employer and employee.
The ADA requires employers to make reasonable accommodations for any employee who has a disabling condition if it will allow the employee to perform the essential functions of his/her job. What constitutes a reasonable accommodation will differ from employer to employer, but it may include giving time off to undergo surgery.
This requirement is balanced by the employer’s right not to agree to unreasonable demands or arrangements. If a proposed accommodation would cause significant disruption to the employer’s business and operations, the employer is not required to agree to or implement it.
The FMLA protects certain employees when they must step away from work for medical reasons, ensuring they do not lose their position or employment-related benefits. This protection lasts for up to 12 weeks per year.
During FMLA leave, employers cannot demote or fire the protected employee, and the employee must be permitted to return to work in a position they would have been in had they not taken a leave of absence.
However, not every employer must offer FMLA leave, and not every employee will qualify for FMLA. Moreover, not every condition for which surgery is sought qualifies for leave under FMLA. Employees attempting to secure FMLA leave when they are not eligible can have their leave request denied or revoked.
In addition, employees who know they must take FMLA leave must give their employers at least 30 days advance notice. If they do not, the leave request may be denied.
Circumstances Under Which Time Off Can Be Refused
If leave is not required under the ADA or the FMLA, employers are not required to grant it. In this situation, an employer can deny a request for leave for any reason, provided the reason is not discriminatory or illegal.
First, employers can deny time off for surgery if the request burdens the business too much. If your surgery is one of several requiring you to be absent from work for lengthy and unpredictable periods, your employer may not have to accommodate your request for time off.
The smaller the business, or the more specialized your job position and skills, the greater an absence due to surgery will burden your employer. The greater the burden imposed by your absence, the less accommodating your employer may be of the surgery and your request for time off.
Second, the FMLA gives certain employees the right to take up to 12 weeks of unpaid leave for medical reasons, even if it would burden the business. However, this right does not cover every procedure or situation. For example, some elective surgeries may not be covered under FMLA, and your employer would have no legal obligation to grant you time off.
Third, the FMLA only applies to employees who have worked for their employers for at least 12 months and have worked a minimum of 1,250 hours over the course of those 12 months. Additionally, the employer must have at least 50 employees working within a 75-mile radius of your workplace.
If any of these required conditions do not apply to you or your employer, you are not entitled to FMLA leave, and your request can be denied.
Can Employer Deny Unpaid Time Off?
You have even fewer protections when it comes to requesting unpaid time off. Search for the phrase, “Can employer deny unpaid time off?” and you will quickly find that employers have a right to deny requests for unpaid time off that are not covered under the FMLA.
Preparing for Your Time Off Request
To ensure that your request for time off has the greatest chance of success, you should plan ahead and explain your situation as early as possible. Review your company’s policies regarding requesting time off, including to whom the request should be made.
Complying with these policies will show your employer that you respect them and may make your employer more inclined to your request.
Generally, your request should be in writing and delivered to your company’s HR department or manager. A written request is preferred because it prevents your employer from claiming that you did not give notice or that your notice did not contain enough information.
Make a note for yourself to deliver your request for time off at least 30 days before the surgery date, which will help protect you if you are eligible for FMLA leave.
The ADA’s protections cover disabling conditions, but only if your condition is obvious or if you tell your employer about it and request a reasonable accommodation. Therefore, in your request, you should include why the surgery is necessary when the surgery will occur, and when you expect to return to work. You should also include information about potential follow-up surgeries or appointments after this initial procedure.
When preparing your request, you should have documentation available to substantiate your need for the surgery. An employer does not have to give the same consideration for cosmetic or elective surgery as they do for surgery that addresses a serious medical issue.
Having records that describe your need for the surgery will enable you to produce them easily if they are needed.
When Is It Illegal to Deny Time Off?

If you follow all FMLA requirements when you request time off for medically necessary surgery, your employer is legally required to grant it, so long as they are a qualifying employer and you are an eligible employee.
If you are not covered under the FMLA but have complied with the ADA, your employer must grant you time off for the surgery, unless doing so would impose an unreasonable burden. Before denying your request, the employer should engage you in discussions and attempt in good faith to accommodate your request for time off.
It is also illegal to deny someone time off for a discriminatory reason. For example, an employer cannot consider an employee’s race, gender, sex, religion, or any other protected class when deciding whether to grant a request for time off.
Nor can a request be denied as a form of discipline for participating in a protected activity. For instance, it would be illegal for an employer to deny an employee’s time off request because that employee reported a safety violation to state authorities.
Steps if Your Request Is Denied
Even if you follow the law and company policy in submitting a request for time off, your request might be denied. If you have requested early, you should still have time to discuss the matter with your employer and seek a resolution. There are a few steps to take to reach an agreement with your employer.
First, speak with your HR department or manager and understand why your request was denied. Sometimes, a request is denied because you forgot to include important information, like when the surgery would occur or when you would return to work. These errors can be quickly fixed.
Next, remind your employer of the ADA and FMLA, if appropriate. If the time off request addresses a legitimate medical condition, inform your employer of this and request reasonable accommodations in the form of time off for surgery. Listen to your employer’s concerns, and see if there is a way those concerns can be accommodated while still allowing you time off for the surgery.
Last, seek legal counsel if you are not making headway with your employer but have a legitimate need for time off. An attorney can review your situation and determine whether your job is legally protected. Your lawyer can then engage with your employer, remind them of their legal obligations, and work to secure your time off request.
If your employer retaliates against you, your lawyer can take legal action to protect your job or obtain compensation for the loss of your job.
Common Misconceptions Surrounding Time Off for Surgery
Not every request for time off must be approved, and employers are not required to honor every time off request for surgery. Employers have the legal right to operate their businesses; they do not have to accommodate frequent or uncertain requests that greatly burden their business operations.
Also, it is a misconception to believe that your employer has no right to know why you need surgery. While you do not have to divulge your entire medical history, you may need to tell your employer about your condition to invoke the protections of the ADA.
Similarly, because the FMLA covers serious medical conditions, you may need to substantiate your request with evidence that your surgery meets this definition, such as a letter from a physician.
Last, do not assume that just because you are requesting unpaid leave, your request does not pose a burden to your employer. Be sensitive about your employer’s concerns and work with them to reach an agreement if they are having trouble accommodating your request.
Protecting Your Rights: Seeking Legal Counsel
Do not hesitate to contact the experienced Florida FMLA lawyers at Wenzel Fenton Cabassa, P.A. for answers to your questions about your rights under the law. Our team focuses on employees and employee rights, and we will advise you of what yours are if you need time off for surgery.
If your request is unfairly or unlawfully denied, we can work alongside you and assert your rights. Do not let your health suffer because of an unfulfilled time off request — allow Wenzel Fenton Cabassa, P.A. to support you.
Contact us today to get started with a free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can My Employer Require the COVID-19 Vaccine?
The COVID-19 pandemic has affected many aspects of our lives, and certainly includes our jobs.
“Can employers require COVID testing?”
“What are my employee rights regarding the COVID-19 vaccine?”
These are two common questions workers ask about COVID and the workplace. It is understandable. Employee rights are far-reaching yet particularly complex during a pandemic. Employers need to follow CDC guidelines for work safety while ensuring they are not infringing on their employees’ rights. Gaining clarity on these questions is key to ensuring your rights as workers are upheld.
Can Your Employer Force You to Take a COVID Test?
The Equal Employment Opportunity Commission (EEOC), the federal agency that administers and enforces civil rights laws against workplace discrimination, including the ADA and the Rehabilitation Act, has issued official COVID-19 workplace guidelines. In these guidelines, they explain, “employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others.”
So, can employers require COVID testing? Yes. The EEOC also explains that they are allowed to require you to take a test when you initially enter the workplace or periodically to ensure you are not posing a direct threat to others. These guidelines are consistent with the ADA requirement that employees’ mandatory medical test be “job-related and consistent with business necessity.” Employers do need to ensure that the tests are considered reliable and accurate.
Can My Employer Require the COVID-19 Vaccine?
The guidelines for employment and the COVID-19 vaccine referencing employee rights laws are multifaceted. The same ADA requirements of “job related and consistent with business necessity” are also used in this circumstance. Still, there are additional factors that are considered when addressing a requirement for the COVID-19 vaccine.
Since a vaccine can carry with it a certain amount of risk to employees that have a disability, potentially making them sicker, the EEOC has detailed guidelines for employers who require a COVID-19 vaccine when they are widely available. This includes a requirement that “Employers should conduct an individualized assessment of four factors in determining whether a direct threat exists: the duration of the risk; the nature and severity of the potential harm; the likelihood that the potential harm will occur; and the imminence of the potential harm.”
If an employee who cannot be vaccinated due to a disability is determined to be a direct threat, they should provide “reasonable accommodation” to reduce or eliminate the risk. If this is not doable, the employer can exclude the person from the worksite. But this does not automatically give the employer the authority to automatically terminate the unvaccinated employee.
In addition to ADA requirements, there are also religious exemptions for those who have a sincerely held religious belief that prevents them from getting a COVID-19 vaccine.
What About Healthcare Workers?
Healthcare is an essential industry at the “front lines” — taking care of COVID-19 patients and all other healthcare needs. Nurses, doctors, EMTs, and more are typically expected to take the COVID-19 vaccine as it continues to become available. Without it, they can increase the risk to those who are already sick. Even though employers are expected to make reasonable accommodations, unvaccinated healthcare workers can potentially pose an undue hardship on their employers.
Additional EEOC Laws Addressing COVID-19 Vaccines
In addition to the Americans With Disabilities Act (ADA) and the Rehabilitation Act, the EEOC also may consider other employment laws for COVID-19 workplace guidelines. These include GINA, Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, Title VII, and the Pregnancy Discrimination Act.
NOTE: Equal Employment Opportunity laws, per the EEOC’s most recent guidelines, “do not interfere with or prevent employers from following CDC guidelines for work or other federal, state, and local public health authorities’ guidelines and suggestions.”
Continue to Stay Informed About Your Employee Rights
Ensuring your employee rights are upheld in the middle of a public health crisis can be daunting. With so many questions like, “Can employers require COVID testing?” and “Can employers require the COVID vaccine?” — it is important to stay informed about laws that may be evolving due to threats to public safety.
As the availability of COVID-19 vaccines continues to increase in the United States, more employers may begin to require employees to be vaccinated – but the process still needs to follow current employee rights laws.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can You Be Denied Employment for Dismissed Charges? Uncovering the Truth
When individuals are looking for a new job and have previously been arrested, but the charges were dismissed, they often have many questions. Common ones include:

“Can you be denied employment for dismissed charges?”
“Can employers ask about dismissed charges?”, and
Do background checks show arrests without convictions?”,among others.

If you are concerned about dismissed charges and their potential impact on employment, it is important to understand job applicants’ rights and legal protections. Know that job applicants do have rights. If employers unlawfully deny employment due to dismissed charges, they could be held accountable through legal action.
Can Employers Ask About Dismissed Charges? Know Your Rights
Job applicants have certain rights regarding information employers may want, including whether
or not they have dismissed charges on their record.
Legal Restrictions on Inquiring About Dismissed Charges
Can employers ask about dismissed charges? Only if they do it the right way. Laws, like the Fair Credit Reporting Act (FCRA), have definitive guidelines governing an employer’s ability to ask about dismissed charges during the hiring process. The Equal Employment Opportunity Commission (EEOC) also provides protections to applicants.
Asking about dismissed charges is typically done through a background check. For an employer to perform this, they must provide a written disclosure, and job applicants and employees need to give their written permission to proceed.
Inquiries about dismissed charges are often performed when relevant to the job. For example, if someone is applying for a job at a bank, the company will want to know if the individual has any history of theft.
Certain states and cities have put “ban the box” laws in place. These laws prohibit employers from asking about convictions on their job applications. Certain cities in Florida have these laws in place, including the City of Lakeland for city employees and Orange County for public employees.
How to Respond to Questions About Dismissed Charges
If a potential employer asks questions about dismissed charges, speak with them honestly about the situation. They will have received the facts in the reports, so being untruthful will not help the situation. You do not have to go into deep detail, but trying to deny an arrest that happened will not help. The fact of the matter is that the charges were dismissed.
Understanding your rights regarding FCRA guidelines, unfair hiring practices, and discrimination is critical.
Discrimination and Your Rights as a Job Applicant
If an employer takes an adverse action based on a protected characteristic under Title VII, an individual has a right to file a claim with the EEOC. This could occur if an employer has a history of hiring white individuals who have dismissed charges and not hiring African-American individuals who also have similarly dismissed charges. Legal action against the employer may be an option to hold the employer accountable.
Do Background Checks Show Arrests Without Convictions? The Facts
Information is power. Get the facts about background checks to understand what may happen regarding arrests without convictions.
What Information Appears on Background Checks
The type of information appearing on a background check will depend on the scope of what the employer wants to know, which often depends on the type of position you are applying for at the company or organization.
Criminal records, such as convictions and dismissed charges, will appear on a background check unless they have been officially expunged or sealed. Other information that appears includes work history, credit history, educational history, and driving records.
Certain items, such as a history of driver’s license suspensions, may have an impact, particularly if you are applying for a job where you would be driving a vehicle at work. Employers may also check sex offender registries.
How Arrests Without Convictions Impact Employment Opportunities
When considering, “Can an employer deny employment based on criminal history?” many people wonder how arrests without convictions, such as dismissed charges, will impact employment opportunities. For example, suppose you are attempting to get a job with the federal government. In that case, the background check is more intensive, and dismissed charges will be under much more scrutiny as they are primarily concerned with national security.
Private employers are primarily concerned about any financial liabilities. Even though private employers can see arrests without convictions on a background check, this does not necessarily mean it will be a deciding factor. However, dismissed charges may impact an employer’s decision if it is related to what the job entails.
Important note: If an arrest without a conviction is the reason that a hiring manager or other company representative decides not to give you a job, they are required under the provisions of the FCRA to contact you with the results of a background check. They must inform you if the dismissed charges were a determining factor before they make the final decision to take an adverse action against you. If they fail to do so, you may have a case against them for violating your rights under the FCRA.
Taking Control of Your Background Check Information
When you are in the market for a new job, take control of your background check information. If you are concerned about what it might include, be proactive and run a background check on yourself. There are multiple agencies online that provide these services.
You can see the results and be prepared for any potential conversations regarding dismissed charges to minimize possible adverse effects on your employment prospects. It is much easier to have these conversations if you know what topics could come up in the process of getting a job.
When you run a background check on yourself, you can also see if there are any mistakes in it, which could be with your credit check or other records. If you do discover an error, follow up with the relevant organization to start the process of getting it resolved.
Can an Employer Deny Employment Based on Criminal History? Legal Considerations 
Any job applicant should be aware of legal considerations if they are concerned about getting denied employment based on their criminal history.
Understanding When Criminal History Can Affect Employment Decisions
Generally, most employers are doing background checks to limit any future damage to their business. The main factor is the type of charge or charges on a record. So, if an individual has a criminal history relevant to their operations, it can affect employment decisions. For example, a manager at a large clothing retail store may be concerned if an individual applies for a job with theft arrests.
The dates of any arrests and dismissed charges can also factor into decision-making. Recent events will have more weight than those that happened many years ago.
Safety factors also can affect employment decisions. For example, suppose an individual has a criminal history of violence or is on a sex offender registry. In that case, employers will often take this into account, particularly if the individual would be working with vulnerable populations, such as children or the elderly.
Employer Obligations and Fair Hiring Practices
Even if you do have dismissed charges on your record, employers have obligations to follow the law, including conducting fair hiring practices.
First, it is important to remember that Florida is an “at-will” state. Meaning an employer can terminate an employee for any reason that is not illegal, which would include taking actions that would violate anti-discrimination laws. In an “at-will” state, employees can also quit for any reason as long as it does not violate an employment contract.
Job applicants have many rights in the hiring process, just as employees do after they have started working for the company. Even though employers can consider dismissed charges in their hiring decisions, they cannot discriminate based on any category protected under federal or state laws – and must abide by other laws regarding fair hiring practices or potentially face legal action.
Federal and State Laws Governing Criminal History and Employment
As mentioned above, the FCRA requires employers to let you know if they plan to run a background check and receive your written permission to do so. If not, this would be a violation.
Another parameter of the FCRA is that an employer must inform you if your criminal history was a deciding factor for not hiring you for a position before they make the ultimate decision not to hire you. This provides applicants with an opportunity to provide an explanation or context for any issues that come up in their background check. The employer also must tell you what charges were involved; if they fail, this would also violate the FCRA. Additionally, the FCRA prohibits background screening companies from reporting any arrest record or adverse non-conviction information older than seven years.
Title VII of the Civil Rights Act protects applicants and employees from discrimination in all aspects of employment, including the hiring process and screening practices.
The EEOC issues guidelines on screening techniques employers can screen applicants with criminal records, including recommendations to consider before denying a job applicant a position. These are:

The gravity and nature of the charge.
The amount of time passed since the charge.
The nature of the job – including interaction with other employees and customers, amount of supervision, and any other relevant factors.

Under Chapter 435 of the Florida Statutes, Florida law allows employers to conduct background checks, including Level 1 and Level 2 checks.
Overcoming Employment Barriers Related to Dismissed Charges
If you have dismissed charges on your record, there are actions you can take to overcome potential employment barriers.
Expungement and Sealing of Criminal Records
Have you been concerned about the question, “Can you be denied employment for dismissed charges?” Consider getting your criminal records sealed or expunged, restricting a criminal charge from being seen by the public. It can be done for dismissed charges as well as certain convictions. Individuals are eligible if a prosecutor or judge completely dismisses the charges.
Convictions that are among the most serious charges, such as drug trafficking and aggravated assault, cannot be sealed.
An expungement packet is available on the Florida Department of Law Enforcement website, which should be downloaded and completed in full before petitioning the court. A certified disposition of the case needs to be obtained from the Clerk of Court in the county where the charges were filed. When all the information is completed and obtained, the petition can be filed and needs to be accompanied by a processing fee.
It is worthwhile going through the process. If you can get previously dismissed charges expunged or sealed from the public, this could potentially enhance your future career opportunities.
Moving Forward With Confidence After Dismissed Charges
Know that job applicants have rights under federal and state law. The FCRA and anti-discrimination laws provide strong protections for job applicants and employees, including applicants with dismissed charges on their records. Staying informed on legal developments and updates related to dismissed charges and employment is crucial. If your employment rights were violated, recourse through legal action may be recommended to get justice and compensation.
Take action today and take control of your future. Seek legal counsel with our FCRA attorneys at Wenzel Fenton Cabassa P.A. in regard to complex employment issues related to dismissed charges.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Can You Be Fired for Being Gay in Florida?
Florida, widely celebrated for its sunny beaches, warm weather, and vibrant culture, is also home to a diverse and dynamic LGBTQ+ community. Over the years, there has been notable progress in fostering equality and acceptance for individuals who identify as LGBTQ+. From Pride parades to advocacy organizations, the LGBTQ+ community in Florida plays a vital role in shaping the state's identity.

However, despite these advancements, significant challenges persist. One such challenge is the fear many LGBTQ+ individuals face regarding job security and workplace discrimination. This leads to an essential and often-asked question: “Can you be fired for being gay in Florida?” or “What legal protections exist for LGBTQ+ employees and allies in Florida?” While there have been strides in legal protections through landmark rulings like the Supreme Court's decision in Bostock v. Clayton County, which affirmed that bigotry based on sexual orientation or gender identity is prohibited under federal law, gaps remain within state-specific protections.

Florida lacks explicit statewide laws protecting LGBTQ+ individuals from workplace discrimination, leaving many to rely on federal protections. This legal gray area creates uncertainty for workers and reinforces the importance of comprehending the nuances of the legal landscape surrounding workplace discrimination. Navigating these complexities is a reality for LGBTQ+ individuals in Florida, highlighting the need for ongoing advocacy and stronger protections at both the state and federal levels. Let’s explore the legal framework in more detail and examine what it means for LGBTQ+ employees in Florida.

Is Florida a Fire At-Will State?

In Florida, as in most states across the U.S., employment is generally considered "at-will." This means that an employer can release an employee at any time, for any reason, or even for no reason at all, as long as the reason is not illegal. Similarly, employees can leave their jobs without providing a reason or notice. This mutual flexibility underpins the at-will employment doctrine, making it a common principle in many workplaces.

However, there are important exceptions to this rule in Florida. For instance, if a contractual agreement exists, such as an employment contract specifying termination conditions, the at-will rule may not apply. Federal and state laws also provide critical protections for employees, shielding them from discrimination based on specific characteristics. These include race, national origin, gender, religion, age, and disability under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).

It’s also important to note that Title VII does not apply universally to all employers. Religious institutions, private clubs, and businesses with fewer than 15 employees are often exempt from these federal requirements, leaving some employees without recourse in discrimination cases. This patchwork of protections can leave workers in Florida vulnerable, particularly in areas where local governments have not enacted additional anti-discrimination measures.

Federal Protections Against Workplace Discrimination

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin. This landmark law was a crucial step in promoting equality in the workplace. This ambiguity left LGBTQ+ individuals vulnerable to workplace discrimination without clear federal protections.

However, in 2020, the Supreme Court issued a historic ruling in the Bostock v. Clayton County case. The Court determined that the prohibition against sex discrimination under Title VII also extends to discrimination based on sexual orientation and gender identity. 

This ruling has far-reaching implications, particularly for employees in states like Florida. With this decision, LGBTQ+ individuals in Florida and across the country now have stronger legal recourse against workplace discrimination, ensuring greater equity and fairness in employment practices. Employers must now navigate these expanded protections to foster inclusive workplaces compliant with federal law. This judgment marks a significant step forward in fighting for LGBTQ+ rights in the workplace.

Florida’s Legal Protections for LGBTQ+ Workers

While Florida state law does not explicitly prohibit workplace bias based on sexual orientation, additional protections are available for LGBTQ+ individuals at the local level. Several cities and counties in Florida have taken steps to fill this gap by passing ordinances that forbid discrimination against employees based on sexual orientation and gender identity. These local laws aim to provide much-needed protection for LGBTQ+ individuals in the workplace.

For instance, cities like Orlando, Miami, Tampa, and St. Petersburg have implemented comprehensive anti-discrimination ordinances designed to protect LGBTQ+ employees from unfair treatment. These ordinances typically apply to public and private employers and safeguard individuals working in various industries. Protections may cover hiring, firing, promotions, and other aspects of employment, offering legal recourse for individuals who think they have faced discrimination due to their sexual orientation or gender identity.

Navigating the patchwork of federal, state, and local laws can be complex. At Wenzel Fenton Cabassa P.A., we understand the nuances of local Florida ordinances and how they interact with federal protections, equipping us to handle your case with precision and care.

Can Businesses Discriminate Based on Sexual Orientation?

Despite the recent Supreme Court ruling extending federal protections to LGBTQ+ employees, there remains significant confusion about whether businesses in Florida can legally discriminate based on sexual orientation. However, the lack of explicit state-level protections in Florida creates potential gaps for individuals working in certain contexts, such as small businesses or companies not covered by local nondiscrimination ordinances. While federal law offers broad safeguards, not every employee may feel fully protected in their workplace.

As an employee, it’s important to understand your rights in the workplace, including your right to a discrimination-free environment. Federal and state laws protect you from unfair treatment, harassment, or prejudice based on factors like sexual orientation or gender identity. Your employer should have clear policies in place that prohibit discrimination and foster inclusivity.

You also have the right to expect a workplace where diversity and inclusion are actively promoted through training and respectful practices. When companies prioritize these values, it not only helps prevent legal violations but also creates a healthier, more supportive environment for everyone. If you believe your rights have been violated, you have options, and it’s worth seeking guidance to protect yourself and your career.

What to Do if You Are Fired for Being Gay in Florida

If you’ve been fired for being LGBTQ+, know that you have legal rights and actions you can take to protect yourself and hold your employer accountable. Discrimination based on sexual orientation is illegal under Florida laws, so taking action is encouraged.

Start by gathering evidence and documenting any instances of discrimination or harassment. This includes emails, texts, meeting notes, or coworker witness statements. Keeping a detailed record of incidents, dates, and individuals involved may strengthen your case.

A claim must be filed with the Equal Employment Opportunity Commission within 300 days of the discriminatory action. While you may complete a form online or in person and provide supporting evidence, the lawyer at Wenzel Fenton Cabassa, P.A., filed charges for employees who are victims of discrimination. While the EEOC may investigate, mediate, or file a discrimination lawsuit on your behalf, most commonly it will issue a "right to sue" letter, which allows you to pursue legal action independently.

Consulting an employment attorney is also a key step. At Wenzel Fenton Cabassa P.A., we’re here to help you navigate the legal process with confidence. Our experienced employment attorneys will explain your rights, advocate on your behalf, and work toward a fair resolution, whether through negotiation or in court. Reach out today to schedule a free case evaluation and get advice tailored to your situation.

Legal Services for LGBTQ+ Employees Facing Discrimination

LGBTQ+ employees facing discrimination in the workplace may feel overwhelmed and unsure of their legal rights. This is where legal services can be crucial in providing advice and representation for individuals seeking justice.

If you are facing severe or pervasive discrimination or harassment based on your sexual orientation at work, it is important to seek legal help as soon as possible. An experienced discrimination lawyer can assess your case and advise you on the best action, whether filing a complaint with the EEOC or seeking a case against your employer. If you are confronting discrimination or harassment in the workplace because of your sexual orientation, do not hesitate to contact Wenzel Fenton Cabassa P.A.. Our team of experienced labor lawyers is committed to safeguarding the rights of LGBTQ+ employees and will provide compassionate and effective legal representation for your case. Let us help you fight against employment discrimination.

#### Can You Be Fired for Medical Marijuana in the State of Florida?
Medical marijuana is legal in the State of Florida for people with certain medical conditions. But can you be fired for medical marijuana?
About The Florida Medical Marijuana Bill
The Florida medical marijuana bill signed by Governor Scott in 2017 allows residents of the state with “debilitating medical conditions” to use medical marijuana. It is available in Florida. However, it remains illegal under federal law. “Debilitating medical conditions” as defined by the state include:

Cancer, Epilepsy, and Glaucoma
HIV+ or Acquired Immune Deficiency Syndrome (AIDS)
Post-traumatic Stress Disorder (PTSD)
Amyotrophic Lateral Sclerosis (ALS) and Crohn’s Disease
Parkinson’s disease, Multiple Sclerosis, or other debilitating medical conditions of the same kind or class

The Florida medical marijuana bill contains specific language regarding the workplace.
WHAT DOES THIS MEAN FOR EMPLOYEES?
If you are employed and qualify under the details of the bill for the use of medical marijuana, this does not mean that you have job protection even if your marijuana use falls under the conditions set forth under Florida law.
A company still has the right to have a drug-free workplace policy, as well as the ability to enforce it. An important item that the bill also explains is that the definition of “medical use” excludes the administration or use of marijuana in a patient’s workplace — except when there have been accommodations by his or her employer to allow it.
Although, the bill specifically states: “This section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana,” meaning that with Florida employee drug testing laws, if they have a policy in place for random drug testing or testing spurred by a safety violation, you can be fired for not adhering to your company’s policy — whether at the workplace or away from it. In short, Florida employers can prohibit employees from smoking or consuming marijuana or being under the influence of marijuana in the workplace. If you test positive, the employer can terminate your employment.
PRIVATE VS. PUBLIC EMPLOYERS
Can you be fired for medical marijuana if you are a public employee at the city, county, or state level? That depends. Public employees may have certain legal options open to them that private employees do not.
The Florida medical marijuana bill does have some differentiation for private and public (government) employers. Discipline against employees in the public sector is more “murky” in a legal sense. The state constitution gives public employees more rights than private workers. Depending on the circumstance, there may be a case for an employment lawsuit under the Family and Medical Leave Act (FMLA) or other laws that deal with discrimination in the workplace.
While the Florida statute does not grant employees the right to sue employers for wrongful discharge or discrimination based on medical marijuana use, there has been at least one case (not in Florida) where the court allowed a prospective employee who tested positive for marijuana in a pre-employment drug test to proceed on her claim of disability discrimination. This single case is a sharp departure from other similar cases where the courts have uniformly concluded that the Americans with Disabilities Act does not protect someone currently using an illegal drug. These issues are being faced in numerous jurisdictions where the state law permits the use of medical marijuana and highlights the tension between state and federal law- marijuana remains illegal for all purposes under federal law.
However, if the fact of medical marijuana use uncovers the underlying condition (which may qualify as a disability under the ADA or serious health condition under the FMLA), the employer still has a duty to engage in an interactive process to discuss accommodations (if appropriate) and further to evaluate whether FMLA leave is available and appropriate.
What this means to employees is that if an agreement is made with your employer for accommodations under the ADA or FMLA, if you follow the parameters of the agreement, you should have certain job protections.
Being proactive about understanding your employee rights – and knowing what to do if they get violated – can make a big difference in your career and the financial future of you and your family.
EMPLOYEE BEST PRACTICES
If you qualify for the state use of medical marijuana, it is important to be clear on your employer’s policies. Since the Florida medical marijuana bill allows them to fire you for violating set policies, you will not have legal recourse in many cases.
If accommodations have been put in place for you, and a problem arises afterward, there is potential for an employment lawsuit, which can include negative job actions such as:

demotions,
denial of benefits,
reductions in pay,
getting terminated, and
other actions that may qualify for a case

Professional employment law attorneys deal with issues surrounding workplace discrimination every day. They understand the intricacies of the law around medical marijuana and many other issues that can come up in the workplace, including wrongful termination, which allows employment law attorneys to develop targeted strategies and build strong cases related to the Florida medical marijuana bill.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can You Be Fired for Not Disclosing a Disability? A Guide
About 42.5 million Americans live with some sort of disability, according to 2021 data from the U.S. Census Bureau and the Pew Research Center. In decades past, having a disability meant that accessing businesses and public spaces could be challenging. Finding meaningful employment could likewise be difficult, as legal protections for individuals with disabilities were sparse.
Fast forward to the present day, when federal protections for workers with a disability are well-defined and apply broadly to almost every employer. In part, the landmark Americans with Disability Act prohibits employers from taking any adverse employment action against a job applicant or employee based on that person’s disability.
Yet those whom the ADA was designed to help protect might still wonder, “Can you be fired for not disclosing a disability?” The answer is generally “No.” But like with many laws, there are exceptions, and the answer in your case can depend on the specific circumstances of your situation.
Federal Laws Protecting Employees With Disabilities
The Americans with Disabilities Act (ADA) is the primary federal law governing the relationship between employers and employees and job applicants with disabilities. The Act, signed into law in 1990, culminated in grassroots efforts by individuals with disabilities to demand greater access to public spaces and employment opportunities.
Employment is not the only sphere covered by the ADA. Protections for Americans living with disabilities extend to transportation, public accommodations, and government services. Title I of the ADA prohibits discrimination in employment. Its provisions are enforced by the Equal Opportunity Employment Commission (EEOC).
Specifically, the ADA prohibits covered employers from discriminating against employees with disabilities, including in:

Advertising and recruiting for a position
The hiring and selection process
Compensating employees
Assigning job duties to employees
Granting leave or time off
Terminating an employee’s employment

Most employers and agencies connected with employment must follow the ADA. This includes private employers, government employers at all levels, employment and staffing agencies, and labor organizations.
Employers violating the ADA can be liable for damages.
Is Disclosing a Disability Mandatory?

In most situations, you decide to tell your employer about a disability or not. Your employer cannot compel you to disclose a disability during the hiring process or at any time during your employment. In most cases, it is illegal for an employer to mandate that you disclose a disability.
It can be confusing to know whether you must disclose a disability because some employment applications will ask for this information. For example, an application may ask if you need a reasonable accommodation during the hiring process. This is a legitimate but voluntary request from the employer. If you do not feel you need a reasonable accommodation, you do not need to disclose a disability.
Similarly, many employers include a section in their employment application asking if you identify as a veteran or a person with a disability. Such sections should indicate the information is being requested to compile statistics for the EEOC and is not used during the hiring process. Disclosing your disability in this section is also voluntary.
However, if you have an apparent disability, an employer can ask limited questions about that disability. Specifically, the employer can ask whether the disability impacts your ability to perform essential job functions or if you need accommodations.
For example, suppose you are applying for a job requiring you to enter computer data. You lost your left arm in an accident years ago, and this injury is obvious to any casual observer. Your employer can ask about this injury during the interview, but their questioning can only extend to whether you can perform the job’s essential functions.
Can You Be Fired for Having a Disability?
In general, the ADA protects you from being fired by your employer simply because you have a disability. The ADA’s protections extend throughout the employment relationship, from when you apply and are interviewed to the end of your employment. At no point can your employer take adverse action against you on the basis of your disability.
This protection applies regardless of whether you disclose your disability to your employer. For instance, suppose you have a prosthetic leg but do not mention any disability or need for accommodations when interviewing for an outside sales position. The employer cannot refuse to hire you because of your appearance.
Similarly, say you are working as a traveling salesperson when you suffer a leg injury. As a result, you request your employer allow you to use a motorized mobility device to complete your job duties as a reasonable accommodation. Assuming your request is a reasonable accommodation, the ADA prevents your employer from terminating you.
Exceptions to ADA Protections
There are three major exceptions to the ADA’s workplace protections for individuals with a disability. First, if your employer provides you with the reasonable accommodations you request for your disability and you are still not able to perform the job’s essential functions, your employer can terminate your employment.
Second, an employer can refuse to hire you or terminate your employment if the accommodation you request is unreasonable and you cannot otherwise perform the job’s essential functions. What is considered an “unreasonable” accommodation is fact-specific.
For instance, suppose the accommodation you request would require a multi-million dollar renovation of the employer’s facilities. Your employer is a small business with limited resources.
In this situation, a court may find your accommodation request unreasonable for the employer. If no other reasonable accommodations are available, your employer may terminate you if you cannot perform your job’s essential functions.
Next, your employer can terminate your employment for reasons unrelated to your disability. For example, suppose you are consistently tardy to work or constantly on your cell phone, violating your employer’s policies. Your employer is free to terminate you for these reasons.
Rights and Responsibilities When Disclosing a Disability

The ADA protects your right to be free from disability discrimination when you inform your employer of a disability or your employer learns of your disability. Your employer cannot treat you as an inferior employee or more poorly than your peers solely based on your disability.
In most cases, you also have the right to privacy concerning your disability. If your disability is not readily apparent, an employer cannot force you to disclose whether you have a disability.
If you do disclose you have a disability, your employer is not free to pry into the details of your condition. They are limited to asking questions about your need for accommodations and ability to perform your job tasks.
You also have the right to request reasonable accommodations if you have a disability. While you and your employer can negotiate over what reasonable accommodations you need, ultimately, your employer must provide them if they enable you to do your job.
However, these rights come with responsibilities. Most significantly, you must inform your employer if you have a disability requiring a reasonable accommodation. The ADA will not protect you if you do not tell your employer about a disability for which you need accommodation and such disability was not apparent.
You are responsible for negotiating in good faith with your employer once you request a reasonable accommodation. If you suggest one accommodation, but your employer suggests another, you must consider whether that proposed accommodation would be sufficient.
Legal Recourse for Wrongful Termination Related to Disability
Can you be fired for having a disability? If your employer takes any adverse action against you in the workplace solely based on your disability, then that employer may have violated the ADA. Depending on the nature of the violation, the EEOC or the Department of Justice will investigate the matter.
You can also bring legal action against your employer for violating your rights under the ADA. By doing this, you may be entitled to recover compensation for losses you suffered. To do so, you must prove your employer’s actions were motivated by a discriminatory intent and not some other valid reason.
Investigating and pursuing a legal claim for compensation following illegal disability discrimination can be complicated and time-consuming. Gathering evidence to support your allegations and refute your employer’s defenses alone can demand considerable time.
An experienced attorney can significantly improve your chances of success and alleviate much of the stress associated with filing a claim.
Consequences for Employers Violating Disability Disclosure Laws
Depending on the violation and how you have been impacted, several types of damages and other legal remedies are available, including back pay and front pay, compensatory and punitive damages, and attorneys’ fees and litigation costs.

Equitable remedies are court orders directing the employer to take certain actions.  For example, if you were not hired for a job because of your disability, the court could order your employer to hire you.
Similarly, if you were terminated from your job because of your disability, your employer could be ordered to reinstate you at your previous position.
If you sustained economic losses, back pay and front pay would make you whole. For instance, suppose you were wrongfully denied a promotion that would have resulted in a higher pay rate. You might be entitled to the difference between your current pay rate and the one you would have received had you been promoted.
Compensatory damages are also available to compensate for emotional harm that was suffered.
Finally, violations can result in statutory penalties. These penalties can be up to $75,000 for a first-time violation and up to $150,000 per violation for repeated ADA violations. These penalties are paid to the government and are meant to penalize businesses that do not take their responsibilities under the ADA seriously.
Reach Out to an Attorney for Help
You have rights if you believe your employer has taken any adverse employment-related action against you based on your disability. While the ADA does not protect you from termination if you cannot perform the essential functions of your job, it does prevent your employer from taking action against you just because of your disability.
Contact our experienced team of Florida employment lawyers at Wenzel Fenton Cabassa P.A. for a free case evaluation. We can inform you of your rights and how to exercise them. Our Florida disability discrimination lawyers will tirelessly pursue the compensation you deserve.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can You Be Fired for Talking About Pay? A Guide
You might have grown up hearing that talking about finances in front of others was rude. However, this does not mean publicly discussing your finances is illegal. Federal law prohibits your employer from disciplining or firing you for discussing your pay and benefits with your coworkers.
The National Labor Relations Act (“NLRA”) protects your right to discuss your pay with your fellow employees without the fear of retaliation. Even in a right-to-work state like Florida, your ability to freely discuss your wages is legally protected.
Yet, for various reasons, few employers encourage their employees to exercise their right to discuss wages. And unfortunately, even fewer employees know this right even exists. In our society, pay gaps do exist, and employees may feel deterred from discussing such matters due to a lack of power in comparison to their managers.
Employers who attempt to fire or otherwise retaliate against employees for exercising their rights may be the subject of a lawsuit and potentially liable for damages to all affected employees.
If your employer catches you and another employee discussing pay, your employer cannot:

Force you to reveal what was discussed
Prohibit you from having further conversations with other employees
Install cameras or audio-visual devices to record future conversations or
Make you sign an agreement not to discuss such matters

Having an employment law attorney can equip you with knowledge of your workplace rights. With your attorney’s assistance, you can confidently assert these rights, thereby improving not only your work experience but also that of your co-workers.
Can Employers Prospectively Prohibit Employees from Discussing Wages?
You might also be wondering whether employers can prospectively prohibit employees from discussing wages. That is, rather than punishing you after these discussions occur, can your employer create policies that prohibit you from having these conversations in the first place? Here, too, the answer is “no.”

Employers cannot prospectively restrict or prohibit you from talking to co-workers about your wages. You may have such discussions when not at work, when you are on break, and even during work if you are otherwise allowed to have other nonwork-related conversations. These rights exist regardless of whether you are represented by a union.
Even if your employer gives you a written contract that states you should not discuss wages with other employees, such efforts are illegal and cannot be legally enforced. For example, suppose your employer presents you with a company handbook with a policy stating you cannot discuss your wages or benefits with other employees. This sort of explicit prohibition is not permitted under the law and cannot be enforced.
But now, suppose your employer does not have a policy against discussing wages but tells you that doing so is considered “disrespectful” to them and that they would prefer you simply come talk to them about any wage concerns you may have. This is not an explicit prohibition against wage discussions, and therefore, it is not illegal. However, if your employer attempts to take action against you when you do discuss your pay with other employees, such retaliatory action would be illegal.
Now, suppose a situation where your employer implements a policy that prohibits you from having any nonwork-related conversations because doing so is distracting and can lead to an accident in the workplace. In cases where the employer has a legitimate reason for prohibiting all non-essential communication while on the job, such a policy could withstand legal scrutiny. It is even more likely a policy will be upheld if the employer can show there is a particular need that makes it risky to have non-essential communications about personal matters. However, absent these extreme situations, your right to discuss wages with whomever you choose should be respected and protected.
What to Do if Your Employer Prohibits Discussing Wages?
Not all employers know the limits of their authority, especially when it comes to wage discussions. Just because your employer tries to prohibit you from talking about wages on company time does not necessarily mean they have nefarious intentions. Your employer may simply be ignorant of the NLRA and the protections it offers.
A discussion between you, your attorney, and your employer may be all that is necessary to correct any misunderstandings your employer might have had about allowing you to discuss wages at work. This resolution could create goodwill between you and your employer; by complying with the law, your employer avoids the possibility of a costly lawsuit.
If your employer persists in telling you not to discuss your wages at work or if you experience any sort of discipline or retaliation for doing so, you may need legal assistance. Your employment law attorney can help you prepare and present a claim to the National Labor Relations Board, which has the power to enforce the NLRA.
Before visiting your attorney, try to write down the details of the discipline or retaliation you have faced from management when discussing your wages. To the extent it is possible, create a timeline with the following notes:

When, where, and with whom were you discussing the wages;
When did the related conversations with your employer take place;
How were you approached by your employer, for example, in a formal disciplinary setting or an informal coaching session;
Which witnesses can corroborate any part of your story and/or
What impact or consequences did you experience from your interaction with your employer.

It is also very important to save any e-mails, text messages, call logs, or other communications you receive from your employer or other coworkers about the incident.
By taking action, you communicate to your employer that you take your rights seriously and insist on being afforded the protections you deserve.
Retaliation Claims Related to Discussing Wages
Retaliation can take many forms, but it is generally understood as any negative employment action taken against you in response to engaging in a protected activity. In the context of having discussions about wages with other co-workers, retaliation could be:

A demotion in job title
A reduction in your pay or being suspended without pay
Having benefits being taken away and/or
Being assigned undesirable shifts for no valid reason

If your employer is actively retaliating against you, you should consider hiring an attorney to file a claim with the National Labor Relations Board as soon as possible. The Board will examine any evidence you have, including correspondence with your employer and witness statements. If a violation of the NLRA is found, the Board can take action against your employer and direct that you be compensated for the negative consequences that you unjustly faced.
Confidentiality Agreements and Wage Discussion
Some employers require new employees to sign confidentiality agreements as a condition of their employment. These agreements limit the information employees can share with others inside or outside of the employer’s organization. They are a common feature in workplaces that use unique or valuable intellectual property.
Confidentiality agreements are generally enforceable, but a provision that prohibits you from discussing your wages with others is generally not. Any inclusion of such a term in a confidentiality agreement should be stricken since your employer cannot make you give up this important workplace protection in exchange for employment or other work-related benefits.
If you see a clause such as this in your confidentiality agreement, you should insist that your employer remove it prior to signing it. An experienced Florida employment law attorney can have this conversation with your employer and impress upon them the illegality of such a provision.
Non-Compete Agreements and Wage Discussion
Similar to a confidentiality agreement, a non-compete agreement limits your ability to work in competition with an employer after you leave your position. This can be advantageous to an employer that has employees with specialized or one-of-a-kind skills.

Like confidentiality agreements, reasonable non-compete agreements that do not unnecessarily prevent you from earning a living are enforceable. However, any provision in such an agreement that prevents you from talking about your wages with others inside or outside the workplace is illegal. Your employer should be confronted about such a provision and be required to remove it before you sign the agreement.
The Consequences of Prohibiting Wage Discussion
An employer might legitimately believe that by prohibiting employees from discussing their pay with one another, the employer can promote harmony in the workplace. The employer might even believe they can get away with paying certain employees less even though they do the same job simply because it saves money for the business. These possible motivations illustrate the consequences that can come when you and your co-workers are not free to talk about your pay. Significant pay gaps can persist in your organization if you and other employees cannot speak freely. These pay gaps are not only unfair, but they can also be discriminatory and illegal.
Additionally, policies preventing you from discussing your pay with other co-workers can make it difficult to organize and approach management about concerns with your compensation. You may hesitate to go to management alone, and it would be difficult to know how many other co-workers share your concerns if you cannot speak to them about their wages.
Preventing conversations between employees about their wages and benefits keeps them in the dark about their situation and prevents them from speaking up for themselves. As a result, employees’ morale may drop, and turnover may increase as employees feel they have no recourse to improve their situations.
Get Assistance from an Attorney
Your ability and right to discuss your pay with other employees is crucial to protecting your interests in being treated fairly. When you and your co-workers are not being treated or paid fairly, the productivity and well-being of you and the company suffer.
Wage transparency ensures everyone is treated fairly and gives employees a sense of power and control over their futures.
At Wenzel Fenton Cabassa P.A., we are passionate about defending employees’ rights. It can be challenging to know whether or not the speech your employer is prohibiting is protected by law. If you are experiencing any sort of retaliation or need advice about your legal rights, contact our retaliation attorneys in Florida immediately.
We will use our decades of employment law experience in Florida to ensure you know your rights and how to exercise them in the workplace.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can You Be Fired if FMLA Is Denied?
Life happens. When a personal or family emergency arises, you understandably must put aside work obligations to care for yourself or your loved ones. The Family Medical Leave Act (FMLA) guarantees covered employees up to 12 weeks of unpaid leave each year from their jobs to care for various medical and familial obligations.
However, employees who take prolonged leaves of absence for any reason can cause disruptions and difficulties for their employers. Some employers might resist granting leave under the FMLA. They might terminate the employee who requested leave to dissuade others from making similar requests.
You might ask, “Can you be fired if FMLA is denied?” The answer is a clear no if you are being terminated in retaliation for asking for FMLA leave. However, it does not mean your employer can never terminate you if you ask for leave protected by the FMLA. Knowing the circumstances under which you can be terminated and when you should seek legal counsel is helpful.
What Is FMLA?
The Family Medical Leave Act is a federal law that provides covered employees up to 12 weeks of unpaid leave each year for qualifying reasons. You can use FMLA leave for a variety of purposes, including:

Your own serious health condition;
To care for a child, spouse, or parent who has a serious health condition;
Birth of your child and post-delivery bonding;
Pregnancy; and
Adopting a child or having a foster child placed with you

While on FMLA leave, your employer generally cannot fire or demote you because you are taking FMLA leave. You are eligible for all regularly scheduled pay increases you would have otherwise received, and your health insurance coverage continues.
When your leave is up and you return to work, your employer must reinstate you at your previous position. If they cannot, they must place you in a position comparable to the job you held before taking FMLA leave.
Reasons for FMLA Denial
There are several reasons why your employer might deny a request for FMLA.
FMLA Does Not Cover Either You or Your Employer
Employers are not required to offer employees FMLA leave if fewer than 50 employees work within a 75-mile radius of the worksite.
For example, suppose your employer has 25 employees at its headquarters in Tampa and another 25 at a warehouse near Houston, Texas. In this case, your employer is not subject to FMLA and can lawfully deny your request.
Not only must your employer be subject to FMLA, but you must also qualify for FMLA leave, or they can deny your request. You are not eligible for FMLA leave unless you have worked for your employer for a minimum of 12 months and worked a minimum of 1,250 hours during the 12-month period before leave starts.
You Do Not Request FMLA Leave Correctly
Where the reason for FMLA leave is known to you well in advance, such as a pregnancy or adoption, your employer is generally entitled to at least 30 days’ notice before you start your FMLA leave period.
Can You Be Terminated After FMLA Denial?

Your employer cannot retaliate against you for requesting FMLA leave. Retaliation encompasses a wide variety of employment-related actions, including termination. However, your employer might also retaliate against you for requesting FMLA by, for example, reducing your hours or pay or demoting you.
However, just because you are terminated shortly after your FMLA request is denied does not mean your employer has retaliated against you. If your position would have been scheduled to be eliminated due to downsizing, then your employer’s actions are lawful and not retaliatory.
Similarly, you can be lawfully terminated after requesting FMLA if you violate your company’s policies. Suppose your company’s policies allow you to be terminated for missing three days of work if you do not show up for work and do not call to report your absence. You can be terminated if you violate this policy, even if your termination comes after your FMLA request was denied.
Can I Be Fired While on Intermittent FMLA?
Just because you are entitled to up to 12 weeks of FMLA leave does not mean you must take all 12 weeks simultaneously. Under certain circumstances, you may elect to take intermittent FMLA leave, allowing you to take periods of time off that add up to 12 weeks annually.
Employees who wonder, “Can I be fired while on intermittent FMLA?” need not worry unnecessarily. The same limitations and protections apply to intermittent FMLA, which means your employer cannot terminate you for requesting intermittent FMLA leave.
Preparing for FMLA: Steps to Ensure Compliance
If you anticipate needing to ask for leave under FMLA, taking simple steps can help the process go smoother. Review your company’s employee manual and ascertain your employer’s policy for FMLA requests. Ensure you know the person to whom your FMLA request should be made; making an FMLA request to the wrong manager can delay the processing of your request and lead to confusion.
Your company’s policies will also tell you whether you are required to use paid leave while on FMLA leave. For example, some employers require that you use any paid vacation or sick time you have concurrently with your FMLA leave. Such policies are legitimate, and knowing about them in advance will help prevent a surprise later.
When approaching your employer and requesting FMLA leave, be as specific as possible. Make this request in writing so there is a paper trail, and keep any correspondence you receive about your request. Provide the reason you need FMLA and the dates you will be out of work. Your employer is entitled to ask for documentation establishing you are requesting FMLA leave for a valid purpose, but you are not legally required to sign a release of medical information.
What to Do if You Are Fired Post FMLA Denial

If a lawful reason supports your termination, you may not have any recourse. However, if your employer terminated you in retaliation for requesting FMLA leave, you likely have legal options.
These options include filing a complaint with the Department of Labor, which can investigate your claim and take certain actions against your employer. You could also take legal action and file a civil suit against your employer with the help of an experienced Florida employment law attorney. If you successfully show your employer retaliated against you for requesting FMLA leave, you could be entitled to damages, including back pay.
To prevail in a lawsuit, you must show that you were terminated because you requested FMLA leave.
You and your lawyer must collect evidence establishing this connection for the court:

Your company’s policies regarding FMLA leave;
Your written FMLA request and any responses you obtained to that request;
Your employer’s practices in granting or denying FMLA leave with other employees;
Your employee file and performance reviews; and
The reason given by your employer for your termination.

It is best to speak with an attorney and retain their services quickly following your termination. Some evidence is irreplaceable and could become lost or destroyed over time.
Also, the memories of witnesses with information about your situation can fade. As a result, their memories should be preserved quickly through depositions arranged and conducted by your attorney.
How WFC Can Assist
With years of experience and many satisfied clients, Wenzel Fenton Cabassa is a smart choice for representation if you have been terminated after requesting FMLA. Our Florida FMLA attorneys represent employees and workers who have been unlawfully terminated, retaliated against or have had their rights violated in the workplace.
If you believe you were entitled to FMLA leave and had your employment terminated after asking for it, WFC wants to speak with you. Contact us and schedule a case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can You Be Fired Without Being Told Why?
No one wants to hear, “You’re fired.” Those words can instantly change your financial outlook. If you are like most people, you probably rely on a regular paycheck to pay your bills and enjoy life. You may have savings, but those savings can disappear in a relatively short time if you are not earning an income.
Often, the first thing someone will ask after being fired is why they were fired. Sometimes, an employer may not give you a reason. Is termination without cause legal in Florida, though? Take a closer look at employment termination laws and how they affect workers in Florida.
Understanding Employment-At-Will in Florida
Can you be fired without being told why in the Sunshine State? The simple answer is that you can. Florida is an at-will employment state, which means that both employer and employee are in an employment relationship only as long as both parties wish it to be true.
At-will employment in Florida offers both benefits and disadvantages to employees. The benefit is that employees can quit anytime and cannot be penalized for quitting or forced to perform more work. While most people do not recognize this as a benefit, it is important to note that this principle prevents any form of forced labor.
However, the detriment of at-will employment is that your employer can fire you for almost any reason at any time. They are also not required to provide a reason when they fire you. Still, most employers will provide a reason, if only to protect themselves from legal action.
There is one main exception to the at-will doctrine. If you have an employment contract with your employer, this overrides the at-will doctrine. Many employment contracts, especially in unionized workplaces, restrict the reasons that your employer can fire you. Typically, the causes are spelled out explicitly, and you may have the right to contest your firing via an internal process.
Legal Grounds for Termination

Almost any reason is a legal reason for termination in Florida, which means it is easier to evaluate the exceptions than legitimate reasons. 
Due to federal and state laws, there are some exceptions to the at-will doctrine. An employer who fires you for the following reasons may be guilty of wrongful termination in Florida.
Discriminatory Firing
Your employer cannot fire you simply for belonging to one of several protected classes. These protected classes cover:

Race and color
Religious beliefs
Gender or gender identity
Sexual orientation
Marital status
Pregnancy
National origin
Disability
Genetic information
HIV or AIDS status
Age

However, your employer could fire you for other discriminatory reasons as long as those reasons are not protected. For example, you could be fired for your political affiliation or favorite professional sports team. While firing an employee for those reasons would be discriminatory, that does not mean it is wrongful termination under state law.
Retaliatory Firing
Federal and state laws also prevent employers from firing employees in retaliation for specific protected activities. These activities include:

Reporting illegal activities by an employer
Cooperating with an investigation into those illegal activities
Claiming workers’ compensation
Reporting government mismanagement for public employees
Filing a complaint about an employer regarding discrimination or harassment
Cooperating with an investigation into complaints
Reporting dangerous conditions at work
Participating in a union or the formation of a union
Taking legally permitted leave via the Family and Medical Leave Act
Requesting accommodations for a disability or religious practice
Reporting unfair labor practices

In a questionable situation, a judge can determine whether you were fired for retaliation. A judge's decision might stretch what falls into these categories. As a rule, any type of retaliation for legal behavior is likely to be considered illegal.
Firing in Violation of an Employment Contract
If you have an employment contract, your rights are typically increased. You cannot sign away your employee rights in Florida in an employment contract. However, you can receive additional protection from it.
Many employment contracts limit the reasons for firing. For example, your contract may require multiple warnings before you can be fired or give you the right to contest dismissal through a human resources process. Employers are typically unlikely to violate an employment contract because they usually write it and know what is included.
Employee Rights Under Florida Law
Unfortunately, employees generally have limited recourse when they are terminated without cause. Since firing an employee without a reason is not illegal in Florida, you may not be able to contest your termination.
Your key right after getting fired without being given a reason is the right to file for unemployment. If your employer did not provide a reason for firing you, you should be eligible to obtain unemployment. To protect this right, you should request a reason for your firing in writing and keep a record of the fact that your employer did not provide a reason.
If you received medical insurance through your employer, you also have the right to maintain that insurance for up to 18 months through the Consolidated Omnibus Budget Reconciliation Act (COBRA) program. However, there is a limited time to sign up, and if you miss the window, your insurance will lapse.
You also have protections against illegal firing. If you have any reason to believe you were fired illegally, you may have the right to take action against your employer. Typically, this means you will either report the termination to the Equal Employment Opportunity Commission (EEOC) or file a lawsuit against your employer. 
Before making either decision, consulting with an employment law attorney is essential.
Steps to Take if You Were Fired Without Explanation
If you are fired without explanation, you should first contact human resources to see if they will provide a written explanation. If your company does not have an HR department, consider speaking to a superior of whoever fired you when possible.
Document every step you take while seeking an explanation. Additionally, document anything that may indicate that the firing was for a reason excluded by law. It is important to do this quickly because you will probably lose access to documents like the employee handbook or your personnel file within the day.
Before taking any additional steps, make sure to consult with an employment law attorney in Florida. They can help you determine whether you were subject to unfair dismissal in Florida and what options may be available.
No matter what happens, avoid escalating the situation with your employer. Do not threaten to sue or report them. Similarly, do not make a scene when you are fired. Just collect your belongings and documentation and leave quietly. Escalating can only harm your potential case.
When to Consult a Florida Employment Law Attorney

If you have any reason to suspect that you were fired for a prohibited reason, you should consult with a Florida employment law lawyer immediately. But you may not always know whether you were fired for a prohibited reason.
That is why we offer free case evaluations at Wenzel Fenton Cabassa, P.A. We understand that most clients do not have definitive proof that they were fired illegally, but it does not mean that you do not have a case. Our attorneys will discuss your situation and determine whether you were likely fired for an unfair or illegal reason.
As a rule of thumb, if your employer refuses to provide you with a reason for your firing, it could be a sign that the reason for firing you is questionable. Make sure to talk to a lawyer as soon as possible because your employer is likely speaking to their own lawyer as well. If given enough time, your employer might make up a legitimate reason.
How Wenzel Fenton Cabassa, P.A. Can Help
At Wenzel Fenton Cabassa, P.A., we offer a range of services that can be helpful for individuals who were fired without cause, whether the firing was legal or not. If you were fired recently, you may be able to take advantage of our services in the following practice areas:

Retaliation
Sexual harassment
Discrimination
EEOC claims
Wrongful termination
Contract law
COBRA
Severance negotiation

We have an exceptional track record of effectively supporting Florida employees who have faced wrongful termination. Our attorneys have obtained several five- and six-digit settlements and even obtained $1 million for a whistleblower who was wrongfully terminated.
Frequently Asked Questions
Can an Employer Fire You Without Reason in Florida?
Yes, but it is uncommon. When an employer refuses to provide a reason, it often means that the only reason they have is prohibited by law.
What Are My Rights if I Am Fired Without Cause?
Regardless of why you were fired, you can apply for unemployment and sign up for COBRA if your employer previously provided you with health insurance. You also have the right to pursue legal action if you believe that you were fired for a non-legal reason.
How Do I Know If My Termination Was Legal?
Determining whether you were fired legally is complicated. Your employer will never willingly tell you that you were terminated illegally. 
The best way to determine whether you were fired illegally is to consult with Wenzel Fenton Cabassa, P.A., and let our experienced lawyers investigate your claim. We can uncover instances of illegal termination and gather evidence to support your claim.
What Should I Do if I Was Fired Without Being Told Why?
If you are not given a reason for your firing, you should contact HR or the superior of whoever fired you to try to obtain a reason, preferably in writing. Act quickly, and document your attempts to get this information. Make sure to contact our law firm immediately for a free case evaluation as well.
Can I Sue My Employer for Wrongful Termination?
Yes. A lawsuit is one of the few ways to get fairly compensated after a wrongful termination.
What Legal Steps Should I Take if I Was Unfairly Dismissed?
You should contact our law firm immediately. Typically, you will either need to file a lawsuit or a claim with the EEOC. We can help you understand these options and guide you through them as efficiently as possible.
Protect Yourself if You Are Fired Without a Reason
You can legally be fired in Florida without a reason. But just because you have not been given a reason does not mean you should not try to determine the reason. Employers generally cannot discriminate against protected classes, break contracts, or retaliate. 
If you think your employer violated one of these regulations and is attempting to hide that fact by not providing a reason, you should contact an experienced employment attorney immediately.
Schedule a Free, Confidential Case Evaluation Today
If you were fired without a reason in Florida, time is of the essence. Contact Wenzel Fenton Cabassa, P.A. immediately for a free, confidential case evaluation with experienced attorneys committed to protecting your future.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can You Get Fired for Being Pregnant? An Action Plan for Women Who Have Been Fired for Being Pregnant in Florida
Unfortunately, discrimination happens in the workplace every day. Women who are fired due to pregnancy often have legal recourse — holding employers accountable for discrimination and wrongful termination. Do you know the steps you can take?
Here is what you need to do if you’ve been fired due to pregnancy in Florida:
Know the Pregnancy Discrimination Laws that Protect You
Two federal laws are the primary source of protection for pregnant women against discrimination.

The Pregnancy Discrimination Act (PDA)
The Family and Medical Leave Act (FMLA)

The Pregnancy Discrimination Act specifies that your employer can’t discriminate against you in terms of your employment just because you’re pregnant. In general, the law means that you can’t be fired, given lesser assignments, rejected for a job or promotion, or be forced to take leave if you’re pregnant, intending to get pregnant, or have a medical condition related to pregnancy.
It is important to note that the law only applies to companies with 15 or more people. So if you work for a small business with less than 15 people, you are not covered by the PDA.
The law that people are generally more familiar with is the Family and Medical Leave Act (FMLA). The FMLA specifies that companies with more than 50 employees in a 75-mile radius are required to grant 12 weeks of unpaid medical leave per year to eligible employees for covered conditions, including pregnancy and maternity leave. The FMLA is a law that covers other medical issues too such as caring for a sick loved one.
There is another important provision of the FMLA you should keep in mind. To qualify, you have to be employed by the organization for over a year and have worked at least 1250 hours during that time. If you work for an employer that gives you paid leave, you may be required to use it when you take time off during your pregnancy or after you have your baby.

Maternity Leave & Pregnancy Discrimination Laws in Florida
The state-level protection from pregnancy discrimination in Florida is called the Florida Civil Rights Act. The law itself does not make specific reference to pregnancy, but it has been used by workers seeking justice in addition to the PDA and FMLA because the law does prohibit discrimination based on sex/gender. Like the PDA, the state law only applies to organizations with more than 15 employees. Employment law attorneys are knowledgeable about the scope of federal and state law.
Filing a Claim
If you’ve been fired due to pregnancy, you will need to file a claim. If you choose to file a federal claim, you will need to do this with the Equal Employment Opportunity Commission (EEOC). The Florida Commission on Human Relations (FCHR) is the state agency that handles discrimination in the workplace. Depending on your particular situation, one may be a better choice than the other. You can also “dual file” and state a claim under both laws. Getting experienced legal guidance will produce the best possible outcome.
Filing a claim is a necessary part of the process and has to be done before you can go to court.
Statute of Limitations for Filing a Pregnancy Discrimination Lawsuit in Florida
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It is important to take action in a timely manner if you’ve been fired due to pregnancy. There are statutes of limitations on both the federal and state level. With the EEOC, you have 180 days from the date on which the discrimination occurred to file a claim which is extended to 300 days in states such as Florida where there is a state statute that prohibits the discrimination about which you are complaining. Under the FCHR, you have 365 days to file the state law claim, but you cannot raise the federal law claim after 300 days.
After you file a claim, if there is no determination by the EEOC or FCHR within 180 days, you may proceed to court. If a determination is made prior to 180 days the next steps become a bit more complicated and you will need to act quickly. If a determination is made after 180 days, but before you file a lawsuit, again, the time limitations to take the next steps are short (as short as 90 days). Generally, if going to court is your best legal option, you have to file within 90 days of the EEOC determination for a federal court claim, or one year of the FCHR determination for a state court claim.

Consult With an Experienced Discrimination Attorney
Discrimination attorneys work with thousands of Floridians to seek justice after violations of federal and federal and state law. Your employer has a legal team and you deserve equal protection to fight for your rights and hold them accountable. We are here for you in this difficult time.
At Wenzel Fenton Cabassa, P.A., our employee rights lawyers are experienced in protecting employees from workplace discrimination when it comes to getting fired due to pregnancy. We are the employee’s law firm— a tireless legal team fighting for your rights.
Contact us today for a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can You Lose Your Job If You Apply for FMLA?
The Family Medical Leave Act (FMLA) was designed to help employees care for themselves, or their families, for up to twelve-weeks during any twelve-month period, as needed, without fear of losing their jobs. However, the leave is governed by regulations and other important details. Understanding these stipulations can better prepare you and help determine whether your job is at risk.
First, FMLA does not cover every employee. Your company must employ at least 50 people. To qualify you had to work for them for at least twelve months (not necessarily consecutive), and have worked 1,250 hours during that time.
Assuming you’ve met those requirements, FMLA can be used for the following:

your own illness or injury
attending to the health needs of your parent, spouse or child
for pregnancy or care of a newborn child
for adoption or foster placement of a child
care for an injured service member in the family

One of the most common uses of FMLA is maternity leave and many women worry they’ll fall victim to pregnancy discrimination and their job will not be there upon their return.
If You Are Out on Approved FMLA, You Can’t Be Fired
The law is quite clear, if your FMLA leave has been approved, you cannot be fired for your absence. However, there is an approval process and your job is not protected until you have been approved for leave. This requires FMLA paperwork and coordinating the process with your company’s Human Resources department.
If the leave is for you, expect to fill out (with the help of your physician) the Healthcare Provider Certification Form. You can also expect to receive a Notice of Eligibility and Rights & Responsibilities Form from your employer. Like the title suggests, this document details your rights and your responsibilities under FMLA.
FMLA Provides Leeway for Your Company
There are several details FMLA leaves up to your employer. For instance, the twelve-month period in which you are eligible can be either per calendar year or based on when you left for leave prior. Also, while FMLA leave is unpaid, your employer can require you to use your vacation pay first and the employee-paid portion of your benefits (if applicable) may be deducted from that.
Understanding the Details
Since there are some details that are company specific under FMLA leave, it’s best to talk with your human resources representative. If one is not available at your office, consult the employee handbook. If you don’t have one, your manager can help you obtain a copy. Many companies offer them online now.
If possible, take the time to understand what they require of you so there are no surprises in the future. The birth of a child, or the care of a relative, can be a stressful time. You don’t want to be worrying about the details of FMLA at that point.
If you were out on FMLA leave and have been told not to return, or you were fired before your FMLA was approved contact a Tampa FMLA Attorney with experience. Call Wenzel Fenton Cabassa, P.A. today at 813-579-2483 for a free case evaluation. We can address your questions and concerns and make sure your rights are protected.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Can You Sue for ADA Violations?
Remarkable progress has been made in recent decades to make businesses and public forums accessible to individuals from all backgrounds. Nonetheless, individuals with disabilities may continue to experience trouble accessing these locations or participating fully in activities that take place there. When this occurs, individuals with disabilities and their loved ones may feel left out, as it can give the impression that the society they belong to does not fully embrace them as participants. As a result, you may be wondering: can you sue for ADA violations? This guide will answer that question, explain common ADA violations, discuss how the ADA can protect your rights, and share the remedies available to correct ADA violations.
Understanding the Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a federal law applicable to states that prohibits discrimination against individuals with disabilities. A person is considered to have a disability if they possess a mental or physical impairment that “substantially limits” a major life activity.
The ADA consists of four titles, each prohibiting discrimination in a particular sphere of society. More specifically,

Title I prohibits discrimination in employment
Title II prohibits discrimination by public entities and in public transportation
Title III addresses discrimination in public housing and accommodations
Title IV prohibits discrimination in telecommunication services

Several federal bodies are tasked with enforcing these titles. For example, the Equal Employment Opportunity Commission (EEOC) handles alleged violations of Title I, while the Department of Transportation hears complaints alleging violations of Title II. And Title III complaints go to the Department of Justice, Civil Rights Division.
Explanation of ADA Violations
A violation of ADA regulations occurs whenever an entity or business that is subject to its provisions fails to fulfill its obligation to provide reasonable accommodations and access to individuals with disabilities. Covered businesses, accommodations, and entities are required to make reasonable accommodations for individuals with disabilities to access their facilities or use their services.
What constitutes reasonable accommodations is the most frequent source of litigation and dispute. A business or entity is not required to expend all its resources or completely alter its structures to accommodate all potential disabilities. However, a business or covered entity must make accommodations simply because doing so would cost money or involve more inconvenience than they would like.
Examples of ADA Violations
The ADA does not cover all instances of disability discrimination in the workplace. For example, the ADA may not apply to businesses with fewer than 15 employees or private companies not open to the public. One of the first inquiries you and your attorney will make is whether the ADA applies to the entity you believe committed violations.
There is no comprehensive ADA violations list. Adding to the complexity of the matter is that what is an ADA violation for one business or entity may not be a violation for another. ADA violation examples include the following:
Physical Accessibility Violations
Physical accessibility violations make it difficult or impossible for individuals with disabilities to access public spaces or private businesses that are open to the public, like hotels and restaurants. One of the most common violations is when a business open to the public lacks an accessible entrance or wheelchair ramp. Not having dedicated handicapped parking stalls can also constitute an ADA violation.
A business or public space does not fulfill its ADA obligations merely by having accessible entrances. Interior spaces like cafeterias, break rooms, and locker rooms must also be accessible to individuals with disabilities.
Communication Access Violations
An ADA communication access violation exists when a business or covered entity makes it impossible for someone with a vision, hearing, or speech disability to communicate effectively with others. To avoid a potential ADA violation, you may notice that many public spaces have signs made with large print or with Braille lettering.
For similar reasons, a public entity may find itself committing an ADA violation if they lack an option for public notices or advisories to be given orally to individuals with hearing impairments.
Other ADA Violations
Other actions can violate the ADA. For example, employers are prohibited from refusing to hire, firing, or discipline employees based on their disability. Moreover, a covered employee must be given reasonable accommodations to perform their essential job duties.
Remedies for ADA Violations
Can you sue for ADA violations? The answer is a clear yes. In fact, you may be able to file a complaint with a federal agency or bring a private suit against the offending business or entity. The remedies available will depend on the nature of the discrimination.
For discrimination in employment under Title I, you could receive back pay you were denied, have your employment reinstated, or be given the promotion you were unfairly denied. And if you did not receive a reasonable accommodation when you asked for one, your employer may be ordered to provide such an accommodation.
In Title III cases, the most common remedy is injunctions or orders directing the business or entity to make specific facility improvements or changes. For example, a public government office or restaurant may be ordered to construct a wheelchair ramp, install an elevator, or make handicapped-only parking available.
The discriminating entity may also be issued fines for committing ADA violations. The value of these fines would depend on how long the violation has existed and the intentionality of the entity’s conduct.
Filing a Complaint with the Department of Justice
You may be eligible to file a complaint with the Department of Justice’s (DOJ) Civil Rights Division if an entity violates your rights under the ADA. The DOJ does not handle ADA complaints involving employment, housing, or air travel, but it will accept ADA complaints regarding any other type of violation.
For instance, the DOJ could investigate a complaint related to a lack of accessibility in a public building or government office. Alternatively, if you experienced disability-based discrimination at a hotel or restaurant — or if your child was discriminated against at school — the DOJ would also receive and review those complaints.
Filing a complaint with the DOJ can be done online, by mail, or by fax. Once the DOJ receives and accepts your request, the department may attempt to mediate a resolution between you and the violating business or entity. The DOJ may also refer your complaint to another federal agency better suited to handle your claim. It could also file and pursue remedies through a lawsuit.
If you choose to file a complaint with the DOJ, it is important to note that the department and its attorneys do not serve as your personal attorney, and they will resolve the complaint in a manner that they feel is appropriate.
Filing a Private Lawsuit
You also have a right to file a private lawsuit under the Civil Rights Act of 1964 if you believe you have experienced discrimination in violation of Title III of the ADA. In a private lawsuit, you and your anti-discrimination attorney decide what remedies to pursue and whether to settle or mediate your claim.
It is also your responsibility, and that of your counsel, to timely file your case and gather evidence and witnesses to support your claim. Then, if there is no settlement, you must present your case to a judge or jury.
To file an ADA private lawsuit, you and your legal counsel would determine whether you have a viable claim. You would also decide whether you are disabled or are able to file on behalf of a disabled person.
Your attorney would subsequently prepare the necessary legal petition. The petition describes the discrimination you experienced, details how such discrimination violates the ADA, and requests certain remedies to address the discrimination.
If your private action is successful, you may be able to recover your attorney’s reasonable fees, which would ensure that you are not left having to cover those fees yourself.
Statute of Limitations for ADA Violations
Statutes of limitations apply to ADA claims and can impact your ability to bring a case. The statute of limitations can vary depending on the nature of the discrimination and which title of the ADA applies. Violating the statute of limitations can result in a summary dismissal of your claim regardless of the discriminatory conduct you allege.
For example, suppose that you are alleging Title I discrimination based on discriminatory action in the workplace. In that case, you must file a notice with the Equal Employment Opportunities Commission (EEOC) within 180 days of the conduct. Once you receive notification of your right to sue from the EEOC, you then have 90 days to initiate your lawsuit.
Conversely, a private action under Title III of the ADA must be brought within four years of the discriminatory conduct. There may be some exceptions to this limitation if you were physically or mentally unable to file a suit during a portion of this period.
However, such exceptions only apply in limited circumstances. Your ADA complaint lawyer can let you know if any of these exceptions would apply to extend your statute of limitations beyond four years.
Hiring an Attorney for an ADA Lawsuit
While the law does not require that you have an attorney to file an ADA lawsuit, acquiring legal representation can have a dramatic effect on the outcome of your suit. Claims of physical accessibility discrimination, employment discrimination, or any other sort of discrimination may appear obvious to you, but it is not necessarily easy to prove.
An in-depth investigation may be necessary, including consultations with experts as well as people with direct knowledge. An experienced disability rights lawyer will know when such an investigation is warranted, the necessary scope of that investigation, and who is capable of performing the investigation.
An attorney with experience handling ADA complaints can also help you reach an acceptable outcome through either mediation or litigation. If the business or entity offers a settlement, your attorney can help you understand whether that proposed outcome is reasonable in light of your circumstances.
When to Contact an ADA Attorney
Wenzel Fenton Cabassa P.A. is available to assist you in prosecuting a claim for ADA violations. Our firm’s attorneys have years of experience resolving ADA claims outside and inside the courtroom. We are more than prepared to use this experience and knowledge to help resolve your case successfully.
Our firm understands that discrimination in violation of the ADA can be troubling for you on many levels. Whether you have been discriminated against in the workplace or by a business, know that we can help.
We are committed to holding businesses and public entities to their obligations outlined under the ADA. Contact the ADA discrimination lawyers at Wenzel Fenton Cabassa P.A. for a free case evaluation today.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can You Sue Your Employer for Cutting Your Hours? A Guide
Employees rely on getting a certain number of hours at work. When those hours are cut, it can be very problematic. But can you sue your employer for cutting your hours?
The short answer is: that depends. In certain situations, your employer could be following the law. In other situations, it could be illegal. Depending on the specific circumstances, you may be able to sue your employer to receive compensation for your losses.
Having the right information is key to knowing whether you may have a case against your employer. As dedicated employee rights advocates, we will also provide information on filing a lawsuit and the potential outcomes of these employment law cases.
Is It Legal for an Employer to Cut Your Hours? A Close Look
Hour cuts are a complex legal subject. Since Florida is an “at-will” work state, a fixed pay rate or a set number of hours per week is not guaranteed. The Fair Labor Standards Act (FLSA) offers certain protections for wages, including a guaranteed minimum wage, but does not include parameters for lowering an employee’s pay.
However, your employer is bound by the contract parameters if you have a legal employment contract or collective bargaining agreement that includes set pay/hours, as it is one of the primary protections.
But contracts are not the only legal protections employees have regarding hour cuts. An employer could violate the law in certain circumstances, and you may have a case.
Can an Employer Cut Your Hours for No Reason?
Business owners sometimes have to make hard decisions to stay in business. Sometimes, there are layoffs. In other situations, they may decide to cut the hours of employees.
They can legally reduce your pay through hour cuts if they notify you, which would be for the work you perform moving forward. It applies to salaried and non-salaried employees – as long as they do not violate the parameters of the FLSA or other employment laws.
Here are two examples of cutting hours for legitimate reasons:
(1) to maintain the cash flow necessary for maintaining business operations and
(2) to have the cash flow to improve safety, infrastructure, or machinery/technology related to business operations.
Here are two examples of cutting hours for illegitimate reasons:

(1) targeting only female employees for hour cuts and not male employees – this would be considered discriminatory.
(2) targeting a specific person for making a claim of sexual harassment or filing a claim for workers’ compensation – this could be considered a retaliatory action.
So, “Can an employer cut your hours for no reason?” An employer can only cut your hours for a legitimate reason, and they are not violating your employee rights under federal or state law.
Factors Influencing Employers’ Decision to Cut Hours
Many factors could come into play when an employer decides to cut hours. For example, a new competitor in the industry may be taking a larger market share, reducing your company sales, and potentially placing the business in peril. An employer may temporarily cut hours to regroup and strategize the best operational path moving forward.
Another reason could be difficulties with a company’s supply chain in acquiring materials needed to produce their products, a common global issue at the height of the COVID-19 pandemic. If they cannot get the consistent supplies they need to, for example, manufacture a car, then they either may decide to conduct layoffs or cut employees’ hours.
It is not uncommon for a business to struggle in its sales and revenue generation. If they are expecting certain profits and are not getting them over time, an employer may decide to cut employees’ hours.
Navigating the Gray Areas: The Ambiguities of Employment Law
There are gray areas in employment law surrounding hour cuts that can be tough to navigate. For example, you were transferred to another position in your company, and your hours were cut. Could this be a straightforward business decision, or could it be retaliation? That would depend on the situation.
Another gray area that may arise is when a particular department of an organization is targeted for hour cuts. If everyone in that department is under 30 except for you (you are 49), and your boss only gives you a 30% reduction in your hours, could this be age discrimination? Potentially.
Consulting with an attorney can help you get clarity on whether or not you may have a case.
When Hour Cuts Cross the Line 

When employers cross the line, the answer to the question, “Can you sue your employer for cutting your hours?” is yes.
Here are situations when it is illegal:
It is illegal when a wage reduction is applied to hours after they were worked. The company needs to inform you ahead of time of a wage reduction. You have a right to fair notice and should not be faced with unexpected reductions.
It is illegal when your hours are cut because you are in a protected class. Title VII of the Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, and national origin.
It is illegal when you have an employment contract or collective bargaining agreement that details an agreed-upon rate for a specific period of time.
It is illegal to cut hours as an act of retaliation, which could be for varying types of actions, including reporting sexual harassment, unsafe working conditions, and illegal behavior by the employer or its representatives, among other reasons.
Discrimination and Retaliation: When the Law Steps In
Federal and state law protects employees from discrimination and retaliation. As mentioned above, Title VII covers protected classes from discriminatory actions. The other primary law used in discrimination cases is the Florida Civil Rights Act. The American Disability Act (ADA) is also used when a person with a disability is targeted for an hour’s court because of that disability. Other federal laws can be utilized, depending on the particular discriminatory action.
Backed by these laws, employees can file a claim with the Equal Employment Opportunity Commission (EEOC), the federal agency that administers employment laws.
Multiple laws cover retaliation, including:

Title VII
Fair Labor Standards Act (FLSA)
Whistleblower laws enforced by OSHA and other whistleblower protections
Family and Medical Leave Act (FMLA)
Sarbanes-Oxley Act (SOX)
The Dodd-Frank Act
False Claims Act

From getting targeted for a cut in hours due to taking time off for having a baby to being retaliated against for reporting financial crimes, the law protects employees who have illegally had their hours cut — and provides a legal framework for holding employers accountable for their unlawful action.
How to Recognize Unlawful Conduct by Employers
The first step to recognizing unlawful conduct is being informed of your employee rights. The next is to be alert and observant of actions or conversations outside normal working norms or business operations. Any confrontational scenes considered harassment or abuse should be taken seriously. Any company emails, conversations at work, displayed photos, or other shared information that is offensive or abusive against classes protected by Title VII should also be taken seriously.
“Shortcuts” in safety or requests to perform suspicious duties are red flags too. Recognizing unlawful conduct boils down to being educated and not complacent in the workplace.
The Necessity of Documenting Everything 

Keeping detailed records when dealing with hour cuts is critical to building a strong case against your employer. Maintain copies of your schedules, performance reviews, pay stubs, position changes, or other HR documentation, including company policies and handbooks. If any incidents occur, such as harassment, document details of what happened and where, when it happened, and any witnesses to the incidents.
Related emails, memos, voicemails, text messages, videos, or other types of media or communications should also be saved.
Any factual documentation you can obtain that you believe would be relevant to a lawsuit regarding cutting your hours is important and can increase your ability to obtain a successful outcome.
How to Sue Your Employer for Hour Cuts
If your employee rights have been violated due to unlawful hour cuts, you have rights that should be protected. Employers should not get away with illegal actions that affect the lives and livelihoods of their employees. While not all instances of cutting hours amount to illegal activity, some do.
Your circumstances could be eligible for a lawsuit to seek damages due to your losses.
Understanding Your Grounds for a Lawsuit
The potential grounds for a lawsuit when an employee’s hours are cut will depend on your situation.
Did you have your wages reduced from the hours you already worked? Were you and other employees of a certain race targeted for cutting hours while other employees of other races were not? Did an employer cut your hours after you secured an employment contract that detailed other parameters?
These areas would be potential grounds for a lawsuit but are not comprehensive. If you believe you may be the subject of an illegal cut in your hours, it is advised to consult with an employee rights lawyer.
Filing a Lawsuit: The Step-by-Sep Process
Here is a step-by-step guide on how to file a lawsuit over hour cuts:

Consult with an employment law attorney about whether you have grounds for a case
Choose an attorney to handle your hour cuts lawsuit
Compile and organize evidence of illegal hour cuts
Gather any relevant witness testimony from any coworkers that are willing to corroborate your claim
File a formal complaint with the EEOC
Attend subsequent meetings and mediation sessions

The Potential Outcomes: What to Expect
Various possible outcomes can occur for a lawsuit over hour cuts. You may recoup damages due to lost wages related to illegitimate reasons for the cuts, which would apply to salaried and wage/hour employees. Damages may include any funds related to bonuses or benefits as well.
Employers may be ordered to change company policies, pay fines, and deal with other penalties.
Depending on the case, additional damages may be appropriate, which occurs in lawsuits involving harassment and discrimination, among other cases. In cases of retaliation in which an employee was fired or demoted, a potential outcome could be for that person to get their previous job reinstated.
Each case is different. Some cases may involve many people, leading to a class action lawsuit. It is important to know that federal and state laws protect employees from illegal actions by their employers, including illegal hour cuts and other areas of employee rights.
Empowering Employees in the Face of Hour Cuts
When you are facing hour cuts, it not only affects financial stability and potentially your career, but it also affects the lives of your family. Employees have the right to justice when employers violate the law. Under your legal rights, you may be entitled to significant compensation.
Understanding the legal implications of hour cuts can make a big difference in your future. If you have been wondering, “Can you sue your employer for cutting your hours?” take action today.
Wenzel Fenton Cabassa, P.A., has the experience you need and can assist you in pursuing a resolution to an employee rights or contract violation. Contact us today for a free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can You Sue Your Employer in Florida?
Navigating the legal landscape of employment rights can be a complex and daunting task. If you have been mistreated by your boss, direct supervisor, or company, you may feel like you have no recourse. You might consider it, but can you sue your employer in Florida? 
Under certain circumstances, you may be able to take legal action against your boss and fight for your rights. With that in mind, below is everything you need to know about standing up for yourself when facing employer mistreatment. 
Legal Grounds for Suing Your Employer
Before you sue your employer, you have to establish legal grounds for doing so. You can take legal action against the company you work for in several instances.
Here are a few such claims: 
Wrongful Termination
Many people ask, “Can I sue my job for firing me?” And in some cases, the answer is yes. However, the incident must constitute a case of wrongful termination, which occurs when an employer violates a state and/or federal law by terminating your employment. 
Florida is an “at-will” employment state, which means that companies can terminate their workers for any reason, or even no reason at all, so long as the termination is not due to an unlawful reason. Employers, therefore, are given broad discretion, but there are exceptions to that rule—the unlawful reasons for a termination.
Specifically, your employer cannot fire you based on any of the following attributes or actions:

Race
National Origin
Color
Religion
Disability
Gender identity
Sex
Pregnancy 
Military status 
Age
Whistleblowing
Filing or attempting to file a valid workers’ compensation claim 
Otherwise, engaging in protected activity under state or federal law (i.e., objecting to discrimination, requesting a reasonable accommodation due to a disability, etc.) 

The Florida Civil Rights Act and federal laws, such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act, protect against wrongful termination. You might have grounds to sue your employer if you believe you were fired unlawfully. 
Discrimination and Harassment Claims
Discrimination can also provide legal grounds for suing your employer in Florida. It refers to any unfair treatment that an employee or job applicant experiences as a result of certain protected characteristics, such as:

Race
National origin
Color
Religion 
Disability 
Sex
Gender identity
Pregnancy
Military status 
Age

For example, being passed over for a promotion, demoted, or refused a job based on protected characteristics would constitute discrimination. Additionally, discrimination sometimes overlaps with harassment, which can be illegal if it is based on a protected characteristic, such as those outlined above.
Many different types of harassment can occur in the workplace. Sexual harassment is one of the most egregious, occurring when a coworker or boss makes unwanted sexual comments, advances, gestures, or requests for sexual favors. 
Sexual harassment usually occurs between a boss and their subordinate. If someone is in a position of power over you in the workplace, they may unlawfully use their status to manipulate you into doing things you do not want to, such as tolerating unwanted touching. 
If you experience any sort of discrimination or harassment, it is important to document the incidents and report them to your employer. You can file a claim with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). Both of these agencies investigate harassment claims and can take action against employers who violate the law. 
Retaliation Claims
If you engage in legally protected activities, such as the ones listed below, and your employer takes negative action against you because of your actions, you may be able to file a retaliation claim.

objecting to discrimination in the workplace, 
participating in an investigation regarding discrimination, 
requesting a reasonable accommodation for a disability, 
filing or attempting to file a valid claim for workers’ compensation benefits or 
whistleblowing.

While retaliation may be overt, such as a termination, it can also sometimes be subtle, so it is important to be mindful of how you are treated after you engage in protected activity. Look out for more nuanced forms of retaliation, such as unfavorable job assignments. In many cases, though, retaliation is more egregious, taking the form of a demotion, pay cut, or termination.
In any case, you will need to prove these three things to successfully claim retaliation:

You engaged in a protected activity
You experienced an adverse action
The action was linked to your protected activity

If all of those elements are present, you may be able to sue your employer for retaliation. Legal remedies may include damages such as compensation for lost wages. 
Termination Due to Illness or Disability
The Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) protect ill employees. The ADA prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations. At the same time, the FMLA allows eligible workers to take unpaid leave from work for certain family and medical issues while having their jobs protected. If you are fired while on FMLA leave or because of a disability covered by the ADA, you may have grounds for a lawsuit.
Steps to Take if You Want to Sue Your Employer

If you think you may have grounds to sue your employer, it is crucial that you take the following measures:
Document Everything
Every detail, no matter how seemingly small, matters in employment lawsuits. Record every interaction with the person or people behind the mistreatment. Save emails, make hard copies of communications, and keep a detailed log of dates and times of any relevant in-person interactions. 
You cannot rely on your place of employment to maintain email and direct message records, so print out everything. You will need as much evidence as possible to support your claims. 
Gather Evidence
In addition to maintaining proper documentation, you must collect any relevant evidence to support your case. Request a copy of your performance reviews, for instance, as these can be valuable in demonstrating your behavior as an employee and proving mistreatment.
For example, suppose you have worked at a company for five years and always receive stellar performance reviews. However, after blowing the whistle on your manager for unlawful activities, you receive a string of write-ups and an abysmal performance review. Obtaining these records will help show that the negative reviews were in retaliation for your whistleblowing activities. 
Report the Issue
Determine your company’s procedures for reporting discrimination, harassment, or retaliation, including whether notifying your employer or human resources department about the issue is necessary.
You need to demonstrate that you attempted to resolve the issue through proper channels before following a lawsuit. If you do not report your grievances, your employer may deny knowledge of the incident, which could hurt your ability to file a legal claim.
File a Complaint
Depending on the nature of your claim, you may also need to file a complaint with the appropriate agency, such as the EEOC or FCHR. These entities can help expedite the process and guide you to an amicable resolution. They may also take action against your employer for any violations. 
Seek Legal Counsel
You need an experienced attorney with a long history of working with employee lawsuits on your side. They will be able to evaluate the merits and strengths of your case so you can make an informed decision about your next steps. 
Your interactions with an attorney will begin with a case evaluation. Bring relevant documents with you to help the attorney understand the scope of your case, such as emails, performance reports, and any other supporting evidence that demonstrates what you are dealing with. Be specific about what happened, who is behind it, and what steps you have taken to this point. 
Potential Consequences for Employers

Knowing what actually happens to your employer once you sue them depends on numerous factors, including the strength and nature of your case, and how egregious their offenses were.
If your employer is found guilty of wrongful termination, discrimination, or retaliation, they may face repercussions such as:
Legal Penalties
Your boss may have to pay fines to regulatory entities such as the EEOC or FCHR. These and other entities have penalty schedules that are meant to punish employers for unlawful behavior.
The company may also have to compensate you for lost wages, which are typically calculated based on the time period of unemployment—from termination until you secure a new employment position. 
Reputational Damage
Legal issues can tarnish an employer’s reputation, affecting their ability to attract and retain talent. If your boss is found guilty of racial discrimination or another serious offense, the company may lose business altogether. 
Operational Impact 
Lawsuits can lead to operational disruptions and increased scrutiny from regulatory agencies. State and federal authorities take all allegations of discrimination and harassment extremely seriously. 
When to Talk to an Attorney About Suing Your Employer
If you believe your employer has mistreated you and think you may have grounds to file a suit, Wenzel Fenton Cabassa, P.A. can help.
We frequently assist clients with inquiries such as “How can I sue my employer?” and “What can I sue my employer for?” Our experienced legal advisors will evaluate the merits of your case and help you decide what to do next. Contact our team today for a free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can You Use FMLA for IEP Meetings?
A parent’s top priority is taking care of their child’s needs. The Family & Medical Leave Act (“FMLA”) plays a vital role in this across multiple types of circumstances. Have you been wondering if you can use FMLA for IEP meetings? Wenzel Fenton Cabassa, P.A. cares for the well-being of children across Florida, and we are your go-to experts on employee rights.
FMLA & IEP: An Overview
Under the Individuals with Disabilities Education Act (IDEA), children with severe health conditions have the right to an IEP education. This Individualized Education Program is developed by the school and includes regular meetings with parents to revise and modify the IEP to address the child’s ongoing and evolving needs. Participants in these meetings typically include teachers, school administrators, occupational therapists, speech pathologists, or other related services personnel.
Since parents have to take time off work to attend these meetings, it is important to know your employee rights when it comes to attending IEPs.
The Department of Labor (DOL) oversees the enforcement of the Family & Medical Leave Act (FMLA), including IEPs. The DOL states that FMLA leave can be used for IEP meetings to:

“address the educational and special medical needs of children who have serious health conditions as certified by a healthcare provider.”

Under the 29 C.F.R § 825.112(a)(3) regulation, the IEP meetings are essential to provide both physical and psychological care for children. It is important to know that your child’s doctor or other medical health care professional does not need to be present at the meeting to qualify for FMLA as mandated by the DOL.
Although this is the standard for IEP education set by the DOL, there are still certain requirements and limitations that parents should be aware of when it comes to using FMLA leave.

 
FMLA Requirements & Limitations for IEP Meetings
The FMLA has certification requirements for children to qualify for IEP meetings. The regulation described above does not suspend these requirements. Employees still need to submit the certification paperwork that establishes that the child has a serious medical condition.
Also, most employers will require a certain amount of notice for you to take FMLA for your child’s IEP meetings. Because the IEP is an event a parent has advance notice of, the employer may properly require you to give advance notice: “An employee must provide the employer at least 30 days advance notice before FMLA leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, planned medical treatment for a serious health condition of the employee or of a family member, or the planned medical treatment for a serious injury or illness of a covered servicemember. If 30 days notice is not practicable, such as because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable.” Make sure to follow the guidelines your employer has for taking time off from work. If you have followed all appropriate measures and have been retaliated against by your employer, including being harassed, demoted, or fired, consult an employee rights lawyer right away to discuss your legal options.
The FMLA is not wholly encompassing for all types of school meetings, though. For example, as a general rule, regular parent-teacher conferences or disciplinary meetings do not apply. The standards set by the DOL for taking FMLA for IEP meetings are:

“An employee must provide the employer at least 30 days advance notice before FMLA leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, planned medical treatment for a serious health condition of the employee or of a family member, or the planned medical treatment for a serious injury or illness of a covered servicemember. If 30 days notice is not practicable, such as because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable.”

Make sure to follow the guidelines your employer has for taking time off from work. If you have followed all appropriate measures and have been retaliated against by your employer, including being harassed, demoted, or fired, consult an employee rights lawyer right away to discuss your legal options.
The FMLA is not wholly encompassing for all types of school meetings, though. For example, as a general rule, regular parent-teacher conferences or disciplinary meetings do not apply. The standards set by the DOL for taking FMLA for IEP meetings are:

An employee is meeting with teachers and/or administrators and service professionals to make medical decisions regarding their child’s medically prescribed therapy
An employee is meeting with service providers such as speech therapists to talk about the child’s progress or well-being
An employee is meeting with teachers and/or school administrators to make sure that the child’s school environment is suitable for their academic, medical, or social needs

 
Wenzel Fenton Cabassa, P.A.: FMLA & Employee Rights Experts
We are the employee’s law firm and care deeply about employee rights and families across Florida.We understand the importance of IEP education and IEP meetings and are here to keep you informed and act as your legal advocate if your rights under the FMLA have been violated.
Helping thousands of employees across industries hold employers accountable for illegal behavior — we are experts on FMLA and employee rights.
Has your child met the criteria of getting an IEP education and your employer retaliated against you when you followed the rules? 
Are you uncertain about the circumstances? 
Know you do not have to face this fight alone. We offer free case evaluations to help you make the best legal decisions in FMLA cases and employee rights.
Contact Wenzel Fenton Cabassa, P.A. today to set up your free, confidential case evaluation. We want to help you get the time off you need for your child’s IEP education needs and protect your employee rights from employers who have violated the law by harassing, demoting, or firing you (or other types of retaliation).
We have offices across Florida, including Tampa, Orlando, Miami, Sarasota, St. Petersburg, Jacksonville, and West Palm Beach to help employees across the Sunshine State get the legal guidance they need to take care of their families.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can You Work for a Company After You Sue Them?
Workers sue their employers for many reasons other than wrongful termination. In some cases, the plaintiff in the lawsuit may still be employed by the defendant. What happens next? Can you work for a company after you sue them?
The short answer is yes. In fact, in most cases, the law protects workers from being fired for filing a lawsuit against the employer. As a result, the decision to stay or leave is left to the employee. However, employees must consider all the legal and interpersonal complexities in deciding whether to stay with their employer or look for a different job.
Understanding Legal Protections for Employees 
Many laws that give you the right to sue your employer also protect you from retaliation. For example, laws governing disputes over discrimination, pay, and workplace conditions block employers from targeting you for adverse treatment, including:

Denying promotions or demoting you
Withholding training
Cutting your pay, hours, overtime, or benefits
Terminating you
Singling you out for different job duties
Disciplining you for no reason
Giving you negative job reviews without justification

You have an additional legal claim when your employer retaliates against you. Thus, your employer only makes things worse for itself by retaliating.
In many situations, the law also protects co-workers who assisted you in your lawsuit from retaliation. Thus, anyone who gave testimony to support your claim or reported similar problems will also have a claim if they experience retaliation.
The Realities of Maintaining Employment After Litigation

Retaliation is only one issue you may face if you stick with your employer after filing a lawsuit. 
Legal Considerations
The law protects you from retaliation. If your employer does retaliate, you face adding another claim to your lawsuit, as well as the burden of gathering evidence to support that additional claim. In short, going back to your employer might expand your legal issues rather than solving them.
Additionally, before you commit to staying with your employer, you should speak to the litigator handling your case. They may have serious concerns about confidentiality, pressure from your employer to drop your case, or even attempts by your employer to come up with claims against you. 
For example, your employer could accuse you of tampering with its witnesses or stealing documents for your case.
In most cases, changing employers will allow you to turn down the temperature on your legal situation and allow the process to play out without adding new legal problems.
Workplace Considerations
You should consider what your working environment will look like if you stay with your employer. Can you sue a company and still work for them? Yes, but would you want to?
The supervisors and managers you called out in your lawsuit might remain employed there. 
Just as you expect your employer to treat you fairly, the supervisors you accused of harassment, discrimination, or pay violations will expect due process before being fired. The workplace dynamics of working with those supervisors could range from cold to downright hostile.
You must also consider how your co-workers might view you. Some may admire you for doing the right thing. Others might view you as a troublemaker. Your presence might divide your co-workers into those who believe you, those who disbelieve you, and those who do not care.  Thus, returning to work for your employer could result in deep divisions at work.
Career Considerations
Depending on your job, you may be building a career. You should assess how sticking with your employer will affect that. You need to consider where you will get the mentoring and develop the professional relationships that will help you over the long term.
Make sure you also look at your decision from the perspective of an objective outside party. The allegations you made in your lawsuit might taint your employer’s reputation in your industry. You might need to move to a different employer to improve your career, specifically due to the treatment you experienced there.
How to Protect Your Rights and Your Job

You can take steps before, during, and after litigation to protect your employment status and legal rights. You may not need these protections if you ultimately decide to leave the employer you sued. However, by laying the groundwork, you can keep your options open in case you decide to stay. 
Seek Legal Counsel
Every situation is unique. What you should or should not do will depend on your job, your employer, and your legal claims. In some situations, the legal risks of staying far outweigh the benefits. In other situations, a lawyer can help you chart a course that allows you to stay at your job while your lawsuit proceeds.
Some factors to discuss with your lawyer include:

Whether you are a contract worker or an at-will employee
The claims you have against your employer
The evidence that exists to prove your claims
Whether anyone else in the company has similar experiences
The uniqueness of your job

Based on these factors, you and your lawyer can decide whether you should stay with your employer and, if so, what you should and should not do while there.
Review Your Employment Status
If you are an at-will employee, you can quit at any time for any reason. You can choose whether to stay with your employer after filing the lawsuit or move on to a different employer. 
While employers usually have the right to fire at-will employees for any reason, they cannot fire them in retaliation after filing many types of lawsuits. As a result, the decision to stay or not rests in your hands.
Contract employees have many other considerations based on the contract’s terms. You may be obligated to return to your employer after filing a lawsuit if you cannot terminate your contract. 
Your employer might have to take you back as long as you did not breach your contract. In this case, neither you nor your employer can unilaterally end the employment. Instead, you will either return or negotiate a termination of your contract.
At the end of the contract, your employer might have the right to allow your contract to expire, effectively firing you without violating the prohibition against retaliation. Thus, if you choose to return, you should keep in mind that your return may only be temporary.
Document Your Interactions
If you decide to return to your job, you should document your interactions with your co-workers and supervisors. While any form of retaliation will likely support a new claim, you need evidence to explain why you believe it was retaliation and not an action justified by something you did.
You should also try to avoid any discussions with your employer about your case without your attorney. Anything you say could be misconstrued or, worse yet, twisted by your employer to use against you. 
If your supervisors or anyone in the company’s management or legal team wants to talk about your case at work, politely decline and ask for a meeting your attorney can attend.
Frequently Asked Questions About Suing Your Employer
Here are some answers to common questions and concerns employees have about suing their employers.
How Do I Document Evidence for My Case While Still Employed?
Since every case is unique, there is no one-size-fits-all formula for gathering evidence from your employer. 
You should speak to an experienced employment lawyer before you begin gathering emails, witness statements, employee records, and other evidence. The lawyer can advise you about how to document your case without violating state and federal laws or company policies.
If you stay with your employer, you should carefully avoid anything that your employer could use as a counterclaim against you, such as hacking its computer systems or photocopying confidential documents. 
The litigation process includes a stage called “discovery.” During this phase, your lawyer will request documents and depositions from your employer. As a result, you do not need to do anything sneaky or secretive to gather evidence for your case.
Can I Negotiate a Settlement and Still Keep My Job?
Yes. There is nothing that prevents you from staying in your job after your settlement. You can even negotiate the terms of your continued employment and include them in the settlement agreement. 
For example, in a discrimination case, your settlement agreement may require your employer to give you the promotion or training you were improperly denied. Please note, however, that in the majority of cases, employees who resolve their legal issues with their employers are typically required to resign as part of the settlement terms.  
Will My Lawsuit Be Public Record?
Yes. The documents filed in a lawsuit are a matter of public record unless you or your employer ask that they be sealed. 
Court rules allow the parties to redact some information, like financial account numbers and Social Security numbers, as a matter of course. The parties must file a motion to seal if they want to protect any additional information.
While the court has wide discretion to seal records, judges tend to favor public disclosure. As a result, you may have an uphill battle to seal records in your lawsuit.  
Because lawsuits are a public record, and many employees do not want to create a public record of their dispute with an employer, a private, confidential, pre-litigation severance negotiation is often the best path for employees to take when separating from an employer.  
Seeking Legal Representation: When and Why
Can you work for a company after you sue them? Of course, you can. However, not all workers decide to work for an employer they have sued. It takes a lot of courage to stick with a company after litigation has started. 
This situation is ripe with legal and career pitfalls, so you should strongly consider seeking professional legal advice while you are considering staying with your employer.
Wenzel Fenton Cabassa has stood with employees against their employers for over 30 years. Our attorneys have decades of combined experience in cases involving all aspects of employment law. Contact us to learn how our experience and knowledge of this area of the law can help you with your case.
 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Can Your Employer Contact You While on Medical Leave? Know Your FMLA Rights in Florida
When you or a loved one faces a medical crisis, the last thing you want to worry about is your job security. That’s why the federal Family and Medical Leave Act (“FMLA”) provides job-protected leave for eligible employees, including those here in Florida. But what happens if your employer starts calling, texting, or emailing you during your leave? Can your employer contact you while on medical leave? Let’s break down what the law says, what you can expect, and how to protect your rights.

Taking medical leave can be stressful—understand your rights to peace of mind.

Understanding Florida’s FMLA Protections

It is important to note that while Florida does not have its own state FMLA law, Florida employees still benefit from all the protections offered by the federal FMLA. The federal law generally applies to employers with 50 or more employees and provides up to 12 weeks of unpaid, job-protected leave per year for certain family or medical reasons. It is essential to understand can an employer contact you while on FMLA.

Key requirements for employee eligibility under the FMLA:

You must have worked for your employer for at least 12 months.

You must have worked at least 1,250 hours in the 12 months before starting leave.

Your employer must have at least 50 employees within a 75-mile radius of your worksite.

If you meet these criteria, you may be entitled to unpaid leave for a qualifying reason, such as:

The birth or adoption of a child.

Your own serious health condition.

Caring for a spouse, child, or parent with a serious health condition.

The FMLA also grants specific military family leave entitlements, allowing eligible employees to take leave for designated reasons related to certain family members’ military deployments. Furthermore, employees may use up to 26 weeks of FMLA leave within a single 12-month period to care for a covered servicemember with a serious injury or illness.

Can Your Employer Contact You While on FMLA Leave?

With so much technological connectivity in today’s modern world, we seem to live with a constant stream of communication. When you add in the many more people working from home, it can be confusing to understand employee rights. Are employers allowed to contact you during FMLA leave?

While on FMLA leave, you generally have the right to time away from work to focus on your health and family without interruption. However, the law does not impose an absolute “no contact” rule on employers. Brief and limited work-related communications are sometimes permissible. For example:

Administrative Check-Ins: An employer may contact you to clarify brief questions about your job duties to help a temporary replacement or to locate files or passwords.

Return-to-Work Logistics: An employer may reach out as your return-to-work date approaches to confirm a start date or gather information about any needed accommodations.

Basically, if an employer’s request entails readily accessible information and is important to the company’s operations, it may be considered legal. While the line between legal and illegal regarding contact during FMLA leave is not distinct, some courts have ruled that “de minimis” work-related contact is legal. In other words, minimal contact from employers is allowed.

Other questions you might have are: can your employer contact you while on short-term disability? They may ask when you will be ready to return to work, if you need any accommodations, or pose requests for similar work issues.

The key is that the contact should not be so frequent or demanding that it effectively negates your right to leave. The purpose of the contact should be limited and work-related, not to pressure you into ending your leave early.

When Does Contact Cross the Line?

If your employer’s communications become excessive, intrusive, or are designed to make you feel guilty for taking leave, this may be considered interference with your FMLA rights. Contact that suggests you should return to work before you are ready, insists you participate in lengthy meetings, or requires you to handle complicated projects from home might violate the FMLA. 

Warning signs that your employer may be overstepping boundaries include:

Frequent texts, calls, or emails about non-urgent matters.

Pressure to “help out” with ongoing work assignments.

Requests that make you feel stressed, anxious, or worried about your leave being cut short.

Treating your FMLA leave as a work-from-home leave.

Protecting Yourself and Your Rights

If you find yourself on the receiving end of unwanted communication during your leave, consider these steps:

Maintain Documentation: Keep records of all communications from your employer while you are on leave—this includes saving emails, recording dates and times of calls, and noting any details about the content of these conversations. Documenting violations of your FMLA leave rights will be important later on if you contact an attorney for assistance.

Politely Set Boundaries: If you are comfortable doing so, you can respectfully remind your employer that you are on protected leave and will address non-urgent matters when you return. Alternatively, you can provide time frames you are willing to have a quick phone call or respond with a quick email. Be careful not to volunteer to perform work duties. If asked to perform something substantial, you may consider saying no or questioning them about repercussions if you do not perform what was requested.

Seek Legal Guidance: If the contact persists or you believe your employer is interfering with your rights, consult an experienced FMLA attorney. They can help you understand whether the law has been violated and advise you on next steps.

Safeguard Your FMLA Rights—Reach Out to Wenzel Fenton Cabassa, P.A. Today!

Your FMLA rights are invaluable and should never be compromised. If you are facing violations from your employer through improper contact or other actions, you do not have to face it alone. At Wenzel Fenton Cabassa, P.A., we are committed to defending employees like you, ensuring your rights are preserved and your job remains secure.

If you suspect your FMLA rights have been breached, take proactive steps to protect yourself. Contact us today or schedule a free case evaluation with one of our seasoned employment law attorneys. Let us assist you in holding your employer accountable and securing the justice you deserve. Contact us now to take decisive action!

#### Can Your Facebook Posts Get You Fired?
Employers are cracking down on employees who air workplace dirty laundry on social media

I’m sure by now you’ve heard of the Taco Bell employee who posted a photo of himself on social media licking a stack of tacos at work. At the time, it was all in good fun – the tacos were apparently never even intended to be served to customers – and he didn’t think much of it. But he quickly learned the harsh reality that what you share on social media could cost you your job. And in his case, it did.
With the exploding popularity of social media, we’re able to instantly express our thoughts, feelings and jokes to the entire world. But that ability makes it trivially easy to post without thinking through the ramifications. And unfortunately for us, our employers are watching.
Workplace Policies and Social Media
The fact of the matter is, employers don’t want you Tweeting about them to the rest of the world. And they’re doing everything they can to make sure you don’t – including writing sections into employee manuals that outline the company’s social media policies. Many of these policies are very specific and indicate employees are not to discuss company matters, defame fellow employees or stoke any simmering workplace disputes on social media. In some companies, violating these policies is a fireable offense. So it’s important to understand any documentation related to social media policies that you’re asked to sign.
Obviously, it doesn’t help your case if you blast a picture all over social media of yourself doing something that clearly violates company policy and just lacks overall common sense – as in the case of the Taco Bell employee. Always think before you share information with the world. And even if you think there’s no way your employer is going to see what you’ve posted, it’s better to err on the side of caution.
Do’s and Don’ts of Social Media
“So what can I say on social media?”
You’re probably wondering if you’re allowed to say anything about work on social media. I mean, we all love a good venting session. And what better place to share that than on social media where you can get a quick response from all of your friends – or even total strangers – validating your resentment and anger? Well, to help you out, we’ve outlined a bit of what can and cannot be shared in hopes we can put your mind at ease.
This is okay:

Under the protection of the National Labor Relations Act, you can talk about unpaid wages, working conditions and benefits. But only if you’re speaking with fellow employees and are constructively trying to solve the problems at hand.
Your opinions are your own, even if they’re factually wrong, and can be shared on social media. But again, only if you’re speaking with other employees and are trying to solve a problem.

But this isn’t:

Confidential information. At no time should you share any trade secrets or any other confidential workplace information, on social media or anywhere else.
Any abusive or harassing behavior towards other employees is not allowed. At no time should another employee be sexually harassed, threatened or retaliated against, whether at work or online.
You can’t just vent for the sole purpose of venting. Bad-mouthing your employer to everyone may or may not be allowed, but it’s certainly not legally protected behavior. You can be fired for doing it.
Anything that will violate the specifics of your company’s policies. Naturally, that varies from company to company, so make sure you keep copies of all of your signed documentation and that you clearly understand the policies outlined in your employee handbook. It’s the best way to make sure you’re not wrongfully terminated.

And there will be times when employers just get it wrong. If you’re reprimanded or even terminated due to your Facebook activity, make sure you get a written explanation that is consistent with your workplace policies. Protect yourself and make sure you take action if you’re wrongfully terminated.
At Wenzel Fenton Cabassa, P.A., we specialize in employment law and understand the rights of the employee. We’ve helped victims of wrongful termination, harassment, workplace retaliation, discrimination and more. And we’re ready to help you. So give us a call today.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Changes to EEOC Reform Act Proposed for Federal Contractors and Private Employees
Will the EEOC Reform Act protect more employees from wage discrimination? A Senate bill was introduced in March to amend the Equal Employment Opportunity Commission’s Reform Act. The EEOC Reform Act was first introduced in an attempt to collect pay data from employers and reduce the occurrence of wage inequalities and unlawful discrimination.
In light of the seventh anniversary of the Lilly Ledbetter Fair Pay Act in January 2016, protections for federal contractors and privately employed workers were proposed in order to require companies to report pay data that could deter unequal work conditions. The new proposal requires employers of federal contractors with between 50-99 employees and private employers with at least 100 employees to include pay data within each regular annual EEO-1 report along with information already required, such as the number of employees by job category, sex, race and ethnicity.
Now these specified types of companies will be required to disclose the employees’ total W-2 earnings for the year (to ensure the inclusion of nontraditional compensation like tips, commissions, and bonuses), for both full-time and part-time employee. The EEOC allowed comments for 90 days up to April 1, 2016. The main concerns for employers now required to disclose additional information include additional compliance requirements, confidentiality issues, and increasing enforcement.
On March 16, 2016, Senate Bill 2693 was proposed in response to the extended EEOC oversight. Among the top issues cited in the bill were:

Increase in data collection of 1,933 percent
Does not comport with that stated purpose of the Paperwork Reduction Act
37.6 percent of EEOC staff expressed concern that their workload is not reasonable, substantially higher than the government-wide average of 26.5 percent

In response to the bill, the EEOC would be required to then collect information and file an annual report. The hours required by the EEOC for such an undertaking would be transferred by reducing the number of pending charges with the Commission at the end of the year. This data will provide the basis to estimate the number of hours it will take the EEOC to track, verify, and ensure the confidentiality of information in the annual reports.
According to Lawmaker Challenges EEOC’s Collection of Pay Data on Lexology, the Senate bill requires, “the agency to reduce its pending charges to not more than 3,660 of the 76,408 pending at the end of 2015 before beginning any collection of pay data.”
Many other responses during the EEOC Reform Act’s commentary period conveyed a need for the Equal Employment Opportunity Commission to either withdraw the reform or make substantial changes to the proposal before implementation to avoid overloading the commission.
After the proposal is reviewed by the White House Office of Management and Budget and the final revisions are made to the EEOC-1, the new agreement is set to be delivered by September 2016. With this timeline, the EEOC Reform Act pay data collection is likely to start in September 2017.
Are you experiencing wage discrimination on the job?
The best thing you can do for you or someone you know who is the victim of unlawful wage discrimination is to seek help from an experienced employment lawyer. Wenzel Fenton Cabassa, P.A., is a collective of employee rights attorneys who can help you get a better overview of your case. Call to set up a free case evaluation today.
SOURCES:
Federal courts can’t intervene ‘too deeply’ in EEOC class actions, attorney says
EEOC Pay Data Proposal Draws Criticism and Applause
Lawmaker Challenges EEOC’s Collection of Pay Data
S.2693 114th Congress (2015-2016)

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Cheerleaders gaining more employment law protections
A bill is on its way to the California governor’s desk that would classify football and basketball cheerleaders as employees and require their teams to pay them at least minimum wage. The bill would also require overtime pay and sick leave for professional cheerleaders in California.
The bill was pitched by a former college cheerleader and has received strong support. It requires that cheerleaders be paid for the time they spend representing their teams both during and outside of games.
All this comes after numerous teams — including the Tampa Bay Buccaneers — were sued by former cheerleaders, accused of wage theft and other illegal employment practices.
In 2014, Manouchar Pierre-Val, a former cheerleader, sued the Bucs, stating the team did not compensate its cheerleaders for all their work. She cheered for the Bucs during the 2012-2013 season and said she was paid $100 per game, but worked many more unpaid hours running clinics, practicing, going to charity events and posing for swimsuit calendars.
The Bucs agreed to pay up to $825,000 to settle this class-action lawsuit.
The Raiders paid even more in a similar lawsuit, settling with two former cheerleaders for $1.25 million. After the suit, the team changed its policy, paying cheerleaders $9 an hour, plus overtime.
These lawsuits have garnered national attention, as cheerleaders represent teams in the NFL, which is worth over $33 billion. Cheerleaders are often considered independent contractors, which is a frequently litigated issue — one facing many online-based service companies, such as Uber and Lyft.
Supporters of the bill and cheerleaders’ suits say any “independent contractor” status is a misclassification. In the lawsuits against the Raiders, an attorney dismissed the contractor status, saying the team dictated the choreography and music and set strict limits on cheerleaders.
A similar bill was proposed in New York, though Florida has not seen such a bill, yet. So while California’s bill is a step in the right direction, many more states have yet to address the wage gap and labor violations associated with cheerleading.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Chef John Besh Creates Culture of Sexual Harassment at Work
Inappropriate conduct can be pervasive in some work environments. One has to look no further than the recent string of sexual harassment allegations against New Orleans chef and restaurateur John Besh and some of his male employees and managers.
According to The Times-Picayune, during the past several years, the John Besh Restaurant Group fostered a culture of sexual harassment. So far, 25 current and former female employees have come forward to allege that they were sexually harassed on the job. The women chronicled a workplace where their male bosses and co-workers touched them without consent, made lewd comments regarding their appearance, and in some cases attempted to use their positions of authority to convince them to have sex.
Often, when female employees rebuffed these advances and spoke out against the sexual harassment, they were ignored, berated, or even ostracized.

Sexual Harassment in the Restaurant Industry

Over one-third of all sexual harassment claims reported to the Equal Employment Opportunity Commission (EEOC) are from the restaurant industry

The John Besh Restaurant Group isn’t an outlier in the restaurant business; sexual harassment has long been an issue in the industry. In fact, a 2014 study by Restaurant Opportunities Center United, a worker advocacy group, found that 80% of female restaurant employees reported that they experienced on-the-job harassment from other employees and 66% reported that they were harassed by their managers.
In the fast food industry, 40% of female employees reported being subject to “unwanted sexual behavior” while on the job, and 28% of those individuals revealed “multiple incidents of harassment.” More staggering is the fact that, according to the report, over one-third of all sexual harassment claims reported to the Equal Employment Opportunity Commission (EEOC) are from the restaurant industry. This statistic is even more troubling because only 7% of American women work in that industry.
Unfortunately, as the above report reiterates, victims of harassment don’t frequently report it because they believe they may lose their job, be subjected to retaliation, or even be publicly humiliated.

What to Do If You Are Sexually Harassed at Work
As an employee, you should never feel powerless if you’re working in a hostile environment. If you’re sexually harassed, you should take the following steps:

 Speak Up: Let the harasser know that his or her actions are offensive to you. If the individual continues to harass you, he or she knows that they’ve been put on notice.
Report the Harassment: Inform your supervisor and human resources in writing that you’ve been harassed. If your supervisor harassed you, report it to his or her supervisor. Some companies have procedures for making a harassment claim, so if this is the case, make sure you follow the correct steps when reporting it. In addition, document all incidents of harassment, along with your complaints, including the dates, times, who was involved, and what was said.
Contact an Attorney: If you are unsuccessful in resolving your complaint with your employer, an experienced sexual harassment attorney can determine whether you have a case and help you file a claim with the EEOC and/or the Florida Commission on Human Relations (FCHR) and a civil action against your employer as appropriate.

Contact a Florida Sexual Harassment Attorney
Wenzel Fenton Cabassa, P.A., has handled thousands of sexual harassment cases. If you have been sexually harassed on the job, we can help you get the justice you deserve. Contact our office today to for a confidential case evaluation. For your convenience, we have locations in Tampa, Orlando, Sarasota, and Miami.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### COBRA Insurance: How Does It Work In Florida?
Florida employees that receive group health benefits through their employer may have the option to continue coverage after employment ends with Florida COBRA insurance.
The Consolidated Omnibus Budget Reconciliation Act (COBRA) was passed by Congress in 1985, going into effect the following year. The act enables workers and their families to continue their health benefits under their former employer’s group health plan. Coverage only lasts, however, for a specified amount of time after employment terminates.
You may have questions like who is eligible for COBRA insurance in Florida? What does it cover? How do I make payments or how much does it cost? Plus, you should know what to do if you’ve been wrongfully terminated or retaliated against resulting in the unfair denial of health benefits. It’s also important to understand the COBRA election notice you receive so you can elect COBRA if you want to.
What You Should Know About COBRA Insurance in Florida

Florida COBRA insurance isn’t much different from other states. If you were a full-time or part-time employee, you should be eligible to receive Florida COBRA healthcare coverage. Keep in mind that your eligibility must also meet other criteria such as plan coverage, qualifying events, and eligible beneficiaries. Under the U.S. Department of Labor (DOL) guidelines, an employer must have 20 or more employees in its group health plan. Those individuals must also be on that plan for 50% or more of a normal workday during the prior calendar year for the employer to offer COBRA coverage.
For an employee to be considered a “qualifying beneficiary,” the employer’s group health plan must previously have covered the individual (or spouse/partner or dependent child) before employment ended. The employee must also have a “qualifying event” that would have been the reason he or she lost health insurance coverage.
Individuals Eligible for Florida COBRA Insurance
Florida COBRA insurance isn’t much different from other states. If you were a full-time or part-time employee, you should be eligible to receive Florida COBRA healthcare coverage. Keep in mind that your eligibility must also meet other criteria such as plan coverage, qualifying events, and eligible beneficiaries. Under the U.S. Department of Labor (DOL) guidelines, an employer must have 20 or more employees in its group health plan. Those individuals must also be on that plan for 50% or more of a normal workday during the prior calendar year for the employer to offer COBRA coverage.
COBRA allows employees to continue coverage for themselves, their spouses, former spouses, and dependent children if they lose group health coverage due to events like terminating employment. Often those participants who chose COBRA pay higher amounts than they might under a traditional individual health plan, and the main reason is that the employee must pay the full price for the COBRA health insurance coverage.
To elect COBRA insurance in Florida, an individual must experience one of the following:

Quit their job.
Be fired unless it was due to “gross misconduct.”
Have their hours reduced, and they no longer qualify for their employer’s health plan because they are no longer considered “full time.”
Retire.

Under Florida COBRA insurance, employees can continue their healthcare coverage for a minimum of 18 months, while their spouses and children may receive coverage for up to three years. Dependents may continue COBRA coverage for any of the following reasons:

They get divorced or legally separated from their covered spouse.
Their covered spouse or parent died.
The child of a covered employee turns 25 and is no longer eligible to be on his or her parent’s plan.
The covered employee goes on Medicare.

How to Elect COBRA Insurance in Florida
Once a plan administrator is notified, they have 14 days to send the information on how to elect COBRA insurance. Under federal law, it’s the duty of the plan administrator to send the COBRA election notice documents to the former employee and their dependents by the deadline. Not doing so could result in monetary damages of up to $110 per day for each violation from the date the notice was supposed to be sent, in addition to attorney’s fees and costs.

The former employee and his or her family then have 60 days to decide whether to continue with the coverage, but it’s not necessary for the entire family to elect COBRA insurance. It’s possible to change your mind about selecting it if it’s within the 60-day election period, and coverage can be canceled at any time. The former employee and his or her dependents are not required to carry it for the full 18 months.
Once Florida COBRA insurance is elected, the former employee notifies the plan administrator. The plan administrator is required by law to provide copies of the plan documents within 14 days or face the possibility of fines or other damages. As the former employee, it’s your responsibility to pay the health insurance premiums, and once the election forms are completed, the first premium payment is due within 45 days of the election date.
What is the Cost of COBRA Insurance?
Employees who are eligible for COBRA insurance are required to pay monthly premiums, which the employer is required to set out in the notice. Employers sometimes try to discourage former employees from electing COBRA in an effort to save money.

Eligible individuals are required to pay the entire premium for coverage, which can include both the part the employer used to pay and the part the employee paid. Moreover, the plan is permitted to add an administrative fee on top of this premium. For standard COBRA coverage, this fee is capped at 2% of the total premium, making the total cost to the beneficiary not exceed 102% of the plan's cost.
However, for beneficiaries eligible for the 11-month disability extension, the administrative costs may increase. During this disability extension period, the premium for COBRA coverage may be increased to 150% of the plan's total cost of coverage for similarly situated individuals. This is to account for the additional administrative costs incurred during the extended coverage period. Nevertheless, it's worth noting that some insurance providers, such as Florida Blue, have policies to keep the premium at the standard 102%, offering financial predictability for beneficiaries during their extended coverage period.
Some COBRA plans give a 30-day grace period and different payment options such as conversion plans, extensions, and disability considerations. Depending on your annual income per your income tax return, you may be eligible for a COBRA provision that offers a 65% federal subsidy for up to 15 months.
Employees must also pay a two percent service charge to the insurer. To determine the monthly premium cost, contact your former employer’s Plan Administrator.
Some COBRA plans give a 30-day grace period and different payment options such as conversion plans, extensions, and disability considerations. Depending on your annual income per your income tax return, you may be eligible for a COBRA provision that offers a 65% federal subsidy for up to 15 months.
Benefits Covered Under COBRA Health Insurance
Once you choose continuation coverage under COBRA, it’s required that you’re given the same coverage that a plan offers to active employees and their families. The same rules apply as when you were an employee, such as co-payment requirements and deductibles. In addition to the same benefits, you have the right to choose between available coverages during open enrollment season as current employees and their beneficiaries.
Advantages of Choosing COBRA Insurance in Florida

While COBRA may cost money, it’s better than going without health insurance. It’s especially helpful for those with existing health issues that may prevent them from qualifying for an individual policy – or if you do find a policy, the rates may be extremely high. If you have a coverage lapse plus a preexisting condition, you could face higher premiums than most.
 
Reasons Your COBRA Insurance in Florida May Be Terminated
Now that you know the basics of COBRA insurance in Florida, it’s important to be aware of the ways in which you can lose coverage. Scenarios can include:

The employer fails to keep any group health plan.
Premiums are not paid when due.
The employee enrolls for Medicare benefits after choosing COBRA health insurance coverage.
An employee begins coverage under a new employer group health plan before choosing continuation coverage, providing the new plan doesn’t force an exclusion or limitation concerning a preexisting condition of the qualified beneficiary.
An employee participates in fraudulent activities that justify the plan terminating coverage of a current participant or beneficiary.

What Should You Do If Your Employer Denies Your Florida COBRA Insurance Benefits?
If your former employer denies you COBRA benefits due to wrongful termination or retaliation, it’s in your best interest to contact an employment law attorney. While COBRA statute and case laws haven’t established a standard definition of “gross misconduct,” employers who choose to deny their former employees coverage based on misconduct must consider the following:

There must be a connection between the employee’s offense and their job.
The employee needs to understand the seriousness of the misconduct.
The offense must be willful.
If the employee chooses to challenge the denial of Florida COBRA insurance, it’s in the employer’s best interest to determine whether the cost of a potential lawsuit is worth it compared to offering COBRA coverage to the employee.

Because there isn’t a clear definition of “gross misconduct,” as defined by COBRA law, courts have differed widely on their decisions. Therefore, denying an employee COBRA coverage because of misconduct can result in a higher than average risk of litigation for the employer.
Florida's "Mini-COBRA" Law for Small Business Employees
Florida's "mini-COBRA" law extends crucial health coverage continuation benefits to employees of smaller businesses not covered by the federal Consolidated Omnibus Budget Reconciliation Act (COBRA). Here are the key points to know:

Eligibility: Similar to the federal COBRA requirements, Florida's mini-COBRA law applies to employees who lose their job or experience a reduction in hours that results in the loss of health coverage. This state-specific provision ensures that more individuals can maintain their health insurance in times of transition.
Employer Requirement: The law mandates that employers with fewer than 20 employees offer continuation coverage to their employees and their families following certain qualifying events. This includes voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, divorce, death, and other life events.
Coverage Duration: The continuation of coverage under Florida's mini-COBRA can last up to 18 months, depending on the qualifying event. This duration is designed to provide a bridge until the individual can secure alternative coverage, whether through a new employer, the Health Insurance Marketplace, or another source.
Notification Requirements: Employers are required to notify eligible employees of their right to elect continuation coverage under the mini-COBRA law. This notification should include information on how to elect coverage, the cost of coverage, and the time frame within which the election must be made.
Cost of Coverage: Individuals electing continuation coverage under the mini-COBRA law are typically responsible for paying the entire premium cost, which can include both the employer and employee's share of the premium costs plus a small administrative fee.

It's important to note that the specifics of Florida's mini-COBRA law, such as eligibility criteria, coverage duration, and employer obligations, are subject to change based on new state legislation or administrative rulings.
Get the Insurance You Deserve
If you find COBRA to be confusing, or if you believe you’re unfairly denied coverage, or if you have any questions or concerns about the election notice you received, speak with an employment law attorney at Wenzel Fenton Cabassa, P.A. today.
Our Florida COBRA rights attorneys have handled thousands of workplace rights cases, just like yours, and can help you preserve your rights and get the insurance you deserve.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Common FLSA Violations & Cases [Infographic]
Updated January 23, 2019
More than 143 million American workers are protected by federal law. Has your employer committed an FLSA violation? Under the Fair Labor Standards Act, your case may be protected from these common violations of employee rights.
What are some common FLSA Violations?
There are many types of employment law cases that violate current regulations to include Employee Misclassification, Unpaid Wages, and Harassment. You may be entitled to benefits from your employer, missing money owed, and/or a settlement as the result of discrimination. FLSA damage awards can be quite substantial. They are there to hold employers accountable for unlawful and unfair actions and to allow employees to seek justice.
If you believe that your FLSA case qualifies under one of these conditions, take a look at the best actions to take regarding your employee rights.
Sometimes, these FLSA violations are just plain mistakes (such as misclassification). Other times, it is intentional and an egregious Fair Labor Standards Act violation. Wage and Hour violations occur all the time across many industries including hospitality, retail, and healthcare. Wage and Hour violations penalties may also include an equal amount of liquidated damages.
For example, if your employer failed to pay you $1,000 in overtime wages you legally qualified for, then the FLSA provides you may be awarded liquidated damages of $1,000 — for a total of $2,000. In addition, FLSA violations can also tack on more penalties if you have been retaliated against (like getting fired) for reporting unlawful actions such as unpaid overtime.

Does your case qualify under FLSA?
The complexities of the FLSA are sometimes confusing. Here are some common questions and answers:
 
What is FLSA Status Exempt?
An employee that is properly classified as “exempt” does not qualify for overtime pay based on a the duties they perform and whether they are actually paid a salary. The exempt employee must meet both tests. Exempt employees are typically in administrative, professional, and executive roles. There are also exemptions for computer-related professionals and some outside sales workers that spend most of their time away from the office.
Who is covered under the FLSA?
As mentioned above, more than 143 million workers in the United States are covered. The Department of Labor, the federal agency that administers the FLSA, divides the coverage into Enterprise and Individual categories.
Enterprise: employees working for an organization or business that have at least 2 employees and have an annual dollar volume of sales or business of at least $500,000 or hospitals, businesses providing medical or nursing care for residents, schools and preschools, and government agencies.
This includes teachers and teaching assistants, medical assistants, people working in nursing homes, and more.
Individual: employees whose work is involved in interstate commerce — stated on the DOL website as “engaged in commerce or in the production of goods for commerce.” This can include factory workers, secretaries, or other workers where goods are produced for shipment outside of the state Or the employee is otherwise engaged in interstate commerce (such as processing orders or credit card charges for goods shipped across state lines).
[veo class=”veo-yt” string=”BdMZSxR1bnY”]
 
Taking Action for Employee Rights and FLSA Violations
Do you believe you have a qualifying case under FLSA? Wenzel Fenton Cabassa, P.A., has helped thousands of employees who have had their legal rights violated. We fight hard for justice and work diligently to hold employers accountable for FLSA violations. You may be not only able to get back thousands of dollars of unpaid wages, but you may also qualify for wage and hour violations penalties equal to the amount of your unpaid wages.
The Fair Labor Standards Act exists for your protection against harassment — and as a legal authority for your employer to provide you with a fair wage. If you believe you have been misclassified as exempt, denied the right to minimum wage, denied overtime for legitimate hours worked, or other areas covered by the FLSA, contact us for a free case evaluation.
Wenzel Fenton Cabassa, P.A. is a top law firm helping employees get the workplace justice they deserve. It is important to contact an experienced attorney as soon as possible if you believe you may have a case. There are statutes of limitations, and you could lose the right to receive unpaid wages and potential liquidated damages for FLSA violations if you do not take action in a timely manner to protect your rights.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Common Maternity Leave Violations in Pinellas County, FL
Employees who go on maternity leave have legal protection against discrimination. They have the right to be treated equally and fairly. There are common maternity leave violations in Pinellas County, Florida, that can cause significant difficulties to family life, careers, and financial stability. When employers decide to break the law, they should be held accountable.
At Wenzel Fenton Cabassa, P.A., we stand up for maternity leave rights, leading as legal advocates to help women and their families when employers violate the law.
Pinellas County Pregnancy Laws & Maternity Leave Rights
Even though employers are not mandated to give employees paid maternity leave, most workers have substantial maternity rights under federal and state law, which includes the right to take unpaid leave from their job. These pregnancy laws and maternity rights apply to Pinellas County workers and employees across the state.
Here are the laws you should be aware of that provide protections against common maternity leave violations in Pinellas County, Florida:
Family Medical Leave Act (FMLA) — eligible workers have the right to take up to 12 weeks per year of unpaid leave in total during pregnancy (for prenatal care or medical reasons) and after childbirth to recuperate and care for the baby. Parental leave is available for women and men and applies to biological children, adopted children, and foster children. Married parents working for the same employer may be limited to 12 weeks total combined per year.
Eligibility for FMLA: Employees must work for an employer with at least 50 employees in a 75-mile radius of their worksite for at least 20 weeks in the current or previous year. Employees must also have been at the employer for at least one year, working at least 1,250 hours during the previous year.
Pregnancy Discrimination Act of 1978 (PDA)— provides protection from discrimination against an employee in their terms of employment due to pregnancy, childbirth, or related conditions. The act also requires employers to treat you equally as they would someone with a temporary disability, such as providing reasonable accommodations in the workplace.
The Equal Pay Act of 1963 (EPA) — requires employers to pay females and males equally for the same work. In this context, employers cannot pay a female worker less because they think she may be pregnant or get pregnant.
The Florida Civil Rights Act of 1992 — this state law provides back up to federal laws, providing protections against workers against discrimination in the workplace. The act includes protections against discrimination based on national origin, race or color, sex, pregnancy, disability, religion, or familial status.
These laws are used in legal claims against employers for common maternity leave violations in Pinellas County, Florida.
Types of Maternity Leave Violations in Pinellas County
Workers who take maternity leave can face various types of violations. Here are some common violations of maternity leave rights:

Harassment – verbal or physical acts, derogatory statements or jokes, harassing emails, or other types of communications, including derogatory media, creating a hostile work environment.
Discrimination – treating an employee differently from other employees because they take maternity leave, such as reduction in pay, giving them additional duties not in the original job description, giving them difficult schedules other employees do not have, and not providing reasonable accommodations.
Demotion – demoting the employee to a lower position when they come back to work because they became pregnant and went on maternity leave.
Termination – firing someone when they take or when they come back from maternity leave.

Even with the federal and state laws in place, employers continue to commit these common maternity leave violations in Pinellas County. One of the main reasons they do this is because they feel they can do what they want without respect for their employees’ rights and without repercussion.
These violations of maternity leave rights can occur across any industry and any level of employment, from entry-level to senior managers. But it is important to know that there are things you can do about it.
What to Do If You Are Dealing with FMLA Discrimination or Retaliation
You have agency in this situation. Multiple actions can be taken if you are dealing with FMLA discrimination or retaliation. One of the first things you should do is detail what happened, including any dates, times, locations, and what occurred.
For example, if it was a one-time occurrence, where you came back from maternity leave and your boss fired you on the spot, document as much detail as you can of the conversation, including any other communications, such as emails, related to your termination.
When harassment occurs, this often happens on multiple occasions and in various forms. As best as you can, document what is going on. Save any communications and media, and write down what was said – by who, when, and where. The sooner you can do this, the better.
Additionally, gather related employee documentation such as FMLA paperwork, paycheck stubs, schedules, job descriptions, employee handbooks, related HR documents, and any other types of documentation that could be relevant to your case.
Do not give up if you feel you do not have enough documentation. There could be much more available than you know, and legal professionals in employment law and maternity leave rights can help.
Do not delay. Contact an FMLA attorney as soon as possible to discuss your case.
Benefits of Hiring a Pinellas County FMLA Attorney
It is highly advised to hire a Pinellas County FMLA attorney to get the best outcome for your case. FMLA attorneys have extensive experience in maternity leave rights and pregnancy discrimination, and they also are skilled in standing up to powerful employers who disregard federal and state laws.
At Wenzel Fenton Cabassa, P.A., we have a strong history of helping employees of Pinellas County when their rights have been violated. We are with you each step of the process and work aggressively to get a fair resolution to your case. Whether you may be looking to get your job back or need compensation for your employer’s egregious and unlawful behavior, we take the lead in fighting for your rights.
Contact us today to schedule a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Confused About Overtime Holiday Pay? Here’s What You Need to Know
The subject of overtime holiday pay for Florida workers can be confusing. Employees have many rights under the law, but there are certain limitations to be aware of when it comes to your paycheck. First, let’s discuss the basics.
Federal & State Law
The Department of Labor oversees the rights of employees in the workplace. The federal law, The Fair Labor Standards Act (FLSA) does not require employers to pay employees for time not worked, such as holidays or vacations. That’s considered an agreement of employment when the person is hired.
The State of Florida has the same policy and has no separate law requiring holiday or vacation leave. It’s an option/benefit that is agreed upon by the individual or perhaps a collective bargaining agreement.

The Important Details of Holiday Overtime Pay
Under the FLSA, if an employer does choose to offer holiday pay, they do not have to count that time toward the calculation of hours worked to determine whether you worked more than forty hours in a work week for purposes of calculating overtime pay.
For example, if your employer has a policy that employees are paid 8 hours of holiday pay for Christmas Eve, and you are called in to work and you work Christmas Eve — those 8 hours you are paid “holiday pay” do not count as additional hours worked for purposes of calculating your hours worked for the week but the hours you actually work do count toward calculating hours worked for overtime pay. So, if the fact you worked Christmas Eve brings you up to 40 hours that week, you will not receive overtime pay for that week. The 8 hours of “holiday pay” also reported on your paystub was extra but was not pay for hours worked. If, however, you actually worked 48 hours that week because you picked up and extra shift– on Christmas Eve- you will be owed overtime time pay for the 8 hours over 40 that you worked (and you will keep your holiday pay if the employer offers that additional benefit to employees at your regular rate of pay).
To boil it down to the basics, overtime holiday pay is only required by law if you actually worked more than 40 hours within the time frame of one week. If you have worked more than 40 hours in a week during Thanksgiving, Christmas, or other paid holidays and haven’t been paid appropriately (there are some restrictions), then you should consult with an overtime lawyer to see if you have a case.
 
Employee Rights Lawyers Help Recover Unpaid Overtime
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It is not uncommon for employers to try to get out of paying legitimate overtime. It happens in many industries including retail, hospitality, supply chain/shipping, and many more. Whether it is actual overtime holiday pay or overtime pay during any other time of the year, know that you have legal rights to get paid what you are owed — and deserve legal representation to hold your employer accountable.
At Wenzel Fenton Cabassa, P.A., our employment and labor law attorneys are experienced in wage and hour violations for employees. We tackle any workplace violation aggressively and with you, and your family, in mind.
Do you believe you’ve been denied wages you are entitled to for overtime holiday pay or overtime during other times of the year? We are experienced in recovering unpaid wages, as well as other employment law areas including protecting employees from workplace discrimination, wrongful termination, retaliation, hostile work environment and much more. Our dedicated attorneys understand how stressful unlawful activities in the workplace can be — and we’re here to help.
Contact us online today to set up a free confidential case evaluation. We have offices across Florida including Tampa, St. Petersburg, Sarasota, Orlando, Miami, and Jacksonville.
 
Other Overtime and FLSA articles:
5 FLSA Exemptions You Need to Know About
How to File an Unpaid Overtime Claim in Florida
9 Reasons to Hire an Employment Attorney to Recover Your Overtime Pay
How to Calculate Overtime Pay

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Constructive Discharge: Were You Forced to Quit Your Job?
While most people who leave a job voluntarily have little recourse, it’s not always the case. Sometimes, when you quit or resign, the circumstances leading up to that pivotal moment may justify a claim that you were “constructively discharged.”
Florida is an “employment at will” state, like nearly all the rest of the U.S., but there are times when forcing an employee to resign or quit is against the law.
Were you forced to quit your job because no reasonable person in your position would be able to continue to work under intolerable working conditions related to discrimination in the workplace, or other unlawful harassment in the workplace? This is known as constructive discharge and if you did quit because your work environment was intolerable, there are a few things you should know about your employment rights.
The History of Constructive Discharge
According to the Equal Employment Opportunity Commission (EEOC), “discriminatory practices…also include constructive discharge or forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay.”
Constructive discharge provides you with rights that are not normally available to employees who willingly leave their employer. The concept of constructive discharge originated as a means to deal with employers who were discouraging unionization of their labor force by making it difficult for their employees by creating intolerable working conditions. Now the concept applies to all employees, regardless of union affiliation.

Why Is Establishing Constructive Discharge Important?
Leaving your job voluntarily is different than getting fired because of discrimination because you cannot then show that your employer took an adverse action against you- you made the decision to quit but it is not that easy for the employer to avoid liability. In the case of constructive discharge, when you resign or leave due to intolerable working conditions, your resignation may be considered a termination in the eyes of the law. This means it may be “seen” through the same legal context as a discriminatory firing, which could make you eligible for unemployment benefits among other things. 
Examples of Constructive Discharge
Constructive discharge can take many shapes because “intolerable working conditions” for one person may not seem so for another. There is, of course, a “reasonable person” standard at play. It is also incumbent on the employee to prove the charge of constructive discharge against the employer. Here is an example of the type of perceived duress that would make staying in a position difficult:
A new mother who returns to work after leave is repeatedly told that she must work overtime every night even though this was never a requirement of her position before. Her manager now micromanages her work and assigns her things that need to be done by “end of day” thirty minutes before the day ends. She’s stressed out and unable to complete assignments. She is accused of being on the “mommy track” and not being dedicated to her career. She decides to quit for her own mental health.
While she wasn’t fired, she may still be seen as terminated under discriminatory practices.

What Is Not Grounds for Constructive Discharge
Constructive discharge is a claim that must be proved. In the case of Dent v. Davaco, Nicole Dent alleged constructive discharge based on how she believed her manager to be anti-pregnancy. He made comments about how when his wife was pregnant she was always at the doctor.
Constructive discharge does not cover things like feelings, mean looks, and other whisperings. To be considered a constructive discharge, the employer (or someone employed by the employer) must create intolerable working conditions. This often includes things like:

Demotions, forced retirement, or job responsibility removal without reason
Pay or hour decreases without justification
Reassignment to menial work
Consistent bullying or badgering, humiliation or harassment as in the case of a hostile work environment

While any of these (with the exception of the last one) could be necessary due to economic issues with the business, a constructive discharge claim asserts that these actions are not due to financial difficulties or part of a performance improvement plan (PIP). However, like most employment rights issues, even a PIP can be the basis for a constructive discharge if it is unwarranted by a lack of performance.  That is why it’s best to consult an employment attorney to find out if your choice to leave your job is an example of constructive discharge.
At Wenzel Fenton Cabassa, P.A., we protect employee rights and we can help you understand constructive discharge as it relates to your employment situation. Please access our free ebook on Wrongful Termination today or call us and schedule your free case evaluation.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Consumer Protection: New Proposed TRACED Act Designed to Stop Robocalls
Note: Our firm does not handle TCPA cases directly; we work with trusted attorneys who do. If you contact us about a TCPA matter, your case may be referred to another lawyer or law firm.
Are you sick and tired of getting inundated with robocalls? Consumer protection laws may soon become stronger if the new proposed TRACED Act passes. Illegal calls are an epidemic in the United States and changes to the TCPA would be a huge win for consumer rights.
What is the TCPA?
The Telephone Consumer Protection Act (TCPA) became law in 1991 and includes restrictions on:

Artificial or Prerecorded Voice Messages
Automated Dialing Systems
SMS Text Messages

It was meant to elevate consumer rights, but many companies ignore the law. Did you know that more than 5 billion robocalls were placed in October 2018? That is approximately 2,000 per second! Obviously, TCPA violations are rampant. That is where a consumer rights attorney comes in. They fight for the rights of consumers and hold TCPA abusers responsible for their actions. If the TRACED Act passes, TCPA text messages and phone call violations will have even more consequences.
What Would the TRACED Act Do?
The TRACED Act (The Telephone Robocall Abuse Criminal Enforcement and Deterrence Act) is a bipartisan piece of legislation proposed jointly by Massachusetts Senator Ed Markey, a Democrat, and Senator John Thune, a South Dakota Republican. It would strengthen the Federal Communications Commission (FCC) and other regulators’ ability to go after illegal robocallers.

Specifically, the TRACED Act would enhance current TCPA law by making civil forfeitures for intentional robocalling violations of the TCPA easier to obtain. It would also increase the amount of the fines. Current law allows for a minimum fine of $500 per violation.
If the TRACED Act passes, for a continuing intentional violation, the penalty would rise to up to three times the current amount — for each day of the continuing violation of TCPA law.
In addition, and this is very important for consumer rights, the legislation would also increase the amount of time that the FCC would have to take civil action. Its current time limit is only one year under current law, but it would increase to three years after a robocall is placed to take legal action.
WFC Advocates for Consumers — and Stands Up to Bullying Robocallers
Are you one of the millions of Americans that have been bullied by robocallers? If so, then you need a consumer rights attorney. Many people don’t know that much of the harassment they receive from abusive robocallers is illegal. As mentioned above, the current minimum penalty for TCPA violations is $500 per call. If you have directly told the company to stop calling you, and they continue to do so despite your notification to stop, every call is a violation and the penalty up to $1500 per call.
As the new proposed TRACED Act works its way through Congress, consumers should be diligent and keep track of any abuses TCPA regulations. Keep a log of calls. Save recordings. This will strengthen any potential case you may bring.
If the TRACED Act does pass, current laws will gain strength — giving consumers more time to file with the FCC and increasing TCPA penalties. But the current consumer rights laws on the books — and experienced consumer rights attorneys — exist to protect you and fight for your legal rights right now.
Don’t let robo-bullies get away with unlawful harassment in violation of TCPA law. At Wenzel Fenton Cabassa, P.A., our attorneys will tackle TCPA violations aggressively with you, and your family, in mind.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Coronavirus (COVID-19), the Workplace, and Employee Rights
As the coronavirus (COVID-19) global pandemic continues to increase around the world, employees everywhere are rightfully concerned about how it affects the workplace. The health and safety risk to workers is at an unprecedented level. Dynamics around workers’ rights and legal issues are complex, and many questions have been raised about what the pandemic of the coronavirus (COVID-19) means now and into the future.
Coronavirus (COVID-19) Facts
According to the Centers for Disease Control and Prevention (CDC), “Coronavirus disease 2019 (COVID-19) is a respiratory illness that can spread from person to person. The virus that causes COVID-19 is a novel coronavirus that was first identified during an investigation into an outbreak in Wuhan, China.”
The disease spreads primarily through respiratory droplets when an infected person coughs or sneezes when people are in close contact with each other (within about 6 feet). The CDC also reports that it may be possible to contract the virus by touching a surface that has the virus on it, then touching your own mouth, nose, or eyes.
Symptoms of COVID-19 are mild to severe respiratory symptoms that include fever, cough, and shortness of breath. Severe complications include pneumonia in both lungs, multi-organ failure, and in some cases, death.
For information on prevention techniques and other comprehensive facts and recommendations regarding the disease, visit the CDC’s website.
Coronavirus (COVID-19) Effects on the Workplace
Employers have a general duty to protect the health and safety of their employees in the workplace. This is mandated by federal law, the Occupational Safety and Health Act (OSHA), as well as state laws. Healthcare workers are the most at-risk employees, but other workers, such as hospitality and retail, have high-risk positions as well, while employees across all industries are vulnerable to the disease.
Communication of Recommendations to Minimize Risk at Work is Vital
Employers need to keep their employees informed of the latest recommendations from both the CDC as well as state and local government officials. These vary in cities and counties across the state of Florida, as well as the rest of the United States. Some are more restrictive than others.
Some of the measures that are being incorporated to limit risk to employees at work include:

Encouraging teleworking
Prohibiting business travel to areas of significant outbreak
Prohibiting all non-essential business travel
Instituting temporary office closures and large-scale remote working in areas of significant outbreak
Providing hand sanitizer and increasing cleaning procedures
Offering Personal Protective Equipment (PPE) such as gloves and masks

Healthcare workers are certainly of utmost priority to protect, particularly regarding PPE. Other recommendations will continue to develop and evolve as the crisis unfolds.
Shutdowns and Employee Rights
 
In the case of a temporary shutdown of a facility/workplace, there are federal and state worker notification statutes that exist to protect employee rights. The federal Worker Adjustment Retraining Notification Act (WARN Act) applies to employers with 100 or more employees to give a 60-day notice (with certain stipulations).
However, the WARN Act does not apply to “natural disasters” or “unforeseeable business circumstances.” Pandemics are not included in the language of the WARN Act, but employers should try to give as much notice as possible if they foresee a shutdown.
On Discrimination at Work
 
Employees in Florida and across the United States are protected from discrimination at work with various federal and state laws. That being said, if employers follow official guidelines, they can impose reasonable, fact-based restrictions if there is a direct threat to the health and safety of others, including restrictions on travel to or from certain countries.
Leave and Pay Issues
 
The financial impact of COVID-19 is going to be monumental for employers and employees across the state of Florida and around the globe. The Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and state workers’ compensation laws will apply during the pandemic.
Applications for unemployment are already on the rise at a significant pace and are projected to continue to do so, at least in the near future. Transparency in communications in what the definitions of the employers’ roles and what the employees’ roles are are vital in ensuring the processes are effective, and people who are laid off get paid what they are due under the employment laws.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Coronavirus & Workplace Rights: What Can Your Boss Legally Require You To Do?
Understanding Employee Rights During the COVID-19 Pandemic
The coronavirus has upended life as we know it. That includes the workplace. In this stressful and confusing time, it may be challenging to understand what your boss can legally require you to do. As attorneys that specialize in employee rights, Wenzel Fenton Cabassa, P.A., is here to keep you updated with the latest information to help you through the coronavirus pandemic.
 
Workplace Rights and Telecommuting
With person to person spread of coronavirus, more people are working from home than ever before to reduce the risk of exposure. But there are questions that many workers have about employee rights regarding telecommuting.

“Do I have the legal right to work from home?”
Generally speaking, no. Workers are not guaranteed rights under employment law to be able to telecommute. Employers do not have an obligation to offer you this option. That being said, there is an exception to this — they still have to follow the parameters of the Americans with Disabilities Act (ADA). If an employee has qualified to work from home under the ADA, the employer must be in compliance with the law.
In addition, if there is a government-mandated quarantine, an employer may have more of a legal burden to allow telecommuting, if possible, during the coronavirus pandemic.
“Do I have to work from home if my boss tells me to even though I believe I am healthy and not at risk?”
As long as their actions are not determined to be discriminatory, employers do have the right to insist you work from home if that becomes their policy. Discrimination in the workplace is against the law. There are some specifics here that employees should be aware of regarding workplace rights. An employer could require people who have recently traveled to countries with large outbreaks such as China, Italy, and Iran to work from home for a certain period of time without violating employee rights against workplace discrimination.
Employers must also follow workers’ rights under the Age Discrimination in Employment Act (ADEA). They cannot insist that employees over 70 work from home, but it is always important for older workers to consider any risk factors they may personally have that could make them more vulnerable to the coronavirus.
 
Vacations and Traveling

Many employees get a package of benefits that includes paid time off for taking vacations and traveling. Here are some common questions related to this subject during the coronavirus pandemic:
“Does my employer have the right to make me work when I have a previously scheduled and approved vacation?”
The short answer is yes — with just a few exceptions. For the most part, even though you are given vacation time, employers are not federally mandated to provide it to you. In some cases, employers are having a shortage of workers and are requesting (or demanding) people cancel their vacations and come to work. Unless you are part of a union or another employment contract that protects your legal right to a vacation, it is not part of your employee rights to get that time off.
Understandably, this is not necessarily good for morale, and most employers will not take this step unless it is an emergency. Also, if they do ask you to cancel travel plans, they are not legally required to reimburse you for the expenses — but it is appropriate to make a request.
“Is it legal for my employer to tell me to cancel my travel plans or limit where I go?” 
Your workplace/boss cannot control what you do with your personal time. They can communicate recommendations, such as limiting travel to high-risk areas where the coronavirus is prevalent and following any government-mandated guidelines. This also includes local travel, such as to churches and the grocery store. Workers should follow the guidance of leading scientific institutions such as the Centers for Disease Control & Prevention (CDC) for personal travel and public activities. This is highly recommended during public health crises such as the coronavirus.
 
In the Workplace
From safety to liability, there are issues surrounding employee rights on the job that is on the minds of many Americans.
“Am I legally protected if I say I won’t work in close contact with the public?”
There are laws in place that protect workers from retaliation by their employers if they have a complaint about safety. With so many types of jobs where you work with customers, from restaurants to retail and more, it is reasonable to be concerned about safety during a public health crisis. You are protected under the law if you make a complaint about workplace safety.
During the coronavirus pandemic, many employers are making reasonable efforts to protect their employees with disinfecting procedures and personal protective equipment (PPE). Making these efforts may offer them some legal protections under the law at this time when it comes to requiring an employee to work with customers.
“Can I be required to travel for my work?”
With many states having “at-will” employment, a lot of employers have the right to fire people for any reason that is not illegal. That can include making people travel for work. However, during the coronavirus pandemic, much effort is being focused on getting tasks completed virtually, using online platforms for business meetings. It is recommended that employees communicate with their employers if they are concerned about traveling for work to find a virtual solution, if possible. Currently, there are ongoing legal conversations about the inherent issues of safety, travel, and employee rights. Depending on the circumstances, it could be illegal for employers to require employees to travel to unsafe locations in a global health crisis such as coronavirus.
 
Wenzel Fenton Cabassa, P.A. — Employee Rights Attorneys
Throughout the coronavirus pandemic, Wenzel Fenton Cabassa, P.A., are employee rights attorneys that care deeply about Florida workers and strive to give you the information you need for you and your family. We are here for you during these difficult times.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Coronavirus & Wrongful Termination in Florida
Have you been fired during the pandemic? You may be able to file a coronavirus wrongful termination lawsuit.
Even though Florida is an “at-will” state, which means that employers can fire you for any (legal) reason, you still have protections against unlawful termination during the pandemic.
What Employees Need to Know About Coronavirus & Wrongful Dismissal
The pandemic has wreaked havoc on the workplace. Many employees have been fired, which can cause severe consequences to employees and their families.
Certain circumstances could amount to unlawful firing. Employees dealing with wrongful termination because of COVID-19 are protected under various laws and have the legal right to seek recourse against their employer. If you are considering suing for wrongful termination, it is important to understand the types of situations that would be appropriate for a case.
Examples of Coronavirus Wrongful Termination

Fired While Taking FMLA — When employees need to take off work due to reasons related to the coronavirus, they may be eligible to take leave under the Family & Medical Leave Act (FMLA). This could be due to having to take care of a family member that has COVID-19. If you follow the correct processes and don’t go over the time limit, typically 12 weeks, you should be protected against getting fired. This also includes protections under federal and state law against getting fired just for placing the request for FMLA.

Fired for Complaining About Unsafe Working Conditions — The Occupational Safety and Health (OSH) Act protects workers from unlawful termination due to reporting or complaining about lack of PPE and/or other safe working conditions. These are frequently recognized as “whistleblower” statutes. If you have been fired under these circumstances, your best legal option moving forward could be to file a retaliation or whistleblower complaint with OSHA or a lawsuit.

Fired Due to Refusing to Work — If you have refused to work due to the risk of contracting COVID-19, you may also be protected by the OSH Act. But certain steps must be taken when refusing to work under dangerous conditions to be legally protected against getting fired. (1) You have a reasonable belief there is an imminent threat of serious physical harm/death (2) You take action in notifying the employer about the situation/hazard (3) The situation/hazard is not fixed by the employer (4) OSHA does not have time to inspect due to the urgency of the hazard.

Fired for Requesting a COVID-19 related ADA accommodation — The Americans With Disabilities Act (ADA) and its state law counterparts allows for reasonable accommodations at work for employees suffering from a disability. The parameters of the ADA may also allow you to work from home due to a medical condition that makes you highly vulnerable to becoming seriously ill from COVID-19. The ADA has allowances for this if it does not interfere with your ability to perform your work or cause undue hardship on the employer. It is advisable to consult with an employee rights attorney to determine if you qualify for protections under applicable disablity laws.

Fired for Filing a Workers’ Compensation Claim —Whether you end up receiving benefits for COVID-19 via a workers’ comp claim -or not – you are protected under state laws against unlawful firing for filing a claim.

Fired for Refusing to Go To Work During Stay-at-Home Emergency Orders — Employees are protected from getting fired for following federal, state, and local laws detailing emergency orders to stay at home during the COVID-19 pandemic. If you (or a group of coworkers) were fired after not going to work during a mandated emergency lockdown, consult with an attorney.

These examples above are certain situations that could be appropriate for a case of coronavirus wrongful termination. Due to the unprecedented legal issues that are arising during the pandemic, other situations where employees are covered by federal and/or state law may be considered wrongful termination because of COVID-19.
Wenzel, Fenton, Cabassa, P.A. – Florida Employee Rights Lawyers
The coronavirus pandemic has hurt workers and their families in so many ways. From direct health effects to unlawful termination, Florida families have suffered so much. We are here to help employees have a better future.
The law firm of Wenzel Fenton Cabassa, P.A. has experienced, determined, and effective attorneys that fight hard for Florida employees and their families. We understand the multiple negative impacts that occur when someone has been the subject of wrongful termination — and know what it takes to hold powerful employers who violate the law accountable.
We offer free, confidential case evaluations and have offices across Florida in Tampa, St. Petersburg, Orlando, Sarasota, Miami, Jacksonville, and West Palm Beach.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Cuomo Takes on Wage Theft
New York Governor Andrew Cuomo is making waves in nail salons throughout the Empire State by creating a multi-task force to investigate allegations of wage theft and unhealthy working conditions at nail salons.
The War Against Unhealthy and Underpaid Working Conditions
Nail salons are notorious for the noxious chemicals they use and workers are exposed to them throughout the day. For many of the nail salon employees, English is a second language, making it an obstacle to get the wages they deserve and maintain a healthy working environment. Because of this, Governor Cuomo is instituting a six-language education program to make employees aware of their rights.
The New York Times recently ran an investigation into nail salons in New York where it found “wide exploitation of manicurists.” Cuomo stated that salons that do not comply with the new order by paying back wages or not being licensed will be shut down. Cuomo said, “New York state has a long history of confronting wage theft and unfair labor practices head on, and today, with the formation of this new Enforcement Task Force, we are aggressively following in that tradition.” He added, “We will not stand idly by as workers are deprived of their hard-earned wages and robbed of their most basic rights.”
These positions are often held by recently naturalized citizens who don’t have a full understanding of the rights of workers in America. They’ve experienced subpar working conditions, at best, and don’t question their new working conditions since it appears to be a “step up”. And since they’re probably receiving a higher income than they’re accustomed to receiving, they don’t tend to question what is considered below average wage.
Salons now must post information about workers’ rights and fair wages, such as notifying them that it is illegal to work without receiving wages or receiving compensation for a job. Nail technicians often have to “rent” space from their employers, which is not legal. These signs will be in multiple languages including the most common for the industry — Korean, Chinese and Spanish.
Salons will now be required to be bonded so that employees can be paid. Many salon owners being investigated for wage theft hide their assets. This change will ensure payment to the employees even when funds cannot be found.
What Can I Do If My Employer Is Withholding My Wages?
Employers often take advantage of employees if they believe they won’t speak up. The newness of the country, the language barrier, and the lack of understanding of the laws we have in place often keep them from coming forward. Don’t let this happen to you. If you feel there have been wages withheld unfairly or your employer is not adhering to the labor laws posted at your place of work, seek legal counsel to decide on next steps.
Like Cuomo, the employment attorneys at Wenzel Fenton Cabassa, P.A. are fighting hard for the rights of employees. Contact us today.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Darden Restaurants Settles Age Discrimination Lawsuit
Discrimination can take many forms today in the workplace. Employers are still motivated by the age of an employee when making employment decisions in spite of decades of well-settled law and the numerous regulations set forth by the EEOC, the federal agency charged with enforcement of the age discrimination act. Some institutions actively seek out younger individuals, as they have misconceived notions about older people not being as energetic and effective in their assigned roles.
Recently, Darden Restaurants has made headlines for discriminating against applicants based on their age. Although they claim no wrongdoing, it was alleged their hiring managers used illegal practices to avoid hiring applicants referred to as “old white guys”. The EEOC has stated that they have settled the lawsuit, after three years of litigation, in the amount of $2.85 million and will require all hiring managers to take new training for non-discriminatory hiring practices.
If you’re dealing with the same type of unfair treatment at work, there are several ways you can prove it for a potential lawsuit.

4 Ways to Prove an Age Discrimination Case

Direct Comments

The easiest way to establish an age discrimination case is when your employer or potential employer makes a direct comment about your age. Even when they’re joking, these comments can be hurtful and are illegal. Whether you are on the job or applying for one, such comments should never be tolerated.
If this happens, you need to write down the exact words and phrases that were said. Also note the date, who said it, and any witnesses that may have heard the comments. The information you gather can be used as tangible evidence in court, should you file an age discrimination suit against your employer or manager.

Exclusion

Being verbally attacked isn’t the only form of age discrimination. In fact, leaving you out of specific work activities, such as meetings and events, can be considered to be a form of discrimination, if based on your age.
However, exclusion based on age is harder to prove than direct comments. You will need to show you were left out of the events, not due to your job performance, but rather because you were being discriminated against. Again, just as with any form of discrimination, take notes detailing the facts which you believe support a claim of discrimination. If you believe you were left out, ask your direct supervisor why and jot down the response. If reasons you are given are not valid (or just seem to be made up out of thin air), you need to consider hiring an Employment Lawyer.

Promotion Denials

One of the best feelings at work is being promoted to a new position. Not only does it lead to more responsibilities, but it could also result in a significant pay bump. If you have yet to receive a promotion, even though you’ve been with that particular company for many years and your performance has been nothing but stellar, unlawful practices may be the culprit.
Even today, age discrimination is alive and well. When companies engage in these types of practices, you deserve justice. As long as you collect enough evidence, an age discrimination attorney can help you build a case and help you recover compensation for the injustice that was done.

Denied Employment

The applicants at Darden Restaurants were allegedly denied employment based on their age. How were they able to reach a settlement? By proving they were qualified for the job and providing evidence they experienced some form of harassment or discrimination during the hiring process. Documenting your experience is crucial to proving your case.
If you’ve applied to a job, were denied employment and believe you have a case, it’s important to not only have documentation available but to speak to a reputable Labor Law attorney who can ensure you have what is needed to prove your case.
The employee rights attorneys of Wenzel Fenton Cabassa, P.A. have helped thousands of employees fight back against discrimination in the workplace. If you need to speak to an attorney to represent your case, contact us today to schedule your confidential case evaluation. We have locations in Tampa, St. Petersburg, Sarasota, Jacksonville, Miami, and Orlando to better serve you.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Dealing with a Deceptive Employer
For most of us, we spend more waking hours at work than anywhere else. That makes it extremely difficult when dealing with someone unethical on the job. But what do you do when that someone pays your paycheck?
Common Types of Workplace Deception
To better understand your options, it’s important to categorize the nature of the deception. Not all deceptive employment practices are large Hollywood movie whistleblowing types. Some are small wage discrepancies that benefit the employer at the price of the employee.
Deceptive Wage Practices
Some employers misclassify workers and exempt employees (hourly versus salary) to save from paying overtime. These practices are not only deceptive, they’re illegal. Other common illegal wage practices include:

Unpaid or undocumented overtime
Under-the-table pay
Keeping fraudulent business records and employee work hour records
Refusing to pay final wages
Requiring employees to work excess hours with or without pay
Refusing to give employees breaks

Deceptive Recruiting
Another area in which some employers deceive employees is in the recruiting process. If your employer offered you a position or lead you to believe working conditions would be different than what they currently are, you might have the grounds for a workplace deception claim.
Defamation
While Florida is an at-will state and allows employers to fire someone for little or no cause, they cannot defame an employee during or after the firing process. This is true in awhistleblowing situation (although may not hold up in a whistleblowing case that was proven to be false, depending on the state) as well as ordinary termination cases.
If an employer’s actions or words made it difficult for you to obtain future employment, you may have a defamation case. To prove defamation employees need to produce:

a false statement made by the employer about said employee
proof the falsehood was knowingly shared with a third party or the information was leaked due to negligence on behalf of the employer
proof the false information harmed the employee’s ability to secure future employment

Fraud
Fraud covers a large area of deceptive practices. An employee could’ve been hired under fraudulent premises, as above, or terminated because if them. There’s also fraud of a larger context – defrauding investors or customers.
If you have witnessed fraudulent activity at your workplace, you will be expected to show intent to mislead, knowledge of deception, and that the employee(s) suffered damages due to their reliance on the employer’s fraudulent information or misrepresentation.
Documentation
Since a large amount of evidence and documentation is required to prove these claims, if you believe your employer is acting deceptively, your first step is to document the fraud. Documentation can include emails, recorded conversations (dependent on the laws in your state), texts, corporate documents, photos, notes on conversations and more. Each piece of information should be dated and the names of those involved listed.
If you feel you’ve been deceived or defamed by your employer or former employer, or your employer is conducting deceptive wage practices or fraud, contact Wenzel, Fenton, Cabassa P.A. today to schedule your free case evaluation.
 
 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Defying Deficits: A New Minimum Wage in the Age of Unemployment
As the annual unemployment rate modestly decreases (down .7 percent from 2012), workers have come to expect paybacks in the form of post-recession employment. Enter: “The New Minimum Wage” and the debate over its latent impact on joblessness.
Could an increase in pay lead to an upsurge in unemployment? Some economists still express concerns over minimum wage ripples that could rock American businesses and overall job creation.
However, there is a correlation gap between a minimum wage increase and its effects on unemployment – and it may be larger than many legislators might suggest. A minimum wage hike would more likely bring immediate financial relief for many middle class workers while acting as an economic stimulus for future generations.
Real Wages and Joblessness
The impact of wage change on unemployment rates is most frequently measured using the Phillips curve, which often suggested the correlation between a wage increase and joblessness among the workforce. However, it was later determined more effective to examine “real wages” rather than a flat wage increase when determining pay influence on unemployment.
A real wage, minimum or not, represents inflation-adjusted income and its impression on the values of goods and services. It is the relationship of real wages and their market worth that points exactly to how businesses compensate for minimum wage increases: by adjusting consumer prices.
A modern examination of a 10 percent minimum wage increase revealed that consumer goods prices rose by .4 percent during the hike – just enough for employers to compensate for the pay change without reducing the workforce.
It’s important to note that joblessness related to a required wage increase typically occurs when a company cannot financially accommodate the new minimum wage based on its current business model, which is often unlikely to occur.
The Impact of Wage Increases on American Businesses
There are a number of proposed ways American businesses can adapt to a minimum wage increase, including cutting the pay of high-salary workers or reducing the hours of low-income workers. The shock to employers is often minimal.
The Congressional Budget Office (CBO) disagrees, according to a report by the Washington Post. The CBO believes a federally mandated minimum wage of just $10.10 ($2.85 increase) could lead to layoffs, as well as reduced hiring. Although, the organization does note that the majority of workers would benefit from the increase – meaning most companies would need to make minor employment adjustments at worst.
In fact, many economists often downplay the positive effects of a minimum wage increase on businesses – among them: improved worker productivity. A new minimum wage – often a modest monetary increment for the top U.S. companies that employ low-wage workers – is a chance for many citizens to move beyond poverty. It is a value that returns trust to corporations, in turn, inspiring renewed work ethic in many underpaid laborers.
Why Renegotiate The Minimum Wage?
A new minimum wage generally benefits an entry-level workforce, including young workers and the poor. As the cost of college tuition rises, a manageable minimum wage supports postgraduates, as well as those who cannot afford education; both demographics are vital to a healthy economy. It is more likely that an increase in the minimum wage would help support their employment and economic impact on services and goods, not hinder it.
Currently, labor laws vary by state. While the federal minimum wage increase is on the table, many legislators are hard at work introducing regulations by state. If your employer violated your state’s minimum wage requirements during your employment term, then you may be entitled to compensation for lost income. Contact Wenzel, Fenton, Cabassa P.A. today for a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Department of Labor Increased FMLA Enforcement to Come
Some victims of FMLA violations just want their jobs back. The Department of Labor has taken an offensive stance to combat Family Medical Leave Act violations. in addition to having the right to file a private lawsuit to challenge violations of the FMLA, employees have more leverage to seek and negotiate for relief in addition to monetary damages. The DOL (Department of Labor) is increasing the number of cases it handles on its own, and thus sending a clear message to employers that the FMLA offers a broad range of remedies which the private employee as well the DOL may seek.
The effort to increase FMLA enforcement is an attempt to follow suit with the Equal Employment Opportunity Commission (EEOC). Just last year in 2015 the EEOC initiated over 42 percent of discrimination investigations to set a record high. The EEOC found cause to believe a violation of the law occured in 79 percent of these wage and hour lawsuits, and on average, $8,900 in back wages was recovered for victims of discrimination. The Department of Labor plans to begin investigating more aggressively to improve overall enforcement of FMLA.
FMLA enforcement should focus on three main objectives:

Reinstatement of employees terminated for taking FMLA leave
Recovering back pay wages for FMLA violations
Preventing FMLA violations

Getting Your Job Back After FMLA Retaliation
In a recent FMLA case, a worker at the La Mirage Hotel and Casino in Las Vegas, Nevada was fired after exercising his right to medical leave. The former banquet server was reinstated as the investigation was pending, because an employee cannot be fired for taking approved FMLA leave.
The Department of Labor concluded reinstatement was not sufficient, and this was not near enough a “fair bargain” for the victim of wrongful termination (retaliation) when taking FMLA leave. Ultimately the employee received back pay for the year he did not work following his termination, full credit for his retirement plan for the hours worked, and health care. The backpay and damages that were finally paid by La Mirage to the employee amounted to about $74,000.
HR Professionals as “Employers” Under FMLA
The new enforcement initiative also underscores a whole new set of issues which should be of significant concern to employers. Specifically, HR professionals can be held personally liable for violations in FMLA enforcement (Graziadio v. Culinary Institute of America, Second Court of Appeals). Personal liability may attach to HR professionals who have significant power over employees, including the power to both hire and fire employees, set the rate of pay, control and supervise work, and maintain employee records.
The Family & Medical Leave Act is a regulation that allows full-time employees of companies with more than 50 employees to take various types of medical related leave such as sick leave for serious medical conditions and surgeries, maternity leave for care of a newborn or newly adopted child, family medical care such as taking care of parents, children, and spouse, and/or pregnancy leave when working becomes a health risk.
Do you need help recovering back wages or fighting wrongful termination after taking approved FMLA leave?
There’s a possibility you could get your job back. The best thing you can do is speak to an experienced employment rights attorney immediately to recover unpaid wages and damages. Contact the employee rights attorneys at Wenzel Fenton Cabassa, P.A., for a free case evaluation today.
Want to learn more about FMLA? Download our free eBook below.

SOURCES:
Department of Labor Initiating More FMLA Enforcement
Second Circuit Court Holds HR Professionals Liable Under FMLA

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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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.
Generally these actions are undertaken as a cost-cutting exercise that seems harmless at first, but in the long run they can end up costing the company much more when it is ordered to pay back the wages as in the case of Papa John’s franchisee, Emstar Pizza, Inc., in New York City.
Unfair Practice #1: Splitting Time and Rounding
Emstar Pizza, Inc. owns seven Papa John’s locations in Queens and Brooklyn. They were recently ordered to pay $789,507.06 in unpaid wages and other costs. In a statement issued by the New York State’s attorney general Eric Schneiderman their violations were described as follows: “This Papa John’s franchisee brazenly violated the law, shaving employees’ hours and avoiding paying overtime by various means, including giving managerial sounding titles such as ‘head driver.’”
This decision came after an earlier probe by the office into unfair overtime practices. The franchise would often split employees’ work weeks between stores, 20 hours at one location, 30 hours at another. Since they were technically different companies, at least in the way they reported hours, violations went unchecked initially. It was also found that the franchisee owner rounded down to the nearest whole hour on employees’ paychecks.
Hundreds of employees were ripped off in this way over a six-year period. According to Mr. Schneiderman, the owner of Emstar Pizza, Inc., also tried to sell the stores to get out from under the trouble with the state.
The New York Attorney General’s Office is considering going after Papa John’s corporate entity due to its franchisee’s egregious behavior.
Is a Corporate Entity Guilty of a Franchisee’s Mismanagement?
It’s difficult to say. On the one hand, all Papa John’s franchisees must send employee shift records to corporate headquarters so the information was available to the parent company.
In the past, blaming a parent company for franchisee’s mismanagement was without precedent but the National Labor Relations Board in December of 2014, held McDonald’s Corp. responsible for discrimination at one of its franchises in Virginia.
Whether Schneiderman and the State of New York will use that precedent to hold Papa John’s corporate accountable is still being debated but the second violation certainly makes it more plausible.
If you believe your company owes you unpaid wages, your job position is wrongly classified, or you question your employer’s overtime calculations, consult an employment attorney who can help you receive what’s owed to you. Contact Wenzel Fenton Cabassa, P.A., today for a free case evaluation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Disability Discrimination in the Workplace: Your Rights Under Florida Law
Employees are protected against disability discrimination in the workplace under Florida disability laws. Workers have the right to be treated equally and fairly, and employers should be held accountable for violating the law.
Do you know your workplace rights?
WHAT IS DISABILITY DISCRIMINATION IN THE WORKPLACE
Disability discrimination occurs when people are treated differently at work because of a disability or a perceived disability. This includes all aspects of employment, such as wages, raises, promotions, health insurance.
The Florida Civil Rights Act prohibits employment practices that discriminate against someone with a disability. This Act does not have a direct definition of the term disability, but the federal law, the Americans with Disabilities Act (ADA), defines the term as:

A physical or mental impairment that substantially limits one or more major life activities
Having a record (history) of such an impairment
Being regarded by others (in this case, the employer) as having an impairment

When there is a case of disability discrimination in the workplace, employee rights lawyers will typically use the definition of a disability utilized by the ADA when negotiating with employers or going to court.
Who is Considered Disabled Under the Law? 
A person who meets the parameters defined by the ADA would be considered disabled in Florida. State courts and Florida ADA laws utilize these federal guidelines and the overall protections of the Florida Civil Rights Act to protect workers from disability discrimination in the workplace.
EXAMPLES OF DISABILITY DISCRIMINATION IN THE WORKPLACE
A wide variety of actions can occur that could be considered disability discrimination. Some examples include:

Not giving a disabled employee a promotion even though they were the most qualified and able to perform duties required for the job
Paying an employee a lower wage than others who do not have a disability that is performing the same job
Harassing an employee based on their disability.
Asking a job applicant about their current or past medical conditions
Requiring a job applicant to take a medical exam for hiring/employment purposes
Having or establishing a workplace environment that creates substantial physical barriers that infringe on the movement of people with physical disabilities
Refusing to provide reasonable accommodations in the workplace for employees with a mental or physical disability that would allow them to work
Retaliating against an employee because they asked for reasonable accommodation in the workplace (such as a demotion, termination, or assigning additional duty assignments that were not part of the job description)
Refusing to offer an employee health care coverage due to a disability when health care coverage is offered to other employees

These are particular examples of what could be considered disability discrimination in the workplace. They may not be fully comprehensive. Each situation is different. If you believe your workplace rights have been violated, consulting with an employment lawyer is essential.
Federal Disability Discrimination Laws
Disability discrimination in Florida should never be tolerated. With solid protections passed into law by the US government, employers can and should be held accountable for their illegal actions. Here are the federal laws that protect workers with disabilities.
Americans with Disabilities Act (ADA) of 1990
The ADA is the primary federal law utilized in disability discrimination in workplace cases. Under the ADA, it is illegal for state and local governments, private employers, labor unions, and employment agencies to discriminate against qualified individuals with disabilities during the hiring process and employment. This includes job application procedures, hiring, firing, advancement, compensation, job training, and other work areas.
The Rehabilitation Act of 1973
This precursor to the ADA focuses specifically on federal employment and programs. Specifically, The Rehabilitation Act makes it illegal to discriminate based on disability in national work, employment practices of federal contractors, programs conducted by federal agencies, and programs receiving federal financial assistance.
Wide-ranging federal legislation exists to protect individuals against disability discrimination in the workplace and across multiple aspects of life.
Florida ADA Laws
In Florida, the ADA works in conjunction with the Florida Civil Rights Act to protect workers with disabilities across the state. Florida Statutes, Section 760 prohibits employers from discriminating against employees based on a physical or mental disability.
Florida laws and federal legislation also cover the right to reasonable accommodations in the workplace, including work structure, physical configurations, job duties, routines, or work rules. Related laws include coverage under FMLA for up to 12 weeks off per year for certain health conditions and those targeting special education rights, housing and accessibility rights, disability benefits, and service animals.
WHAT DOES THE FLORIDA CIVIL RIGHTS ACT COVER?
The Florida Civil Rights Act (FCRA) of 1992 prohibits discrimination against employees based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.
The FCRA covers workers employed with private and public employers with fifteen or more employees. This includes all levels of positions and many types of jobs and industries. While small employers with fewer than fifteen employees are not covered under the Act, and County and City Ordinances may apply to smaller employers.
In 2022, House Bill 7 2022 (HB 7) was passed by the Florida Legislature and signed by the Governor, taking into effect July 1, 2022. It amends the FCRA and the Florida Educational Equity Act and has the stated purpose of protecting individual freedoms and preventing discrimination in the workplace and public schools.
Regarding Florida workers, HB 7 provides specific details and limitations on language and concepts in training, instruction, certification, licensing, conditions of employment, or other required employment activities. This would primarily affect diversity or unconscious bias training.
Note: The updates to FCRA from HB 7 do not include language referring to disability. However, they focus on race, color, sex, or national origin in the context of discrimination in the workplace.
HOW DO YOU PROVE DISABILITY DISCRIMINATION? 
An experienced and skilled employment law attorney will leverage the power of Florida disability laws and the ADA to prove a case of disability discrimination. First, the employee must meet the definition of having a disability as described by law. Then, the following steps will depend on your case. Have you been harassed at work due to a disability? Were you refused “reasonable accommodations,” such as a change in the work environment, that would not place an undue burden on a business?
Gathering and preserving relevant documentation relevant to a case of disability discrimination in the workplace is vital. This can include emails, memos, employment documentation, offensive images/photos/texts, requests for medical exams during the hiring process, or other types of records/recordings/documentation. Dates/times/details of what happened are also very helpful in proving disability discrimination.
Do not worry if you feel you need more documentation. You may have more than you think, and employee rights attorneys are skilled at working with documentation and building strong cases.
Varying strategies, including proving a hostile work environment, can be utilized to significant effect by your workplace rights attorney. Once the attorney thoroughly analyzes the details of what happened, they will determine the best strategy to hold your employer accountable.
WHAT ARE SOME OF THE TYPICAL REMEDIES TO A CASE OF DISABILITY DISCRIMINATION IN THE WORKPLACE?
When you have a dedicated workplace rights attorney on your side, they will work diligently throughout every step of the case for you. Some of the typical remedies to a claim of disability discrimination include:

Reinstatement to your job with all pay and benefits
Compensatory damages
Back pay from termination to the settlement or verdict
Other compensation, including emotional or punitive damages

When dealing with disability discrimination in the workplace, having an experienced and skilled employee rights attorney is key to getting the best outcome in your case.
How to File Disability Discrimination Case
Typically, the first step in disability discrimination cases is to file a complaint with the Equal Employment Opportunity Commission (EEOC). This is the federal agency that administers and works to resolve discrimination cases. The complaint (also known as a “charge of discrimination”) should include specific information, including:

Employee’s name, address, date of birth, and phone number
Company name, number of employees, address, and phone number
Type of discrimination
When the discrimination began and last occurred

Additional information that should also be included to build a strong case:

Job duties and work history with the employer
The harm that occurred as a result of the employer’s actions
Any witnesses of the incident(s)
Evidence of how your co-workers (who are not disabled) were treated better/differently than you
Why the employer said they took the actions against you (ex: refusing to make accommodations, demoting or firing you, harassing you, etc.)
Any other evidence that would serve to strengthen the case against your employer

Your disability discrimination attorney can help ensure that the EEOC claim includes the appropriate information, is comprehensive, and explains the situation clearly and convincingly.
Once the claim is filed, the EEOC will evaluate your case. You will be notified if they decide it is appropriate to move forward. EEOC mediation is often the next step. The EEOC mediation process is utilized to resolve disputes, where employers and employees conduct negotiations to decide on an outcome to a claim of discrimination. Your attorney works to speed up the mediation process and maximize your recovery at the mediation.
If necessary, your employee rights lawyer will fight for you in a court of law. Your employer will have their attorney, and you deserve legal representation to advocate for your rights to a safe and just workplace – whether in mediation or in court.
CONTACT A FLORIDA EMPLOYEE RIGHTS LAWYER TODAY
Contact an employee rights lawyer today if you have been discriminated against at the workplace due to a disability.
Wenzel Fenton Cabassa, P.A. handles Florida disability discrimination cases. We fight aggressively for our clients to hold employers who violate the ADA and Florida disability laws accountable for their actions.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Disability Discrimination: More Common Than You Think
It is hard to believe in this age that people would discriminate against people with disabilities, but it happens more often than you’d expect. Like so many forms of discrimination, it’s not the name calling and firing that are the norm. It’s the more subtle ways that people are discriminated against in the workplace that are most common.
If you don’t know what to look for, it could be happening to you.
What Is Disability Discrimination?
Disability discrimination is the unfavorable treatment of an employee or job candidate with a disability (as compared to other employees). Like other employment discrimination, it’s not only “bad” treatment but unfair treatment that is unlawful, including failing to make a “reasonable” accommodation for an employee who needs one.
For instance, the Equal Employment Opportunity Commission (EEOC) recently filed a suit against Greektown Casino for failing to make a reasonable accommodation for one iof its employees. In the suit, a pit manager was hospitalized for anxiety stress disorder and requested a leave extension. The casino fired him instead. The EEOC has alleged that a short leave extension would be a reasonable accommodation and the failure to grant that extension is a violation of the  Americans with Disabilities Act (ADA). In a similar action arising in Florida, Walker v. Chipola, the Federal Court found that leave is sometimes a reasonable accommodation under the ADA even if the leave exceeds that period of time which the employer is obligated to grant under the Family & Medical Leave Act (12 weeks).
But the discriminatory actions of the employer need not involve a termination. It can involve creating or allowing a hostile work environment to persist or passing someone over for a job or special assignment. It can also involve not making reasonable accommodations for something like a service dog.
It’s important to know that it is not unlawful to behave favorably to a person with a disability. For instance, an employer may give special attention or opportunities to an employee or candidate with a disability including extending deadlines past what is given to employees without disabilities.
The Disability Discrimination Law Protects More Than You Think
Most people think of employees in wheelchairs and accommodations under the ADA but disability discrimination law is much more encompassing than that. In 2010, the Equality Act was passed and it protects against discrimination based on having a disability but also:

From someone thinking you have a disability
Being associated with someone with a disability

A disability can be a mental or physical condition or a progressive illness such as multiple sclerosis, HIV, or cancer. You do not have to be currently “disabled” by the condition to be protected. For instance, if someone at work discovered you had cancer even if you are not currently under treatment that requires missing work, if your employer passes you over for a project because s/he assumes you “have enough to handle,” that is illegal. It is also illegal if they pass you over because your son has cancer.
Disability discrimination extends way beyond a building not having ramps or enough designated parking spaces. Any unfair treatment based on a physical or mental condition, as well as a progressive illness, may be illegal. The best way to know for sure is to consult an employment attorney. At Wenzel Fenton Cabassa, P.A. we believe the protections of the law should be accessible to everyone that’s why we offer a free first-time case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Discrimination at Work: Do You Have a Case?
Discrimination at work comes in many forms, and, unfortunately, it is still too common. But Florida discrimination laws, as well as Federal laws, are in place to protect millions of workers around the state.
Do you know what is considered discrimination at work? You may have experienced certain actions and did not realize that you could have a case.
What is Discrimination at Work?
Discrimination at work is any behavior that specifically targets an individual based on a personal attribute that is protected by law, which could include:

Sex and Gender 
Age 
Pregnancy 
Religion 
Race 
Disability

It is illegal for employees to be discriminated against at work. If you have been targeted at work by your boss, manager, co-worker, vendor, or even a customer, you may have a case. Discrimination may occur in all areas of employment — including but not limited to the hiring process, benefits, promotions, scheduling, and termination.
Employment Discrimination Laws that Protect Florida Workers

There are several laws that employees should be aware of that address your rights to a safe, discrimination-free workplace. The Florida Civil Rights Act and Title VII of the Civil Rights Act of 1964 cover a wide range of behaviors that protect employees from discrimination at work.
Other legislation focuses on specific protected attributes, including the Pregnancy Discrimination Act of 1978, the Age Discrimination in Employment Act (ADEA), and The Americans with Disabilities Act of 1990, Title I (ADA). These laws are on the books to not only prevent discrimination at work in the first place but also to hold employers accountable for illegal behavior and to keep it from happening to anyone else at the company again.

Examples of Discrimination at Work
Acquiring an understanding of what is considered discrimination at work is vital if you may have a case. Here are some examples:

Not hiring a woman because she is pregnant, or the employer thinks she may soon become pregnant
Forcing an employee to retire because of their age
Mistreating an employee based solely on their race, skin color, ethnicity, or country of origin
Sexually harassing an employee through inappropriate touching or language
Not giving a woman a promotion specifically because of her sex
Denying an employee disability leave, retirement options, or maternity leave
Making inappropriate/offensive comments based on personal characteristics
Terminating an employee based on a feature or attribute

Discrimination at work can have severe effects on an employee’s ability to perform well on the job. You may even feel hesitant to go to work because of harassment by your manager or a co-worker. It can not only affect you personally, but discrimination at work can have a significant impact on your career, your financial future, and your family life too. You have the right to sue for discrimination at work and hold your employer accountable for illegal actions.
Proving Your Employment Discrimination Case
Before filing a case against your employer, a discrimination complaint/claim must first be filed with the Equal Employment Opportunity Commission (EEOC). The EEOC will then review the claim and make a decision based on the information that is provided. Ideally, it is best to work with an employee rights lawyer throughout the process. You do not need to go to the EEOC directly on your own before retaining an attorney. Experienced attorneys know the depth of information that is needed and the best way to present it to prove discrimination at work. Experienced attorneys will advise you on the process and take steps to move that process forward in a timely manner. You do not need to allow your charge of discrimination to sit for months or years awaiting a determination from the EEOC.
There are time limitations to filing an EEOC claim, so it is crucial not to delay filing a complaint.

Since Florida is an “at-will” state, an employer can fire you for any reason (that is not illegal). If you have been explicitly fired due to being pregnant, wearing a religious head covering, for complaining about sexual harassment, or other protected characteristics or attributes, there are specific areas that need to be addressed in proving your discrimination at work case.
Primarily, this involves proof of motive and/or inequality. Sometimes, an employer will be blatant about their discriminatory behavior because they think they can get away with it. Did your employer say specifically that you were being fired because of your sex, age, ability, or race? Even if there was not a blatant statement, there are still other ways discrimination at work can be proven.
An example of religious discrimination can be when your boss will allow an employee to have religious holidays off (or even every Sunday off) and will not let you have your personal religious holidays off as well. They do not have to tell you directly that it is because of your religious affiliation – their actions speak for themselves.
Some of the things you can personally do to prove discrimination at work:

Document illegal behavior such as harassing language that includes dates, times, who said it, and if there were any witnesses to the behavior
Save any harassing voicemails, texts, or emails
Save copies of work schedules, applications for promotions, and employee handbooks
Save copies of any relevant employee reviews, memos, or letters
Save any offensive jokes or photos sent to you via text or email

When you work with an employment lawyer, you can confidentially discuss the details of your case. They are with you each step of the way and will aggressively advocate for your rights.
Get the Legal Help You Deserve
Have you been sexually harassed at work? Were you forced to retire from your job because of your age? When your civil rights have been violated, we lead as your legal advocate and fight hard for justice.
If you have had to deal with the consequences of discrimination at work, we are here to help.
Contact us today to set up a free, confidential case evaluation. We are the employee’s law firm— a tireless legal team fighting for your rights.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Discrimination Cases: 4 Ways an Employment Law Attorney Can Help
Discrimination cases are an effective means to hold employers accountable for violations of employment law. There are key legal actions that can be taken to stop unlawful behavior and provide employees who have been discriminated against remedies which may include compensatory damages, reinstatement to their position if they have been fired, and back pay, among others. Employment law attorneys represent employees in discrimination cases, fighting hard for their rights and for optimal resolution of your case.
These types of cases cover a wide array of unlawful actions. But not all seemingly “unfair” or “wrong” things that an employer does are against the law. There are specific protections covered under federal and state laws that would provide a basis for discrimination cases.
Do I Have a Discrimination Case?
Employment discrimination cases are for individuals who are in protected categories identified under federal and state laws. Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Florida Civil Rights Act, and other related laws detail the protected categories that can qualify for discrimination cases.
You must fall into one of these protected categories to bring a discrimination claim under these laws.
Types of Employment Discrimination Cases
Fortunately, the law protects many employees across Florida. There are many different types of workplace discrimination employees may face that can result in a case, which includes:

pregnancy discrimination,
sex and gender discrimination,
disability discrimination,
FMLA discrimination (Family & Medical Leave Act),
race discrimination,
religious discrimination,
sexual harassment, and
workplace retaliation due to whistleblowing, complaining about workplace safety hazards, and other situations

Discriminatory behavior by employers is not limited to certain industries or levels of employment. It can happen to employees across work types and work levels.
Discrimination cases are quite complex, and employers typically fight them. They will have their own attorney or team of attorneys. Discrimination attorneys have the expertise and experience in employment law and discrimination cases to strongly fight back for your rights and to get the optimal resolution to what you have had to endure.
Benefits of Hiring a Discrimination Attorney to Represent Your Case
There are multiple benefits to hiring a discrimination attorney to represent your case.
Here are four ways an employment lawyer can help:

 In-Depth Legal Knowledge and Skills to Build a Strong Case

You cannot win discrimination cases with solely a simple accusation. There must be very detailed information that is gathered, analyzed, and presented properly to build a strong case and prove that the discrimination occurred. Discrimination attorneys have in-depth knowledge of employment law and skills in case-building that employees themselves do not have.

 Assertive Communication & Leadership Skills to Battle Powerful Employers

A discriminatory employer will often engage in bullying or harassing behavior. Employment lawyers have the assertive communication and leadership skills to battle powerful employers and lead as your advocate each step of the way — through tough negotiations and in the courtroom if necessary.

 Understanding of Difficulty & Sensitivity to Reduce Stress

Dealing with discrimination is extremely stressful and difficult on its own. With the complexity, processes, and deadlines involved in filing discrimination cases, stress levels can become unmanageable, increasing personal and family life difficulty. Employment lawyers will take the lead each step of the way, giving you the confidence you need that your case is being handled properly and aggressively toward resolution.

 Track Record of Successful Resolution of Employee Rights Cases

Due to the critical importance of discrimination cases, utilizing an experienced attorney in the field with a track record of success in employee rights cases is the best strategy to get the best outcome. Just like you would want to have a good doctor if you are sick or injured, it is recommended to have a good lawyer on your side when you have a legal issue.
How Long Do Discrimination Cases Take?
The amount of time that discrimination cases take will vary from case to case. A claim of discrimination must be made under federal law or cross-filed with the state within 300 days of the date of the discrimination (in Florida). Depending on whether your case can be resolved under negotiations or if it goes to trial, the time can take months or up to a year or longer.
Workplace Discrimination and the EEOC
The EEOC, the Equal Employment Opportunity Commission, is the federal agency that enforces federal discrimination laws and administers discrimination cases. They have specific forms that need to be filled out and processes and deadlines that must be followed.
A claim can be filed with the EEOC and cross-filed in the State of Florida with the Florida Commission on Human Relations (FCHR). Once a claim is filed with the EEOC, there is an investigation. After the EEOC decision is made, the typical time frame to file a lawsuit under the federal laws administered by the EEOC, if appropriate, is 90 days.
Your attorney can advise you on the most appropriate legal avenue to file your particular case.
Hiring an Employment Discrimination Lawyer
No one deserves to go through being discriminated against in the workplace. But when it does occur, employees have a right to a fair resolution. The employment discrimination lawyers at Wenzel Fenton Cabassa, P.A. care deeply about employee rights and fight aggressively on our clients’ behalf — working each step of the way meticulously to build a strong case to hold employers accountable for their discriminatory behavior.
We have in-depth legal knowledge and skills, assertive communication and leadership skills, an understanding and sensitivity to the difficulty of our client’s situations, and a proven track record of success. If you believe you have been discriminated against in the workplace, we can help.
We’re the employee’s law firm— a tireless legal team fighting for your rights. We fight for justice in discrimination cases and have helped thousands of employees across the state of Florida get a fair resolution when their rights have been violated. From discrimination to wrongful termination to other employee rights cases, we are here for you.
Contact us today to schedule a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

Related Posts

#### Do Equal Pay Laws Apply to Race as Well as Gender?
When most people hear “equal pay,” they immediately think about gender pay gaps. Women are being paid less than men for the same work. But equal pay protections go far beyond gender.

In fact, race-based pay disparities are just as illegal, and employees of color often experience wage discrimination that isn’t talked about nearly enough. If you’ve ever wondered whether equal pay laws protect against racial pay gaps, the answer is clear:

Employees are legally protected from pay discrimination based on race, gender, and other protected characteristics.

This blog breaks down what the law says, how race-based pay discrimination shows up in the workplace, and what your rights look like if you believe it’s happening to you.

Title VII Protects Workers From Race-Based Pay Discrimination

Under Title VII of the Civil Rights Act, it’s illegal for employers to pay an employee less because of their race, color, national origin, age, genetic information, religion, or sex.

This means:

You cannot be paid less because you’re Black

You cannot be paid less because you’re Hispanic or Latino

You cannot be paid less because you’re Asian, Middle Eastern, Indigenous, or part of any protected racial group

You cannot be paid less because you are Muslim

If pay differences are tied to race in any way (even subtly or indirectly), that is unlawful discrimination.

What Race-Based Pay Discrimination Looks Like in Real Workplaces

Pay discrimination doesn’t always look like an obvious pay cut. It often shows up in more hidden ways, such as:

Two employees with the same job duties and experience level, but one makes significantly less

A pattern where employees of a specific race are consistently paid less across the company

Being denied raises, bonuses, or promotions compared to colleagues of other races with similar or lower performance receive them

Unequal access to overtime or lucrative assignments

These patterns matter. Intent isn’t required for discrimination to be illegal if the result is a pay disparity tied to race; the law applies.

Can You Bring a Claim for Racial Pay Discrimination?

Yes, and you don’t need direct proof.

You don’t have to overhear a discriminatory comment or find an email saying, “Pay this person less.” Courts routinely recognize that pay discrimination is often systemic and hidden.

Employees can use evidence such as:

Pay records or offer letters

Comparison to coworkers with the same duties

Performance evaluations

Company pay policies

Statistical patterns in pay levels

If something feels wrong, there is a good chance it deserves a closer look.

What to Do If You Suspect You’re Being Underpaid Because of Race

If you have concerns about unequal pay, here are the practical next steps:

1. Document everything

Keep notes about job duties, hours, raises, and disparities you’ve observed.

2. Gather comparison information

If you know or suspect that coworkers in similar roles earn more, that information can support your claim.

3. Reach out to an employment lawyer

A lawyer can evaluate whether you have a wage discrimination claim and guide you through the EEOC process.

When to Contact an Employment Attorney

If you believe your employer is paying you less because of your race, or if you’re not sure but feel something is off, talking to an employment attorney is one of the most important steps you can take.

Wenzel Fenton Cabassa P.A. represents employees throughout Tampa, St. Petersburg, Clearwater, and across Florida, helping workers stand up to unlawful pay practices, workplace discrimination, and employer retaliation. You don’t have to navigate this alone. A Florida employment attorney can help you understand your rights, compare your pay and treatment to coworkers, and take action if discrimination is occurring.

FAQs About Race and Equal Pay Laws

Are racial pay disparities illegal under federal law?

Yes, Title VII makes it unlawful for employers to pay employees differently because of race.

Do I need proof of intent from my employer?

No, if the effect of a policy or practice results in lower pay for employees of a certain race, it can still be illegal.

Can I be retaliated against for asking about pay differences?

No, asking about pay fairness or reporting discrimination is a protected activity. Retaliation is illegal.

Does the law apply to bonuses, commissions, and raises?

Yes, all forms of compensation must be provided fairly, without discrimination based on race or gender.

#### Do I Have a Case for Constructive Discharge?
Do you want to know how to prove constructive discharge?
What is Constructive Discharge?
People quit their jobs for a number of reasons. Often, life circumstances change, or the job just isn’t the right fit. In the case of constructive discharge, a work environment becomes so hostile and intolerable an individual is forced to quit.
Is constructive discharge illegal? Yes.
According to the Equal Employment Opportunity Commission (EEOC), “discriminatory practices… also include constructive discharge or forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay.” Does this sound like what has happened to you?
What Constitutes Intolerable Working Conditions?
A person who is forced to quit due to intolerable working conditions may have been subject to unlawful harassment or discrimination. This can include but is not limited to:

Sexual Harassment
Sex or Gender Discrimination
Pregnancy Discrimination
Religious Discrimination
Age Discrimination
Race Discrimination
Disability Discrimination
Consistent Workplace Bullying, Humiliation, Badgering, or Harassment

If proven, any of these types of intolerable working conditions may meet the lawful requirements of constructive discharge. In addition, there are other circumstances that may meet the conditions, including:

A reassignment to menial work
Pay or hour decreases without adequate justification
Demotions, job responsibility removal without reason, and forced retirement

Sometimes, people believe they have grounds for filing a case based on certain behaviors, such as mean looks or whispering between co-workers and/or supervisors. Although uncomfortable, these behaviors are not likely to support a constructive discharge. Also, if you believe that someone may feel a certain negative or hostile way towards you for whatever reason, that does not in and of itself constitute constructive discharge.

The Burden of Proof
The burden of proof when it comes to constructive discharge is on the employee. In order to establish constructive discharge, the environment must be truly intolerable not simply uncomfortable. Typically, there needs to be some evidence that shows that the employee contacted their supervisor, a company human resources professional, or other senior leaders or bosses regarding the ongoing intolerable working conditions. Further, the employee will need to show that the employer failed to take action to address the intolerable conditions. Lastly, the hostility must be directed at you based on a protected status such as age, sex, race, religion or because you engaged in protected activity such as complaining about harassment, filing a worker’s compensation claim, or whistleblowing. Generalized hostility (“my boss yells at me”) will not support an unlawful constructive discharge or termination.
A legal claim needs to be filed promptly before the statute of limitations runs out. That is why it is important to contact an employment law attorney as soon as possible after you are forced to quit and you feel you may meet the requirements for constructive discharge.
If you were forced to quit due to discriminatory actions, such as the ones listed above, it is critical to know that the U.S. Supreme Court ruled in 2016 that the clock on the statute of limitations starts when the employee gives notice, not when the last discriminatory incident occurred.
Constructive Discharge and Unemployment Benefits
When someone has to resign due to intolerable working conditions, this may be considered a termination in the eyes of the law. This means that you may be entitled to unemployment benefits in Florida, among other potential compensatory damages. If you can prove you had no reasonable alternative but to leave your employment because of the hostile environment, in the eyes of the law it is not entirely unlike being fired because of sex, race, age, or other discriminatory practices.
Florida unemployment eligibility requirements also specifically say that “You must have lost your job through no fault of your own, so you must not have quit for personal reasons or been terminated for malicious misconduct (poor job performance does not disqualify you).”
This “personal reasons” phrase does not include the circumstances that would equate to constructive discharge.

Constructive Discharge and Wrongful Termination
The circumstances surrounding a case for constructive discharge can make the issue seen in the eyes of the laws as a case for wrongful termination. This type of claim may have to be filed with the Equal Employment Opportunity Commission (EEOC). In Florida, you only have 300 days to file a charge of discrimination with the EEOC and its state counterpart, the Florida Commission on Human Rights.
In addition, there are a few other areas that may have affected you or someone you care about. If you were retaliated against after you:

Needed to take leave under the Family Medical Leave Act (FMLA),
Attempted to get overtime pay to which you believed you were entitled to receive
Sought a reasonable accommodation under the Americans With Disabilities Act (ADA)
Filed a worker’s compensation claim
Made a whistleblower complaint and became subject to a hostile work environment

Retaliation may include a change in duties, discriminatory practices, harassment, etc. This could potentially form the basis for a claim of unlawful termination, often referred to as wrongful termination.

Understanding Your Rights
You do not need to know all of the legal system’s intricate processes and procedures on how to prove constructive discharge. The experienced, dedicated Florida employment law attorneys at Wenzel Fenton Cabassa PA are here to help.
Anyone can become a victim of illegal workplace actions. Clients often come to us after having quit due to an intolerable working environment, being fired, laid off, or downsized based on unlawful or discriminatory reasons. You don’t have to do this alone. We’ve helped thousands of others just like you.
Our priority is to help you understand your rights as an employee and get the justice you deserve.
At your free initial consultation, we will evaluate your case and analyze the events that led to you having to make the difficult decision to quit. Professional legal advice by an employment law attorney in a timely manner makes a huge impact on whether your rights as an employee will be advocated for to the fullest extent of the law. Take action and contact an attorney as soon as possible to seek justice.
At Wenzel Fenton Cabassa, P.A., we protect employee rights and we can help you understand constructive discharge as it relates to your employment situation. Contact us today for your free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

Related Posts

#### Do You Get Paid When on FMLA Leave?
In 1993 the Family & Medical Leave Act (FMLA) was enacted in large part to ensure those who need their jobs most would not lose them when they needed to take care of themselves or their family. This protection was put in place for employment purposes but what does it mean in regards to salary or vacation? 
What is FMLA Qualifying Leave?
The FMLA provides covered employees with up to 12 weeks of job-protected leave a year and requires that health benefits must continue for the employee and the family. The employer must continue to pay its share of the employee’s health care benefits during the employee’s leave. The employee will maintain his/her health benefits by continuing to pay for his/her share of them.
Is FMLA Qualifying Leave Paid or Unpaid Leave?
FMLA-qualifying leave is not paid leave. Employees will not receive a salary while on leave, unless that is something the employee and employer work out privately. The FMLA does not require the employer to pay the employee. Employers may insist the employee use his or her vacation time or other accrued paid leave while on FMLA leave. The employer’s HR department can provide information on whether this is required or not as companies have their own rules on using vacation and the FMLA gives the employer to option to require that paid leave be exhausted concurrently with the FMLA-Qualifying leave. Even if the company doesn’t require it, opting to use paid time off benefits available through your employer’s policies can help offset the cost of going without pay while on leave.
Employees do not accrue seniority or vacation in their absence. Service time essentially freezes, unless otherwise arranged with your employer.
Some companies offer cash payments for employees who opt out of the company health care program. These cash payments do not have to be continued during FMLA leave. Other benefits such as life insurance may be continued as long as the employee maintains fiscal responsibility for the plan and pays for it. This is extremely important, particularly if the employee is facing a life-threatening illness. It’s easy to forget about these payments but they’re necessary if the employee wants to retain the benefit. The employer may decide to take on the employee’s responsibility so it’s important to understand what the company policy is on additional benefits.
FMLA leave is not considered a “life-changing” event for most company benefits plans, so if the employee lets the benefits lapse during leave, s/he will need to wait until the next open enrollment time before being able to reinstate them. That’s why some employers choose to cover the employee’s responsibility so that the employee may keep the level of benefit they had upon return. When leave ends, the employer may recover the employee’s share of premiums it paid to maintain other “non-health” benefits during the employee’s unpaid FMLA leave.
If you’ve been out on FMLA leave and you were fired upon return or your company refused to pay its portion of your health care benefits, or you do not return to work at the end of your leave, you need to know your rights.
Download our free e-book on Understanding FMLA: Helping You, Your Job & Your Family.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Do You Qualify for Unpaid Overtime?
One of the most common employment law cases today involves claims against employers who owe employees unpaid overtime wages. It happens in many different industries from retail to construction and education to healthcare.
Workers across the United States are protected by a federal law that guarantees overtime pay. This law is The Fair Labor Standards Act (FLSA). It mandates employers to pay one and a half times your regular rate of pay for all overtime hours. If you have worked overtime and not received the proper pay, you may be entitled to compensation through a wage and hour claim.
 
WHO QUALIFIES FOR OVERTIME PAY?
The overtime provisions of the FLSA have broad application:
“All employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person.”
This includes hospitals, schools (from preschool to higher education), workers in public agencies, and enterprises “whose annual gross volume of sales made or business done is not less than $500,000.” This means that a smaller business with less than $500K gross sales is not obligated to pay overtime under the FLSA enterprise coverage rules. However, the FLSA also provides that an individual employee may be covered by the FLSA if their work regularly involves them in interstate commerce. Some examples include a factory worker who assembles products for shipment out of state or employees who regularly travel out of state for work.
There are some exemptions to the law.
Certain types of employees and roles in the workplace are exempt from overtime wages. This includes executive, professional, and administrative roles. Generally, these exemptions from overtime require advanced education or skills, exercise of independent judgment or management of the work of more than two other employees as one of your primary duties. If you are unsure of whether or not your employer owes you for unpaid overtime, take a closer look at some of the conditions that could make you exempt.

Filing an Unpaid Wages Claim
Employee rights attorneys understand the complexity of the FLSA and work with people just like you to recover pay that you rightfully deserve. Do you think you qualify for unpaid overtime? Gather any relevant documentation like paycheck stubs, work schedules, employee handbooks, or other pertinent information that can help prove your case.
Many employers will try to intimidate workers and say they don’t owe you the pay, didn’t approve the overtime or say that you worked unscheduled hours. This is often a tactic used to get more work out an employee to save money on their operating budgets and boost their profits. But know that many employees are protected under FLSA — and you may have a valid case.
If you win the case, you may receive:

Unpaid Overtime – you may be able to collect 1½ times your regular rate (which also applies to some salaried positions) – for the time that you worked above 40 hours
Liquidated Damages – Liquidated damages are penalties that double the amount you are paid; for example if you are owed $5,000, you receive $10,000
Legal Fees – If you win, your employer must pay the full cost of for your employment law attorney under FLSA guidelines

It is important to contact an employment law attorney sooner rather than later because there is a statute of limitations on filing an FLSA claim. Some employees work for an employer for a really long time and never hold them accountable for not paying overtime. That’s a mistake. The statute of limitations on FLSA claims is generally two years, but it does extend to three years if a jury finds that an employer willfully violated the statute.
Employers have their lawyers and you have the right to legal representation too. Who qualifies for overtime pay and the complexities of proving an FLSA claim can be confusing. That is what we are here for and we want to help.
Do you believe you qualify for unpaid overtime? Then contact Wenzel Fenton Cabassa, P.A. for a free case evaluation, and let us handle your case. We’ve helped thousands of people hold their employers accountable for their unlawful actions — fighting for the rights of employees across the state of Florida.
 

 
Other unpaid overtime and FLSA articles: 
My Employer Is Not Paying Me Overtime. Due I Sue?
How To File An Unpaid Wages Claim In Florida
How to Calculate Your Unpaid Overtime Wages
9 Reasons To Hire An Employment Law Attorney To Recover Your Unpaid Wages
 
Last updated December 6th, 2018




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Does the NLRA Protect Employees When They Post on Social Media?
What you write and post on social media can have serious consequences. You need look no further than the recent firing of a CBS executive who posted about the Las Vegas shootings on her Facebook page. Her post was not related to her employer or her employment with CBS. But many employers have social media policies that set guidelines for what their employees can post on social media. These policies are oftentimes too broad and may violate federal labor laws.
The National Labor Relations Act

The National Labor Relations Act (NLRA) was enacted in 1935 as a means to protect the rights of employees who want to improve their work conditions or pay. Under Section 7 of the Act, employees have the right to engage in “concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Online activities, such as posting and commenting on Facebook, may be protected under this section of the Act.
In 2010, the National Labor Relations Board (NLRB), the federal agency that enforces the Act, began making social media a priority in terms of protecting employee rights as they relate to work-related issues. The NLRB recognized that social media is and would continue to be a means by which employees discuss workplace concerns. Since that time, there have been numerous cases involving employees’ rights to raise awareness about work-related issues through the use of social media.
The key to determining whether employees are safeguarded under the Act is whether they are engaged in “protected concerted activity.” Generally, in order to qualify as concerted activity, there needs to be communication about policies, terms or conditions that impact several employees, not just a private, singular grievance of one employee. For example, concerted activities might include employees talking about how the company tracks time worked (a broken time clock) or efforts to address arbitrary and inconsistent assignments for overtime work or discontent over rates of pay. When these conversations occur over social media, and employees are disciplined for participating in those conversations, the NLRA is implicated.
Employers have tried to limit employee use of social media as it relates to their employment for obvious reasons. The last place an employer wants employees to discuss workplace problems is in a public forum. However, many of these policies have been struck down as overbroad and in violation of the NLRA. The NLRB has determined that:

Employer policies cannot be so expansive that they forbid the type of activity protected by federal labor law; for example, the discussion of wages or working conditions among employees.
Employees’ comments on social media are typically not protected under the Act if they are simply complaints not made in connection to group activity among employees.

What follows is an example of a case that illustrates how an employer can have an unlawfully broad social media policy and also violate an employee’s right to engage in protected concerted activity on social media.

 
An Example of an Unlawfully Broad Social Media Policy and Protected Concerted Activity

In July of this year, the NLRB ruled on a case in which an employer, Butler Medical Transport, was accused of violating an employee’s right to engage in a protected concerted activity and had an unlawfully broad social media policy. A portion of the policy stated the following regarding expected employee conduct: “I will refrain from using social media sites [sic] which could discredit Butler Medical Transport or damages [sic] its image.”
An employee who was recently terminated by Butler Medical Transport posted comments on Facebook about being fired. She stated that she was unfairly let go after her employer sided with a patient in a dispute. In response to her post, a few employees commented, one of whom, Employee 1, wrote: “Sorry to hear that but if you want you may think about getting a lawyer and taking them to court.” And then continued by writing, “[Y]ou could contact the labor board too.”
An anonymous employee subsequently took a screenshot of the post and comments and put it on the human resource manager’s desk. Employee 1 was then terminated and later filed charges against Butler Medical Transport.
So how did the NLRB rule? First, they concluded that Employee 1 was taking part in a protected concerted activity. He simply “. . . engaged in a conversation with fellow employees” regarding the termination of another employee and he “advised [the terminated employee] about potential avenues of redress.”

 
In addition, the Board found that the motivation of Employee 1’s action met the requirement of “mutual aid and protection.” After all, he “posted his comments as part of an online conversation with fellow employees, triggered by one employee’s complaint about what she believed was her unjust discharge—a potential concern for all employees, who have a common interest in job security and protection against such a dismissal.”
Regarding the employer having an overly broad social media policy, the Board stated that the employer’s policy violated Section 8(a)(1) of the NLRA. They found that Employee 1 was disciplined for taking part in a protected activity and for conduct that was not concerted, but that “touches the concerns animating Section 7.” Finally, they found that the employer was unable to show that Employee 1’s comments obstructed their operations. They concluded that the policy itself was overbroad and that is a separate violation of the NLRA. In sum, they found that Employee 1’s discharge was unlawful and the policy was unlawful.
The NLRA was created to protect employee rights, specifically as they relate to working conditions. It’s important to know that these protections now also cover work-related conversations employees engage in on social media. If you feel as though you have been wrongfully terminated or disciplined for what you posted, liked, or commented on social media regarding work-related conversations, your rights are protected under federal law.
At Wenzel Fenton Cabassa, P.A., we’re here to protect your rights and answer your questions regarding protected concerted activity on social media. If you feel as though your rights were violated, contact one of our Employee Rights Attorneys today to schedule your free case evaluation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Does the TCPA Apply to Debt Collectors?
Note: Our firm does not handle TCPA cases directly; we work with trusted attorneys who do. If you contact us about a TCPA matter, your case may be referred to another lawyer or law firm.
The Telephone Consumer Protection Act (TCPA) protects consumers across the United States. Telemarketers trying to sell services and products, from home security systems to insurance, must comply with the TCPA. Congress enacted the TCPA in 1991. The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages. Both telemarketers and debt collectors must comply with the TCPA. Often, however, they don’t. That’s where a consumer rights attorney comes in.

Many people ask, “Does TCPA apply to debt collectors?”
The short answer is YES.
TCPA & Debt Collectors
The TCPA regulates prerecorded calls, auto-dialed calls, telemarketing calls, text messages, and unsolicited faxes. Debt collection agencies/debtors don’t need permission, or consent, to call residential lines. This includes auto-dialed and prerecorded calls.
Cell phones are a different story. Debt collectors must have your consent to make collection calls to your cell phone using an automatic telephone dialing system (ATDS). These are the calls during which you hear a short pause on the line before the call connects.
The TCPA requires prior consent by either oral or written means. If the company and/or debt collector does not have your consent, the call is illegal. Many companies, including debt collectors, make these types of illegal calls to consumers because they get away with it — causing continual harm to people in Florida, and across the country.
TCPA Penalties for Violations
Violations of the TCPA are serious. Substantial fines exist for TCPA violations. These laws exist to deter companies from making these illegal calls. If you withdraw your consent to accept auto-dialed calls to your cell phone, and the calls continue, the company may be penalized up to $500 per call. If the call or calls are considered “willful,” then the penalty may reach as high as $1,500 per call.
These penalties aggregate quickly, particularly when debt collectors call repeatedly. Over time, companies who violate the TCPA may end up owing consumers thousands of dollars for their TCPA violative calls.
Holding Debt Collectors Accountable for TCPA Violations
Just like employee rights law, consumer protection law is complex. That is why it is important to contact a consumer rights attorney. Debt collectors are aggressive and persistent. Having the right lawyer on your side to work within the complicated law and justice system — and to stand up to harassing bullies — gives you the best ammunition to hold them accountable for breaking the law.
It’s also important to document as much as you can. Save voicemails, and keep a record of dates and times of calls. Also, note who made the calls and what you talked about (if you picked up). Retrieve records from incoming calls from your service provider and highlight all calls made from any of the debt collectors. Good records are extremely helpful, but not always required. For example, cell phone records are commonly subpoenaed in TCPA cases.
At Wenzel Fenton Cabassa, P.A., our attorneys will tackle TCPA violations aggressively with you, and your family, in mind. You have the right to legal protection. TCPA penalties are severe, and you may be entitled up to $1500 per call. Our law firm will be with you every step of the way to help you protect your privacy.
Contact Wenzel Fenton Cabassa P.A., today to set up a free, confidential case evaluation. We help consumers throughout the state of Florida to hold debt collectors accountable for unlawful and harassing actions.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Don't Wait Until It's Too Late: The Statute of Limitations to File an Age Discrimination Claim
Age discrimination not only harms careers and affects families, but it is also illegal and should not be tolerated. If you or someone you know is the victim of age-based discrimination, you should know there are statutes of limitations for filing a claim. It is crucial to contact an employment and labor law attorney as soon as possible.
What is Age Discrimination?
The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. It covers unfavorable treatment or discrimination throughout the hiring process, forbids harassment and retaliation based on complaints of age discrimination, and adverse actions with regard to benefits, promotions, training, layoffs, etc. on the basis of age.

6 Examples of Age Discrimination

General Guidelines for Filing a Claim
The Equal Employment Opportunity Commission (EEOC) is a Federal administrative agency which enforces federal anti-discrimination laws in the U.S., including the Age Discrimination in Employment Act (“ADEA”). A charge of discrimination based on age must be filed with the EEOC within 180 calendar days from the date of the discriminatory act. Failure to do so may result in a loss of the claim.
The state of Florida has its own legislation — The Florida Civil Human Rights Act. It is administered by the Florida Commission on Human Relations (FCHR). The agencies have a “work-sharing agreement” that allows them to partner together to process claims. Since the state has its own agency and timelines, the deadline to file a charge of age discrimination under the ADEA is extended to 300 days of the occurrence of the discriminatory act. If a charge is being brought under the state law only, you may file within a year of the discriminatory act. There are many reasons to file under both the state and federal law so you don’t want to wait past that 300-day mark!
For the protections the federal age discrimination statutes to apply, your employer must employ 20 or more employees. If your employer does not meet the filing threshold for a federal law claim, you can file an FCHR claim as long as your employer employs 15 or more employees. Some counties and municipalities in Florida have local ordinances which extend coverage to even smaller employers. Consult with an experienced employment lawyer before to filing.

Recommendations for Filing an Age Discrimination Claim
Due to time limitations for filing a charge under the employment discrimination laws, time is of the essence. It is recommended to file your claim within 300 days (less than one year) of the occurrence of workplace discrimination. You have a choice whether you want to “cross-file” with both federal and state. Employment law attorneys are experts in dealing with the age discrimination statute of limitations and the complex administrative processes and legal requirements in filing a claim — and are passionate employee advocates that are there to help.
Take Action for Workplace Justice
Take action before the statute of limitations for age discrimination expires for your case. Were you harassed at work because of your age? Did a younger, less-qualified person get a promotion you should have received? Were you “laid off” but have evidence that the employer was really letting you go based on your age? If so, you may have a valid case for age discrimination.

5 Ways to Prove Age Discrimination

Age discrimination can cause individuals and families many hardships and a lot of stress. We are here to help you pursue justice and hold your employer accountable. We have experienced employee rights attorneys who fight for fairness, justice, and equal rights in the workplace.
Contact us today for a free confidential case evaluation. We’re confident in our ability to help you and offer “no win, no pay” contingency options to cover expenses.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Don’t let the Coronavirus Kill Your Job: You have Rights
The Coronavirus (COVID-19) pandemic has changed the world as we know it, both at home and in the workplace. To protect employees during this national crisis Congress passed the Families First Coronavirus Response Act (“FFCRA”), which takes effect April 2, 2020. It requires most employers to provide employees with expanded family and medical leave as a result of the COVID-19 epidemic. An employer may not fire or discipline an employee who takes paid sick leave under the new law. Employers who violate the FFCRA are liable for back pay, liquidated damages equal to the amount of back pay, and attorneys’ fees and costs.
What rights do I have under the FFCRA?
Generally speaking, the FFCRA requires that private employers with less than 500 employees must provide the following to employees:

Two weeks of expanded family and medical leave, at the employee’s regular rate of pay, where the employee is unable to work because the employee is quarantined and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or
Two weeks of expanded family and medical leave, at two-thirds the employee’s regular rate of pay, because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine, or to care for a child whose school is closed; and,
Up to an additional 10 weeks of expanded family and medical leave at two-thirds the employee’s regular rate of pay where an employee, who has been employed for at least 30 calendar days, is unable to work due to a bona fide need for leave to care for a child whose school is closed.

What private employers are “covered” and must follow the FFCRA?

All private employers with fewer than 500 employees must follow the new law. Small businesses with fewer than 50 employees may qualify for an exemption to the FFCRA.

What pubLic employers must follow the FFCRA?
As explained by the Department of Labor, “most employees of the federal government are covered by Title II of the Family and Medical Leave Act, which was not amended by the FFCRA, and are therefore not covered by the expanded family and medical leave provisions of the FFCRA. However, federal employees covered by Title II of the Family and Medical Leave Act are covered by the paid sick leave provision.”1
Are all employees of private employers covered by the FFCRA eligible?

Generally speaking, yes. Provided, however, that employers with over 500 employees are not presently covered by the FFCRA.

How long is leave permitted under the FFCRA?

Full-time employees may receive up to two weeks of expanded family and medical leave;
Part-time employees are eligible for the number of hours of leave that the employee works on average over a two-week period; and,
Employees employed for at least 30 days are eligible for up to an additional 10 weeks of paid family leave to care for a child.

Do I have to give my employer notice?

You should try. When leave under the FFCRA is “foreseeable”, employees should give advanced notice; and,
Once leave is taken under the FFCRA, employers are permitted to require employees to follow “reasonable notice procedures” in order to continue receiving protection under the FFCRA.

What specific Coronavirus-related reasons qualify as a reason for leave under the FFCRA:

If the employee is caring for a child whose school or place of care is closed;
A government quarantine or isolation order related to the Coronavirus;
A “health care provider” has told an employee to self-quarantine for reasons related to the Coronavirus;
An employee is experiencing Coronavirus symptoms and is seeking a medical diagnosis;
An employee is caring for an individual subject to a government quarantine or isolation order;
An employee is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.

How is my pay calculated while I’m on leave under the FFCRA?
 

 Employees whose leave is related to caring for a child whose school or place of care is closed are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate over a 12-week period;
Under most other FFCRA leave scenarios unrelated to school closings, employees taking leave under the FCRA are entitled to pay at either their regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate over a 2-week period;
Other scenarios (but also unrelated to school closings) allow for employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate over a 2-week period.

Once the FFCRA goes into effect on April 2, 2020, if you think your rights under the FFCRA have been violated, call us immediately for a free case evaluation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### EEOC Argues Title VII Prohibits Discrimination based on Sexual Orientation
Central Florida Sexual Orientation Discrimination Case Appeal Backed by EEOC
The Equal Employment Opportunity Commission filed an amicus curiae or “friend of the court” brief for the appeal of a recent Central Florida sexual orientation discrimination case. The brief was submitted to the 11th U.S. Circuit Court of Appeals in Atlanta on January 6, 2016.
The case Burrows v. The College of Central Florida was heard by the U.S. District Court in Tampa, Florida on July 2015. The District Court granted the employer’s motion for summary judgement and dismissed the case stating, “[p]laintiff’s claim, although cast as a claim for gender stereotype discrimination, is merely a repackaged claim for discrimination based on sexual orientation, which is not cognizable under Title VII,” and other state laws. Barbara Burrows, former professor at The College of Central Florida, claimed that she was subject to “gender stereotyping” while employed by the college, and following the ruling on a summary judgement, appealed to the 11th Circuit Court.
In January, the EEOC filed a “friend of court” brief for the appeal with the 11th U.S. Circuit Court of Appeals in Atlanta arguing, “[s]exual orientation discrimination is cognizable as sex discrimination under Title VII.” The brief outlined three separate points regarding past cases and sex-based biases.”
The issues included in the EEOC’s brief stated:

First, sexual orientation discrimination necessarily involves sex stereotyping, as it results in the adverse treatment of individuals because their orientation does not conform to heterosexually defined gender norms. Such discrimination based on gender stereotypes violates Title VII, as explained in Price Waterhouse v. Hopkins, 490 U.S. 228, 109 S. Ct. 1775 (1989), and Glenn v. Brumby, 663 F.3d 1312 (11th Cir. 2011).
Second, sexual orientation discrimination constitutes gender-based associational discrimination. Courts, including this Court, have routinely held that associational discrimination is actionable under analogous circumstances implicating race.
Third, Title VII generally prohibits sex-based considerations in the employment context, and discrimination based on sexual orientation necessarily requires such impermissible consideration of a plaintiff’s sex.[3]

Therefore, the EEOC argues in favor of protections found within Title VII of the Civil Rights Act of 1964 to be extended to include sexual orientation discrimination, since it necessarily involves gender or “sex stereotyping”, which is in violation of Title VII.
The brief continued to state the importance of this interpretation, “Sexual orientation discrimination necessarily involves sex stereotyping, as it results in the adverse treatment of individuals because their orientation does not conform to heterosexually defined gender norms. Because such discrimination is at heart based on gender stereotypes, it violates Title VII’s prohibition against discrimination against employees “because of . . . sex.”
The Plaintiff Barbara Burrows was hired as professor, administrator and vice president for instructional affairs at the College of Central Florida in Ocala in 2008. Burrows was informed that her contract would not be renewed, and she would be transferred to a teaching position in the mathematics department. Her new position would be salaried at $40,000 a year. In March 2013, Burrows’ position was eliminated in a workforce reduction. Among her claims, Burrows included allegations of sexual orientation discrimination based on “gender stereotyping.” The Eleventh Circuit has not yet ruled on the appeal in the Burrows case.
Burrows’ EEOC case was followed by a historic ruling by the EEOC in July 2015 that held in a 3-2 decision ruling that workplace sexual orientation discrimination is illegal under federal law. law. This ruling applied to federal workers only but will likely impact how the EEOC will approach private sector investigations. The EEOC has indicated its commitment to advance the rights of LGBT employees.
Have you or someone you know experienced discrimination in the workplace? Then you need an employee rights expert. Contact an experienced employment law attorney at Wenzel Fenton Cabassa, P.A., today.
SOURCES:
Why the EEOC Believes Title VII Bans Sexual Orientation Bias
EEOC Support’s Professor’s Sexual Orientation Bias Suit
EEOC File Amicus Brief; “Sexual Orientation Discrimination is Sex Discrimination

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### EEOC Complaints: 8 Tips to Help You Win Your Case
The Equal Employment Opportunity Commission (“EEOC”) is a federal agency that enforces laws against certain workplace discrimination, harassment, and retaliation. Before you can sue the employer in court, the EEOC must investigate certain claims. Navigating the EEOC’s process can be complex. This blog provides a few tips to help you better prepare and present your case throughout the EEOC process.
1. Understand the Basics of EEOC Complaints or “Charges”
Complaints filed with the EEOC are referred to as a “Charge of Discrimination” or simply a “Charge.” Generally, you must file a Charge within 180 days from the date of the alleged discrimination. This period can extend to 300 days under certain circumstances. In Florida, there is generally a 300-day deadline to file your Charge with the EEOC. However, determining which deadlines apply heavily depends on the facts of each case.
You should also familiarize yourself with the laws enforced by the EEOC. This agency enforces many—but not all—workplace issues. If the EEOC does not have jurisdiction over your claims, it is possible another state or federal government agency does. In other words, all hope is not lost. It just means you may have to sue the employer under a different law and/or with a different state or federal agency. The table below provides information regarding which laws and claims are within the EEOC’s jurisdiction.
Laws Enforced by the EEOC

Law

Description

Title VII of the Civil Rights Act (“Title VII” or “Title 7”)

Prohibits employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), or national origin.

Title I and Title V of the Americans with Disabilities Act (“ADA”)

Prohibits employment discrimination against qualified individuals with disabilities.

Age Discrimination in Employment Act (“ADEA”)

Protects individuals who are 40 years of age or older from employment discrimination based on age.

Pregnant Workers Fairness Act (“PWFA”)

Requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions. This newly enacted law went into effect on June 27, 2023.

Equal Pay Act (“EPA”)

Prohibits gender-based wage discrimination for substantially equal work in the same establishment. The EPA is unlike many of the above-listed laws because an individual alleging a violation of the EPA may file a complaint directly in court and is not required to file with the EEOC beforehand.

Genetic Information Nondiscrimination Act (“GINA”)

Prohibits employment discrimination based on genetic information about an applicant, employee, or former employee.

 
Laws NOT Enforced by the EEOC

Law

Description

Title II and Title III of the Americans with Disabilities Act (“ADA”)

Prohibits disability discrimination by state and local governments and public accommodations, enforced by various federal agencies.

Fair Labor Standards Act (“FLSA”)

Regulates minimum wage, overtime pay, and child labor, enforced by the Department of Labor.

National Labor Relations Act (“NLRA”)

Protects workers’ rights to unionize, bargain, associate, and more, enforced by the National Labor Relations Board.

Section 1981 of the Civil Rights Act (“Section 1981”)

Protects the right to make and enforce employment contracts without discrimination, enforced through the courts.

Occupational Safety and Health Act (“OSHA”)

Sets safety requirements for workplaces, enforced by OSHA.

Workers’ Compensation Laws

Provides compensation for job-related injuries and illnesses, enforced by state and federal agencies.

Sources
What Laws Does EEOC Enforce?
Workplace Laws Not Enforced by the EEOC
2. Gather and Preserve Evidence
Documentation is key in a lawsuit.

Report Incidents Promptly: Be proactive in reporting inappropriate, discriminatory, harassing, or abusive behavior to your supervisor, Human Resources department, management, and/or union. Employers often argue they cannot be held responsible for behavior they were unaware of.
Detailed Records: Keep thorough records of all incidents, including dates, times, locations, and names and job titles of relevant persons. This documentation is crucial because strong evidence can lead to higher compensation. Employers may create documentation to use against you, so maintaining your own records is vital.
Retain Copies: Keep copies of all complaints of discrimination or harassment. Do not rely on your employer to provide these once you decide to take legal action. If terminated, you may quickly lose access to important emails and documents, so have your copies ready to share with your attorney.

Consider creating a detailed timeline of events to make your case stronger and more actionable. This timeline should include dates, locations, names of individuals involved, and descriptions of incidents where you believe discrimination occurred. Your timeline is a living document. Review it regularly and update it with any new incidents or evidence. This ensures that your timeline remains accurate and comprehensive.
It is also important to be cautious when working with confidential information. Depending on the nature of the documentation, the employer might try to argue that you violated some rule or law by downloading it to your personal device. Ensure you follow the applicable rules and laws while saving information that can assist your case.
3. Consider Legal Representation
Consult with an experienced employment attorney early in the process. An attorney can provide invaluable guidance, help you navigate complex legal issues, and advocate on your behalf.

Benefits of Representation: An experienced employment attorney can guide you through the EEOC process, protect your rights, enhance your credibility, and improve your chances of a favorable outcome. Legal representation can also make employers more willing to settle.
Handling EEOC Investigations: Every attorney handles EEOC investigations differently. Some may represent clients from the beginning to the end of the EEOC process—from filing the charge of discrimination through interviews, mediation, and obtaining the right to sue. Other attorneys may only step in after the EEOC process concludes. At Wenzel Fenton Cabassa, P.A., we often guide clients through the EEOC process so they don’t have to do it alone. Having an attorney can significantly alter the course and outcome of your case.

4. Consider Coworkers
Engaging with coworkers regarding your claim can be both beneficial and risky. Coworkers can provide valuable support and evidence, but discussing your case with them requires careful consideration. Speak with your attorney before taking any action on your own in this capacity.
That said, identifying supportive coworkers early on can be advantageous as you gather evidence. Coworkers often witness incidents of discrimination, harassment, or retaliation. Their firsthand accounts can corroborate your claims and strengthen your case.
Additionally, coworkers can serve as “comparators,” which may be helpful—or even crucial—to your case. If your claim is related to disparate treatment, meaning you were treated differently than other employees (due to race, gender, age, etc.) despite the same behavior, you should try to identify examples. Usually, good comparators should engage in the same basic conduct as you and be subject to the same decision-maker as you. Think of people who have similar job responsibilities and employment history as well. If you can point to specific employees who were treated more favorably by the same supervisor despite being in a very similar situation to you, that can strengthen your case.
5. Maintain Professionalism
Maintaining professionalism in all communications before, during, and after the EEOC process is crucial. How you present yourself can significantly impact how your case is perceived by the EEOC investigators and, eventually the judge. Keep in mind that any documented correspondence with your employer, including emails, text messages, and letters, may end up in front of an EEOC investigator or even a judge one day. It is essential to always communicate respectfully and clearly, regardless of the circumstances.

6. Preparing for the EEOC Interview
Be ready for interviews.

Interview Process: The EEOC may conduct interviews at different stages—sometimes before and sometimes after the Charge is filed. This can depend on many factors, including whether you have legal representation. Your attorney can help you prepare for these interviews, ensuring you present your case effectively.
Importance of Documentation: Good documentation supports your statements during interviews and can make a strong impression on the EEOC investigator.

7. Preparing for Mediation
The EEOC often offers mediation as a way to resolve disputes early in the process. This option is both free and voluntary. Mediations can be in-person or virtual. Understand that EEOC mediators do not make determinations regarding who is right or wrong like judges do. Instead, they are trained to be neutral and help the parties facilitate a beneficial resolution. Mediation can provide a confidential and quicker resolution to your case compared to a prolonged investigation or litigation—saving you cost, time, and energy.
To maximize the benefit of mediation, prepare thoroughly. Organize your evidence, understand your goals, and get ready to negotiate. While you may decide to contact the mediators prior to your mediation to ask how you should prepare, if you do so, maintain your composure and be respectful. It is important to make the right impression. If you have an attorney, your attorney will be the person to prepare you for mediation.
It is also important to maintain your composure during the mediation. Often, all parties involved may feel strong emotions about the situation and how it is being addressed—which is understandable. If you have been discriminated against, of course you want to ensure the outcome of your claim is just. However, be careful to not let your emotions during mediation impact you for the worst. It is possible employers will say things that you believe, or even know, are untrue. Realistically, they will not come to mediation and admit they broke the law (at least, they will not intentionally admit that). You should expect that you will hear things that may upset you. Still, you want to maintain your composure at all times.
Remember that employers often have attorneys who routinely assist them or other employers in similar employment matters. You may be at a disadvantage if you show up to mediation alone while the employer has a team of people ready to assist. At Wenzel Fenton Cabassa, P.A., we help our clients throughout the entire EEOC process.
8. Stay Patient
The EEOC process can be lengthy. Patience is essential, as investigations, mediations, and potential litigation can take time. If employers choose to settle quickly, the EEOC process may be avoided altogether. However, filing with the EEOC may be the only option if a settlement cannot be reached.
The Takeaways
The most important point to take away from all these tips is a simple one—talk to an attorney. There is a good chance this is your first experience filing an EEOC complaint. Even if it is not, you probably do not have the legal expertise necessary to guarantee an ideal outcome.
With an experienced employment attorney working on your case, you do not need to understand every step of the EEOC process. You will have someone on your side who already does.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### EEOC Proposes Extensive Guidance Measures on Retaliation Issues
In response to the growing number of cases, the Equal Employment Opportunity Commission (EEOC) proposed enforcement guidance on retaliation and related issues in the workplace. The EEOC offered the document to the public for comment and review. A copy of the proposed guidance is available for download and comment on the EEOC website until February 21, 2016.
It’s been 18 years since the EEOC proposed revisions to guidance on retaliation issues. Now the EEOC has offered these changes to the public for comment. The proposed guidance has sparked concerns among employers that fear the expanded view of what can be considered “evidence” may encourage a rise of speculative retaliation claims that lack factual basis.
What’s New with the EEOC Retaliation Guidance?
The current guidance for workplace retaliation regulated by the EEOC requires that an employee present significant evidence for three separate aspects of a case:

He or she engaged in a protected activity, like reporting harassment or objecting to perceived discrimination
He or she experienced an adverse employment action, like being terminated
His or her protected activity caused the adverse employment action

The third factor is often the most challenging aspect to prove. When it comes to EEOC retaliation cases, the employee must prove that the employer not only knew about the protected activity, but also, the adverse employment action took place because the employee engaged in a protected activity. Timing of the adverse action is often key to this determination.
According to an article by The National Law Review, the revision proposes that an employee,

“may discredit the [employer’s] explanation and demonstrate a causal connection between the prior protected activity and the … adverse action by… [establishing] a ‘convincing mosaic’ of circumstantial evidence that would support the inference of [retaliation].”

The revisions proposed fundamentally modify what can constitute a causal connection between an adverse employment action and the prior protected activity.
In an article on Lexology, concerns about the broadening definition of what may be considered as a “protected activity” are addressed. Under the proposed revisions, a protected activity is found “even if the harassment falls far short of ‘severe or pervasive’ harassment, since the entire hostile work environment liability standard is predicated on encouraging employees to report harassment and employers to act on early complaints, before the harassment becomes ‘severe or pervasive’.
Why Did the EEOC Change it’s Workplace Retaliation Guidelines?
Although the EEOC’s guidelines are not binding law, the proposed revisions are meant to assist staff members assisting employees when making a case against a retaliating employer. Such changes may shift the employment law climate on retaliation.
Revisions have not been made to the EEOC’s retaliation guidance since 1998, and in the aftermath of the revisions, retaliation cases have doubled for both private and federal employers. Due to this trend, employers now fear that changes made to guidance measures in retaliation cases could bring about another rise in EEOC retaliation claims.
Have you or someone you know experienced retaliation in the workplace? Then find an experienced employment rights attorney to secure fair treatment on the job. Contact Wenzel Fenton Cabassa, P.A., today for a free case evaluation.
Learn more about workplace retaliation with by downloading our eBook below.

SOURCES:
New EEOC Retaliation Guidance
EEOC’s Proposed Retaliation “Guidance”
EEOC Seeks Public Input on Proposed Guidance on Retaliation

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### EEOC Releases Docs on Women's Issues and Pregnant Workers' Rights
Women’s rights in the workplace have recently gained the spotlight. At the White House United State of Women Summit on June 14, 2016, the Equal Employment Opportunity Commission (EEOC) released guidance documents addressing equal pay for women and more information on pregnancy discrimination.
The purpose of the EEOC’s participation in the White House Summit was to raise awareness about women’s rights in the workplace and promote compliance through educating employers.
Jenny R. Yang (EEOC Chair): “Issues of equal pay and pregnancy discrimination are central to the work we do here at EEOC.”
The persistent issues of pay discrepancies between male and female workers or wage discrimination based on sex/gender was outlined and presented in the EEOC document, “Equal Pay and the EEOC’s Proposal to Collect Pay Data”. One of the main points the EEOC made at the White House United State of Women Summit was the fact that the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 made wage discrimination based on sex illegal, but 50 years later, there is still a significant difference in compensation based on gender. The differences are not limited to hourly rates or salary. Inequality in pay involves other aspects of compensation, such as benefits and bonuses. It is for this reason that the EEOC recently proposed (last February) to collect pay data in order to help employers see the need for changes and prevent discriminatory practices and/or claims. In the case of equal pay.
The EEOC also outlined pregnant workers’ rights in the EEOC’s document “Legal Rights for Pregnant Workers under Federal Law”. The document provides an overview of the rights pertaining to pregnant workers specifically, such as special accommodations, alternative work arrangements, and the Family and Medical Leave Act (FMLA). It also highlights that any employer with more than 15 employees is prohibited under federal law from discriminating against women on the basis of pregnancy.
Not only does the fact sheet contain more details as to what is harassment and discrimination of pregnant workers, it also includes a list of potential accommodations available for pregnant women who are having issues completing their usual tasks while pregnant. For example, pregnant workers may be offered alternative work and break schedules, or the option of working from home. Accommodations may be as simple as allowing a pregnant employee to sit down to perform her job duties. In addition to these options, the EEOC reminds employers that a pregnant worker may use the Family and Medical Leave Act to take advantage of leave if she becomes unable to work due to medical status while pregnant.
The last document entitled “Helping Patients Deal with Pregnancy-Related Conditions and Restrictions at Work” provides more information for health practitioners regarding potential accommodations for a woman whose pregnancy interferes with work. This document is geared toward educating medical practitioners about the current regulations under the Pregnancy Discrimination Act and the Americans with Disabilities Act, so that medical practitioners appreciate the challenges employees face in balancing medical restrictions and the essential functions of their jobs.
Have you experienced pregnancy discrimination in Tampa?
Speak to an employment attorney immediately if you think you have experienced discrimination while pregnant. Wenzel Fenton Cabassa, P. A., is a Tampa firm of advocates for employee rights. Give us a call to set up your free confidential case evaluation today.
SOURCES:
EEOC Addresses Women’s Issues at White House’s United State of Women Summit
EEOC Issues Fact Sheets Regarding Equal Pay and Pregnancy Discrimination
EEOC Releases New Documents Regarding Pay, Pregnancy
EEOC Issues New Docs On Equal Pay, Pregnancy Bias

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

Related Posts

#### EEOC Reports Securing $525M in 2015 for Victims of Discrimination
EEOC Reports Record-Breaking Success following 50th Anniversary in 2015
The year 2015 was record-breaking for the Equal Employment Opportunity Commission (EEOC). The EEOC reported that it secured more than $525 million for victims of discrimination.
This past year was the EEOC’s 50th Anniversary since it was established on July 2, 1965 following the implementation of the 1964 Civil Right’s Act. It was also a year for record success with EEOC cases as hundreds of millions of dollars were paid to the victims of workplace discrimination.
According to the EEOC Chair Jenny R. Yang, “[t]his is a pivotal moment to renew our national commitment to combating discrimination. There is a growing awareness-across racial and ethnic lines-that we must do more as a country to address issues of equality. As we look ahead to the challenges that remain, our country must continue to invest the resources necessary to fulfill the promise of equal employment opportunity.”
The 2015 fiscal year ended on September 2015, and following this date, the EEOC published the annual performance report.
EEOC Reports for Discrimination in the Workplace
In 2015, the EEOC secured a total of $525 million for victims of discrimination in the workplace to include private as well as local, state, and federal government workplaces. Of this figure, $356.6 million was secured through mediation, conciliation, and settlements of private sector as well as state and local government places of work, and $65.3 million went to charging parties through litigation by the EEOC. The remaining figure of $105.7 million was secured for federal employees and employment applicants.
EEOC Resolved Discriminatory Company Policies
The EEOC reports that in each of these categories, the agency obtained substantial changes to discriminatory practices to remedy violations of equal employment opportunity laws in order to prevent the particular discriminatory conduct in the workplace from happening in the future.
The EEOC addressed issues such as patterns of discrimination or discriminatory practices and policies that have a broader impact across groups of people in a region, in a particular industry, or with particular groups of employees and job applicants.
Among these systemic cases, 268 investigations were resolved before filing litigation, obtaining more than $33.5 million to victims of workplace discrimination. A remaining 26 systemic cases were resolved in litigation with 6 cases to include at least 50 victims and 13 cases to include at least 20 victims of discrimination.
Through the fiscal year 2015, the EEOC filed 142 lawsuits alleging discrimination. Of this number, 100 individual suits and 42 suits including multiple victims or widespread discriminatory policies (rather than discriminatory treatment) were filed, of which 16 were systemic suits. In total, in 2015, 155 lawsuits alleging discrimination were resolved by EEOC legal staff, and by the close of the year, there were 218 cases on active docket. Among the active cases, 40 or 18 percent of these cases involved multiple victims and 48 cases or 22 percent of the total number of active cases pertained to challenges to systemic discrimination.
Record Success Rates with EEOC Cases
During the fiscal year 2015, the EEOC reported record successes with the conciliation of private workplace discrimination cases. Among these cases, 44 percent were resolved as the result of conciliations and 64 percent of systemic investigations resulted in voluntary resolutions. The final figures showed that charge resolutions had increased by 6 percent from the previous fiscal year of 2014, as the total number of resolutions increased from 89,385 in 2014 to 92,641 in 2015.
These figures reflect a full docket and stretched resources at the EEOC. Unfortunately, these reported figures and statistics do not reflect the importance the role of experienced counsel may play in the successful administration and prosecution of your private charge of discrimination. If you have filed or believe you have the basis to file a charge of discrimination with the EEOC, there are opportunities experienced legal counsel may utilize to most effectively represent your interests before this agency (and its State counterparts).
Are you or is someone you know the victim of discrimination in the workplace?
Then you need a steadfast advocate for your employee rights. The employment law attorneys at Wenzel Fenton Cabassa, P. A., fight aggressively to secure justice in the workplace. Contact WFC today for an evaluation of your case.
SOURCES:
EEOC Issues Performance Report: More than $525M in FY 2015
EEOC Issues Fiscal Year 2015 Performance Report

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Employee Guide to Leaving a Toxic Work Environment
When an employee is in a toxic work environment, it can feel nearly impossible to get out of it.
Leaving a toxic work environment does have its challenges, but it can be successful when executed correctly. Even though there are multiple concerns – such as interruptions in career trajectory, concerns about stability for employees and their families, and potential financial implications – a toxic work environment is not good for anyone.
Signs of a Toxic Work Environment
There are common themes across industries that occur in a toxic work environment. Whether you are in engineering support at a technology company or mid-level management at a digital health firm – and anywhere in between – certain types of behaviors and situations can be present that make the day-to-day ultimately intolerable.
Common signs of a toxic work environment include:
Bad Leadership
Bad leadership can come in many forms. From the micro-manager that is constantly undermining and correcting employees, making it extremely difficult for workers to do their jobs, to the manager that always blames others for mistakes, never taking responsibility for their poor performance – bad leadership can lead to a dysfunctional, unhealthy, and even toxic work environment.
Multiple Co-Workers Who Are Suffering Burn-Out
Everyone has an occasional bad day at work. But when there are rampant problems with team members suffering burnout, and many people are unmotivated to conduct and complete their projects and adhere to their responsibilities, that is a big red flag. An individual may feel like they are alone in a “sinking ship,” but there could be many employees looking desperately for a “lifeboat.” Have conversations with co-workers to see how they experience the work culture (virtual or in the office).
High Turnover
If there is a “revolving door” for employees at the company, this is another red flag for a toxic work environment. When working for a large corporation, this might be a little more difficult to discover. Keeping an eye on job boards and communicating with connections in various departments can be incredibly helpful.
Harmful Office Gossip and Online Bullying
Interpersonal dynamics at work can make a big impact on job satisfaction (or dissatisfaction). Continual office gossip that causes strife, humiliation, and difficult relationships can be a real contributing factor to a toxic work environment. If most or all the employees are working from home, online bullying may occur. Disengage any bullies as soon as possible and do not participate in gossip in company chat rooms and message boards.
No Work/Life Balance
A huge motivation for leaving a toxic work environment is little or no work/life balance. A manager may expect employees to be available 24/7 for a client issue, company meeting, or complete a project outside of normal working hours. This balance has become increasingly difficult when working in a virtual environment from home where living rooms are offices, and there is nowhere to “punch out.”
Reasons for Leaving a Toxic Work Environment
When an employee questions whether to stay and deal with a toxic work environment or move on the greener pastures, there are several key things to consider.
Poor Physical & Mental Health
A toxic work environment can take a toll on physical health. Increased stress, particularly daily, can negatively affect sleep and diet, cause headaches, and other health problems. Mental health can also be affected, causing anxiety and other related issues that can impact the quality of life.
Stalled Growth & Limited Opportunities for Advancement
Trying to enhance a career in a toxic work environment is challenging. It is not uncommon for these unhealthy workplaces to have no or low growth options for employees. All of the above signs may also affect personal performance, contributing to an employee getting stalled in their career.
When Toxic Becomes Hostile
A workplace can be unhealthy and even toxic, but that does not mean your employer is breaking the law. When employment laws are broken due to employment discrimination and hostile work environments, work situations become truly untenable, and leaving the job may not only be the right decision, it could be necessary for an employee’s quality of life.
Hostile work environments occur where an employee (or group of employees) is subject to discrimination, offensive comments, bullying, or unwanted sexual advances — creating an oppressive, intimidating atmosphere where the employee may be even fearful of going to work because of the behavior of the harasser.
These are three primary areas that cause employees to leave their job in a toxic work environment. Other situations may also act as a motivating factor to make a change.
Leaving a Toxic Work Environment
When leaving a toxic work environment, continue working hard and being mindful of taking care of physical and mental health. Doing so will create a strong “springboard” for the next position. Making the decision can even act as a mood-booster and energizer, propelling employees to take actions to find a better job and a better fit.
Current employees seeking new employment should update their resume and LinkedIn with their most recent positions, accomplishments, and skills. If there is time, professional development courses are also a good action item to increase competitiveness, including technical, leadership, and managerial courses depending on the current industry and employment level.
Bouncing back after dealing with a toxic work environment is challenging but having a strategy and action plan is an excellent start to a new type of work life. It is normal to fret and complain about a toxic work environment but doing the due diligence it takes to escape a bad situation is an ego-booster and powerful motivator.
Be selective if financially possible. Taking the first available position might be jumping right into another unhealthy situation. If others in your business network have worked for the company that has the open position, talk with them about the workplace. Remember that revolving door?
Leaving a toxic work environment leads to deeper job satisfaction, a stronger career path forward, and a much better quality of life for employees and their families.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Employee Misclassification, Overtime Exemption and the Future of FLSA Cases in 2016
Top FLSA Cases and Employment Law Updates to Watch in 2016
The year 2015 was ground-breaking for the Fair Labor Standards Act — the federal law that governs, among other things, minimum wage and overtime — and employment law in general. Employee misclassification and overtime exemptions are just two of the topics that promise to continue to be in the news and on the minds of employer and employees well into 2016.
Fair Labor Standards Act lawsuits increased by 7.6 percent since 2014, and 8,781 cases were seen by courts. There has been a 450 percent increase in FLSA cases filed across the past 15 years. This figure is expected to exceed 9,000 FLSA cases by 2016.
What are the biggest issues with FLSA cases in 2016?

Joint Employer and Minimum Wage Updates
Within the past year, the FLSA experienced a number of wage and hour suits concentrated in the retail and hospitality industries. The fight for a higher minimum wage moved across the nation. There are serious changes to “joint employer” status involving many franchised businesses. Businesses like McDonald’s and related partners may now be classified as joint employers with regulations that are to be defined even further in 2016. The case of Browning-Ferris set new standards to determine if two entities are considered joint employers:
With this new NLRB standard, two or more employers are considered “joint employers” if (1) there exists a common-law employment relationship with the employees in question, and (2) the putative joint employer possesses sufficient control over employees’ essential terms and conditions of employment to permit meaningful collective bargaining.
In addition, twelve states are set to increase minimum wage in January 2016. Alaska, Arkansas, California, Colorado, Connecticut, Hawaii, Massachusetts, Michigan, Nebraska, Rhode Island, South Dakota, Vermont are all on the list to start the year with a higher minimum wage.
Misclassification Disputes
One of the main issues in 2015 was employee misclassification. This problem stems from new federal labor regulations that brought focus on the classification of independent contractors. Ben Weber, an employee-side attorney of Lichten & Liss-Riordan PC in Boston representing drivers of Uber reported to Bloomberg BNA on November 25th, 2015 that misclassification of independent contractors or an employer’s effort to shift the cost of labor onto employees remains a contributing factor in the rise of FLSA lawsuits.
Lichten & Liss-Riordan represent drivers in lawsuits against Uber Technologies and Lyft Inc., and at the core of these cases, lies the legal distinction between an independent contractor and an employee. Some are calling the rise of “independent contractors” the return of the “gig economy” or what is also referred to as the “freelance economy”, as misclassification was a topic of heated debate in 2015. The argument on the drivers’ side is that as independent contractors, they are being deprived of employee benefits including unemployment, workers’ compensation, overtime pay, and benefit packages available to other employees, not to mention the additional taxes these “contractors” have to pay. Employers defend against these claims stating that the flexibility of work hours and locations and the ability to work for other companies qualifies Uber drivers as independent contractors.
A trial has been set by a California federal judge for June 20, 2016 to determine the employee status of Uber workers. This is one of the top FLSA cases to watch in 2016.
Amendments to Overtime Exemption
This year, the Department of Labor will issue rules on the new regulations for the FLSA overtime exemption rule. This overtime exemption rule would raise the minimum salary required to qualify for overtime exemption from $23,660 to $50,440 annually. Following this proposal, the Department of Labor has received nearly 300,000 comments and will issue a final rule in July 2016.
Employee rights lawsuits were on the rise in 2015 and this number is predicted to increase with an increase of FLSA cases in 2016.
Are you or someone you know the victim of FLSA violations? Then contact an employee rights attorney with experience in misclassification and overtime exemption cases. Get an evaluation, and call Wenzel Fenton Cabassa, P. A., today.
 

SOURCES:
Uptick FLSA Litigation
Collective Actions Under FLSA and Away 2016
Department of Labor Publishes Proposed Amendments to Overtime Rules
These 12 States are Starting 2016 with a Higher Minimum Wage
Decoding the NLRB’s New Joint Employer Standard
Uber Drivers to have their Day in Court




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Employee Rights 101: Complaints vs. Refusal to Work
The intricacies of employee rights can be confusing. Many workers wonder what the boundaries are when it comes to safety, how much they are expected to work, and getting paid appropriately, among other issues. Employment law encompasses many complexities, but understanding the basics surround important issues relevant to you will help you make the best decisions in the workplace.
When Can You Refuse Dangerous Work?
Are you concerned about the working conditions at your job? Generally speaking, you can refuse to do work that you feel is dangerous — but that does not mean that you will be protected from getting fired or other types of retaliatory efforts by your employer. The Occupational Safety and Health Administration (OSHA) has specific regulations regarding safety and an employee’s protection from retaliation from their employer for refusal to perform a specific task or tasks related to your job.
The first thing that OSHA recommends you to do is to go to your employer to let them know of unsafe or unhealthful conditions. It is your right to file a complaint with OSHA at any time, but that does not mean you should leave the worksite or refuse to perform an assigned task. If you believe the conditions at work present a risk of serious physical harm or death, where that is not enough time for OSHA to inspect the job site, you may have the legal right to leave a place where you would be exposed to a particular hazard or refuse to perform a specific unsafe task.
Since the COVID-19 pandemic has ravaged the United States, these regulations have been enlarged and amended in an effort to cover issues unique to the pandemic. In addition, guidelines have been issued interpreting the regulations. OSHA now has guidelines regarding Personal Protective Equipment that provides standards and requirements for employers to follow. These requirements are intended to promote as safe of a workplace as possible for employees.
Do Employees Have a Right to Question or Complain About Safety, Wages, and Other Rights?
As mentioned above, if you have a safety concern, it is recommended to go to your employer regarding the issue. Even if your employer is uncomfortable about the situation, you have a right to question unsafe practices and voice objections. If the complaint is not addressed appropriately, then an OSHA official complaint may be the next best step.
You also have the right to go to your employer if you feel you are not being paid appropriately for time worked. Wage and hour disputes can include:

Failing to pay wages on time
Failing to pay overtime rates or withholding overtime pay
Withholding salary or wages over a specified time period
Issues with wage garnishment
Failing to pay minimum wage

Other complaints may include unpaid overtime or issues involving employment contracts.
Unfortunately, it is not uncommon for employers to retaliate against employees either when they come to them with an unofficial complaint or due to an official complaint filed with OSHA or other types of employee rights cases. If you feel you have been retaliated against because you have questioned unsafe working conditions or made any type of complaint, consult with an employment attorney to determine your best legal options. The timeframe within which to lodge a complaint of retaliation with OSHA is very short-as short as 30 days from the date of the retaliatory action- so swift action on your part is needed to protect your rights.
Take Action if You Feel Your Employee Rights Have Been Violated
Have you contracted COVID-19 on the job? You may have a case against your employer. Contact an employment attorney as soon as possible. There are statutes of limitations for filing a case.
Have you made a complaint about unpaid wages or unpaid overtime and were retaliated against? You have a right to fair wages and equal treatment on the job.
Wenzel Fenton Cabassa, P.A. works with employees across the state of Florida when their employment rights have been violated. We are the employee’s law firm – fighting for your rights against powerful employers.
Contact us today for a free case evaluation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Employee Rights 101: Guide to EEOC Violations
Violations of the laws administered by the EEOC (and State agencies which administer state employment laws) are a threat to employees everywhere. From retail to healthcare, workers are subjected to discrimination and retaliation in the workplace. But the Equal Employment Opportunity Commission (EEOC) and their state equivalents is the first stop as you seek protection and strict, severe punishment for such violations.
Employment law is complicated, so it is important for workers to have a general understanding of the necessary processes involved with filing a claim — and what it takes to prove one.
Here is our guide to EEOC violations to help you understand how to do just that.
 
What Constitutes an EEOC Violation?

Under the laws administered by the Equal Employment Opportunity Commission, the federal agency that handles claims against employers for discrimination and retaliation, a violation occurs when an employee (or applicant) is discriminated against “because of that person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.” The EEOC administers several laws, including but not limited to Title VII, The Age Discrimination Employment Act, and The Americans with Disabilities Act, among others.
Did you get fired for reporting violations of these laws? This is called workplace retaliation. The EEOC also handles cases of retaliation, which may include someone getting fired or demoted for reporting discrimination; losing benefits or getting a reduction in wages/salary; or not receiving a promotion, among other situations.
 
What Are Some Examples of EEOC Violations?
There are a wide variety of actions that can occur that would constitute an EEOC violation.
Some examples include:

Not hiring someone for a job specifically due to their race
Sexual harassment in the workplace
Denying a woman for a promotion because she is pregnant or may become pregnant
Not providing reasonable accommodations for a person’s religion/religious practices
Forcing someone to retire or quit because of their age
Not providing reasonable accommodations for a person with a disability

If you believe you have been discriminated against in the workplace and are covered by the parameters of the EEOC, it is recommended to consult an employee rights lawyer to determine your best legal options.
 
How Do You File an EEOC Claim?

A claim of discrimination or retaliation can be filed in several ways: in person at a local EEOC office, by mail, or online. You can even start the process over the phone. Timing is of the essence, though, because there are statutes of limitations on EEOC violations.
You do not have to quit or have been fired to file an EEOC claim. You can go to the EEOC if you are still employed at the job where it happened.
It is important to file a claim that is thorough, accurate, and explained in a convincing manner. An employment law attorney can help you through the process of filing a claim to ensure that your rights are protected and represented.
 
How Do You Prove EEOC Violations?
Winning a case takes diligence, strategy, and expertise. Know that you do not have to necessarily go to court. Often an employee rights lawyer will act on behalf of the employee in negotiations with the employer. This process may include mediation. Your employer will most likely have a lawyer or a team of lawyers, and having an employment lawyer to lead as your legal advocate drives the best possible outcome.
The more detailed information that you have to prove the EEOC violation, the stronger your case will be. Any documentation you have can be very useful: emails, texts, voicemails, memos, relevant employee records such as reviews, schedules, pay stubs, or personal documentation of what occurred with location, approximate time, and date. If you think you do not have enough documentation, it is still important to consult with an attorney. You may have more evidence than you think.
Other resources that may prove valuable include eyewitness testimony from co-workers who are aware of your situation. But this can be complicated, so be sure to consult your attorney prior to taking that step.
 
What Kind of Penalties Are There for EEOC Violations?
As we mentioned above, a violation of the laws administered by the EEOC is serious business. If a claim is proven, the EEOC may elect to file suit against the employer, although this occurs very rarely. The employee can receive compensation for what happened. There may also be additional damages awarded to the employee (or applicant) depending on the situation.
Other results can include the employee getting their job back or receiving the promotion that they should have if they had not been discriminated against.
 
How Long Does the EEOC Process Take?
There are several factors involved that can affect the time that the full EEOC process takes. First, it depends on the type of claim. Once the investigation starts, the company is required to provide documents and statements to the EEOC. There may also be interviews or inspections of the workplace. Some employers are more willing and timely in their cooperation with investigations into EEOC violations.
An important note: the EEOC contacts the company within ten days of the filing of the complaint. Many cases go to mediation and not to a court of law. If you and the employer choose not to use mediation, then the EEOC will continue its investigation.
The outcome options of the investigations: the EEOC may conclude that there is reasonable to cause to believe a violation occurred. They may conclude there is no reasonable cause to believe a violation occurred. If cause is found, they will attempt to resolve the claim through conciliation. Many times, however, the EEOC will not be able to make this determination within 180 days of the filing of the charge and you may proceed to litigation, a private action in the appropriate court. You do not need to wait for a finding which may take years, depending on the workload at the EEOC, the complexities of your case, and other factors. You can also seek a right to sue letter during the course of the investigation and proceed with litigation at that time. A finding by the EEOC either for you or against you does not mean the end of the road in every case. However, a finding of no-cause can be to your disadvantage if litigation is initiated after that finds are entered. If you think this process is confusing, you are correct. An employee rights lawyer can help guide you to make the best legal decision moving forward before a charge is even filed with the EEOC.
Important note: the typical time frame to file a lawsuit under the federal laws administered by the EEOC, if appropriate, after the EEOC decision is 90 days.
 
Taking the Next Step
This guide is intended to provide employees with general information about EEOC violations. If you believe you have been discriminated or retaliated against at your workplace, know you have legal rights to protection under the law. Taking the next step to pursue justice is your right as an employee, regardless of what a bullying employer might tell you.
Contact Wenzel Fenton Cabassa, P.A. today to set up a free case evaluation.
We fight hard for your rights.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Employee Rights in Jeopardy During COVID-19 Pandemic: Workers Not Being Paid For Necessary Time Off
Employee rights are in jeopardy during the COVID-19 pandemic. In this critical time of a combination of public health and economic crisis, many employers across the country have not been paying their workers for necessary time off demanded by law due to COVID-19 testing and quarantine needs.
Coronavirus Legislation That Protects Workers Rights
Faced with unprecedented times, Congress passed legislation in March 2020 that was signed into law by the president to protect American workers during the coronavirus pandemic. The Families First Coronavirus Response Act (FFCRA) directs certain employers from small to medium-sized businessesto pay an employee’s full salary for two weeks if they become infected with COVID-19.
In addition, the FFCRA prohibits these employers from firing their workers who need to take leave for testing and necessary time off for quarantine until they can make it back to work.
Unfortunately, many employers – either through not having an understanding of the law or through direct defiance of the law – are not paying their employees appropriately and even firing them for taking time off needed due to being exposed, being sick, or needing to take care of their children.
Has your childcare provider closed because of the pandemic? The FFCRA also guaranteed working parents ten weeks off at two-thirds pay. The federal government offers qualified employers a tax credit to allow working parents the time off to take care of their children
It is important to understand the parameters of the FFCRA. Employees that are not covered under this specific legislation include those who work for an employer with more than 500 workers, businesses with less than 50 employees, and healthcare workers and first responders.
Employees Across Industries Not Getting Paid

Hundreds of businesses in multiple industries have been cited for not following the guidelines of the FFCRA. According to a report from the Center for Public Integrity, a nonprofit, nonpartisan newsroom focusing on the influence of money and the impact of inequality on our society, the violations of this labor law amount to approximately $690,000 of unpaid wages to 527 employees. These are ones that have been reported, but there potentially could be much more. Of the known violators, they include high-profile employers such as:

McDonald’s franchises
Comfort Suites by Choice Hotels
Courtyard by Marriott
Red Roof Inn franchises

Additional violators of the federal paid leave law, the FFCRA, include Popeye’s, a Holiday Inn Express, California Farms, and the United States Postal Service.
These violations of labor law affect the well-being of families and cause financial harm, emotional and physical stress, and can have long term effects — particularly to those who have been fired from their job. This can have a huge impact on housing, health, and the ability of workers to feed their families.
Employment Law Attorneys Fight for the Rights of Workers
Unpaid wages, during “normal” times, negatively affect families in Florida and across the United States. During the global pandemic of COVID-19, it can be even more devastating — particularly if an employee is fired in violation of the law. The economy is tough right now. It is important to know that employees have rights not only under the FFCRA but also through multiple laws administered by the Department of Labor.
At Wenzel Fenton Cabassa, P.A., we are dedicated employment law attorneys fighting for the rights of workers across Florida. We aggressively advocate for your rights against powerful employers that violate the FFCRA and other laws.
From unpaid wages to wrongful termination and other employee rights issues, our attorneys are passionate about defending the rights of employees. We know what it takes to hold powerful employees accountable for violations of employment law and are here to help.
If you have not been paid for time off for testing and quarantine and are covered under the FFCRA, contact us today for a free case evaluation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Employee Rights News: Florida's Minimum Wage INCREASING in 2019
Have you heard the latest important news for Florida workers? The minimum wage in Florida is going up in 2019. This development will boost the wages of many employees in hospitality, retail, restaurants, and other industries.
Here is what you need to know:
 
The Change in the Minimum Wage in Florida
Currently, the minimum wage in Florida is $8.25/hour. Employees who receive tips are making $5.23/hr. But the Florida minimum wage in 2019 is going up 21 cents. What that means to workers is that you should keep a close eye on your paycheck and make sure that your employer is following the new law and the increase in the minimum wage rate.
According to the Florida Department of Economic Opportunity (FDEO), if you are currently earning minimum wage, you should see the hourly rate increase to:

$8.46/hour
$5.44/hour (tipped workers)

 

Know Your Rights to Fair Wages
It is not uncommon for employers to try to increase their profits by not paying employees a fair wage. It happens all the time — not only in Florida but across the country too. Know you have the right to earn a fair wage. You also have the right to hold your employer accountable for paying you and your co-workers the correct minimum wage in Florida.

But also know that not all employers have to follow minimum wage laws enforced by the Florida Department of Labor. Many employees of smaller businesses (with gross revenue of less than $500,000 per year) are not covered under the Fair Labor Standards Act (FLSA) — typically referenced as “enterprise” coverage. There are some exceptions when it comes to being covered under the minimum wage law. Since there is a broad, liberal interpretation of the FLSA, employees of small businesses can often be covered under an “individual” status.
We know that employment law can often be confusing to workers, but the attorneys at Wenzel Fenton Cabassa P.A. are here to help. We fight for the rights of employees across Florida every day — including those seeking fair compensation with the minimum wage in Florida. Our attorneys have vast experience in employee rights and employment law and have helped thousands of people just like you to hold employers accountable to the full extent of the law.
 
Moving Forward in 2019
Take action in 2019 to make sure you are earning what you deserve under the law. If you are currently earning minimum wage, watch your paycheck closely to see if you get the raise in your check. If your employer does not comply with the changes to Florida minimum wage in 2019, contact Wenzel Fenton Cabassa P.A.
Our firm works with minimum wage disputes, as well as other comprehensive areas of employment law including Discrimination, Wrongful Termination, Unpaid Overtime, violations of the Family Medical Leave Act (FMLA), and more.
We offer free case evaluations to discuss your situation. When employees want workplace justice, they call us. We’re the employee’s law firm— a tireless legal team fighting for your rights.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Employers Can Prohibit Employees’ Marijuana Use in Colorado
As marijuana becomes legal in many states, one question remains: Can employers prohibit their employee’s from using marijuana?
In Colorado, the answer is “yes.”
On June 15, the Colorado Supreme Court unanimously held in Coats v. Dish Network that employers can discipline and terminate employees who test positive for the drug, even though recreational and medical marijuana use is allowed in the state. The reason
The reason? It’s still illegal on the federal level.
According to a Washington Post article advocates of reforming drug policy say the case highlights “the problematic gray areas that exist between state and federal law,” which often are in conflict.
The federal government still categorizes marijuana a Schedule I substance, which the Drug Enforcement Administration considers to include “the most dangerous drugs.”
In Florida, marijuana use is still prohibited. A constitutional amendment to allow medical marijuana was unsuccessful on last year’s ballot, though supporters are working on trying again in 2016. Once that happens, a similar employment question could be raised in Florida.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Employment Discrimination: 4 Things You Need to Prove Your Case
Sadly, employment discrimination is all too common. In our years of experience, we have seen plenty of hardworking people get mistreated by employers they trusted. If that is happening to you, it’s important to understand what’s needed to prove employment discrimination cases. The Equal Employment Opportunity Commission (EEOC) and the Courts won’t just take your word for it.
What to Do If You’re Being Discriminated Against At Work
The law doesn’t allow you to go straight to the Court system and file a case against your employer. Instead, you must file an employment discrimination complaint or claim with the EEOC. You have a limited amount of time to do this. Don’t put it off if you feel you’ve been discriminated against.
Once the EEOC receives the complaint, they will look at it and make a decision. Assuming they don’t decide to pursue a case on their own, you may be able to file a case at that time. We’ll begin here after you’ve filed the complaint and while you’re preparing your case.
How to Prove Your Employment Discrimination Case
Ideally, you have been working with an employment discrimination attorney all along during the EEOC investigation process, but if not, this is where you need to have one, and these are some of the forms of proof you’ll need to be prepared with:

Motive
Inequality
Discriminating “Neutral” Policy
Documentation & Physical Evidence

Motive
The most difficult part of proving an employment discrimination case is establishing that your employer was motivated by a desire to discriminate against you for:

age,
gender,
race,
religion,
nationality, or
any other protected class

In an at-will state, an employer can fire you for any reason, including the silly fact that she hates your choice of hats, and she is perfectly justified to do so. However, if that “hat” is a religious head covering, you’ve just been discriminated against, and that’s illegal.
Proving motive can be as easy as hearing your employer give a discriminatory reason for his or her actions or it may require uncovering information that proves everyone else was treated one way and you another.
Example: Imagine an employee, Sam, who practices a specific religion requiring him to pray at certain times during the day. Despite the company’s flexible schedule policy, his requests for short prayer breaks are consistently denied, while similar requests for non-religious breaks by other employees are approved. Evidence such as emails from management denying these requests specifically because of their religious nature could be used to demonstrate a motive for religious discrimination.

Inequality
An employer cannot treat you differently based on the color of your skin, your sex, your disability, your illness, or your religious needs, for example. If your employer lets all of her Catholic employees go to mass on Ash Wednesday in the middle of the day but prohibits you from attending a religious service on a holy day of your faith, that’s discrimination. It doesn’t matter if she follows your religion. If she treats you in a way that she does not treat others, that is unlawful.
Example: Imagine an employee, Jordan, who wears a hijab, being excluded from client-facing roles due to “company image concerns,” while colleagues with similar qualifications but without religious headwear are promoted. This selective advancement policy underscores a clear case of inequality based on religious expression. It is important to keep a record of any such instances.

Discriminating “Neutral” Policy
Sometimes, employers have what is labeled a neutral policy. It’s not exactly a job requirement, but it may be listed as such. For instance, years ago, a fire station in a relatively rural area required job candidates to carry 75 pounds of hose on their back and run up six flights of stairs. In the area they served, there were no buildings higher than three flights, so unless they answered a call in a town over 40 minutes away, their firemen would never have to actually perform this job duty. This was found to be a discriminatory hiring practice against women since it wasn’t actually something they would need to do in the line of duty for that fire station.
Example: Imagine a tech company enforces a policy requiring all employees to be physically present in the office, citing collaboration needs. However, this policy disproportionately affects employees with disabilities who have been successfully working from home, showing no impact on their productivity or collaboration. It is important to keep a record of such policies.

Documentation & Physical Evidence
Workplace discrimination has serious consequences. It can dramatically affect employees and their families — and employers should be held accountable. Proving discrimination in the workplace is all about documentation, and there are multiple types of documentation that may be used to prove your case.
Company Policies & Employee Handbooks
When employees are first hired into a company, they are often given packets or booklets of information that describe a variety of policies, including ones that detail anti-discrimination policies. Anything that you have like this should be kept and can be utilized for your case. Some employers will not have handbooks but will post flyers in the breakroom regarding their policies against workplace discrimination. If possible, obtain a copy of that for your records.
Personnel Files
An employment record will need to be made if you file a case. Personnel files contain key information such as performance reviews and any potential disciplinary reports. If you are unable to obtain your personnel file, an employee rights lawyer will obtain a copy of your file on your behalf. Also, if you have any personal copies of any work-related documents at home – save them.
The types of physical evidence that can act to prove harassment or discrimination can vary. This may include things like offensive physical pictures (or pictures sent to you via text, email, or social media). For example, this is not an uncommon tactic for people who sexually harass their employees. Other types of physical evidence could be offensive handwritten notes, jokes, or comments. If you have received offensive emails or other types of virtual communications, make sure to save those too.
Personal Journals or Diaries
It is not uncommon for employees to keep personal records of unwanted and unlawful behavior at work. Know that if you are currently experiencing harassment, you have the right to say no. If it is still ongoing, document everything and speak to an attorney as soon as possible. Record everything in a personal journal or diary with as much detail as possible – dates, times, what happened, who it was, and any further details. If you do not have a personal journal or diary of the events that took place, that does not mean you do not have a case. You may have more evidence to prove discrimination in the workplace than you think.
Medical and Mental Health Records
If enduring discrimination in the workplace has inflicted personal harm to you, whether physical or emotional, and you have needed to seek help, these records could prove valuable to your case. For example, if you began having high blood pressure after the discrimination took place, this would be important to document in your case. Additionally, if the stress of harassment or discrimination in the workplace has affected your personal mental health and you have sought out help from a counselor or other professional, these records could also prove to be important.
Witness Information
Do you believe there were any witnesses to the harassment or discrimination? If so, your employee rights attorney could find their contact information very helpful. A note: consulting with your attorney prior to approaching potential witnesses, if that has not already occurred, is a good idea due to the sensitivity of the situation.
Training Records and Evaluations
Documentation of training sessions, workshops, and any professional development activities can serve as vital evidence. Records showing you attended anti-discrimination training, along with evaluations that highlight your understanding and compliance with workplace policies, can support claims that you were proactive about fostering an inclusive environment. Conversely, if an employer fails to provide such training or unfairly assesses your performance in these areas, it might indicate a discriminatory practice.
Emails and Internal Communications
Emails and other internal communications can be crucial for proving discrimination. This includes not only direct messages that might contain discriminatory remarks but also email chains that show you were systematically excluded from meetings, discussions, or decision-making processes relevant to your role. Documentation of any complaints made to HR or management about discriminatory practices, and the responses received, can further strengthen a case by demonstrating awareness and inaction or inappropriate action by the employer.

Working With an Attorney to Prove Your Case
There’s a lot more to employment discrimination cases than what we presented here, and that’s why if you think you’ve been discriminated against, you should talk to someone who can help you sort out the details of your experience. Contact the Florida employment discrimination attorneys at Wenzel Fenton Cabassa, P.A. today.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Employment Discrimination: Are You Part Of A Protected Class?
Unfortunately, employment discrimination is a common problem in the United States. In fact, research suggests that 61% of all workers have experienced it at some point in their lives.
If you have experienced discrimination in the workplace, you should protect your legal rights as an employee. However, the range of available remedies will vary based on whether you are a member of a protected class or not.
In this article, we will answer the question, “what is a protected class?”, we discuss whether you belong to one, and give you some examples to help you figure out whether it is time to contact an employment law attorney.
What is a protected class?
When Congress passed the Civil Rights Act of 1964, a section of the legislation was designed to prevent and punish discrimination in the workplace. The goal of the employment law protections of Section 7 of the Civil Rights Act is to protect groups of people who had historically been discriminated against the most by their employers, which is where the term “protected class” originated.
A protected class is a group of people who have special legal protection against discrimination in the workplace based on specifically identified traits.
Here are the major types of protected classes in the United States. This list is not all-inclusive. State law and local ordinances may offer additional protections.
Age
An employer cannot discriminate against you if you are 40 or older, which was established by The Age Discrimination in Employment Act of 1967.
Gender
Employers cannot make decisions about your employment on the basis of gender, including protection for people who are transgender and non-binary.
Pregnancy
You also cannot be discriminated against on the basis of being pregnant. If an employer fires you or reduces your pay, or takes other adverse employment action against you, because you are pregnant, you could have a legal remedy available to fight back.
Race
Race is another protected class that limits how employers may treat you. An employer cannot discriminate against you for either outward expressions of race (like skin color) or assumptions about your race (like the texture of your hair).
Religion
It is also illegal for an employer to discriminate against someone on the basis of religion, including the wearing of religious clothes or the need for accommodation in order to exercise their religion.
National Origin
You cannot be discriminated against based on the country that you were born in either.
Physical or Mental Handicap (Disability)
If you have a physical or a mental handicap, an employer cannot use it as a basis for a decision about your employment status.
Whistleblower
Whistleblowers are employees who provide information about their employer having committed an illicit act and are also considered a protected class.
Who is not protected?
Any groups not included in the list above are not members of a protected class. They may still have protection against workplace injustices, but they will not receive the same direct protection that members of protected classes get.
For example, none of the following traits are specifically federally-protected classes:

Education Level
Undocumented Immigrants
Criminal Record
Political Party

However, just because you are not a member of a federally-protected class does not mean you do not have enhanced protection under state laws. Some states offer extra protection based on sexual orientation, political ideology, and other traits.
Understanding Discrimination vs. Harassment
Discrimination and harassment have two different meanings within the context of employment law. An employer can be sued for either, but the specifics of your case will depend on whether you have been discriminated against or harassed. We will take a closer look at these two terms in this section.
What is employment discrimination?
Discrimination occurs when your employer takes an adverse employment action against you based on your membership in a protected class.
An adverse employment action is something that has a concrete and negative effect on your employment. It can include, but is not limited to, the following actions:

Denial of a job
Denial of a promotion
Reduced hours or wages
Being fired
Being demoted

If you have experienced one of these actions and you suspect or know that it was on the basis that you belong to a protected class, then there is a good chance that you were illegally discriminated against.
What is harassment in the workplace?
Harassment is any type of hostile conduct in the workplace based on your membership in a protected class. It differs from discrimination in that it does not require an adverse employment action to qualify for legal protection.
Instead, if the conduct is so severe and pervasive that it interferes with your ability to do your job, you may have a claim. Harassment may ultimately end with an adverse by the employer or a “constructive discharge,” meaning you had no option but to leave to escape the harassment.
Examples of Employment Discrimination Against a Protected Class
Sometimes the easiest way to understand a legal topic such as employment discrimination is to look at a few examples. So here are three scenarios to bring the ideas of workplace discrimination and harassment to life.
Scenario 1
You have a job interview during which the interviewer makes a negative comment about your religious garb. You do not get the job and find out later that the employer hired someone with much less experience than you.
In this scenario, you may have a case for employment discrimination on religious grounds.
Scenario 2
You are a member of a minority racial group, and you constantly hear your boss, supervisors, and coworkers making jokes about that racial group at work. Although you are one of the most skilled workers on your team, you repeatedly get passed up for promotions favoring workers of a different racial group with less experience.
In this scenario, you could have a legal claim based on racial discrimination in the workplace.
Scenario 3
Now, imagine that you recently got pregnant and started telling people about it at work. A few days later, your boss calls you into the office and tells you that they are going to demote you because they cannot rely on you during your pregnancy.
In this case, you would likely have a remedy available to you on the basis of pregnancy-related discrimination in the workplace.
When to Contact an Employment Law Attorney
If you are a member of a protected class who has recently been discriminated against or harassed in the workplace, now is the time to contact an employment law attorney. Even if you are not sure whether your case qualifies for legal protection or not, an attorney can evaluate its details and let you know.
Wenzel Fenton Cabassa, P.A. can help. We stand up for employees who face discrimination at work and provide you with a free case evaluation to help you strategize.
Get in touch with us today to schedule your confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Employment Law Cases: Why Destroying Evidence Could Destroy Your Case
Many pieces of evidence can potentially be relevant in employment law cases. If you are a plaintiff, one of your primary responsibilities is to make sure relevant pieces of evidence are preserved. You could substantially harm your chances of achieving the desired outcome if you destroy evidence, particularly if you destroy evidence that you think may hurt your case. You’re much better off maintaining all materials even vaguely related to your claims.
The following points will help you better understand why the destruction of evidence must be avoided. If you want to win your employment law case, keep them in mind.
 
Destroying Evidence Means Your Claim May Be Dismissed
When filing a lawsuit or complaint, you need to preserve all relevant evidence while your case ispending- and even before you file the case. If you are tempted to destroy certain pieces ofevidence because you think that having that evidence “disappear” is in your best interest, do not do it. Doing so could severely impact your claim.

For instance, perhaps you filed a complaint against your employer because you believe they terminated you due to your race, gender, age, or other discriminatory reason. However, your employer is stating the reason for your termination is repeated behavior issues. Deleting an email or text in which your employer brought up these issues at a point before your termination would thus qualify as “ spoliation of evidence.”
The consequences for spoliation of evidence can be dire. Under Florida employment law, failing to maintain all relevant evidence could even potentially result in your case being dismissed entirely. It is the plaintiff’s duty, when filing a complaint or lawsuit, to ensure evidence relevant to their case is not lost or destroyed.
Do not worry if you are not sure whether a piece of evidence is relevant or not. While you should refrain from destroying or tampering with evidence, you should consult with an employee rights attorney who is familiar with Florida labor laws. They can help you better understand what constitutes evidence as it relates to your case.
 
It Is Likely Your Destroyed Evidence Will Be Found
Some people may read this advice and still believe destroying evidence is their best course of action to ensure a desirable outcome in important legal cases. In some instances, they think that it will not be possible to prove a piece of evidence was destroyed because it will be impossible to find. For example, if you delete a social media post you think will hurt your case, unless your employer already has a printed copy of the post on hand, they will never be able to recover it. That means they will never be able to prove you destroyed evidence in the first place, right?

Do not make this mistake. Advances in digital forensics have made it much easier for investigators to recover deleted evidence, even on Facebook. After conducting tests, examiners have found that artifacts related to removed content can still be retrieved via a user’s devices. If there is reasonable suspicion that you have deleted evidence, investigators may be granted access toyour devices, which they can use to find that evidence. If this occurs, there is a good chance your case will be dismissed.
 
How to Avoid Destroying Evidence
The best way to avoid any complications resulting from destroyed evidence is to work with an  employment law attorney who can explain which materials need to be preserved. That said, there are specific general points worth keeping in mind if you want to avoid sabotaging your case. You don’t want your case to be dismissed because you destroyed materials you didn’t know qualified as relevant evidence.
First, unless your attorney gives you permission, refrain from deleting any and all digital filesacross your various devices and accounts. It is best to check with your lawyer first to confirmmaterials are irrelevant.
Additionally, if you periodically delete files to make space on your devices and accounts, you should, at the very least, make backup copies of everything (even if they are physical print-outs). If you delete files that do not constitute evidence or if you engage in any behaviors that could make it appear as though you’re trying to delete evidence, it could have a negative impact on your case.
You might also be required to find evidence but you honestly do not know the location of that evidence. If you find yourself in this situation, be sure to document all the attempts you made to find and preserve the evidence. This is another task a labor and employment law attorney can assist you with if you are not confident you know how to document these efforts properly.

It is also highly likely you and/or your attorney will have received a letter or similar document outlining the overall scope of the evidence you are required to preserve. Review this carefully, and discuss it with your lawyer if you have any questions. The purpose of the document is to let you know what kinds of materials you must avoid destroying. By reading it carefully and coordinating with a legal professional, you will have a better understanding of what you cannot delete or destroy.
Keep in mind that there may be instances in which an outside party must review evidence during the course of a case. Your duty to preserve evidence is still in effect even if you turn it over to such a party for analysis or examination. This is another reason to work closely with an attorney who handles employment law cases. They will know how to adequately supply examiners with the necessary pieces of evidence while limiting the risk that they may be lost or accidentally destroyed.
 
Boost Your Odds of Success
Your goal is to win your case or reach the best possible settlement. However, you should not let this cloud your judgment. Understand that when you are required to maintain evidence, that applies to all relevant evidence, and not merely the materials you believe will strengthen your case. You may no longer have a case at all if you destroy evidence.
That may be true even if you claim you didn’t realize the materials you destroyed were relevant. Remember, the best way to avoid this outcome is to hire an experienced employment law attorney. With expert help, you’re less likely to make the kinds of mistakes that can ruin a case.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Employment law, pregnancy and maternity leave in Florida: What are your rights?
Many people think that employers can arbitrarily fire employees who become pregnant, on the grounds that they will either miss too much work or are no longer physically able to do their jobs. In some cases, that’s actually true. However, in others, pregnant women do have legal protection against employment discrimination and unfair termination under both federal law and Florida law.
Florida Pregnancy Laws: Your Pregnancy and Maternity Rights in Florida
Pregnancy Discrimination Act
At the federal level, the Pregnancy Discrimination Act (PDA) specifies that your employer can’t discriminate against you in the terms of your employment just because you’re pregnant. For example, if you’re physically able to do your job during your pregnancy, then your employer has to allow you to do so for as long as you are able – even if that’s right up until the moment you head to the hospital. The PDA also requires any pregnancy-related health benefits to be offered to all employees, regardless of their marital status. However, not all businesses are subject to the requirements of the PDA. The law only applies to companies with 15 or more people – so if you work for a smaller company, you’re not covered by these protections.
Family and Medical Leave Act
You may be more familiar with the Family and Medical Leave Act (FMLA). The FMLA requires companies with more than 50 employees to grant 12 weeks of unpaid medical leave per year. This leave can be used as maternity leave, as well as for certain other medical conditions. Just like the PDA, the FMLA has a few strings attached. For one thing, there is that size restriction mentioned above – only companies with 50 or more employees are subject to the law’s provisions. Second, you can only take advantage of it if you’ve been at your place of employment for over a year and have logged at least 1250 working hours over that time. Third, under the FMLA, your employer may require you to use accrued leave as part of your medical leave – so if you’ve been saving up your days for a vacation, you might have to give some or all of those back. Of course, if your employer does require you to use accrued leave for your maternity leave but doesn’t generally require the same thing of employees who are using the FMLA for other reasons, you may have a valid claim of discrimination under the PDA, and you should consider consulting an expert in employment and labor law.
How do I take leave under the FMLA?
There is a process you will have to follow in order to take maternity leave under the FMLA:

First, be sure to give your employer 30 days written notice before taking leave.
You must provide proof of medical necessity, and a note from your doctor isn’t going to cut it. Ask your doctor what documentation she generally provides in these situations, and ask your employer what sort of documentation they expect. Your employer is entitled to a second or third medical opinion, but you aren’t responsible for paying for those.
Stay in touch with your employer regarding your intention to return to work. If you don’t respond to them when they try to check in with you, that may be grounds for termination.
Sometime during your first two days back at work, inform your employer that you wish to have your maternity leave counted as FMLA leave.

State-level protections from pregnancy discrimination in Florida
Florida law is a bit weaker than federal law when it comes to pregnancy discrimination. The Florida Civil Rights Act doesn’t specifically cover pregnancy, but it has been used to address claims of pregnancy-related discrimination over the years. Like the PDA, however, it only applies to organizations with more than 15 employees. In Florida, there is no state law mandating that any employer provide maternity leave at all. Pregnant women workers can be fired for missing too much work because of their pregnancy, as long as their employer isn’t subject to federal laws like the FMLA. But the employer must then have a similar policy that is applied equally to everyone who misses a certain amount of work, regardless of the reason. If not, then those actions may run afoul of the PDA.
What to do if you think you’ve been discriminated against
If you feel you’ve been discriminated against based on your pregnancy, you do have options available to you. However, they’re neither quick nor simple, and there’s never any guarantee of success. You will have to file a claim, either with the US Equal Employment Opportunity Commission for federal claims, or the Florida Commission on Human Relations for state-level claims. There is a clock attached to both: you have 180 days from the date on which the discrimination occurred to file a claim with the EEOC, and 365 days to file with the FCHR. You have to do this before you go to court – it’s not an optional step. After those agencies reach a determination, you can go to court if that’s what you and your attorney feel is the best route. However, there’s a clock running here too – you have to file within 90 days of the EEOC determination (for a claim in federal court), or one year of the FCHR determination for a state court claim. It’s usually a good idea to seek out employment lawyers for advice and guidance during this process. Wenzel Fenton Cabassa, P.A., has helped thousands of Floridians navigate the tricky and confusing waters of employment law, and we’d be more than happy to speak with you as well.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Employment Rights During a Hurricane in Florida
Hurricane Ian led to thousands of families losing their homes. During the chaos, Florida workers faced significant employment dilemmas that directly threatened their safety and employment. Natural disasters can put employers and their workers at odds with various fashions.
Fortunately for workers, an array of legal protections exists to protect workers’ safety and rights during a natural disaster. However, specific categories of workers have more protection than others. Also, not all employers obey labor mandates, but workers may seek relief in a few different ways when their rights are violated in the workplace.
Employment Laws for Natural Disasters
Long ago, the federal government recognized businesses’ power over their employees and the great responsibility they bear to these workers.
Through the passage of various acts and legislation, Congress has made it clear that employers must care for their employees’ well-being while at work, especially when a natural disaster hits. Laws mandating safety requirements and other essential labor protections are in force in all 50 states.
During Hurricane Ian, these laws came into full effect. Sadly, not all businesses were prepared to or wanted to comply with the safety and labor rules. As such, many workers throughout the state have likely experienced wrongful actions at the hands of their employers and may have suffered various losses.
Although federal and state laws protect all employees, protections and expectations vary from worker to worker because of the various types of employment.
For example, the safety considerations employers must have at a construction site are far different than those at a grocery store. These considerations govern employers’ decision-making processes during a hurricane or other natural disaster. They also play a role in defining the scope of the protections a worker might be entitled to.
Occupational Safety and Health Act (OSH Act)
The OSH Act provides essential protections for workers by requiring employers to maintain specific workplace safety standards.
Many of the Act’s regulations deal with day-to-day business operations. Still, it also contains specific provisions protecting safety-themed employment rights during hurricanes, such as the requirement for having an emergency action plan.
An emergency action plan is a set of instructions employees are to follow in the event of a workplace emergency. Essential elements of an emergency action plan include:

A list of conditions that trigger the emergency action plan
A transparent chain of authority during the emergency
A list of tasks to complete and who is to perform the tasks
An evacuation plan that includes a way to keep track of personnel

With an effective emergency action plan, workers have a higher chance of escaping emergencies unharmed. Without one, risks to employees rise, and an employer can face severe liability in the event of a violation.
The OSH Act also requires employers to ensure the safety of their employees during post-hurricane cleanup and rebuilding. They must anticipate hazards that might come into play after a hurricane and guarantee that any dangerous conditions caused during the disaster have been sufficiently remedied.
National Labor Relations Act (NLRA)
The National Labor Relations Act gives workers the right to take steps to protect themselves when their employer has not. When workers feel certain work conditions are unreasonably dangerous, they may take collective action to protest the unsafe condition, including refusing to work.
For example, if an employer calls for mandatory employment, but a hurricane has created unsafe working conditions, the employees can join together to protest the dangerous conditions. However, the employees’ concerns must be reasonable and point to a situation at the worksite.
Dangerous conditions in transit to work do not count. If the employer retaliates against employees for exercising their right to take collective action, they may face liability under NLRA provisions.
It is important to note that not all employees are afforded protection under the NLRA. Most private-sector employees are, but the following workers typically do not receive NLRA protection:

Public-sector employees, such as government employees
Independent contractors and self-employed individuals
Railway Labor Act employees
Workers employed by their parents or spouses
Supervisors

In some cases, supervisors may have the right to claim NLRA protections. If an employer discriminates or retaliates against a supervisor for enforcing NLRA provisions, they may be protected by the Act.
Americans with Disabilities Act (ADA)
The ADA can be a powerful tool for workers with disabilities. It requires employers to give disabled employees the same level of access to workplace facilities and benefits that non-disabled employees have when doing so does not present an undue hardship for the employer.
As such, businesses’ emergency action plans must encompass the safety of disabled workers.
For example, evacuation procedures must encompass the disabilities in a specific workplace. Wheelchair access into and out of the building is essential for many disabled workers, and non-disabled employees with emergency action plan responsibilities must learn how to treat their disabled coworkers when the time comes.
During Hurricane Ian, it is likely that numerous disabled individuals faced dangerous challenges in the workplace. Those who suffered injuries may have recourse for their losses through a claim under the ADA and other laws.
Do Hourly Workers Get Paid During Hurricanes?
Hourly workers are considered non-exempt employees, which means, among other things, that they are not exempt from the protections of the FLSA.
However, in most cases, they are only entitled to payment when they work. So, if a business shuts down during a hurricane or another natural disaster, and there is no work available, there is no hurricane pay for employees in Florida who are non-exempt.
So how did companies support employees during recent hurricanes? The sad fact is that many did not or could not. However, there are instances when non-exempt employees can get paid during a storm shutdown, such as when an employee has a contract or collective bargaining agreement providing payment.
The lion’s share of non-exempt workers will only get paid if they work. But knowing how hurricanes affect wages and employment in local labor markets can help workers bargain for better employment terms in the future.
Do Salaried Workers Get Paid During Hurricanes?
Salaried employees are exempt if they make a certain amount each week and engage in particular duties, such as supervisory, administrative, or executive duties. Employees involved in professional work, computer work, or outside sales may also qualify as exempt.
Depending on the state, an employee’s weekly amount to be considered exempt will vary. In Florida, an employee must make at least $684 per week to be considered exempt, which is around $35,568 per year.
Remember that the $684 per week requirement is new as of January 2020. Before January 2020, the salary requirement for exempt employees was $455 per week. As such, employees who experienced Hurricane Dorian would be considered exempt if they made $500 per week but likely not during 2022’s Hurricane Ian.
Exempt employees have the right to receive their weekly salary during a hurricane if they perform any work during that week.
For example, if a salaried employee works a half day on Monday and a hurricane shuts the workplace down through Saturday, that employee would be entitled to a whole week’s salary, even though they only worked a half day.
Suppose the workplace remains open and an official weather emergency occurs, such as a hurricane. In that case, an exempt employee may decide to stay home if getting to work is challenging or hazardous. In such an event, the employer may deduct one day of pay from the exempt workers’ salary but no more.
Can Employers Force the Use of Vacation Time for Hurricanes?
Employers may use an exempt employee’s accrued paid leave or vacation time to cover their salary during a hurricane or any other natural disaster. However, they are not required to. Some employers won’t tap their exempt employees’ accrued vacation time to pay their salaries, but some do.
Some exempt employees have agreements in their contracts stipulating that their accrued paid time off is off-limits during natural disasters. However, many do not have these clauses and must vacation during a natural disaster.
Can an Employer Force You to Work During a Hurricane?
It depends. At all times, employers are responsible for maintaining a safe workplace for their employees, and employees have every right to refuse to work if a hurricane makes a workplace dangerous.
Consider a large warehouse in a city located in an area forecast to be struck by a hurricane. The employer can force you to work as long as the warehouse remains a safe place to work.
With that being said, certain employees may have contractual stipulations or collective bargaining agreements that speak to their employment rights during hurricanes and natural disasters, allowing them the right to forego work when an act of God occurs.
Can You Be Fired for Not Working During a Hurricane?
Unfortunately, there are situations where your employer may fire you for failing to work in a hurricane, most notably if you are an at-will employee. At-will employment means your employer can fire you at will for any reason unless you fall into one of several protected classes.
For example, if your employer makes a mandatory call to work during a hurricane and provides a safe workplace, you can be fired for not showing up. If it is dangerous or impossible to make it work, your employer can still fire you, and at-will employment confers broad firing powers on bosses.
Employees with contracts typically enjoy more protection from firing than at-will workers. Contract provisions usually dictate when and how a salaried employee must be fired; frequently, some contractually permissible reason must underlie the decision to terminate.
When to Consult with an Employment Lawyer
If you feel that your employment rights have been violated during a hurricane or any other natural disaster, there is a good chance they have been.
As a worker, you are afforded various levels of protection in the workplace during times of natural disaster. Your employer has the binding obligation to honor your rights to a safe workplace and the rights that protect your employment interests.
At Wenzel Fenton Cabassa P.A., we fight to safeguard workers’ employment rights during hurricanes and other natural disasters. You deserve to have your losses counted and remedied when your rights have been violated, even during natural disasters.
Contact our office today for a free case evaluation with an employment lawyer and learn how Wenzel Fenton Cabassa P.A. can help you with an issue relating to employment law during a natural disaster in Florida. And remember that you only pay for our services if we are successful with your case.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Exempt or Non-Exempt: What You Need to Know About the Misclassification of Non-Exempt Employees
Misclassification of non-exempt employees is a common problem in the workplace. Employers may either “inflate” your job title, make a mistake, or intentionally misclassify you, so they do not have to pay you overtime to save money on their bottom line.
Fortunately, federal law protects employees against this practice. The Fair Labor Standards Act (FLSA) serves as powerful legislation when an employee seeks legal recourse to recover the rightfully owed money.
What Is an Exempt Employee?
The term “exempt employee” is used to describe an employee who is not entitled to or “exempt” from overtime provisions of the law. An exempt employee must meet salary requirements as well as duty requirements. Exempt employees generally have some degree of authority or perform specific duties which render the employee exempt.
Some of the standard exemptions include:
The Executive Exemption – is one of the most popular and one of the most subject to misclassification. This individual must be primarily involved in business management and oversee at least two full-time employees (or their equivalent).
The Administrative Exemption – where work duties must be central to the operations of the business. Roles focused on filing, data entry, or other manual tasks are not exempt.
The Professional Exemption – this exemption contains two categories. The “learned professional” must have duties that are primarily intellectual in nature, such as those requiring extensive prior training/instruction. The “creative professional” is an individual with talent in a recognized creative field, performing work requiring imagination and originality.
The Computer-Related Exemption is a commonly abused misclassification of non-exempt employees with basic computer skills, such as people employed at a Help Desk. For this exemption to be valid, the worker must have a high degree of computer skills, including jobs such as a computer systems analyst, software programmer or engineer, or other similarly skilled information technology worker.
The Outside Sales Exemption – there is typically no weekly minimum salary for this exemption. Outside sales workers are often paid by commission only or commission plus bonus – and no overtime. These workers spend most of their time in the field to make sales.
Other types of workers can also be exempt from the protections of the FLSA, including individuals in retail services, newspaper delivery, the fishing industry, and taxi drivers.
What Is a Non-Exempt Employee?
Non-exempt employees are individuals working for qualifying employers who are guaranteed a minimum wage and overtime wages if they work more than 40 hours within a workweek and are not subject to one of the exemptions mentioned above. The FLSA applies to employers with total annual sales of $500,000 or more or engaged in interstate commerce. The FLSA requirements may also be triggered if the individual employee is covered based on the employee’s duties and role in interstate commerce. Employees across many industries qualify for a non-exempt status, such as many roles in healthcare, manufacturing, public service, media, and personal care and service occupations.
Common Ways Non-Exempt Employees are Misclassified
Misclassification of non-exempt employees often occurs in several ways. One of the most common is for an employer to designate a worker as an independent contractor when they are, in fact, an employee. The IRS has a 20-question test that they have developed that helps employers classify employees appropriately, but not all employers use them, or they just choose misclassification of employees on purpose.
Another common way that misclassification of non-exempt employees can occur is a misunderstanding of the law and who qualifies as exempt. Not all individuals who are salaried are considered exempt. In fact, employees who are paid on a salary basis are not exempt unless they also meet the duties tests. Additionally, generally, salaried employees must be paid at least $684.00 per week. The work performed should include a high level of duties, such as managing business operations or employees. Employers will also misclassify for financial purposes so they can save money by not paying overtime.
The Penalties for Misclassification of Non-exempt Employees
The penalties for misclassification of non-exempt employees can be severe. It can have tremendous financial consequences for businesses. They can face individual lawsuits, class-action lawsuits, audits by the IRS — and pay owed overtime, back wages, lost benefits, interest, and other damages.
Additionally, if an employee was incorrectly classified as an independent contractor and was hurt at work, they may be able to file a negligence claim since they would not have access to workers’ compensation benefits.
Can I Sue My Employer For Misclassification?
If an employer classifies you as exempt and you are legally considered non-exempt, you can sue your employer for misclassification to recover earned overtime, back wages, and lost benefits. If you have been working for the company for an extended period, those funds can add up to a very significant amount. Anyone misclassified as exempt may be entitled to unpaid overtime compensation during the previous three years if the violation was willful.
You may also qualify for a class-action lawsuit if the employer has commonly practiced the misclassification of non-exempt employees in your organization. This egregious practice can occur across industries, and employers should be held accountable to the fullest extent of the law.
If you are legally an independent contractor (and classified correctly by your employer), you are typically not able to sue an employer for overtime or minimum wage. If there are other parameters in your contract with them that they violate, you may have a case.
How An Employment Law Attorney Can Help Your Case
An employment law attorney has expert knowledge of employee rights, including the parameters of the FLSA, that is necessary to hold employers accountable and obtain the best resolution of your case.
Powerful employers often deny culpability, bully, blame, or even harass employees when they request to receive the wages they deserve. An employment law attorney has the skills, experience, and confidence to stand up to employers who break the law. Misclassification of non-exempt employees can be financially devastating to an individual and their families, and each worker deserves to receive what they are rightfully owed.
When an employer has misclassified you due to error or on purpose for their financial benefit, your attorney can navigate the complexities of employment law and lead as a strong advocate for you with your employer and their legal team.
Wenzel Fenton Cabassa, P.A. fights for justice for employees who have been subject to misclassification. We are with you each step of the way to stand up to employers and receive the wages you rightfully deserve. You may also qualify for back wages, lost benefits, interest, and other damages.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Experiencing workplace harassment? So are many employed Floridians.
Have you experienced workplace harassment or discrimination? Or maybe know someone who has? Well, according to The Equal Employment Opportunity Commission, if you work in Florida the chances of you experiencing harassment and discrimination in the workplace are pretty good.
Did you know that Florida currently ranks No.2 in the nation in workplace harassment and discrimination charges – making up about 8 percent of the total charges filed in the U.S. in 2013? Here’s how it breaks down.

What are the signs of workplace harassment and discrimination?
So, why are the numbers so high? One underlying reason is employee awareness. Many more employees are taking the time to understand what their rights are and proactive in responding. However, employers still need to take steps to ensure their employees aren’t harassed while on the job.
If you’re not surewhat is considered harassment or discrimination in the workplace, here are some warning signs.
 

If you’ve been called names and are constantly criticized in front of other employees.
If you’ve aren’t invited to meetings or lunches you typically would attend
If you feel anxious or nervous, especially to the point of being physically ill, before going to work.
If you’re schedule seems to constantly change and clearly conflicts with your days off.

 
 
What should you do if you are being harassed and bullied at work?
Are you wondering what you should do if you think you’re being bullied? Our best advice is to speak to Human Resources or your Supervisor. If they’re unable to resolve the issue, make sure you’re protected.

Document the harassment, specifying persons involved, dates, times, witnesses and form of harassment.
Document who you’ve spoken to. If you’ve discussed the issue with management and/or Human Resources, make a note of the conversation, when it happened and who was involved.
Contact an attorney.

If you’re being bullied or harassed, it’s important to have someone on your side who can get to the core of the problem and resolve the issue. At Wenzel Fenton Cabassa, P.A., we’ve helped protect employees from harassment and helped them feel confident and secure about their future. And we can do the same for you.
Don’t let another day of harassment go by. Contact us today and we’ll schedule your free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Extended Holiday Hours Doesn’t Mean Overtime Pay
Confused about the subject of overtime and holiday pay? Getting paid what you are legally owed is important to all workers — and having the right information about this area of employee rights will help give you the clarity you need to make the right legal decisions.
Retailers from Wal-Mart and Target all the way down to grocery stores have extended their holiday hours to accommodate frantic holiday shoppers. Some stores are even open 24 hours, leaving employees working long, grueling hours throughout the season, even on the actual holidays. And it’s not just limited to retail. Employees everywhere are feeling the “joy” of the holidays.
But does that mean you’ll be paid more? You’d think with all the extra hours you’re working, you’ll bring home one heck of a paycheck. That’s not necessarily the case. In fact, there are some things you need to know before you look at your check and do a double-take.
Here are some commonly asked questions we receive about overtime and holiday pay:
Am I owed overtime wages for working on a holiday?
Under Federal law, and Florida law, you are owed overtime wages for working on a holiday only if the hours actually worked go over 40 hours in the applicable workweek. Otherwise, there is no extra pay. And no, there’s no “time and a half” for working a holiday.
The FLSA doesn’t require employers to pay extra for working holidays. So before you decide to give your boss a piece of your mind, calculate your hours. However, if you happen to have an employment contract or union agreement indicating you have the right to extra holiday pay, you’re in luck. Check the language carefully and consult a workers rights attorney if you believe your contract has been violated.
If I don’t have to work a holiday, does my employer still have to pay me?
This is where you need to be clear as to whether you’re an exempt employee or not. If you are paid hourly and you do not work a holiday because the office is closed, you are not entitled to pay for the holiday, unless the employer has agreed to extend holiday pay to its employees as a benefit of employment.
If your employer relies on the fact that you are a salaried employee and deducts a day’s pay for a holiday when the office is closed and no work is available, the employer may lose the exception from overtime and pay the otherwise exempt employee overtime pay.
Since it’s a federally recognized holiday, my employer has to give me the day off, right?
Simply put, no. Currently, there is no Federal law in place requiring private employers to give you a holiday off. And the only way you may be required to get the day off is if you have an employment contract or union agreement that specifies it. Make sure you’ve discussed with your employer the holidays you’re required to work. If your company has a policy for asking for time off, it is important that you abide by it and give them the advance notice as required. (Even if you ask for the day off, that does not mean you are guaranteed to receive it.)
Not showing up to work because you assume you have a day off may lead to you finding yourself suddenly unemployed.
Am I entitled to time off due to my religion?
Religious beliefs and how this relates to your work can also be a confusing area when it comes to overtime and holiday pay. Federal law and Florida law require that an employer make a reasonable accommodation for their employees’ religious beliefs, and prohibit discrimination on the basis of religion. However, that does not always mean you get the specific days off you want. Depending on your company’s employment policies, you may or may not be paid for the holiday if you don’t work it.
If you do need to take some time off, be sure to give your employer advance notice. That way both of you can prepare for your absence. Keep in mind that Federal laws prohibiting discrimination on the basis of religion only apply to companies with 15 or more employees, and if your employer can prove that there would be an “undue hardship” if they granted you the time off, then they can deny your request.
Can I be compensated for attending my company holiday party?
If your attendance is voluntary, then no. However, if your employer makes attendance at the party mandatory, then you may, in fact, be owed for your time. So make sure the rules are clear before you start spending that extra “party pay.”
We hope that you have an enjoyable, stress-free holiday. But if you’re one of the lucky millions that have to work this holiday season, we hope we’ve helped you understand your rights when it comes to overtime and holiday pay.
And if you have worked true overtime that you have not been paid for, we’re here to help.
Other unpaid overtime and wage dispute articles:
My Employer Is Not Paying Me Overtime. Do I Sue?
How to File an Unpaid Overtime Claim in Florida
Do You Qualify for Unpaid Overtime [Infographic]
5 FLSA Exemptions You Need to Know About
9 Reasons to Hire an Employment Attorney to Recover Your Overtime Pay
Last updated December 6, 2018

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Facebook improves benefits for its contractors
Facebook recently announced  improved benefits for its contractors and vendors in the United States, including a $15 minimum wage, a minimum of 15 paid days off for holidays, sick time and vacation — and for workers who don’t get paid parental leave, a $4,000 new child benefit.
In a news release, the company’s Chief Operating Office, Sheryl Sandberg said the new policy would allow parents the flexibility to take paid parental leave. Because women comprise about two-thirds of minimum wage workers nationwide, Sandberg wrote, minimum wage adjustments particularly affect women.
In Florida, the minimum wage is currently $8.05, which is higher than the $7.25 federal minimum wage.
If an employer does not pay at least minimum wage, the employer may be in violation of the Fair Labor Standards Act (FLSA), which is a claim the lawyers at Wenzel Fenton Cabassa often handle.
The FLSA guarantees a number of rights to workers — including tipped employees, like waiters, whose hourly wage plus the tips earned must add up to at least the minimum wage.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Facts About Age Discrimination
Age-related discrimination is unfortunately very common throughout Florida and the United States. Workplace discrimination can come in all shapes and sizes. Age-based discrimination occurs whenever someone’s age becomes a factor in hiring, promoting, reassigning, obtaining benefits, bullying, or other circumstances related to a person’s job.
Fortunately, the law is designed to protect victims of age discrimination. Both federal and Florida mandates prohibit most types of workplace discrimination, including any discrimination related to a person’s age. As a workforce member, it’s essential to understand what is considered workplace discrimination, how to file a claim, and how an employment lawyer in Florida can help you should you find yourself a victim.
What Is Age Discrimination in the Workplace?
In 2020, workers filed over 20,000 federal complaints against age discrimination with the U.S Equal Employment Opportunity Commission (EEOC).
According to the EEOC, age discrimination is any unfavorable treatment by an employer due to a person’s age. Discrimination can present itself across many practices in a workplace setting, including:

Hiring
Firing
Wages
Job assignments
Layoffs
Training
Requirements
Benefits
Terms and conditions
Company Policies

Harassment can also be a type of age-based discrimination. In these situations, older employees are often ridiculed and bullied because of their older age. Federal employment law protects victims from hostile work environments, and you can also file claims against age-related harassment.
Though general workplace discrimination was first addressed with the passing of the U.S Civil Rights Act of 1964, it wasn’t until 1967 that age was introduced as a protected class under the Age Discrimination in Employment Act (ADEA).
In 1992, Florida developed its legislation to deal with workplace discrimination and established the Florida Commission on Human Relations (FCHR).
Over the years, federal and state laws have evolved to protect workers from discrimination and hold the responsible parties accountable.
Examples of Age Discrimination 
Workplace age discrimination can present itself in many different ways. Some common types of age-related violations include:

Not hiring someone due to their older age
Encouraging or forcing more senior employees to retire early
Firing someone due to their age
Reassigning older employees to unpleasant or menial positions
Refusing to give a raise to an older employee
Demoting someone and replacing them with a younger employee
Coded language in job applications to discourage older applicants
Age-related jokes, harassment, and bullying
Taking away benefits such as pensions and healthcare

In the United States, only a few notable exceptions exist where age may be used as a term of employment. Under “bona fide occupational qualification” (BFOQ) protections, employers may consider age as a condition of employment only when it’s reasonably necessary.
This applies to jobs like acting in a specific age-related role for television or modeling for an age-related product or audience. Otherwise, any time a company uses age as an employment factor, age discrimination laws will likely come into effect.
Workplace Age Discrimination Laws
Since the 1960s, several federal and state age discrimination laws have been passed to discourage and prohibit ageist practices:
The Age Discrimination in Employment Act (ADEA)
The ADEA is notably the complete federal protection against age-based discrimination. The act, signed into law by President Johnson in 1967, laid the foundations for the first significant protections for older workers.
This act includes provisions that:

Federally prohibit discrimination against employees 40 years and older
Apply protections to hiring, promotions, layoffs, terminations, and wages
Protect against age being used as a hiring factor under most circumstances
Prohibit the denial or lowering of benefits when a worker reaches older age
Ban the forced retirement or phasing out of employees due to their older age

It’s important to note that federal age discrimination protections apply to companies with 20 or more employees. Whenever a court rules that an employer engages in illegal practices, the ADEA allows victims to file lawsuits and recover damages associated with mistreatment.
Other than prohibiting discrimination, the ADEA is designed to reduce the phenomenon of long-term unemployment among the aging workforce.
The Age Discrimination Act of 1975
After the passing of the ADEA, federal authorities expanded additional protections to combat age discrimination in sectors that receive public funding, such as schools, universities, and vocational training programs.
Though this act was not necessarily designed with workers in mind, it further expanded federal civil rights. It allows victims of age discrimination to file claims and lawsuits whenever their rights are violated.
The Florida Civil Rights Act of 1992
Many states enforce additional protections inspired in part by the ADEA. In 1992, the Sunshine State passed the Florida Civil Rights Act of 1992 (FCRA).
The FCRA is more flexible when it comes to filing claims. Though the base protections are essentially the same as federal ones, Florida allows employees to file a claim even if their company has less than 20 employees, which in many cases can be restrictive when working at a smaller-sized company. The FCRA applies to employers who employ 15 or more employees.
Additionally, in-state claims, age is not limited to workers 40 years and older. In Florida, employees of any age, young and old, may file discrimination claims with the Florida Commission on Human Relations (FCHR) and proceed with lawsuits in state courts.
How to Prove an Age Discrimination Case
Sadly, it’s often hard to obtain solid proof of illegal practices for victims of age discrimination. A 2018 survey by the AARP found that more than 60% of workers aged 45 and older had been victims of age discrimination. Unfortunately, many of these cases go unreported due to a lack of substantial evidence.
As with most lawsuits, proving a claim depends on a solid combination of evidence, testimony, and litigation. The best way to successfully proceed with an age discrimination claim is by hiring an employment lawyer.
Employment law is often complex and has many moving parts. Whenever you’ve been the victim of illegal workplace practices, an attorney can help develop a plan of action to ensure that your claim is strong enough to proceed.
To prove your claim, gathering evidence of age discrimination is essential, including:

Emails
Text messages
Company documents
Payroll records
Witness testimonies
Employee policies
Memos and miscellaneous items

Additionally, to prove an age discrimination case, you must prove that you were qualified for the job in question, met all expectations, and were mistreated by your employer due to your age. This may involve items like:

Training certificates
Proof of education
Previous work history
Witness testimony
Statement of facts

In both federal and state claims, the appropriate bodies will launch an investigation into the allegations, and your employer has an opportunity to respond. Employers must provide evidence to dispute the claims.
In federal complaints filed with the EEOC, claims may proceed to a trial whenever the employer fails to provide contradictory evidence. In state claims, the same process is generally proper. Employers are required to respond to any allegations of discrimination and misconduct on time or risk unfavorable results by default.
Is There a Statute of Limitations in Filing a Lawsuit?
Whenever you file an age discrimination claim, you’ll have to consider the statute of limitations set forth by the law and file your paperwork accordingly.
Time limits differ between federal and state cases. Nonetheless, you’ll have to file a complaint with one of the two applicable agencies before proceeding with a lawsuit. Once you’ve exhausted this option, you may proceed with a case.
Age Discrimination Claims in Florida
For claims filed under the Florida Civil Rights Act, you have 300 days from the date of the discrimination to file a formal complaint with the Florida Commission on Human Relations.
Generally, after you file your initial complaint, the state has 180 calendar days to launch an investigation into the allegations and present its findings. Should Florida authorities determine that your claim is valid, you have two options to move forward:

Request a hearing with the Florida Division of Administrative Hearings
File a lawsuit in a Florida court

Whichever path you take is mainly up to you, and an employment lawyer can advise you on the best option, depending on the circumstances of your claim.
However, any remedy you decide to take must be processed no later than one year after the FCHR completes its initial investigation. Failure to proceed within one year may result in your claim becoming invalid.
Both administrative hearings and lawsuits may provide you with financial compensation and punitive damages and can issue disciplinary actions against your employer.
Federal Age Discrimination Claims
For federal discrimination claims, the law differs slightly. If you choose to proceed with a formal complaint with the U.S. Equal Employment Opportunity Commission, you have 180 days to file from the date of the incident.
Similar to claims filed in Florida, federal authorities will first investigate your allegations before determining how you can proceed. Whenever the EEOC determines discrimination did occur, you’ll receive a “Letter of Determination” that outlines the government’s findings.
Afterward, the EEOC will generally work alongside you and your employer to resolve the situation. This may be through mediation, conflict resolution, or other methods.
If you are amenable to the EEOC’s solution, you waive your rights to file a lawsuit against your employer and proceed accordingly. If the answer is not to your satisfaction, the case is closed, and you’ll have 90 days to proceed with a lawsuit.
How Age Discrimination Lawyers Can Help Your Case
Navigating employment law can be tricky, especially regarding age discrimination. Though you can always file a claim without legal assistance, an employment lawyer can be an excellent resource in helping you get positive results.
Employment attorneys know the facts about age discrimination in both federal and Florida systems. As such, they’ll ensure that the process is done correctly and on time.
Additionally, employment attorneys can investigate the case and look for evidence to further reinforce your claim. This can involve filing records requests, interviewing witnesses, hiring experts, and researching the allegations thoroughly.
Often, individuals pursuing claims without legal representation can miss essential steps in the process or fail to gather enough evidence to support their complaint.
Should your claim proceed to court, an employment lawyer will be ready to prosecute the case against your discriminatory employer. Jury trials can be complicated to navigate, and a dedicated discrimination attorney will be able to select a jury, file motions, present evidence, and cross-examine witnesses to support your claim.
Age Discrimination Attorneys in Florida
No one should ever be subjected to discrimination at work. When employers engage in illegal behavior, the law can and should hold them accountable.
If you’ve been the victim of workplace discrimination due to age, Wenzel Fenton Cabassa, P.A. can help. Our established discrimination attorneys will review your claim and determine the best course of action. Contact us today for a free case evaluation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Fair Credit Reporting Act Violations: What You Need to Know
Fair Credit Reporting Act violations affect the lives of job seekers, employees, and their families, and they can cause financial difficulty, career upheaval, and disrupt your overall quality of life. Fortunately, the Fair Credit Reporting Act (FCRA) offers individual protections backed by the federal government’s power. These protections give job seekers and employees the ability to hold employers accountable for violations of the FCRA.
Do you believe you have been denied a job due to a background check? The potential employer must abide by the requirements of the FCRA. If they have not, you may have a case. Fair Credit Reporting Act violations penalties can be severe and are in place to ensure compliance — or face the consequences.
Did a background check from a current employer affect your promotion or reassignment for you? Or did you get terminated from your job due to a background check? The same rules apply to job seekers and current employees. Understanding FCRA requirements, violations, and penalties are central to the pursuit of justice.
Fair Credit Reporting Act Violation Penalties
What Is the FCRA?
The FCRA (Title VI of the Consumer Credit Protection Act) protects information collected by consumer reporting agencies and ensures the fairness, accuracy, and privacy of that information for people in Florida and across the United States. Under the FCRA, there are regulations on how agencies – and employers or potential employers – can access, collect, share and use the data in your credit report/background check.
The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) are the two federal agencies in charge of overseeing and enforcing FCRA guidelines.
What are the Penalties?
Fair Credit Reporting Act violations penalties can be imposed on companies or individuals. If plaintiffs win FCRA violation cases, the penalties can include damages that the individual suffered because of the defendant’s actions, fines, orders to alter practices in conducting background checks/credit reports, and additional damages for legal fees.
FCRA Violations List
The FCRA violations list is composed of two types of Fair Credit Reporting Act violations:
1) Willful Noncompliance — this occurs when a company takes an action that they know violates the requirements of the FCRA. Ex: a company using inaccurate data from a credit report to decide on a promotion for an employee after the employee provides documentation that the information is inaccurate
2) Negligent Noncompliance — occurs when a company inadvertently – as opposed to intentionally – violates the requirements of the FCRA, which could include any of the FCRA requirements listed below.
FCRA Requirements
FCRA requirements are broad-reaching and detail strict guidelines in how your credit and background information is accessed, used, and shared. If companies do not follow these requirements, they could be liable for Fair Credit Reporting Act violations and face individual or class action lawsuits.
Here are FCRA requirements that protect job seekers, employees, and consumers:

Information in a consumer report cannot be provided to anyone who does not have a purpose specified in the Act — giving a person access to their personal information but limiting access to others. This is referred to as an FCRA permissible purpose, which includes creditors, potential employers, and employers, among others.
The individual must give written consent to the employer if they want to see your credit report.
An employer must tell a job applicant that if they perform a background check, the information received may be used to make an employment decision.
Employers are bound by the FCRA to allow an applicant/employee a reasonable period of time, typically about five business days, to review the report and dispute any inaccuracies. They are not allowed to simply reject the applicant for a job or an employee for a promotion based on information on a background check. You must be notified of these rights in what is referred to as a pre-adverse action notice.
If adverse action is taken, such as deciding not to hire someone because of information contained in a background check, the company must notify the individual.

Additionally, the FCRA gives individuals the right to request and have access to the information of a credit reporting agency which is shared with potential employers and employers. There are varying ways you can obtain that information, including one free “file disclosure” each year at each agency at www.annualcreditreport.com.
Can I Sue?
If you have been denied employment, a promotion, or reassignment because of information the company received from a background check, that does not mean you can automatically sue. There needs to be willful noncompliance or negligent noncompliance present in your situation to pursue legal action.
You may be able to sue in state or federal court if a prospective employer or current employer fails to abide by the FCRA guidelines, thereby committing Fair Credit Reporting Act violations. If the employer has been violating FCRA guidelines as a consistent practice, either in the hiring process or when determining if they are going to promote or reassign current employees, there could potentially be legal action taken in the form of a class-action lawsuit.
It is advisable to contact an attorney to determine your best legal options. You may be entitled to damages due to adverse actions taken against you.
Why Contact A FCRA Attorney
FCRA violations are serious – and employers should be held accountable. You have the right to justice. If you feel your rights have been violated, you should consult an FCRA attorney. They have the experience and skill to investigate your situation to determine if willful noncompliance or negligent noncompliance of the FCRA occurred.
At Wenzel Fenton Cabassa, P.A., we have tough litigators passionate about pursuing justice. We know how to stand up to companies when they affect the livelihoods and careers of job seekers and employees. We have helped thousands of people whose rights have been violated by companies, and we can help you.
Contact us today to schedule a free, confidential case evaluation.
Offices are available in Tampa, St. Petersburg, Sarasota, Miami, Jacksonville, West Palm Beach, and Orlando for your convenience.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### False Claims Act Retaliation & Your Rights
Reporting workplace fraud can feel intimidating, but legal protections are in place to shield employees from retaliation. In some cases, unethical employers attempting to protect themselves may retaliate against whistleblowers by firing them, demoting them, or taking other punitive actions in response to their efforts to expose misconduct.
If the reported misconduct involves a fraudulent payment claim submitted to the federal government, it likely falls under the scope of the False Claims Act Retaliation.
The False Claims Act and Your Rights as an Employee
The False Claims Act aims to prevent fraud against the federal government by targeting businesses and individuals who submit false or deceptive claims for payment. It imposes strict civil penalties on those who knowingly engage in fraudulent activities, ensuring accountability and protecting public funds.
The definition of the False Claims Act includes provisions that allow the government to pursue treble damages and monetary penalties against violators. The law permits the Department of Justice to seek treble damages and impose financial penalties adjusted for inflation.
Under the federal False Claims Act, a citizen may act on behalf of the government by filing a qui tam lawsuit against those who defraud it. If the lawsuit succeeds, the whistleblower may receive a portion of the recovered funds as a reward for their efforts.
When Was the False Claims Act Enacted?
The False Claims Act has a long history in the United States, dating back to its enactment in 1863. It was introduced to combat fraud by corrupt defense contractors who submitted false claims for payment. At the time, those found guilty were required to pay double the damages incurred by the government, along with a $2,000 penalty.
In 1986, Congress strengthened the FCA by introducing incentives to encourage whistleblowers to step forward. That year, the qui tam provisions were added, paving the way for thousands of lawsuits. These cases have since resulted in substantial monetary settlements and judgments, enhancing the law's impact.
The Department of Justice (DOJ) continues to utilize the False Claims Act (FCA) as a vital instrument in combating fraud. In the fiscal year ending September 30, 2024, the DOJ secured over $2.9 billion in settlements and judgments related to FCA cases. Notably, whistleblowers filed 979 qui tam lawsuits during this period—the highest number recorded in a fiscal year—underscoring their pivotal role in unveiling fraudulent activities.
Are Whistleblowers Protected Under the False Claims Act?
Yes, the FCA offers strong protections for whistleblowers and defines whistleblowers broadly. Under both statutory and case law, individuals such as employees, contractors, partners, and other agents of a company are safeguarded when reporting misconduct. This expansive protection highlights the federal government’s commitment to encouraging individuals to expose false claims, ensuring accountability and integrity in its dealings.
When whistleblowers come forward, employers may retaliate to hide misconduct and manage potential fallout. Retaliation can take many forms, including denial of promotions, wrongful termination, or other adverse employment actions. Without federal protections, whistleblowers would have little incentive to expose fraudulent claims or unethical practices. 
Liability for False Claims Act violations can be applied to individuals and companies that knowingly submit false claims, cause fraudulent claims, or conspire to defraud the federal government. The False Claims Act holds violators accountable through substantial financial penalties and potential legal consequences, reinforcing the importance of whistleblower protections in preventing fraud.
Imagine a healthcare worker at a hospital or clinic noticing their facility performing redundant tests. They decide to report this to a supervisor. However, the employee could face serious repercussions if the supervisor is complicit in a fraudulent billing scheme. The supervisor might retaliate by reassigning them to less desirable tasks, gradually removing them from the schedule, or overlooking them for promotions.
Whistleblowers play a crucial role in exposing employer violations under the False Claims Act (FCA) and need protection and motivation to come forward. Thankfully, the FCA provides these safeguards. An experienced Wenzel Fenton Cabassa FCA retaliation attorney can assist whistleblowers in seeking damages for retaliation and represent them in qui tam lawsuits, ensuring their rights are upheld and their voices are heard.
False Claims Act Retaliation Provision
The FCA safeguards whistleblowers from retaliation when they report, investigate, or work to prevent fraud against the United States government. Acts of retaliation against whistleblowers can take many forms, including but not limited to the following:

Termination soon after reporting fraud may help prove retaliation.
A demotion that follows shortly after a complaint—and includes lower pay or status—may indicate retaliation.
Suspension for unreasonable or unstated reasons
Cutting an employee’s hours after a complaint can signal retaliation

When filing a lawsuit against an employer for such actions, the FCA permits individuals to pursue compensation for the following types of damages:

Back pay plus interest and liquidated damages
Compensation for litigation costs and attorneys’ fees

To succeed in an FCA claim for damages, there are several conditions that a plaintiff must fulfill. The mere claim of loss is not enough. According to the statute, whistleblowers seeking compensation are required to prove three conditions:

The whistleblower engaged in activity that was protected under the FCA
The employer was aware of the whistleblower engaging in protected action
The employer retaliated against the whistleblower because of said activity

The FCA protects actions to uncover or stop fraudulent activities against the federal government. However, if the fraud does not target the federal government, these protections do not apply.
Specific types of protected actions that whistleblowers take might include:

Filing a qui tam lawsuit
Opposing or reporting bid-rigging
Reporting the failure to follow good manufacturing practices
Opposing or reporting kickback payments
Opposing or writing defective products being sold to the US government
Opposing or reporting double-billing

To file a claim, the plaintiff must demonstrate when and how they notified their employer, providing evidence to substantiate the fraudulent activity. Interestingly, it may not be necessary to explicitly use terms like "fraud" or "illegal" in their notification.
To establish retaliation, the whistleblower must show that the employer took adverse action specifically because they engaged in a protected activity. In other words, there must be a clear connection between the whistleblower's protected actions and the employer's retaliatory behavior. However, proving this link can often be challenging.
Whistleblowers have two legal avenues when they reasonably suspect an employer is defrauding the U.S. government. First, they can file a lawsuit to address the damages they suffered from retaliation for engaging in protected whistleblowing activities. Second, they can pursue a qui tam lawsuit on behalf of the federal government, seeking accountability for the alleged fraud.
When you contact an FCA attorney, they will evaluate the details of your case and determine the best course of action. Retaliation lawsuits and qui tam cases can lead to substantial settlement awards or verdicts, though results may vary depending on your particular facts and legal circumstances.
Retaliation lawsuits allow whistleblowers to pursue damages for adverse actions they may have experienced. In qui tam cases, whistleblowers are entitled to a percentage of the funds recovered on behalf of the federal government. The exact rate depends on whether the U.S. government intervenes in the qui tam action.
Whistleblowers receive a more significant award percentage if their case moves forward without government involvement. Depending on the specifics, payouts typically range from 15% to 30%.
Courts determine a whistleblower’s share based on the total amount recovered, not the amount the government initially lost. Since the government can seek up to three times its losses, whistleblowers often stand to receive significant compensation for filing claims on behalf of the federal government. Results may vary depending on your particular facts and legal circumstances.
Whistleblowers who participated in the fraud may still file a qui tam lawsuit under the False Claims Act. Still, their involvement can affect the outcome, particularly their eligibility for a financial reward. Additionally, these claims are barred if the government or another party is already pursuing qui tam legal action regarding the same fraudulent conduct.
If you suspect your employer is defrauding the U.S. government, acting quickly is essential to preserve your rights. Contact a Wenzel Fenton Cabassa lawyer to explore your options and safeguard your case.
Key Elements of a Successful FCA Retaliation Case
Several key elements must be fulfilled to bring a False Claims Act (FCA) retaliation case. These elements include:

Engaging in protected activity: The first element of an FCA retaliation case is demonstrating that the whistleblower is involved in an activity protected under the FCA. This can include filing a qui tam lawsuit or reporting fraudulent activities against the federal government.
Employer awareness: The second element requires showing that the employer was aware of the whistleblower engaging in protected activity. If an employer takes retaliatory action but is unaware of the employee's whistleblowing activities, there may not be a viable FCA case, though there are exceptions.
Retaliation: The final key element is proving that the employer retaliated against the whistleblower because of their protected activity. This can be challenging and requires substantial evidence to show a direct connection between the protected activity and the retaliation.

In addition to these key elements, it is also essential for whistleblowers to act quickly when they suspect fraud against the government and to seek legal counsel from an experienced Wenzel Fenton Cabassa FCA attorney. Doing so can help preserve their claims and increase their chances of success in seeking damages or receiving some recovered funds in qui tam cases. However, results may vary depending on your particular facts and legal circumstances.
Filing a False Claims Act Retaliation Claim
False Claims Act (FCA) retaliation claims involve specific legal procedures that vary by jurisdiction. These claims typically include preparing a detailed complaint, notifying the appropriate agencies (especially in qui tam cases), and presenting evidence of the fraud and the resulting retaliation.
Because of the complexity and legal sensitivity involved, it’s critical to work with an experienced Wenzel Fenton Cabassa FCA attorney who can protect your rights and help guide you through the process. At Wenzel Fenton Cabassa, P.A., we support whistleblowers every step of the way, from investigating the claim to pursuing justice in court.
Damages Available in False Claims Act Retaliation Cases
If a False Claims Act retaliation case succeeds, the plaintiff may be entitled to various damages. These can include:

Back pay: This includes lost wages and benefits that the whistleblower would have earned had they not been retaliated against.
Front pay: If the whistleblower cannot return to their previous position due to continued retaliation or hostility from their employer, they may be awarded front pay for future lost earnings.
Compensatory damages: These may cover emotional distress, harm to reputation, and other non-economic losses resulting from the retaliation.
Attorney's fees and court costs: In most cases, the prevailing party in an FCA retaliation case is entitled to have their attorney's fees and court costs paid for by the losing party.
Damages under qui tam lawsuits: Whistleblowers who pursue a qui tam lawsuit on behalf of the federal government may also be entitled to a percentage of the funds recovered in the case.

Understanding the key elements of an FCA retaliation case, following proper procedures, and seeking experienced legal counsel are crucial for success. Whistleblowers play an essential role in protecting taxpayer dollars and holding fraudulent employers accountable, and taking action against retaliation is critical to maintaining this vital system. As always, results may vary depending on your particular facts and legal circumstances.
False Claims Act Retaliation: Statute of Limitations
One of the key components of the False Claims Act (FCA) is its statute of limitations, which sets strict deadlines for filing legal actions. These timeframes apply to the government and qui tam whistleblowers seeking to address fraudulent activity.
Under the FCA, lawsuits must generally be filed within six years of the fraudulent act. However, if the fraud is discovered later, the timeframe is shortened to three years from the date when the fraud was or reasonably should have been uncovered by a U.S. official responsible for addressing such claims. Regardless of the circumstances, no lawsuit can be filed more than ten years after the fraudulent act occurred.
This limited window underscores the importance of acting swiftly when uncovering FCA violations. Whistleblowers who delay beyond the statute of limitations lose their right to file a claim and forfeit any potential monetary rewards or damages tied to the case. Acting promptly is crucial to ensure justice is pursued effectively.
Importance of a False Claims Act Retaliation Attorney
If you have experienced retaliation under the False Claims Act (FCA) or the Florida fraud statute, it’s crucial to have an experienced attorney by your side, one with a proven track record in handling such cases. The FCA is a highly complex law with strict procedural and substantive requirements that leave little room for error. By working with a skilled Wenzel Fenton Cabassa retaliation attorney, you’ll have a trusted advocate to help you navigate the process. While no case is simple, you can have confidence that your concerns will be treated with care and attention, and that you’ll have the guidance needed to pursue the best possible outcome. 
If your FCA lawsuit is against an employer, you can count on the defense having skilled attorneys ready to challenge your case. You deserve aggressive, dedicated representation. With a valid whistleblower claim, your attorney will dedicate themselves to building a compelling case. This involves gathering robust evidence, negotiating with the defense, and, if needed, advocating for you in court.
At Wenzel Fenton Cabassa, P.A., we stand up for employee rights and guide clients through complex workplace challenges with respect, discretion, and determination. Regarding FCA retaliation cases, our deep understanding of how violations occur and our extensive experience advocating for whistleblowers have solidified our reputation as skilled and compassionate employment attorneys.
If you’ve faced retaliation, contact our office today for a free case evaluation. We’ll discuss how we can help you seek justice and explore the possibility of representing you in a qui tam lawsuit. Take the first step toward protecting your rights. Contact us today.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Federal Anti-Discrimination Protections for LGBT Workers Backed by 55 Corporations
LGBT workers’ rights is one of the hottest topics in the news today. Sexual orientation and gender have become big issues for employers as large businesses, celebrities, and other people with financial and political influence are addressing the inequalities and placing pressure on lawmakers to do the same. North Carolina’s HB2, dubbed the “bathroom bill,” has caused a number of prominent entertainers to boycott the state. Now The Human Rights Campaign, the nation’s largest LGBT advocacy group, is pressuring Capitol Hill to support the Equality Act, which is being called the Civil Rights Act for LGBT Americans.
While the Legislative Branch is being challenged to take action, the Executive and Judicial are busy doing so. The U.S. Equal Employment Opportunity Commission (EEOC) has filed cases of sexual orientation discrimination against two employers on charges that they violated employee rights.
Last year the EEOC ruled and communicated to employers that sexual orientation discrimination is discrimination because of sex/gender and thus illegal. The proposed Equality Act looks to strengthen this ruling by creating a Federal law that would make it illegal to discriminate (or harass) someone on the basis of their sexual preference, sexual orientation, and/or gender choice.
So far 55 companies (including major influencers like Nike, Hilton, Amazon, and Apple) have come forward to support the Act as part of a group officially branded as the Business Coalition for the Equality Act. The coalition has lobbied hard to support a Federal law. Currently protections for LGBT workers in 32 states offer some but not enough help against sex discrimination under state laws.
What is Sexual Orientation Discrimination and What Can be Done in Florida?
In the simplest terms, employers are guilty of sexual orientation discrimination when they treat employees differently based on real or perceived sexual orientation. But harassment or discrimination does not always start with direct management decisions. If a coworker conducts himself/herself inappropriately and management fails to address the problem, the employer can be held responsible for this failure to act.
Currently the State of Florida has no state legislation protection specifically addressing sexual orientation discrimination in public or private jobs. However, with the support of the EEOC and the first cases being brought against employers, state lawmakers have additional support to press forward in their attempts to address these types of inequalities.
At Wenzel Fenton Cabassa, P.A. we are experienced EEOC mediation attorneys, and we’re prepared to defend your rights. Protections for LGBT workers may be in the early stages but we are prepared to fight for the rights of LGBT employees.
If you believe you’ve been harassed, demeaned, looked over for a promotion, fired, demoted, retaliated against for bringing the issue to management, or otherwise discriminated against based upon your sexual orientation, we’re here to help.
At Wenzel Fenton Cabassa, P.A., we have developed and refined a very specific process that we use when contacting a potential client about a case. Because we have a well-trained team, most of whom have been with us for several years, the interplay between our New Client team and our lawyers is well-orchestrated and seamless. We have seen virtually every fact pattern imaginable in the workplace, and our New Client team knows the right questions to ask to get to the heart of the factual and legal issues presented by a potential client contacting our firm. We may contact you several times to collect all of the necessary information that will allow us to determine whether our firm can assist you. Here is what you can expect when you contact our firm:   SEE OUR CASE PROCESS

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Federal guidance updated to reflect increased protections for pregnant employees
Pregnancy discrimination continues to be a major workplace issue, but recent updates from the U.S. Supreme Court and the Equal Employment Opportunity Commission (EEOC) have strengthened protections for pregnant employees. If you are pregnant and working in Florida, it is important to understand your rights under the Pregnancy Discrimination Act (PDA).
The Young v. UPS Case and Its Impact
In the landmark case Young v. UPS, the Supreme Court set a new standard for claims under the Pregnancy Discrimination Act. This case involved a pregnant worker who was denied a light-duty assignment that was available to other employees with similar work restrictions. The Court held that even if an employer has a 'neutral' policy, it can still be considered discriminatory if it places a significant burden on pregnant employees without a strong justification.
EEOC Updated Guidance on Pregnancy Discrimination
Following the Young decision, the EEOC updated its Enforcement Guidance on Pregnancy Discrimination and Related Issues. The guidance makes it clear that employer policies that do not facially discriminate on the basis of pregnancy may still violate the PDA if they impose significant burdens on pregnant employees that cannot be supported by a sufficiently strong justification.

What This Means for Pregnant Employees in Florida
These updates provide stronger protections for employees across Florida. If you are pregnant and need accommodations such as light duty, schedule adjustments, or other workplace modifications, your employer may be required to provide them, especially if those same accommodations are given to other employees with similar limitations. Employers who deny accommodations, reduce your pay, or retaliate against you for requesting help may be violating federal law.
Additional Federal Protections: The PWFA, PUMP Act, ADA, and FMLA
Pregnant Workers Fairness Act (PWFA)
The Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, expands federal protections for employees with pregnancy-related limitations. It requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions. That is, unless doing so would cause undue hardship on the employee.
Examples of reasonable accommodations may include extra restroom breaks, temporary reassignment of heavy lifting, allowing sitting instead of standing, or modified schedules. Importantly, employers cannot force an employee to take unpaid leave if another accommodation would allow her to keep working.
PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers)
The PUMP Act, enacted in December 2022, strengthens protections for lactating and breastfeeding employees. It requires nearly all employers covered by the Fair Labor Standards Act (FLSA) to provide:

Reasonable break time for up to one year after the child’s birth to express milk
A private, non-restroom space shielded from view and free from intrusion.
Employers with fewer than 50 employees may claim exemption only if compliance causes undue hardship. Failing to provide a private space or break time can result in back pay, liquidated damages, and reinstatement.

How the ADA May Apply to Pregnancy
While pregnancy itself isn’t considered a disability, certain pregnancy-related conditions, such as gestational diabetes, preeclampsia, or complications requiring work restrictions, may qualify as disabilities under the Americans with Disabilities Act (ADA). Employers with 15 or more employees must provide reasonable accommodations to help affected employees perform their job duties, such as modified schedules, temporary light duty, or telework.
Family and Medical Leave Act (FMLA)
Under the FMLA, eligible employees (those who have worked at least 12 months and 1,250 hours for an employer with 50 or more employees within 75 miles) are entitled to up to 12 weeks of unpaid, job-protected leave for childbirth, bonding, or serious health conditions related to pregnancy. Employers cannot retaliate against employees for taking or requesting FMLA leave.
Proving Pregnancy Discrimination Under the PDA
To establish a prima facie case of pregnancy discrimination, employees typically must show:

You are pregnant.
You requested an accommodation.
Your request was denied.
Your employer accommodated others who were similar in their ability or inability to work.

If you meet these criteria, you may have a valid claim under the Pregnancy Discrimination Act.
Statute of Limitations
If you believe your rights were violated under these laws, you must act quickly:

EEOC claims (PDA, ADA, PWFA): must be filed within 300 days of the discriminatory act.
FMLA claims: generally two years, or three years if the violation was willful against the employee.
PUMP Act violations: follow FLSA timelines for typically two years, or three years for willful violations.

Get Legal Help Today
If you believe you are facing pregnancy discrimination or if your employer has denied accommodations, contact Wenzel Fenton Cabassa, P.A. for a free, confidential case review.
Our team has decades of experience fighting for the rights of Florida employees. We have offices in Tampa, St. Petersburg, Sarasota, Orlando, Miami, Jacksonville, and West Palm Beach to serve you.
Frequently Asked Questions About Pregnancy Discrimination
Can My Employer Fire Me for Being Pregnant in Florida?
Terminating an employee because she is pregnant is illegal under the Pregnancy Discrimination Act. Employers cannot lawfully fire or demote someone due to pregnancy.
What Are My Rights if I Need Light Duty While Pregnant?
If your employer provides light-duty work to non-pregnant employees with similar limitations, they cannot deny it to you simply because you are pregnant.
What Is Pregnancy Discrimination Under the PDA?
Pregnancy discrimination includes any unfavorable treatment in hiring, firing, pay, job assignments, promotions, layoffs, or accommodations based on pregnancy, childbirth, or related medical conditions.
Can My Employer Reduce My Pay if I Request Pregnancy Accommodations?
Reducing your pay as punishment for requesting accommodations may constitute unlawful discrimination or retaliation. You should consult an attorney immediately if this happens.
What Should I Do if My Employer Denies My Request for Pregnancy Accommodation?
Document the denial, keep all communications, and contact an employment lawyer. You may have grounds to file a claim under the Pregnancy Discrimination Act.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Female scientists report being mistaken as janitors in STEM fields
Sex harassment sometimes stems from gender bias, which is especially prevalent in the STEM (science, technology, engineering and math) fields.
A recent study by the Harvard Business Review shows this problem goes beyond pay imbalances.
More than 60 percent of women in STEM reported they have to prove their competence more than men. The surveyors also noted a disturbing finding: About 48 percent of black female scientists and 47 percent of Latina female scientists reported being mistaken for “administrative or custodial staff.”
Women in STEM also reported feeling more isolation, as well as pressure to portray stereotypically feminine roles or to spend more time at home with their families.
If these biases rise to the level of harassment, employees have remedies, both under Florida law and federal law. Section 703(a) of Title VII permits harassment claims based on sex, as does the Florida Civil Rights Act.
Sex harassment is a claim the lawyers at Wenzel Fenton Cabassa are experienced in handling. The industry appears to also be stepping up to the plate, working to cut down on gender disparity in technology: According to another article in the Harvard Business Review, Google, Yahoo, LinkedIn and Facebook have admitted they have work to do when it comes to their levels of female employment.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Fighting Back: Former Ocala Officer Files Federal Lawsuit Of Discrimination
A federal lawsuit has been filed by a former Ocala Police Department officer alleging discrimination based on her sex. The plaintiff, Casey Walsh, also claims that a hostile work environment was created during her tenure as an officer and that she was retaliated against when she filed a complaint.
This Florida case is significant in its representation of fighting discrimination at work and unlawful actions in the workplace. A federal lawsuit is filed to hold people accountable for discrimination and other illegal behaviors. The following explains the pertinent details of the case.
 
ABOUT THE ALLEGED DISCRIMINATION CASE
The Defendants
Walsh filed the federal lawsuit against:

The City of Ocala
Ocala Police Department Chief Greg Graham
Ocala Mayor Kent Guinn
City Council members, and others

She alleges that all of these parties contributed to or allowed the creation of the hostile work environment, discrimination, and retaliation when she filed complaints.
 
What the Plaintiff Claims
Casey Walsh was an eight-year veteran of the Ocala Police Department before her sheriff’s deputy status was suddenly rescinded in January 2017. On multiple occasions over the course of her time as an officer, Walsh claims she was subjected to inappropriate comments and requests of a sexual nature by Chief Graham. She alleges these comments and requests occurred at work, at an awards ceremony, at K-9 training, and on a trip to Washington, D.C. for the National Law Enforcement Memorial.
Walsh also claims that the city and council members failed to prevent further acts of discrimination after she related the unwelcome, offensive, and illegal behavior to them and that they showed a “reckless and callous indifference” to the alleged acts. Furthermore, they reinstated Graham as Chief of Police after the conclusion of an investigation that was approved by the mayor.

The Status of the Federal Lawsuit
A formal grievance was filed with the  U.S. Equal Employment Opportunity Commission against the city in September 2016. In May 2018, the commission notified the defendants that there was not enough information to establish a violation of the statutes. But it’s not over. With the filing of the federal lawsuit against the city, the mayor, the chief of police, and the city council and others, Walsh is asking the court to grant a judgement to her — awarding her back pay and benefits that she would have received if it were not for the alleged harassment by the chief of police.
 
Additional Information
Casey Walsh is not the only one that has alleged discrimination against Graham and the Ocala Police Department. In fact, she is one of three former officers —but is the only one who has filed a federal lawsuit.
EMPLOYEE RIGHTS LAWYERS FIGHT BACK
The behavior that Walsh (and others) claims is not uncommon. Fortunately, employee rights lawyers are available to fight the tough fight and help those dealing with similar circumstances. Discrimination and sexual harassment are wrong and should never be tolerated. If you, a friend or family member, or a co-worker has been subjected to discrimination in the workplace, know you are not alone, and there are experienced dedicated lawyers that work hard each day to fight back and seek justice.
Contact Wenzel Fenton Cabassa, P.A. today for a free confidential case evaluation.
Other workplace discrimination articles:
Former Wegmans Employee Fired Over FMLA
6 Florida Employment Discrimination Laws You Need to Know
How to Prove a Hostile Work Environment in Florida
Darden Restaurants Settles Age Discrimination Lawsuit
3 Things You Need to Prove Your Employment Discrimination Case

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Fighting Discriminatory Practices at Temp Agencies
Temp agencies are designed to provide companies in need of short-term work with temporary employees. By contracting with these agencies, companies benefit by saving money on payroll expenses and employees are able to find short-term work while looking for full-time employment.
However, it is not commonly known by people looking for temporary work that temp agencies often engage in discriminatory practices – and it is illegal. Since they are contracted with businesses, temp agencies often discriminate against certain individuals to fill the specifications and roles outlined by the companies they work with to the detriment of the employees.
Do you think you may have been the victim of discriminatory practices used by temp agencies? If so, here is what you need to know.
Federal Law Prohibits Discrimination in the Workplace
Employees are protected against discrimination by the federal government. The U.S. Equal Employment Opportunity Commission (EEOC) enforces laws that prohibit discrimination because of a person’s race, color, religion, sex, national origin, age (40 or older), disability, or genetic information. State and local laws also protect employees against discrimination. Many businesses are aware of these laws, but it does not deter them from requesting specific criteria for a “qualified” candidate.
These laws apply to most businesses, provided the employer employs a sufficient number of employees to trigger coverage, including temp agencies. Often these agencies will discriminate against employees based on a protected class, making their actions as illegal as if the company that contracted them had committed such violations.
Due to the complexities of state and federal anti-discrimination laws, it is highly recommended that employees who are victims of discriminatory practices used by temp agencies have an employee rights attorney represent their case.

Who Is Affected by Discriminatory Practices Used by Temp Agencies?
Investigations have shown that staffing agencies will make assignments to individual clients based on that client’s request or stated preference for particular “specifications” for jobs like race (directives may be as obvious as a request to “only send white employees”) or sex (directives may be couched in terms of requirements for “strong” employees implying women are not welcome). Unfortunately, these discriminatory practices often affect minorities the hardest. In fact, according to a study by Northwestern University, Harvard and the Institute for Social Research in Norway, it was found that anti-black racism during the hiring process has not changed since 1989, while there has been a slight decrease for the Latino community.

“…white applicants receive 36% more callbacks than equally qualified African Americans” while white applicants receive on average 24% more callbacks than Latinos.” – Vox

Since temp agencies work on behalf of employers and not employees if they are requested by a company not to hire women, Latinos or Blacks, they often adhere to those requests – and blatantly discriminate against temporary employees based on a protected class.
Were You Discriminated Against? Contact a Labor Law Attorney.
At Wenzel Fenton Cabassa, P.A., our employment law attorneys are experienced in protecting employees from workplace discrimination, wrongful termination, retaliation, bullying and much more. We fight for fight for fairness, justice, and equal rights in the workplace. If you think you may have been the victim of discriminatory practices used by temp agencies, know you are not alone. The significant impact on minorities and women, in particular, is a major issue that we are determined to fight.
Unlike temp agencies, we work for employees, not employers, and focus on employee rights for all Florida residents. Contact us today for a free, confidential case evaluation. We offer locations throughout the State of Florida for your convenience: Tampa, St. Petersburg, Orlando, Miami, Sarasota, and Jacksonville.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Fighting for Unpaid Wages
4 Benefits of Hiring an Employment Law Attorney
There are two types of employees: clock-watchers and “overtimers.” For hard workers, there’s a clock-watching misconception. If you’re not tracking your time, you may believe you’ve missed out on the pay for those unaccounted hours. What’s worse, as a salaried staffer you might believe you aren’t entitled to any overtime at all.
In either situation, you could be eligible for your regular hourly wages and more. Only an employment law attorney knows for sure. Here are four benefits of hiring an attorney to fight for your unpaid wages.
 
1. Knowledge of Employment Law
The Fair Labor Standards Act (FLSA) includes provisions for a range of occupational positions and pay situations. An employment attorney has extensive knowledge on pay requirements per job – including everything from determining an exempt versus nonexempt employee to fair compensation for independent contractors, lawful compensatory time, and more.
The specific facts of your case (i.e. your job role and hours worked) will be supported by key standards for federal overtime throughout mediation or litigation.
2. Capacity to Investigate Your Claims
When you hire an employment law attorney, you’re appointing a team of investigators as well. Your untracked overtime isn’t lost – it simply needs to be uncovered. According to the FLSA, it’s employers’ responsibility to track total overtime earnings for the workweek. Furthermore, they must keep these records for up to three years.
An employment attorney can work with you to establish evidence of unpaid wages, even if you or your employer didn’t keep exact records.
3. Power to Build Your Case
An employment attorney can strengthen your case through collective action. With your permission, we’ll contact other employees to substantiate the violation of your rights, as well as the rights of other workers.
For example, collective action can be brought against employers who misclassified salaried employees as exempt. Typically, this employer practice affects more than one employee in an organization. An employment lawyer has the power to build your case by bringing your co-workers on your side.
4. Ability to Negotiate Unpaid Wages
Ultimately, you may be entitled to more money than you think. Unpaid overtime often results in a settlement of back wages – and those amounts can add up. We’ll negotiate unpaid wages for unlawful deductions, plus time and one-half of your regular pay rate for any unpaid overtime.
Fight the time clock. Contact Wenzel, Fenton, Cabassa, P.A. today to schedule a free case evaluation regarding your unpaid overtime and more.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Fighting to Get Unpaid Wages
Wage theft is a growing problem in Florida.The industries that are the backbone of the Florida economy – tourism, construction, hospitality, and retail trade – are some of the most affected with the highest number of incidents reported.
Wage theft, or unpaid wages, comes in a multitude of categories including unpaid overtime; non-adherence to minimum wage; unpaid severance, final commission checks or bonuses.Over 28 million dollars of unpaid wages have been recouped by the U.S. Department of Labor Wage and Hour Division in Florida. In Florida alone, on average, there are 3,036 wage violations reported each year.
Unpaid Wages
One of the most common forms of wage theft is unpaid wages. While it can happen in any industry it often is seen in construction where subcontractor bosses claim they must wait to pay workers until the contractor is paid. When the job is over, the subcontractor is gone, and the workers weren’t paid.
Ignoring Minimum Wage
Even the well-known Le Cirque restaurant in Manhattan is not above the law. In 2014, workers served the famed establishment with a class action lawsuit in federal court for not adhering to minimum wage and not paying overtime. The suit alleges managers were not keeping adequate records of the hours worked.
Those filing the suit accuse management of retaining tips and redistributing them to non-top eligible employees, such as managers. The Fair Labor Standards Act (FLSA) is clear about differentiating tipped employees from non-tipped workers. The minimum wage for both is quite different so strict adherence to the categories is crucial for proper FLSA compliance.
Unpaid Overtime
A recent case to make the news involved a Papa John’s Pizza Franchisee who split employees’ work hours between two stores. That way it didn’t appear, at first glance, that they were eligible for overtime. It wasn’t until employees compared the recordkeeping of both stores that they realized they had worked over 40 hours in total and were eligible for overtime.
Unpaid Internships
Years ago it was common for companies to employee college students for free, payment being the opportunity to work there, network, and add it to a resume. Today this sort of employment might be illegal. If an intern’s job description is wrongly classified and s/he is hired to do the work of an employee (meaning the company hires free interns to avoid hiring employees), the intern is probably owed compensation. Conde Nast paid $5.8 million in a settlement to over 7,000 of its interns in 2014.
“Blackballing” and Workplace Discrimination
Many interns and other workers don’t file to recoup unpaid wages or overtime because they are afraid of the ramifications. Interns are afraid they won’t be able to work in their chosen field because of being “blackballed” and workers who file against their current employer fear the ramifications. Both of these actions, a form of retaliation, are illegal. These are wages that are owed to you for work you’ve done. Firing you for filing a wrongful termination.
If you think your employer is committing wage theft, you need someone with extensive knowledge of employment law on your side. The attorneys at Wenzel Fenton Cabassa, P.A., can help. Contact them today for a free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Filing a Discrimination Lawsuit Against Your Employer: What You Need to Know
If you have been a victim of workplace discrimination, you may have grounds to file a lawsuit against your employer. Workers are protected by the Equal Employment Opportunity Commission (EEOC), which enforces laws that ensure fair treatment in the workplace.
However, filing a discrimination lawsuit can be tricky. You need an attorney with experience in these kinds of cases.
When you file an employment discrimination lawsuit, your employer cannot retaliate against you. This means you can still go to work and do your job without worrying about being written up or fired because of your claim.
An employment law attorney who knows how to file a discrimination lawsuit against an employer can make sure you are protected. They can advocate for you if you experience difficulty at work, such as harassment, after you file a discrimination complaint.
What Constitutes Discrimination in the Workplace?
Discrimination in the workplace occurs when an employee is treated unfairly or differently due to their membership in a protected class. This can include characteristics such as race, gender, age, religion, disability, national origin, sexual orientation, and more.
The EEOC enforces laws that specifically protect certain people in the workplace. If your employer has denied a promotion or a transfer to another position based on whether you are pregnant, have a disability, or are an older worker, they may have violated one of these acts:

The Pregnancy Discrimination Act
The Equal Pay Act
The Americans with Disabilities Act (ADA)
The Age Discrimination in Employment Act (ADEA)
The Genetic Information Nondiscrimination Act (GINA)

For example, a woman who can demonstrate that her employer is paying a man more to do the same job may file a claim under the Equal Pay Act.
There are other essential things to know about what happens after you file a discrimination lawsuit against an employer. Learning what is required of you, as well as what to avoid doing at work, protects you and your claim.
How Do I File a Discrimination Claim in Florida?
The process starts with filing a complaint with the EEOC. You can contact the local Florida office to file a Charge of Discrimination. You will be asked for your name, address, and phone number, as well as information about your employer, including its name and address, the number of employees, and telephone number.
Or, you can file your discrimination claim with the Florida Commission on Human Rights (FCHR). This agency typically handles claims filed against smaller employers, while the EEOC takes on claims filed against multi-state or larger corporations.
The EEOC and the FCHR work together, so when you file your claim with one agency, the other one is informed. Your lawyer can advise you on which agency to contact.
When filing a discrimination claim, provide as much information as possible about the incident. Valuable items include copies of emails that demonstrate discrimination or records of conversations between you and the person discriminating against you.
Once the EEOC or the FCHR have investigated your claim, they will issue a Notice of Right to Sue, which means that you can now file a discrimination lawsuit against your employer.
What Happens After Filing a Discrimination Lawsuit?
If the EEOC or FCHR determines there is a legitimate concern, the next step is mediation between you and a representative from your company. Mediation is a negotiation between the plaintiff and defendant, supervised by a neutral third party, in which both parties try to reach a compromise.
In employment discrimination cases, the company is often represented by lawyers whose job is to protect the company. You should have your own employment lawyer to represent your interests and protect your rights.
You likely will not see the person or people you named when filing a discrimination suit, but be prepared if one or more are called as witnesses for the company.
If mediation fails and you and your employer cannot come to an agreement, then the lawsuit will go to court, which is a long process and will involve a trial where each side presents its case.
Every discrimination lawsuit trial is unique. Ask your attorney who they expect to testify and how they think it will unfold to give you a better idea of what you will experience during the process.
Is There a Statute of Limitations on Workplace Discrimination Claims?
The statute of limitations for filing a discrimination lawsuit in Florida depends on the type of discrimination you experienced. Any charges that violated federal employment laws (claims filed with the EEOC), including Title VII, must be filed within 180 days from the last discriminatory action in the workplace.
For claims filed with the FCHR, incidents that violated Florida state laws, the statute of limitations is 300 days from the last adverse employment interaction. Florida has a “workshare agreement” between its own agency, the FCHR, and the EEOC, which means that charges filed with one agency are typically considered to be filed with the other as well.
Benefits of Hiring an Employment Law Attorney to Represent Your Claim

You might be wondering, “Can I file a lawsuit against my employer for discrimination?” Yes, but employment laws can be challenging to navigate. A Florida employment lawyer can help you determine whether you have a discrimination case, then work with you to file a complaint with the correct employment agency and defend your interests in court.
Sometimes, people may think they are being discriminated against, but the employer has not technically violated any laws. Determining if you have been legally discriminated against is your lawyer’s job.
Once they have established that you have been mistreated, they can work with you to put a dollar amount on the damages you are requesting, such as lost wages or the difference between what you are earning and what you would have earned with a promotion or transfer.
FAQs
What Is the Average Settlement for a Discrimination Lawsuit?
Settlements can range, and there is no one size fits all. However, the average discrimination lawsuit settlement in Florida is between $5,000 and $80,000.
What Qualifies as a Discrimination Lawsuit?
A discrimination lawsuit is one in which you were mistreated in the workplace based on your race, gender, sexual orientation, disability, age, or pregnancy. Filing a lawsuit can be complex.
What Happens When You Sue Your Employer for Discrimination?
Once you file a claim, the EEOC investigates your employer. If they find cause for wrongdoing, they will permit you to sue. Then, the case goes to mediation or court.
How Do I Sue My Employer for Discrimination?
First, file a complaint with the EEOC or FCHR. Then, hire a seasoned employment lawyer to help you prove your case effectively.
Have You Faced Discrimination in the Workplace?
If your rights under the EEOC have been violated, you may have a case for discrimination against your employer.
An experienced workplace discrimination lawyer from Wenzel Fenton Cabassa, P.A. can help. Call us today to schedule a free, confidential case evaluation to discuss your case.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Filing a Lawsuit Against an Employer: 5 Steps to Protect Your Workplace Rights
If you are considering filing a lawsuit against an employer, know you are entitled to certain protections under federal and state law. They are strong, comprehensive, and written to safeguard employee rights against powerful businesses across multiple industries.
When employers violate employment laws, there are steps that you can take to support your claim and get results.
Here are key steps you need to take to protect your workplace rights:

Know Your Employee Rights
Gather and Document Important Information
Be Discreet and Contain Your Emotions at Work
Be Expeditious – Do Not Delay Action
Consult with an Employee Rights Attorney

5 Key Steps to Help You Protect Your Rights in the Workplace
1. Know Your Employee Rights
Employee rights are wide-ranging. Employment law covers many areas that employers are legally obligated to follow. This includes protection against:

Discrimination – Employees have the right to not be discriminated against due to race, sex and gender, age (40 and older), disability, religion, pregnancy, national origin, and genetic information in any aspect of their job. Additional rights are protected under the law, including no discrimination on the basis of sexual orientation. From the hiring process to promotions and more, laws such as Title VII of the Civil Rights Act and the Age Discrimination in Employment Act (ADEA) offer tremendous protections.
Sexual Harassment – Sexual harassment is against the law. Period. Everyone deserves the right to a safe working environment. Employers are increasingly being held accountable for their actions and must take steps to stopping sexual harassment and safeguard employees and their careers.
Wages – Employees are entitled to be paid what they are lawfully owed. When filing a lawsuit against an employer, attorneys work hard to build strong cases for payment of wages legally owed, including unpaid overtime, back pay, unpaid wages and commissions, fulfillment of employment contracts, and more.
Whistleblowing – When employees are trying to do the right thing, they should not be retaliated against. According to Florida’s Private Whistleblower’s Act, Florida’s Public Whistleblower Act and numerous statutes such as OSHAct, it is unlawful for employers to terminate employees for uncovering, objecting to, or reporting violations of state and federal law.
FMLA and Workers’ Compensation Retaliation– Employee rights are also strong regarding family and medical leave and protections against retaliation for filing a workers’ compensation claim.

Employee rights attorneys work closely and confidentiality with clients each step of the way when filing a lawsuit against an employer. Knowing your rights is the first important step to a resolution.
2. Gathering and Documenting Important Information
When you are considering filing a lawsuit against an employer, documenting the situation as soon as possible is a key way to protect your workplace rights. Documentation such as employee handbooks, wage/salary documentation, employment contracts, relevant emails and texts, memos, reviews, and other HR or related physical or electronic documentation can be strong case builders.
If there were incidents, such as verbal, physical, or sexual harassment, offensive language, or other actions related to the situation, documenting what, where, who, and when of what happened to the best of your ability is important. Also, include any potential witnesses to the event/actions.
Even if you feel you do not have a lot of documentation, you may have more than you think. Employment attorneys are highly skilled at assessing the situation and can build cases in different ways.
3. Be Discreet and Contain Your Emotions at Work
When employers act in potentially unlawful ways, it can be very upsetting. Doing your best to be discreet and contain your emotions at work can not only be helpful to your case when filing a lawsuit against an employer, but it can also be good for your mental health. Discussing the situation with colleagues, especially when emotions are heated, may exacerbate the problem. Failure to meet your job requirements, disruption of work, outbursts, even if you believe them to be justified can provide an employer with an independent basis for your termination, which may allow the employer to escape liability even if you can prove there ws prior discrimination or harassment.
Seek out stress-relieving activities away from work as you are working toward a resolution to the issue. From physical activity to meditation, yoga, and more, taking steps outside of work to channel your emotions will help you to be discreet and professional in the workplace as your case is progressing.
4. Be Expeditious – Do Not Delay Action 
Just as in other types of legal matters, there are time limits (statutes of limitations) for filing a lawsuit against an employer for violations of employment laws. The statutes of limitations vary depending upon the case, but it is important not to delay action.
For example, if you are considering filing a lawsuit for discrimination, you first need to file a claim with the U.S. Equal Employment Opportunity Commission (EEOC). This process applies if you are bringing a claim under a law administered by the EEOC, except for those under the Equal Pay Act. Once the investigation is completed by the EEOC, they will send a Notice of Right to Sue. A request can also be submitted during the investigation process. You do not have to file a charge on your own- in fact, you should seek counsel before signing a charge if time permits. You do not need to sit patiently on the sideline while the EEOC “investigates” your charge. The EEOC does not represent you and will not be advocating your position your attorney will. Significant progress can be made by you and your attorney before the charge is filed and while it is pending.
Important note: After you receive the Notice of Right to Sue, you only have 90 days to file a lawsuit under many federal laws. This 90-day limited time frame is set by law.
5. Consult with an Employment Law Attorney
When financial stability and careers are at stake, having a full understanding of your rights – and your potential legal options – will give you the resources you need to make the correct decision for you, your career, and even your family.
Employment Law attorneys understand how difficult it can be when someone is considering filing a lawsuit against an employer. They understand the short and long-term impacts of moving forward (or not moving forward) with a case. Client case evaluations are confidential, offering an objective and expert assessment of individual situations to help employees make critical decisions regarding employee rights and potential lawsuits.
They can also inform you of potential resolutions to violations of your employee rights. They work aggressively to get justice against powerful employers who break the law.
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Wenzel Fenton Cabassa, P.A. is included in U.S. News & World Report’s list of 2020 Best Law Firms as well as Tampa Magazine’s 2019 list of Top Lawyers.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Filing An EEOC Complaint: What to Expect & How Employment Lawyers Can Help
Have you experienced discrimination, retaliation, or harassment at work? Are you considering filing an EEOC complaint? Before you do, it’s important to understand the EEOC process and what to expect.
At Wenzel Fenton Cabassa, P.A., we understand the difficulties employees face when confronting workplace discrimination. To help alleviate some of your concerns, we have answered some important questions as they relate to filing a complaint with the EEOC and the process. Should you need further assistance, contact our office today to schedule a free, confidential case evaluation.
Filing an EEOC Complaint

The Equal Employment Opportunity Commission handles claims of discrimination and retaliation against employers in the United States. To take legal actions against an employer for discrimination, you must first file a claim with the EEOC. However, this is not the case when filing a complaint of discrimination in wages and benefits. When filing an EEOC claim, time is of the essence.
If you choose to file an EEOC claim, you can submit it in person or at a local EEOC office, by mail, or online. You can also begin the process over the phone. It is also important to note that you do not have to quit your job or be fired to file an EEOC complaint. In fact, you can still be employed and file a complaint against your employer.
Be sure to have any documentation, such as emails, recordings, and/or letters, to help prove your claim of discrimination against your employer. The EEOC is not going to take your word for it. As your employer will come fully prepared to protect themselves, you must do the same.
When dealing with the EEOC, having an employment discrimination attorney on your side is crucial. They can help guide you through every step of the process and can ensure your rights are adequately represented and protected.

After You File
After you file, it can be a bit of a waiting game. The EEOC takes time to decide the outcome of claims. As with many claims that are filed, a representative at the organization will assign a mediator — inviting the parties to engage in mediation to resolve the complaint. Mediation with the EEOC is a voluntary process. An employment discrimination attorney can assist in speeding up the process and maximizing your recovery.
Having an experienced employment law attorney on your side during EEOC mediation can be very effective, especially when it comes to the outcome of your complaint. Results of mediation can include a policy change, and in typical cases, a financial settlement from the employer is also included.
Proving an EEOC Claim
There are basically three main areas that need to be covered to prove your case after filing an EEOC claim. These are important in both mediation and litigation (if the claim is not resolved and a legal case is filed). Here are the areas to focus on to prove your EEOC claim:
Motive
Motivations for discrimination can be hard to talk about – and challenging to establish. Many states, including Florida, are designated as an “at-will” state where employers can fire employees for any reason. But that is any reason that is not illegal. Discrimination is illegal, and employers should be held accountable for it.
Motive may be easily proven if the employer is upfront about discriminating against you because of your:

religion,
race,
age,
sex,
nationality, or
other class protected by federal law

It is actually more common than you think. If you have documentation (email, voicemail, memos, texts, messages, evaluations, etc.) with sexist, racist, ageist or other discriminatory language, make sure to save them.
Inequality
Employers should be treated equally. Often, and unfortunately, they are not. Have you been unable to take your religious holidays off but another employee of a different religion has? This is an example of inequality in the workplace.
It is also important to document instances of inequality. Do you have copies of work schedules? Keep them. Do you have copies of denials from your manager or scheduler when you were requesting religious holidays off? Keep those too. Any and all documentation serves to accumulate the evidence to prove your claim.
A “Neutral” Policy that Discriminates
A “neutral” policy that is discriminating can be, for example, requiring applicants to do something that is not necessarily applicable to the job they are applying for. This could be used to, say, discriminate against women or people with disabilities by requiring very heavy lifting to get considered for the job. Candidates for jobs, as well as current employees, have the ability to file an EEOC claim.
Popular Reasons for Mediation
Mediation has several benefits. One of the popular reasons is because it is a confidential process. It is strictly between you and your employer and any mediators or lawyers present. Cost is another factor because the EEOC will provide a mediator for free. A mediator acts as a neutral party to resolve a conflict. They are strictly neutral, not coming into the claim to be on one side or the other.
If you have your own employment law attorney during EEOC mediation to help prove your case, you are much more likely to get a fair and equitable settlement. An employment attorney fights for the rights of employees every day and has the experience and expertise to represent you well.
File An EEOC Claim with A Florida Employment Law Attorney
Knowing what to expect when filing an EEOC claim is the first step. This gives you the initial information you need to be prepared for the next steps, including mediation. Whether you are still being discriminated against at work or have been fired because you made a complaint to your direct supervisor, your manager, or even your human resources officer, it is important to consult with an employment law attorney to discuss your best options. The employment lawyers at Wenzel Fenton Cabassa P.A. understand the strategy and perspective of employers — to fight hard and skillfully for employees in EEOC mediation.
Contact us to schedule a free, confidential case evaluation. Don’t sit across from your employer alone. We are here to help with your EEOC claim.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Find Out if You’re Covered by the Family Medical Leave Act
Are you entitled to protection under the the Family and Medical Leave Act? The Family and Medical Leave Act (FMLA) provides that covered employees have a right to return to their jobs after approved, eligible leave. Employees who are eligible for protected FMLA leave may take up to 12-weeks unpaid leave during a 12-month period. They must apply for leave, in a timely manner, using forms available from the HR department or HR representative.
A recent court case against Tyson Fresh Meats is testing whether someone can be fired for not following the Company’s protocols for leave and absences when that employee gives notice of an FMLA covered absence. Delbert Eugene Hudson asked his girlfriend (who also worked for employer Tyson Fresh Meats) to inform his manager he would not be in for a few days due to illness. He then texted the manager as a follow-up. The company’s attendance policy requires that an employee phone in his absence.
Mr. Hudson testified that he also signed a leave of absence application. He claims someone, other than him, checked the non-FMLA absence box. When he returned to work two weeks later, he was reinstated but told not to go to the floor or perform his duties and then terminated the same day.
Is the Employee’s leave in Tyson Fresh Meats Case protected by the FMLA?
According to Tyson Fresh Meats, he was not terminated for anything having to do with FMLA –they claim he was fired for failing to properly notify the company of his absence. Hudson brought suit in the US District Court against his employer because he believed he was out on FMLA leave — thinking the position was to be kept open for him, and he had a protected right to be restored to his position upon expiration of his leave. He also challenged that the company misclassified his leave as non-FMLA leave. The District Court granted Tyson’s request to dismiss the case.
Hudson appealed to the 8th District Court. The 8th District saw validity behind his claim that his leave was wrongly classified as non-FMLA and found there was a dispute over whether he was actually reinstated he was not allowed to work on the day he returned from his leave. The court believed there was evidence that Hudson was discriminated against and reinstated the case.
Tyson’s Reasons for Termination and Questionable Enforcement of its Call-In Policy Create Murky Waters
One of Tyson’s main problems in this case is that the details around Hudson’s leave are unclear and their reasons for terminating are murky. Initially, Tyson claimed he was fired because he failed to notify anyone of his absence. Then the company admitted that he did not, but not in the manner in which is outlined by the employee handbook.
There are many questions surrounding this case such as

Did Hudson intend to go out on FMLA and was the box wrongly marked?
Did he have the leave approval that was required?
Did he have the leave approval that was required?
Was his absence an FMLA-approved absence?
Was he reinstated according to the law and then fired upon return?

The case was reinstated on both of his claims. The unanimous court said, “There is a dispute of material fact whether Hudson was restored from leave before being terminated.”
If you think you’ve been wrongly terminated after an FMLA-approved absence you don’t have to sit by and watch it happen. A free case evaluation with the professionals at Wenzel Fenton Cabassa, P.A. can help you understand the law behind your employment case and what it will take to defend your position. Contact our employee rights attorneys today, and speak to someone who can help ease your employment concerns.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Fired During the Pandemic Without Warning? Why You May NOT Have a Case
The pandemic has been incredibly challenging for employers and employees alike. Employers have needed to make tough decisions, and many workers have lost their jobs.
Were you fired during the pandemic without warning?
Employees have many rights in the workplace, but due to the extraordinary circumstances of the pandemic, you may not have a case if you were fired during the pandemic without warning.
The WARN Act
The Worker Adjustment and Retraining Notification (WARN) Act is administered by the U.S. Department of Labor and helps to ensure advance notice of mass layoffs to employees. Typically, the WARN Act requires employers, such as factories and processing plants, to give employees a 60-day notice. With the onset of the COVID-19 pandemic, many employees were fired with much less notice than 60 days. The WARN Act has exceptions to that 60-day requirement, including for natural disasters.
The 11th U.S. Circuit Court of Appeals, as of summer 2021, is considering an amicus brief by the U.S. Chamber of Commerce and other major business groups that contends that the COVID-19 pandemic should fall under the exception of the WARN Act as a natural disaster – and that the pandemic was the direct cause of the layoffs. This would make employers exempt from the 60-day requirement if ruled accordingly.
Due to the extraordinary circumstances of the COVID-19 pandemic, the WARN Act may not protect workers. You may not have a case against your employer if you were fired without warning during the pandemic.
Workers Still Have Many Legal Protections in the Workplace
Florida employees still have many legal protections in the workplace under state and federal law. Employers must abide by these laws or face the consequences.
Employee rights include protection against:
Retaliation — retaliatory actions may include getting a reduction in pay, losing regularly scheduled hours, changes in work assignments, and being intentionally excluded from training or meetings that other employees attend.
Discrimination& Harassment— including sex discrimination, race discrimination, age discrimination, disability discrimination, pregnancy discrimination, religious discrimination, and sexual harassment.
Hostile Work Environment —a workplace where an employee (or group of employees) is subject to discrimination, offensive comments, bullying, or unwanted sexual advances — creating an oppressive, intimidating atmosphere where the employee may even be fearful of going to work.
Employees also have additional protections to ensure minimum wage requirements are being met, earned overtime is paid correctly, and employment contracts are being honored, among others.
Florida Employee Rights Attorneys
Even if you may not have a case after being fired during the pandemic, employee rights attorneys can help with multiple types of employment law violations.
If you believe that you may have a case against your employer, it is advisable to speak to an attorney that is an expert in employment law. During a case evaluation, they will discuss the details of the complaint of potential violations with you to determine your best legal options.
Contact Wenzel Fenton Cabassa, P.A. for a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Fired for Being Pregnant? 5 Situations When You Should Call an Employment Lawyer
Have you lost your job due to pregnancy, or are you wondering, can you fire a pregnant woman for just being pregnant? Laws exist to protect employees from such unfair treatment and employment discrimination. Wenzel Fenton Cabassa has been working tirelessly for over 30 years to advocate for women in these situations. Understanding your rights is essential when seeking justice. While not all employees in Florida are covered by these protections, many are.
If you believe you were wrongfully terminated because of your pregnancy, you may have the right to pursue legal action. Contact the experienced pregnancy discrimination lawyers at Wenzel Fenton Cabassa to explore your options.
When You Should Hire a Pregnancy Discrimination Lawyer

 You Are Fired For Being Pregnant

The Pregnancy Discrimination Act (PDA)  provides federal legal protections for pregnant workers. If your employer has 15 or more employees, you are safeguarded against discrimination and harassment based on pregnancy. These protections apply if you are pregnant, were previously pregnant, or may become pregnant. If you’ve been terminated due to pregnancy, it’s essential to consult with a discrimination lawyer at Wenzel Fenton Cabassa to determine if your case qualifies for a discrimination claim with the Equal Employment Opportunity Commission (EEOC).
Not all employers are overt in their discrimination. Many forms of workplace bias are far more subtle. Discrimination can manifest in various ways, often falling short of outright wrongful termination. If you’re unsure whether your rights were violated, speaking with an experienced employment attorney can help clarify your legal options.

 Your Employer Does Not Grant You 12 Weeks of Unpaid Leave

Your legal protections extend beyond protection from unlawful termination. Under the Family and Medical Leave Act (FMLA), employers with 50 or more employees within a 75-mile radius must provide eligible employees up to 12 weeks of unpaid medical leave annually. This leave can be used for maternity or to address specific health conditions, offering job protection during important life events.
If you’ve worked for your employer for at least 12 months and logged at least 1,250 hours—but are denied leave or fired for requesting it—this may be FMLA retaliation. It’s important to contact an employment attorney who handles FMLA retaliation cases to protect your rights.

 You Were Fired After Being Treated Unequally for Using Accrued Leave

If your employer allows some employees to use accrued leave without penalty, but punishes or terminates you for doing the same during or after pregnancy, that could be a form of discrimination. Under the Pregnancy Discrimination Act (PDA), all employees must be treated equally in terms of benefits like sick leave or PTO.
Being fired for taking the same leave others are allowed to use may signal a deeper bias against pregnant workers. An employment attorney can help you determine if your termination was discriminatory and fight to protect your rights.

 Unequal Treatment in Firing Policies for Too Much Missed Work

Were you fired for missing work during your pregnancy? If so, your termination may have been unlawful. Employers must apply absence and termination policies consistently, and they can’t treat pregnancy-related absences more harshly than other medical or personal leave. Several federal laws, including the PDA, ADA, PWFA, and FMLA, may protect you. Additionally, if you experience pregnancy-related medical conditions that qualify as disabilities, you may be protected under disability discrimination laws. As outlined in the example above, termination policies based on missed workdays must be applied consistently to all employees, regardless of whether the absences are due to pregnancy or other reasons.

 You Were Not Offered Accommodations and Were Fired Because You Were Unable to Perform Your Job

The Pregnancy Discrimination Act may entitle you to workplace accommodations that enable you to perform your job safely. These accommodations may include:

Altered break and work schedules (such as breaks to use the restroom)
Permission to sit or stand
Elimination of marginal job functions (like heavy lifting)

Under the PDA and the ADA, where applicable, employers are required to consider accommodation options. However, there are limits to what accommodations must be provided. For instance, the ADA does not obligate employers to implement changes that would cause undue hardship or significant expense. Additionally, the employer can choose which one to provide if multiple accommodations are viable. Given the complexity of these issues and legal requirements, seeking guidance from a Wenzel Fenton Cabassa legal professional is highly recommended to address your situation effectively.

Fired for Getting Pregnant While on Maternity Leave
A woman fired for getting pregnant while on maternity leave is not only unethical but may also violate federal and state employment laws. Pregnancy should never be a justification for terminating someone’s employment, especially during maternity leave, a period protected by law. Unfortunately, some employers retaliate against women who become pregnant again during or shortly after their leave, citing concerns about attendance, job performance, or future availability. Such actions may breach the Pregnancy Discrimination Act and other workplace protections like the Pregnant Workers Fairness Act (PWFA). If you were terminated after announcing another pregnancy or while still on maternity leave, you could have the right to file a pregnancy discrimination claim. This may allow you to seek compensation for lost wages and justice against your employer.
What Should I Do If My Employer Fires Me For Being Pregnant?
If this happens to you, it’s important to take swift action. First, contact an employment discrimination lawyer at Wenzel Fenton Cabassa, P. A. Then, you should have one of our attorneys file a claim with the Equal Employment Opportunity Commission (EEOC) within 180 days of your termination. The EEOC will investigate your case and determine if sufficient evidence supports a discrimination claim against your employer. If so, they may recommend EEOC mediation or legal action.
It’s important to know that you are not alone in this experience. Pregnancy discrimination affects many employees in Florida. Taking legal action can help protect your rights and contribute to a fairer workplace for others. So, if you believe you have been discriminated against due to pregnancy, don’t hesitate to seek legal counsel and fight for justice.
Take Action. Fight for Your Rights.
Employment discrimination and wrongful termination related to pregnancy, including being fired for becoming pregnant while on maternity leave, are unjust and unacceptable. If you're facing this, know that you're not alone. Dedicated and compassionate employment discrimination lawyers are ready to stand by your side and fight for your rights.
Reach out to Wenzel Fenton Cabassa, P.A. today. We offer a free and confidential case evaluation to review your situation and determine if you have a pregnancy discrimination case.
It’s essential to act quickly, as there are strict statutes of limitations for filing pregnancy discrimination claims. Don’t wait. Take a stand and fight for your rights.
At Wenzel Fenton Cabassa, P.A., we empower employees wronged by their employers to make informed decisions and pursue justice. Contact us today to get the support you need.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Fired for Being Pregnant? What You Have to Prove
Pregnancy is a joyous event. However, it’s not without its stresses. One stress you shouldn’t have to worry about is losing your job. It’s against the law to be treated differently than other non-pregnant employees at work because you are pregnant. As long as you are capable of doing your job, you must be allowed to work as any non-pregnant employee would be entitled to work. You are entitled to the same terms and conditions of employment and benefits as non-pregnant employees.
Similarly, if there’s an assignment you can’t do because you’re pregnant, you must be afforded the same reasonable accommodations given to someone with a different disability. Also, your employer cannot determine when you will go out on maternity leave or how long you must stay out after childbirth. If your company does not provide sick leave, it could be discriminating against you as well if it allows time off for those with different conditions such as a chronic pain problem.
According to the Equal Employment Opportunity Commission (EEOC), pregnancy discrimination
“involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.”
Pregnancy discrimination not only applies to being fired because you are pregnant, but it can also include other adverse employment actions such as being passed over for promotions, being denied benefits, and/or not being hired when you are a candidate for a job.
In 2016, the EEOC received 3,486 pregnancy discrimination claims, which amounted to awards of $15.5 million (this does not include monetary awards attained through litigation). Pregnancy discrimination does occur. Don’t assume your employer has entered the 21st Century and left pregnancy discrimination behind.
If you believe you were wrongfully terminated or if any of the above applies to you, there are actions you can take to prove that you were discriminated against. The burden of proof will come down to direct or circumstantial evidence.
What You Need to Prove Pregnancy Discrimination

Direct Evidence

If your employer admitted to acting with discriminatory intent, you likely have direct evidence to prove your case. For example, if you tell your boss that you are pregnant and you are then subsequently terminated, although able to work, you may have direct evidence of pregnancy discrimination.
In most situations, your employer is required to make reasonable accommodations for you if you have limitations associated with the pregnancy. For instance, a police officer can be assigned a clerical position for the duration of her pregnancy. Firing is not a reasonable accommodation.

Circumstantial Evidence

On the other hand, if you don’t have direct evidence, you can also prove discrimination by showing that your employer went against standard policies and practices, altered its behavior in some fashion, or operated in a way that did not make sense for the business. If your employer does not provide a logical explanation for its actions, there could be an inference of discrimination. Similarly, if it can be proved that your employer started treating you differently after hearing that you were pregnant or if other employees were accommodated for ailments like back pain and you were not, discrimination could be inferred.
Talk to an Experienced Employment Attorney
If you believe you were treated differently than your co-workers due to your pregnancy, it’s best to consult an experienced employment attorney to help you navigate the process. The first step is to file a Charge of Discrimination with the EEOC so that you can preserve your right to sue. However, time is of the essence because there are deadlines for both filing a charge and a lawsuit.
While you can file without an attorney, having representation is advisable. Your employer will have representation. An employment attorney can help you sort out the details of your experience, including three things you need to prove your employment discrimination case.
At Wenzel Fenton Cabassa, P.A., we protect employee rights, and we can help you understand pregnancy discrimination as it relates to wrongful termination. Please access our free ebook on Wrongful Termination today or call us to schedule your free case evaluation.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Fired for Filing a Wage Claim in Florida? Here's What You Need to Know
Do You Believe You Were Fired for Filing a Wage Claim in Florida? Know Your Rights and Take Action.
If you think your employer may have fired you for filing a wage claim in Florida, it’s critical to know that both federal and state laws protect you against retaliation.
Under the Fair Labor Standards Act (FLSA), most employees in the United States have the right to receive at least the federal minimum wage and overtime pay for hours worked over 40 in a workweek. While some exemptions apply, such as certain salaried employees or independent contractors. This law protects the majority of workers.
Florida wage laws further strengthen these protections. The state’s minimum wage is recalculated annually and currently exceeds the federal minimum. As of September 30, 2025, the Florida minimum wage is set at $14.00 per hour, compared to the federal minimum wage of $7.25.
Key Points About Florida Wage & Hour Laws

Employers cannot retaliate against employees for filing a wage claim or exercising their rights under Florida law.
Employees are entitled to the Florida minimum wage unless exempt under specific laws.
Employers who violate wage laws or retaliate can face civil penalties, fines, or lawsuits.
The Florida Whistleblower Act also protects employees who report wage violations or other unlawful activities by their employer.

Your Rights Under the FLSA and Florida Law
If you’ve filed a wage claim or even just raised concerns about unpaid wages, federal and Florida laws protect you from retaliation such as termination, demotion, or discrimination.

You are protected if you file a complaint with the U.S. Department of Labor (DOL) or participate in a wage-related legal action.
You may have the right to bring a civil lawsuit against your employer to recover unpaid wages, damages, or reinstatement.

What To Do If You Suspect a Wage Violation or Retaliation
If you believe your employer failed to pay you properly, you may have grounds to pursue legal action. You’ll need to show:

You were employed and entitled to the wages in question.
You worked the hours claimed and were not compensated.
Your employer failed to pay as required by law.

If you’ve been fired or retaliated against after filing a wage claim, you are protected under both federal and Florida law. It’s often in your best interest to speak with an employment attorney who can evaluate your situation, explain your rights, and help you build a strong case.
How Wenzel Fenton Cabassa, P.A. Can Help You
Our experienced employment law attorneys are dedicated to protecting workers' rights in Florida. We can:

Review the details of your claim and termination.
Help gather evidence and documentation to support your case.
File legal actions on your behalf.
Represent you in negotiations or court proceedings.

Don’t Let Retaliation Go Unchallenged  If you believe you were wrongfully terminated for filing a wage claim, reach out to our team. We offer free case evaluations and can help you understand your legal options. Download our Wrongful Termination: When Firing Is Illegal guide and our FLSA eBook for additional insights.
We don’t get paid unless we win because we’re committed to getting you paid. Contact us today to schedule your free case evaluation.
 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Fired for Not Signing Non-Compete Agreement?
You May Have a Wrongful Termination Case.
Employers institute non-compete agreements for a variety of reasons, mainly to prohibit employees with critical information on the company from taking clients or ideas to competitors. Agreements can be narrow in prohibiting only direct pilfering of clients, research, and employees or extremely broad in prohibiting employees from working in the same field for a direct competitor anywhere in the US. If you refused to sign the agreement and were later fired for not signing non-compete documentation, you could have a case for wrongful termination.
How Do I Know if I Have a Case?
While Florida is an at-will state, meaning an employee can be fired at any time with little to no cause, employees cannot be fired for whistleblowing or turning in a company for violating a public policy. An overly broad non-compete is considered a violation of public policy. Thus, an employee who is unwilling to sign it is not violating company policy and is protected by state public policy. The employee cannot be fired for not signing non-compete documentation as an act of retaliation.
The non-compete agreement must not restrict trade/competition or the rights of the employee to earn a living but merely serve as a safeguard for the proprietary information of the company. An employment rights attorney can help you understand the difference with a quick review of the non-compete agreement.
Sometimes employers shy away from firing employees for not signing a non-compete or other employment contract and instead create a hostile work environment in the hopes that person will leave on their own. Adverse employment actions may also be experienced by the employee, including but not limited to, being passed over for promotions, being reassigned to a less desirable department or one that doesn’t earn a commission, and/or being assigned less lucrative or lower-profile projects.
Non-compete Agreements May Be Considered Null and Void if…
There are several ways an employment contract of this sort can be negated. As mentioned above, if it is overly broad and unfairly hinders an employee’s ability to find work in his/her field, it can be contested. The employer must have a legitimate business interest in having the employee sign the agreement. That means that low-level clerical staff, who do not participate in major decisions for the company, are not subject to agreements. As another example, an accounting software company cannot keep a salesperson from selling other forms of software not related to their product or industry.
If a company requires you sign an agreement to protect their client list, that list cannot be available to the public, such as a chamber of commerce directory.
Also, if part of the contract included a stipulation on unpaid wages or commission and those amounts were not paid out, the employee is relieved of all obligations under the contract.
Agreements cannot be for an inordinate or punishing period of time. Two years is standard, and some courts have allowed three, but anything longer than that is considered unreasonable.
If you feel you’ve been wrongfully terminated, or have questions regarding your non-compete agreement or employment rights, contact Wenzel, Fenton, Cabassa P.A. today to schedule your free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Fired for Reporting Workplace Abuse?
Most Common Retaliation Tactics In The Workplace
Just recently, Walmart made headlines for allegations they retaliated against employees who protested against the company’s wages and working conditions in 2013. Sadly, this appears to be common practice among many companies, big and small. In fact, even though employees who report abuse are protected by federal law, workplace retaliation has been on the rise over the past few years.
What Is Workplace Retaliation?
Have you ever wondered why you didn’t receive the promotion that you were certain was in the bag? Or why you suddenly seem to be excluded from routine company meetings? Could it be because you reported abuse in the workplace?
If you’re asking these questions, there’s a good chance you’ve fallen victim to workplace retaliation. There’s a common misperception that it comes in the form of a firing or extreme verbal abuse. And although those are common tactics, it’s not always expressed in such a straightforward manner.
Retaliation can also be very subtle. Anything from getting the cold shoulder from your coworkers to being relocated to another office can qualify as forms of workplace retaliation.
 
Workplace Retaliation Statistics
According to the Ethics Resource Center in 2011, there were more than 138 million Americans over the age of 18 in the workforce. Of those:
 

45% of workers observed misconduct in the workplace;
65% of workers who observed misconducted admitted to reporting it; and
22% of workers who reported misconduct experienced retaliation.

 
 
Wondering about the most common retaliation tactics in the workplace? According to the ERC, here’s what the employees who reported abuse in the workplace experienced:
 

Left out of workplace decisions and activities: 64%
Experiencing the cold shoulder from fellow employees: 62%
Verbal abuse from management: 62%
Nearly lost their job: 56%
Excluded from raises or promotions: 55%
Verbal abuse from fellow employees: 51%
Reduction in hours or wages: 46%
Relocated or reassigned: 44%
Demoted: 32%
Abused online: 31%
Physical harm: 31%
Harassed at their home: 29%

 
 
Fighting Back Against Retaliation
You are well within your legal rights to report abuse in the workplace. So if you feel as though you’ve been retaliated against, you should take steps to address the issue.
First, try to open the lines of communication. Speak with your supervisor and Human Resources Department and express your concerns about possible retaliation. Ask them to offer an explanation. If they’re unable to do so, you’ll need to build your case and report their actions.
Make sure that you document any form of abuse, no matter how small or insignificant it may at first appear. Also, be sure to keep record of your performance reviews prior to the alleged retaliation. Any evidence you can provide can only strengthen your case.
You shouldn’t be punished for doing the right thing – and you shouldn’t lose your job.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Fired for Social Media Posts?  You May Have a Case
Can you get fired for posting on social media?
Social media is an integral part of many people’s lives. But sometimes, workers get fired based on their social media posts. Depending on the situation, if you have been fired because of the content of your social media posts, you may have a case against your employer.
First Amendment Rights and Social Media
It is a common misconception that people feel like their First Amendment rights to free speech allow them to say what they want to say with no consequences. Yes, people are allowed to express their thoughts and opinions, but they are not necessarily protected from getting fired for what they say in their social media posts.
Employees who work in a government position are protected under the First Amendment (with some limitations)(, but private-sector employees do not have that same protection from getting fired because of social media. Florida is an “at-will” state, meaning you can be fired for any reason (or no reason at all) as long as the reason is not illegal.
If your employer has violated employment law that covers certain situations dealing with social media, they should be held accountable.
Employee Protections From Getting Fired for Social Media Posts

Florida workers do have certain protections against getting fired for social media posts. They involve key areas of employment law. Here are circumstances that could be sufficient for bringing a case against your employer:
Area of Focus: Employment Contracts & Agreements
Suppose you have an employment contract, collective bargaining agreement (CBA), or another type of employment agreement that includes details covering your freedom of speech on social media, and you were fired because of social media. In that case, there may be a breach of contract. Contact an employment law attorney to discuss.
Area of Focus: Discrimination
If you are in a protected class under federal and state anti-discrimination laws, you may have a case against your employer if you have been fired for social media posts. Protected categories include race, sex, national origin, sexual orientation, disability, religion, age, or marital status. If you said something on social media similar to others who are not in one of the protected classes – who did not get fired for what they said – your employer very well could have violated employment law.
Area of Focus: Retaliation
Are you a whistleblower for safety issues or illegal business practices and were fired for relevant social media posts? Have you complained about discrimination or sexual harassment on Facebook and were subsequently terminated from your job? Federal and state anti-retaliation laws are on the books to protect employees from retaliation.
Area of Focus: Protected Concerted Activity
It is not uncommon for co-workers to discuss work issues on social media. Suppose you are a rank-and-file employee and are discussing working conditions, such as safety hazards, with other rank-and-file employees. In that case, your communications may be protected by the National Labor Relations Act. Generally, this Act protects “concerted activity” and prevents employers from firing you for terms and conditions of employment with your co-workers. If you have been fired for these types of social media posts, consult with an employee rights attorney to determine your best legal options moving forward.
Wenzel Fenton Cabassa, P.A.: Defending Your Employee Rights
If any of the above areas of focus are relevant to your situation of getting fired for social media posts, you have the right to hold your employer accountable for violating the law. Employee rights attorneys have the experience and skills necessary to fight for you against powerful employers in complex cases regarding Employment Contracts & Agreements, Discrimination, Retaliation, and Protected Concerted Activity.
We believe that hard-working people should be treated fairly and have the ability to get the best outcome possible for your case.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Fired While on Short-Term Disability? You May Need to Hire an Attorney
Can You Be Fired While on Short-Term Disability?
Many workers in Florida may think that their positions are secure when they go on short-term disability due to a sickness or injury not related to their job. But it’s important to know that Florida is an “at-will” state, so your employer is legally allowed to fire you when you are away from work, depending on the circumstances. Fortunately, two federal laws could protect you while you are on medical leave from your job to include short-term disability.
The Family and Medical Leave Act (FMLA)
Under the Family and Medical Leave Act (FMLA), you are permitted to take up to 12 weeks of unpaid leave per year for eligible medical conditions, to bond with a new child, or to take care of an ailing member of your immediate family. Not all employers are covered by the FMLA; your employer must have 50 or more employees within 75 miles of your worksite. In addition, to qualify, you have to work for a minimum of one year for your employer and for at least 1,250 hours during the 12 months prior to taking FMLA leave.
FMLA leave can be used in conjunction with short-term disability; in fact, many employers require their employees to use their 12 weeks of FMLA leave while they are on short-term disability. Consequently, the FMLA serves as a means to protect employees when they are receiving short-term disability. If you are on FMLA leave, as a general rule, your employer cannot fire you as long as you don’t exceed the allotted 12 weeks during a calendar year. That said, even if you take an extra day above the 12-week period, you could potentially lose your job because you are no longer under the FMLA umbrella.
However, if you return to work within the time allotted under the FMLA, your employer is required to allow you to come back to the job you had when you left or give you a position with the same pay, benefits, job duties, and location.

The Americans with Disabilities Act (ADA)
Similar to the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA) provides protection from being fired due to a disability. Many employees who are on short-term disability are protected by the ADA, which defines a disability as “a physical or mental impairment that substantially limits a major life activity.” Unlike the FMLA, the ADA applies to employers with 15 or more employees, rather than 50 or more.
Under the ADA, your employer is required to make reasonable accommodations as they relate to your disability, as long as they won’t create “undue hardship” for your employer. However, you have to let your employer know that you have a disability so that accommodations can be made. Some examples of providing accommodations include modifying your job duties or schedule, ensuring that the workplace is wheelchair accessible, providing written assignments and instructions for you if you have a learning disability, and permitting additional unpaid leave.
As to whether the above accommodations can be defined as undue hardship, it varies among employers, depending on a number of factors, including employer size and the cost of making the accommodations. If your employer is unable to make reasonable accommodations, it can legally terminate you.
In you are on FMLA leave, your employer has to determine how it can accommodate you on the job before letting you go or not allowing you to come back to work. It’s imperative that employers and employees work together with the goal of accommodating every employee in mind. This may take some back and forth, but your employer has to make a good faith effort before considering terminating you simply because you can’t carry out your essential job functions.
When Can/Can’t You Be Legally Fired Under the FMLA and ADA?
The bottom line is that you can’t be discriminated against due to a disability or because you are pregnant. For example, if you are taking FMLA leave and are receiving short-term disability benefits, your employer may claim that you can’t perform the essential functions of your job. But there are different definitions of disability, all of which make it difficult to determine whether you can or can’t do your job. Here’s a quick rundown of when you can’t and can be legally fired when you’re on medical leave:

Can’t Be Legally Fired:

You are on FMLA leave, regardless of whether you are able to perform your essential job functions or not.
You are able to perform the essential functions of your job with reasonable accommodations, regardless of whether you are on FMLA leave or not.

Can Be Legally Fired:

You don’t return from FMLA leave after taking your allotted 12 weeks during a calendar year.
You failed to notify your employer that you were going to take FMLA leave and used up all of your sick leave or violated your company’s sick leave policy.
You are not able to perform the essential functions of your job even with reasonable accommodations.
You are able to perform the essential functions of your job with reasonable accommodations, but you don’t return to work once those accommodations have been provided by your employer.

If your employer did not have a legitimate, nondiscriminatory reason for firing you while you were on FMLA leave or didn’t work with you to provide reasonable accommodations when you were ready to return to work, you may want to speak with a wrongful termination attorney. In FMLA discrimination cases, the burden of proof ultimately falls on your employer, so they need to show that you would have been fired or laid off regardless of whether you had taken FMLA leave.
Fired While on Short-Term Disability? Contact an Attorney.
If you feel as though you may have been wrongfully terminated while you were on FMLA or short-term disability leave, it could be in your best interest to seek legal counsel. Wenzel Fenton Cabassa, P.A.’s team of professional employment law attorneys can answer any of your questions and help you decide the best course of action. For more information on the FMLA, including what you need to know about taking a medical leave of absence, download our free eBook What Every Employee Needs to Know About Their FMLA Rights.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### First Sexual Orientation Discrimination Cases Filed by EEOC
The first wave of lawsuits against unlawful sex discrimination based on sexual orientation — a new issue currently under pressure to expand protections of the law to sexual orientation — have been filed by the United States Equal Employment Opportunity Commission (EEOC).
The EEOC’s Philadelphia District Office filed a suit against Scott Medical Health Center with the U.S. District Court of the Western District of Pennsylvania. In a separate district, another suit was filed against Pallet Companies (IFCO Systems) with the U.S. District Court of the District of Maryland (Baltimore Division).
A gay male employee and a lesbian female employee filed these two sexual orientation discrimination cases under “sex discrimination” with the EEOC. The EEOC has taken the position that sexual orientation discrimination itself is a form of discrimination based on sex. Both employees seek punitive and compensatory damages from the employers in addition to orders from the court to end discrimination, harassment, and actions that amount to a hostile work environment.
Last year, the EEOC took the position that Title VII of the U.S. Civil Rights Act of 1964 prohibits sexual orientation discrimination or discrimination based on sex. This concept has been discussed for years, and often approached from creative arguments which hinge on sex-based discrimination and not sexual-orientation directly. The EEOC has long argued that sexual orientation cannot be understood without reference to sex, and that sexual orientation discrimination is considered a type of sex discrimination by nature. Sexual orientation discrimination is often based on whether an employee fits the stereotypical gender norms. For this reason, sexual orientation discrimination can be protected, and sex discrimination was previously held to apply to gender identity by a transgender woman who won a suit citing the Civil Rights Act against a federal contractor in Maryland.
“With the filing of these two suits, EEOC is continuing to solidify its commitment to ensuring that individuals are not discriminated against in workplaces because of their sexual orientation,” stated EEOC General Counsel David Lopez in a recent release. “While some federal courts have begun to recognize this right under Title VII, it is critical that all courts do so.”
Dale Baxley, the charging party in the action against Scott Medical Health Center, is a gay male employee. He filed a timely charge with the EEOC and is now pursuing a lawsuit against the Medical Center. He alleges that he was subject to harassment based on sexual orientation. The employee’s male manager had repeatedly referred to the employee using highly offensive remarks about his sexuality and sex life as well as anti-gay epithets. After the employee reported the behavior to his clinic director, the director replied that the manager was just “doing his job”, and refused to take action. The comments from his manager continued and escalated, until the employee quit to avoid being subject to further harassment and a hostile work environment.
In the second suit, a lesbian female employee reported being harassed by her supervisor because of sexual orientation. The employee’s supervisor had made comments numerous times regarding her sexual orientation and appearance, such as, “I want to turn you back into a woman” according to the EEOC’s report. The employee made a complaint with management and reported the harassment to the employee hotline. IFCO fired her just a few days after making the complaints.
Have you or someone you know experienced sex discrimination?
The best thing you can do for someone in this situation is to first find an attorney then go to the EEOC. Wenzel Fenton Cabassa, P.A., are advocates for employee rights and can help you file a suit. Call for a free case evaluation today.
SOURCES:
EEOC Files Suits Challenging Sexual Orientation Discrimination
Trans Woman Wins Employment Discrimination Suit Using Civil Rights
EEOC Files First Suits Challenging Sexual Orientation Discrimination

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Florida calls in the Feds to clean up their $63 million mess
After launching their unemployment benefits website in October 2013, Florida sees less-than-perfect results – and now they’re blaming the developer
As we’ve previously discussed, Florida invested $63 million in creating a new unemployment benefits website. In 2011, the state decided to require its citizens seeking unemployment compensation to file online. At the time, there was no means for them to do so, which meant the state had to build a web-based system more or less from scratch. However, since the site’s launch in October 2013, the U.S. Department of Labor says that claims have dropped nearly 20% – and the complaints keep rolling into Governor Rick Scott’s office.
Floridians unable to recover unemployment benefits
With such a heavy price tag, you’d think there would have been plenty of money available for quality control and field testing. Well, evidently not. Almost mirroring the debacle of the launch of Obamacare, the CONNECT website has not delivered what its developers and state bureaucrats had promised. Having only been available for three months, here’s a sampling of some of the biggest complaints:

Calls have dropped substantially, but the length of time per call has increased – which means staffers are unable to help claimants who are calling for assistance.
An average of $20 million in unemployment benefits hasn’t been paid to those who’ve filed for benefits and have qualified.
Of the benefits checks that have been awarded, the claimants who actually received them experienced severe delays.
Many claimants are experiencing so many problems in the filing process that they’re giving up and opting to not even apply, resulting in a decline in claims but leaving many unable to pay their bills.

And with the number of complaints mounting, Florida’s decided to point the finger at the developer, Deloitte Consulting, and call in the feds to pick up the pieces.
Finding a solution to Florida’s online unemployment problems
With Governor Scott looking at a potentially competitive race for re-election this year, Florida’s called in the federal government to pinpoint the problem and fix it – quickly. However, no one really knows how long it’ll take to get the CONNECT website working at an acceptable level. Deloitte has added ten additional programmers to their CONNECT staff, while the Department of Economic Opportunity has signed a $365,000 contract with a second vendor, Capgemini – adding to the already staggering cost of the project.
It doesn’t appear that anyone has an answer right now, but for the sake of the unemployed Floridians seeking their benefits, we hope the problem is solved. And If you’ve experienced problems in obtaining your unemployment benefits, be sure to keep trying. Continue to call and follow up on your claim. If you can’t get an answer, ask to speak with a manager. There’s no reason why you shouldn’t receive the benefits you’re owed.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Florida COVID Laws for Employees 2022
Florida COVID laws for employees have constantly evolved since the beginning of the pandemic. The legal issues are certainly complex surrounding the Florida vaccine mandate and other issues related to the COVID-19 pandemic.
At Wenzel Fenton Cabassa, P.A., we strive to keep workers informed of Florida COVID laws for employees and other new legislation in our ongoing mission to stand up for the rights of workers across the state.
Do you think your rights may have been violated under the Florida vaccine mandate? There are very particular rules that include exemptions for the Florida vaccine mandate in 2022. If you have been fired, you may be able to get reinstated. You may also be awarded back pay.
If employers violate Florida COVID laws for employees, we are here to help. Read more to find out if your rights may have been violated, and what you can do next.
2022 Florida COVID Laws
Employers across the state now have limitations on their ability to mandate vaccinations for COVID-19. Florida Statute § 381.00317 will remain in effect throughout the rest of 2022 and until June 1, 2023. The legislation gives employees five exemptions from the Florida vaccine mandate.
These are exemptions based on:

Medical reasons.

This can include but is not limited to pregnancy or anticipated pregnancy.
To claim this exemption: The employee must have a physician, physician assistant, or advanced practice registered nurse that has examined them sign an exemption statement that a COVID-19 vaccination is not in the best medical interest of the employee. Then, the employee must present the statement to the employer.

Religious reasons.

To claim this exemption: The employee must present an exemption statement to the employer that says they declined the COVID-19 vaccination due to a sincerely held religious belief.

COVID-19 immunity.

To claim this exemption: The employee must have documented competent medical evidence in the form of test results from a laboratory that they have immunity to COVID-19. Then, the employee must present that information in an exemption statement to the employer.

Periodic testing.

To claim this exemption: The employee must present an exemption statement to the employer that they will submit to regular testing for the presence of COVID-19 (at no personal cost).

Employer-provided personal protective equipment (PPE).

To claim this exemption: The employee must present an exemption statement to the employer that indicates they will comply with the employer’s reasonable written requirement to wear/use employer-provided PPE when they are in the presence of other employees.
The forms created by the Florida Department of Health (or substantially similar forms) must be utilized to submit exemption statements.
COVID, Wrongful Termination, and Retaliation
Employees have been subject to wrongful termination and retaliation before the pandemic, and unfortunately, it has continued to occur while the state, country, and the world have been dealing with COVID.
The Emergency Paid Sick Leave Act of 2021, under the American Rescue Plan Act of 2021, covered employees in specified qualifying circumstances through special funds.This was a $570 million emergency fund administered by the Director of the Office of Personnel Management during the qualifying period from March 11, 2021, through September 30, 2021.
If an employer violated the terms of the Emergency Paid Sick Leave Act, including firing, retaliating, or discriminating against an employee, it would be a violation of the Fair Labor Standards Act. Employees may be eligible to seek and recover damages.
If an employer has failed to comply with Florida COVID laws for employees and fires an employee, the worker can file a complaint with the Florida Department of Legal Affairs. This failure to comply could be due to not offering an exemption to the employee or if the exemption was improperly applied or denied – leading to the firing of the employee. Under current Florida COVID laws, an employer could face administrative fines of $50,000 per violation that would be paid to the state.
Although Florida Statute § 381.00317does not provide a private right of action for employees, there are conflicts between federal and state law that are still being sorted out in the courts.
COVID and Unpaid Wages
Have you been terminated due to the Florida vaccine mandate? You may be able to be reinstated to your job and receive back pay for wages you would have received if you had not been fired.
Employee rights attorneys fight for the rights of workers and provide legal assistance for employees who have been subjected to violations of unpaid wage laws.
Other federal and state laws continue to protect the rights of employees to fair pay. This includes the federal Fair Labor Standards Act (FLSA) and Florida minimum wage laws. These guarantee fair pay for hours worked, overtime for those who qualify, and a minimum wage above the federal standard. Did you know that Florida’s minimum wage is set to rise to $11.00/hour at the end of September 2022? With the stress on the economy and business owners during COVID, employers may attempt to not pay the rightful minimum wage mandated by the state. Employees still deserve fair wages. Consult with an attorney if you believe you are not receiving fair pay.
Florida COVID Laws for employees and multiple other employee rights laws continue to protect workers across the state.
Protecting Your Employee Rights
Through the evolution of Florida COVID laws for employees, Wenzel Fenton Cabassa, P.A. continues to lead at the forefront of employee rights. The quagmire that exists in the conflict between federal and state laws surrounding COVID does not automatically release employers from their responsibility to honor the rights of their employees.
We have been standing up for the rights of employees in Florida for decades. We are experienced, dedicated attorneys that have helped thousands of employees across the state get the justice and compensation they deserve.
Have you been wrongfully terminated or retaliated against? Are you due unpaid wages? Did your employer violate Florida COVID laws?
We are here to help. We have extensive legal experience advocating for employees in multiple areas of employee rights and have a deep appreciation for the complex and difficult legal nature of employee rights during COVID.
Contact us today to schedule a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Florida Employers May Soon Lose Access to Employee Social Media Profiles
New Florida Bill May Restrict Employer Access to Social Media
Are your social media profiles private? Can an employer or potential employer request to see your social media accounts? Currently there are employers who base hiring decisions, promotions, and even consideration for firing based on a candidate’s social media footprint. This may all change soon in Florida.
What is Florida Senate Bill 186?
If passed, this bill will make it illegal for a Florida employer to require access to a person’s social media accounts. This law covers employees and potential employees. The same bill died in committee during last year’s legislative session but this year it’s made it out of the Senate Commerce and Tourism Committee.
In addition to social media profiles, the bill would cover employees’ (and potential employees’) instant messages, photos, videos, blogs, and audio recordings. Florida employers who violate this would be subject to civil action. Social media accounts for business would not be protected under this bill.
If this bill passed, Florida would by no means be the first state to pass it. Thirty other states have already passed similar legislation to protect employees’ rights.
Why is This Bill Needed?
It is believed that approximately ¾ of recruiters and ½ of employees turn to potential employees’ social media profiles before making a hiring decision. Many admitted to not extending a job offer due to references to drug use, violence, heavy drinking, and sexually offensive materials.
As candidates become increasingly more tuned in to employers’ practices, they began locking profiles down and enacting privacy settings. Now, many employers are requesting passwords so that they may look at the profiles. Senate Bill 186 would make this illegal.
This bill protects the candidates and Florida employers. If employers scan social media profiles they could discover things about the employee that they are not entitled to know such as a pregnancy, ethnicity, and whether they suffer from a particular medical or mental condition or other disability. Making decisions based on any of these things can lead to discrimination claims.
Facebook has also gotten involved in the subject. The company has made requesting passwords a violation of the site’s Code of Conduct. The Federal government is currently debating whether requesting someone’s private log-in information violates federal privacy and discrimination laws.
While this bill would do a lot for employee rights and privacy, it’s important to point out that the potential law only stipulates the employer can’t require it. It says nothing about the employer gaining access through public channels. If you have something out on the Internet that you do not want associated with your professional life, lock it down using the privacy settings on the site or, better yet, don’t put it on a public forum at all.
If you believe your employment rights have been violated and you have been turned down for a job or promotion based on discriminatory reasons such as race, gender, disability, ethnic origin, sexual preference, or other illegal reasons, call the attorneys at Wenzel Fenton Cabassa, P.A., today.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Florida Guilty of Cutting Unemployment Benefits for Jobless
What happens when you lose your job? In most states, there are protections offering you unemployment benefits for up to 26 weeks, and a few states that offer you benefits for even a longer period of time. In the state of Florida, available weeks of benefits are tied to the unemployment rate and adjusted on a sliding scale. Currently, unemployment is at 5% and that means unemployment benefits run out after 12 weeks (less than half the national average)..
In fact, a recent report indicates that Florida is “the worst” provider of state unemployment benefits in the nation. According to the Tampa Bay Times, “The National Employment Law Project released a report showing that Florida provided jobless benefits to a paltry 11 percent of eligible Florid[i]ans in 2015. The state’s percentage of unemployed who qualify for and receive unemployment benefits was the lowest in the country.” This previous year’s (June 2014 to June 2015) rate of 12 percent wan not much better.
Many point to the complicated process for filing for unemployment benefits as a significant factor in unemployed job seekers being disqualified for benefits. In fact, Florida’s filing system has been described as “onerous.” The state has audited the electronic filing system and is requiring major changes in the system to make it more accessible. In addition, job seekers must provide weekly documentation showing they are actively seeking employment.
With benefits available for only 12 weeks, the newly unemployed Floridian hardly has time between jobs to find a job. In reality, this means even well-qualified workers have no meaninful protection to survive a job loss and simply “scrape by” without the ability to meet the most basic costs of living.
Without more protections against job loss in an economy where unemployment and job creation are among the top concerns, cutting programs meant to offer security (not just for a single employee but the welfare of the state) like unemployment benefits results in the breakdown of regular operations in society.
Florida leaders and lawmakers are concerned with job creation, but many of the “1 million jobs” created in the last 5 years do not provide families with a proper living wage. In addition, according to Tampa Bay Times, “The state boasts that only 65,000 people are receiving unemployment insurance, a dramatic decline from 730,000 in 2010.” But these numbers do not reflect the fact that many eligible employees are not receiving the benefits of unemployment insurance.
Loss of a job may be a scary or difficult experience when the process of collecting unemployment is made more complicated. It’s important to find an attorney who can answer all your questions about qualifying and filing for unemployment.
Has your previous employer tried to block your claim for unemployment benefits?
Seek advice from an employment law attorney to find out if you still qualify to receive unemployment benefits. If you’ve been wrongfully terminated or have questions about unemployment eligibility, contact Wenzel Fenton Cabassa, P.A., to find out what you can do about it.
CONTACT US IF YOU HAVE EXPERIENCED WRONGFUL TERMINATION
Because we are a contingency law firm, we do not offer representation for unemployment claims – nonetheless, the information we have provided, including our free ebook on wrongful termination, should assist you in filing.  However, if your unemployment situation is a result of wrongful termination, unemployment compensation may not be your only recourse. Contact our law firm to discuss your employment law situation.
SOURCES:
Florida’s Rotten Record on Helping Jobless
How Many Weeks of Unemployment Compensation Are Available?

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Florida Labor Laws and Part-Time Employment
Florida part-time laws are in place to protect the employee rights of workers across many industries. Even if you are not a full-time employee – you still have rights.
Understanding what is considered part-time in Florida and related Florida part-time laws is key to ensuring that you are paid a fair wage, and your employer does not violate your legal rights in the workplace.
What Is Considered Part-Time In Florida?
There is no strict definition under Florida part-time laws and Florida statutes for a specific number of hours a person works that would make them a part-time employee. It can average around 20 hours but can be less (or more). As a general rule, anyone working less than 40 hours per week may be considered part-time.
Florida Part-Time Laws
Florida part-time laws align with labor laws, with the intention to ensure you are getting paid what you are legally owed and are protected against violations of federal and state employment laws. Even though you are not considered a full-time employee, you have rights just like they do.
Employee Rights
Part-time employees are protected against various unlawful acts under civil rights laws and labor laws, including Title VII of the Civil Rights Act and the Fair Labor Standards Act (FLSA).
Under federal and state civil rights protections, part-time employees are protected against various kinds of discrimination, including sex discrimination, race discrimination, age discrimination, religious discrimination, disability discrimination, and sexual harassment. Part-time workers deserve to work in a safe environment and get paid fairly, just like full-time workers.
Hours and Wages
Federal and state standards for fair pay for hours worked to apply to part-time workers. Did you know that the minimum wage in Florida as of 2022 is $10.00/hr.? The required cash wage for tipped employees increased to $6.98/hr, and the minimum wage will continue to increase in the coming years.

September 2022: $11.00/hr.
2023: $12/hr.
2024: $13/hr.
2025: $14/hr.
2026: $15/hr.

Keeping track of your paycheck is an important practice to ensure you are getting paid what you are legally owed. Companies are not legally bound to give part-time workers a certain number of hours per week, but they are legally bound to pay the Florida minimum wage for whatever hours you actually work.
In reality, wage and hour disputes are among the most common issues that arise in employment law, including making you work through your breaks, which is a common practice that some companies may incorporate into their business practices to increase their bottom line. If this is happening to you, or if you are not receiving minimum wage, contact an employment law attorney for a case evaluation.
Some employers will also offer part-time employees benefits, such as health care, if they work at least 20 hours per week. These are typically listed in employee manuals and other human resources materials.
Overtime
Although it may not often happen for part-time employees, overtime is a valuable opportunity for workers to earn additional income in their paycheck. On the weeks that a part-time employee does end up working more than 40 hours in a workweek, they are legally owed overtime pay under the parameters of the FLSA.
The FLSA requires employers to pay time and a half for all hours worked above 40 in one workweek. For example, if a part-time employee is paid $10.00 per hour, if they work an additional 15 hours because there were call-outs or an influx in business and the company needed more help (or for other reasons), that employee would be owed $10.00 X 1.5 X 15 hours. This equals $15 X 15 hours = $225 of overtime pay.
If the employer pays “straight pay” for that extra 15 hours, they are violating the parameters of the FLSA, which, unfortunately, is not an uncommon practice. If this occurs over a long period of time, it can add up to a substantial amount of money that the individual is missing out on and could make a big difference in their finances. The bottom line is that if part-time employees work overtime – employers are legally required to pay you fairly with overtime wages.
Unemployment
Part-time employees may get unemployment benefits if they lose their job. There need to be certain circumstances to be present for you to qualify to receive them, which include:

Losing your job was because of no fault of your own, such as a layoff or reduction in force
You are actively seeking employment
You are unable to find another job
You earned at least $3,400 at your place of work within the last 18 months

All of these circumstances must be met for you to be eligible for unemployment benefits.
When to Contact An Employment Law Attorney
If you are a part-time worker and believe you have not received fair wages under labor law and Florida part-time laws or have had your civil rights violated, contact an employee rights attorney to determine your best legal options.
Wenzel Fenton Cabassa P.A. is the employee’s law firm — fighting for your rights against powerful employers. You deserve fair pay and a safe working environment, and you may be entitled to back pay, overtime pay, and other damages.
We offer free case evaluations and work on a contingency basis – there is no fee unless we win.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Florida Medical Marijuana Employee Protection Act: What You Need to Know
Are you familiar with Florida medical marijuana law? You may have heard of Amendment 2 – also called The Florida Medical Marijuana Legalization Initiative. Florida voters approved this act with a 71% majority in 2016.
Even though Florida law on medical marijuana makes it legal in the state, that legislation did not have any explicit language to protect workers from getting fired if they used it. Employee advocates and the Florida Legislature recognized this issue for workers and have introduced legislation intended to protect employees in the state.
The Medical Marijuana Employee Protection Act (HB 595 in the House) (SB 962 in the Senate), was filed in November 2019 and introduced as legislation in January 2020. The parameters of this medical marijuana law in Florida are as follows:

Prohibiting an employer from taking adverse personnel action against an employee or job applicant who is a qualified patient using medical marijuana
Requiring an employer to provide written notice to an employee or job applicant who tests positive for marijuana of his or her right to explain the positive test result
Providing procedures when an employee or job applicant tests positive for marijuana
Providing a cause of action and damages, etc.

The above stipulations are intended to protect job applicants and employees unless the job includes safety-sensitive duties. The legislation would still allow employers to enforce a drug-free, zero-tolerance workplace — permitting employers to fire employees if their safety or performance is affected by the drug.
When an employee is instructed to take a drug test at work and tests positive for marijuana, the legislation, if passed, would require the employers to give them five days (with written notice) to explain the test results.
If this Florida medical marijuana law is approved by the Florida Legislature and signed into law by the governor, it will be a huge win for employee rights. It would protect workers from discrimination for their legal use of marijuana.
Current Florida Law on Medical Marijuana
While the Medical Marijuana Employee Protection Act is moving through Congress, it is important for employees to understand their current protections regarding medical marijuana and Florida law.
If you are currently qualified for use under Florida medical marijuana law, it is vital to know and understand your employer’s policies. In many cases, particularly the private sector, you do not have legal recourse if you get fired for a positive drug test. However, if specific accommodations were put in place for you in the conditions for your employment, you may have a case.
Moving Forward
Florida workers have a broad array of employee rights and should stay informed of any changes in state legislation that serves to protect them from discrimination and wrongful termination. Whether regarding Florida medical marijuana law, or other key subjects related to employee rights, keeping up to date on the protections that you have as a worker will assist in ensuring your rights are being upheld.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Florida Minimum Wage 2021: Check Your Paycheck for An Increase
Good things are happening with the Florida minimum wage this year. Did you know that the Florida minimum wage in 2021 has increased?
Employees should always have the latest information on minimum wage in Florida to ensure they are getting paid what they are legally owed under state wage laws.
The Changes in Florida Minimum Wage 2021
Beginning January 1, 2021, the Florida minimum wage rose from $8.56 per hour to $8.65 per hour, mandated by Florida Statute § 448.110. If you are a tipped employee, the direct minimum wage increase rose from $5.54 per hour to $5.63 per hour, in addition to tips.
Your employer is legally mandated to pay you the new Florida minimum wage 2021 by Section 24, Article X of the State Constitution, and Section 448.110, Florida Statutes.
What Employees Need To Do
Check your paycheck to ensure the increase of the new Florida minimum wage for 2021 is reflected in the payment you receive from your employer. If you do not see the increase in your paycheck, notify your employer of the state-mandated increase in Florida’s minimum wage. The State Constitution protects your employee rights against retaliation.
If you have not received the new Florida minimum wage increase for 2021 after you have notified them and given them 15 days to resolve any claims for unpaid wages, you have the right to bring a civil action against your employer to recover those back wages – plus damages and attorneys fees.
The State of Florida takes Florida minimum wage laws very seriously and not only allows you to recover any back wages, damages, and attorneys’ fees, it also has the power to assess fines to employers that violate the new Florida minimum wage 2021.
Other Important News on Minimum Wage in Florida
In the November 2020 general election, voters in the State of Florida voted for the approval of passing Amendment 2 that details a gradual increase of the Florida minimum wage up to $15 per hour by September 2026, and will be incremental each year, beginning in the fall of 2021.
Here is what you can expect regarding the rise of the minimum wage in Florida in the coming years:

$10.00 on September 30, 2021
$11.00 on September 30, 2022
$12.00 on September 30, 2023
$13.00 on September 30, 2024
$14.00 on September 30, 2025; and
$15.00 on September 30, 2026.

With these changes in wages coming to the state, it is critical to always keep a close eye on your paycheck to ensure you are receiving what you are lawfully owed for hours worked.
Employee Rights Include More Than Fair Wages
Checking your paycheck is one of the most important things you can do as an employee, particularly vital when laws have changed, such as the one that raised the Florida minimum wage in 2021.
But employees do have multiple rights outside of receiving fair wages. From rights against discrimination in the workplace to rights protecting you against sexual harassment, Florida employees are covered by multiple state and federal laws to ensure a fair and safe workplace.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Florida Non-Compete Agreements: What's Legal and What's Not
Have you been asked to sign a non-compete agreement in Florida? If so, it is important to be aware of the legal issues surrounding a non-compete agreement in Florida — and your rights. Dedicated professionals in employment law can advocate for your legal rights. But first, you need to know what’s legal and what’s not.
What is a Non-Compete Agreement?

It is an agreement typically between an employee and an employer that addresses the issue of competition. It can cover a variety of provisions, but the main component of a non-compete agreement in Florida is language wherein the employee agrees not to compete (either directly or indirectly) with the employer’s business for a certain period of time following his/her employment.
Non-compete agreements can cover anything from concerns about taking clients or utilizing proprietary or other valuable information/ideas that would be in direct competition with the company. Depending on the agreement, the language could be very specific or couched in very broad terms. The agreements are not restricted to regular employees. They can also include contractors, consultants, or even individuals involved in the sale of a business.
What Are the Laws in Florida that Address Non-Compete Agreements?
Florida’s non-compete statute, Fla. Stat. § 542.335, is under Title XXXIII for the Regulation of Trade, Commerce, Investments, and Solicitations. A non-compete agreement is enforceable if it is supported by a “legitimate business interest”. If there is no legitimate business interest to protect, the agreement will not be enforceable. A legitimate business interest may include but is not limited to:

Trade secrets
Other valuable professional or confidential business information
Substantial relationships with specific prospective or existing customers, patients, or clients
Customer, patient, or client goodwill associated with a specific geographic location, marketing, specialized training, or other business practices associated with the trademark, etc.

The above may include client lists, client data, product information, sales tactics, and restrictions of competition in geographical areas including a city, county, or even a larger geographic region.
How Do I Know if the Agreement is Legal and/or Enforceable?
Experienced employment law attorneys work with diverse clients and industries regarding non-compete agreements all the time —including potential wrongful termination cases. They can help answer questions and fight for your rights as an employee/former employee. The general aspects of the law can be complicated, but the good thing is that the initial burden of proof for the “legitimate business interest” is on the employer.
If the employer does succeed in proving the business interest is legitimate, an employee can still attack the agreement if it is overbroad, for example, or otherwise defective. As a general rule, the shorter the time frame and the smaller the geographic area — the easier the agreement is to enforce. It should be noted that if the geographic area is too broad, for example, a court may rewrite the overboard provision to save the agreement but on more narrowly defined terms.
What Are the Different Ways to Enforce a Non-Compete Agreement in Florida?
There are a variety of ways the law allows these types of agreements to be enforced. Depending on the details and the severity of the case, employees/former employees may have the following options:

Obtaining a temporary or preliminary injunction
Obtaining a permanent injunction
Awarded monetary damages, including unpaid wages and commissions
Filing a claim against a third party (such as a new employer)

If you have refused to sign a non-compete agreement and were later terminated, you could have a case for wrongful termination.
What Would Make a Non-Compete Agreement in Florida Not Legal?

Most challenges to a non-compete agreement are based on a claim that the language is overbroad or that it unfairly hinders an employee’s ability to find work in his/her field. Depending on your position within the company, a non-compete agreement could be a true overreach and considered unnecessary and therefore unlawful.
As mentioned above, the time frame included in the contract is important as well. If it amounts to an ordinate amount of time that would be particularly punishing on the individual, you may have a case too. In Florida, two years is a pretty standard restriction. Some courts have allowed additional time, even up to three years, but every case turns on the facts of the particular employment relationship, business interest at issue, and scope of the restrictions in the agreement.
What Else Do I Need To Know?
Sometimes, if an employee refuses to sign a non-compete agreement, employers will not go as far as firing the individual but can create a hostile work environment. If this occurs, the employee may have a different type of case that is included under employment law. You may qualify and be entitled to remedial actions under the law for:

Sex, Age, or Race Discrimination
Sexual Harassment
Whistleblowing
Workers’ Compensation Retaliation Claim Filing

It is important to understand that you, as an employee, have a number of rights that are covered by state and national laws.
What Should I Do if I Feel I May Have a Case Against My Employer?
The law addressing non-compete agreements is complex. Attorneys specializing in advocating for the rights of employees can help. If you have questions surrounding a non-compete agreement in Florida, contact Wenzel, Fenton, Cabassa P.A. today.
Our employment law attorneys are experienced in protecting employees related to non-compete agreements as well as workplace discrimination, wrongful termination, retaliation, bullying, and much more.
You don’t have to deal with it alone. We understand what you are going through affects more than just you. It affects your family too. Whether it’s financial or emotional, workplace violations can have a larger impact than most are aware. That’s why we tackle any workplace violation aggressively and with you and your family in mind.
FLORIDA NON-COMPETE AGREEMENTS: FREQUENTLY ASKED QUESTIONS
What Does a Non-Compete Agreement Cover?

A non-compete agreement is essentially a written contract that addresses the issue of competition. It is typically drafted to cover a certain period following the end of your employment with the company. There are a variety of areas that a non-compete agreement addresses. These include but are not limited to:

Client relationships, lists, and associated data/contact information
Proprietary or sensitive information
Valuable ideas and trademarked business practices in direct competition with the company
Trade secrets
Clients, patients, and customers within a specific geographic location

The language of the non-compete agreement in Florida can range from extremely broad to very specific, which is particularly important when it comes to your legal rights. If you have been fired for violating an employment agreement, a non-compete attorney can examine the contract and specific language to determine if you may have a case.
Did you know non-compete agreements are not limited to regular employees? They may be utilized with contractors, consultants, and with outside professionals that are involved in mergers and acquisitions.
 
How Long is a Non-Compete Agreement Valid?
Curious how long non-compete agreements last? Non-compete agreements must be limited to a reasonable amount of time. Employees do have to make a living once they leave an employer — and the legal system understands that. Typically, a non-compete agreement is considered valid for up to six months or as long as two years or more. Depending on the language of the particular employer/employee agreement, a Florida court can decide that it could be valid for up to two years. But — it is up to the employer to prove that the time restriction is reasonable, not the employee. Non-compete agreements are usually presumed invalid after two years, though there are occasions where a longer period of time may be appropriate.
 
Should I Sign a Non-Compete Agreement?
This depends on a couple of things. How much do you want the job? What parameters are you willing to deal with if or when you leave the job? Since a number of employers will include signing a non-compete agreement as a necessary condition of your employment, taking these questions into consideration is important.
As mentioned above, the actual details in the non-compete agreement will assist you in your decision on whether or not to sign it. Do you clearly understand the details and the implications of signing the document? Will it be overly burdensome after you leave the company? This is critical information.
 
How Enforceable is a Non-Compete Agreement?
Enforceability of these agreements presents unique, fact-sensitive considerations. That is why it is essential to consult with an experienced non-compete lawyer. They have the legal knowledge to review and analyze comprehensive agreements between you and your employer (or former employer).
The Florida law that addresses non-compete agreements is found in Fla. Stat. § 542.335, under Title XXXIII for the Regulation of Trade, Commerce, Investments, and Solicitations. In general terms, the agreement is enforceable if it is supported by a “legitimate business interest,” which could include restrictions of competition in particular geographical areas, sales tactics, product information, client lists, etc., as listed above.
Consider this as a general rule — the smaller the geographical area and the shorter the time frame, the easier it is for the non-compete agreement to be enforced. The courts will often consider these types of employment contracts to be reasonable under the law. But note — many employers will draft employment agreements that are quite broad, intentionally making it confusing (and even intimidating).
 
How Effective Are They?
The exact language of the contract has a big role in its effectiveness. A non-compete agreement can make a considerable impact on an individual’s ability to make a living after leaving an employer, particularly if the language is vague and confusing. If the terms of the agreement are for an extended period of time, it can be incredibly difficult for someone to stay in their desired profession. Therefore, the decision to sign one of these contracts should be taken very seriously. An employment law attorney has the capability to review, analyze, negotiate, and restructure employment contracts such as non-compete agreements, severance, or other similar documents.
 
How Do They Get Legally Enforced? What are My Options?

Employees and former employees have a number of legal options regarding the legal enforcement of Florida non-compete agreements. When you are looking for potential ways to get around it, you may be able to get a temporary, preliminary, or even a permanent injunction preventing the enforcement of an agreement. You may also be awarded monetary damages for unpaid wages and/or commissions if you prevail. Another option could be filing a lawsuit asking the court to declare your rights under the agreement (a “dec” action.) Most of the time, however, it is the employer who takes action to enforce the agreement, which may include action by your employer/former employer against your new employer. This litigation moves quickly and is very costly. Carefully evaluating the agreement before you are potentially in breach is key.
Any legal options you may choose should be carefully considered. One may be more appropriate than others depending on the language of your non-compete agreement and the circumstances of your employment. If you left the company under duress or if the agreement was set up for an unreasonable amount of time, your best legal courses could be different. A non-compete lawyer can confidentially discuss your options for your situation.
 
What can Void a Non-Compete Agreement?
Voiding a non-compete agreement is not easy, but it is possible. There are certain circumstances that could lead to making it null and void. One scenario is if you can prove you never signed the contract. Another possibility is if you can prove that the contract is not in the public interest. Were you terminated without a valid reason or part of a mass layoff at your company? This could also be an avenue to pursue when voiding a non-compete agreement.
 
Are You Subject to a Non-Compete Agreement?
This might be confusing for you, depending on the language of the agreement. If the language was very vague or broad, a non-compete lawyer should review it to determine your legal obligations. The same tenant applies if the employment agreement was for an extended period, such as more than two years.
It may not be valid, and Florida workers have a right to pursue their chosen careers — and hold employers accountable if they have violated the law.
 
What You Should Do Prior to Signing an Employment Contract With a Non-Compete Clause?
If you are currently being offered a new job and have been asked to sign an employment contract with a non-compete clause, it is advisable to consult with an experienced employment law attorney prior to signing. The attorney can thoroughly review, analyze, and explain to you what the contract really means. If the legal language is vague or the terms are not acceptable to you, it could be incredibly wise to negotiate the contract.
The excitement of getting offered a new job can sometimes be an obstacle to critical analysis. The future of your career could be in jeopardy if you sign a highly restrictive contract. An employment lawyer works hard to ensure the interests of you and your family are taken into account.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Florida Service Animal Statute Extends Protections in the Workplace
Florida’s Service Animal Statute Offers New Protections
Dogs in the workplace may become more commonplace in Florida thanks to a new Florida statute extending additional protections to employees who require a service. Service animals are not just dogs (or miniature horses; yes, a miniature horse is identified as a service animal in the statute) employed by a persons who are physically impaired to help complete tasks such as fetching items or flipping on the light; they are often a necessary part of the treatment plan for workers suffering from posttraumatic stress disorder (PTSD) in Florida.
According to the U. S. Department of Veteran Affairs, “7 or 8 out of every 100 people (or 7-8% of the population) will have PTSD at some point in their lives.” This figure is much higher for veterans with 10-23% pf veterans returning diagnosed with PTSD as the result of involvement in a conflict such as Operations Iraqi Freedom (OIF) and Enduring Freedom (OEF), Gulf War (Desert Storm), and the Vietnam War. It has been found that service animals are very effective in addressing and alleviating the symptoms of PTSD.
Service Animal Statute Expands Protections to Workers with Mental Illnesses and Psychiatric Disabilities in Florida
The purpose of the Florida service animal regulation is to expand on the definition of the protections offered under the  Americans with Disabilities Act (ADA) where there is an ambiguity as to what is a covered service animal and when is animal simply for “emotional support” but not covered under the ADA. The Florida law also takes aim at those who fake service animals. Now under the Florida Service Animal Statute 413.08, misrepresenting a dog as a service animal and/or any business that interferes or prohibits a service animal from entering is punishable as a criminal offense (or a second degree misdemeanor).
The Florida service animal statutes expand protections to any worker who suffers from a physical and/or mental impairment, and requires the use of a service animal. Veterans are the most obvious population to benefit from these expanded protections. Under Florida law the trainer of a service animal is also covered.
What does the Florida service animal statute define as a service dog?
The Florida service animal statute expands the definition of “service animal” and who it protects, such as anyone suffering from physiological disorders or conditions, disfigurement, or anatomical loss that affects one or more bodily functions; or a mental or psychological disorder that meets a category of intellectual or developmental disability, organic brain syndrome, traumatic brain injury, posttraumatic stress disorder, or an emotional/mental illness outlined in the Diagnostic and Statistical Manual of Mental Disorders by the American Psychiatric Association.
The Florida service animal statute definition is outlined below:
(d) “Service animal” means an animal that is trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work done or tasks performed must be directly related to the individual’s disability and may include, but are not limited to,

guiding an individual a person who is visually impaired or blind,
alerting an individual a person who is deaf or hard of hearing,
pulling a wheelchair,
assisting with mobility or balance,
alerting and protecting an individual a person who is having a seizure,
retrieving objects,
alerting an individual to the presence of allergens,
providing physical support and assistance with balance and stability to an individual with a mobility disability,
helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors,
reminding an individual with mental illness to take prescribed medications,
calming an individual with posttraumatic stress disorder during an anxiety attack,
or doing other specific work or performing other special tasks.

The Florida law does not outline a list of accommodations that must be provided for the animal, but the Americans with Disabilities Act (ADA) does require necessary accommodations, “such as a designated area to relieve itself, bowls of water or assistance with the handling of the dog.” Under both the ADA and Florida law, an employee or agent can be asked if the dog is a service animal and what work or tasks it is trained to perform.
Under the Florida statute, a service dog can also be removed from the premises if the animal is not housebroken, if it is out of control and the handler does not take action to control it, or if it poses as a threat to the health and safety of others; this does not include allergies or fear of animals as a legitimate reason to deny access or refuse services to a person with a service animal.
No license, certification, or formal training is required with Florida service animals. Anyone with a physical or psychological impairment can train a service animal. The basic training for a service animal is obedience training (must be in control of the animal at all times) and the animal must not be a direct threat to the public.
Have you or has someone you know experienced disability discrimination in the workplace?
The best thing you can do for someone who is the victim of disability discrimination in the workplace is seek the advice of an experienced attorney. Set up a free confidential case evaluation with an employment law attorney at Wenzel Fenton Cabassa, P. A. today.
SOURCES:
Florida’s New Service Animal Statute Section 413.08
Florida law makes using fake service dogs a criminal offense
PTSD: National Center for PTSD

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Florida Severance Pay FAQs for Employees
If you are about to leave your job because you are getting laid off or for other reasons not related to your performance, you need to be well prepared and well informed. While severance pay in Florida is not required by law, your employer may offer you a package with a personalized employment separation agreement. But it is important to be cautious. An employer is looking out for their best interests — not yours.
A Florida employment law attorney leads as your legal advocate and has the experience and expertise workers need when it comes to negotiating the best possible outcome for severance pay. It can be very easy to make a big mistake without the right information and legal help.
Since there are often a lot of questions when it comes to severance pay and severance pay laws in Florida, we are here for you to help you make critical decisions when you are forced to leave a job.

Frequently Asked Questions about Severance Pay in Florida
What is Severance Pay?
Severance pay is pay and benefits an employee receives when they are forced to leave a job, not by their choice, which often occurs when companies go through layoffs or what some call a RIF (Reduction in Force). Severance pay is not a given when this happens. Some companies offer their employees something for their service, but initial offers are not necessarily in your best interest as an employee.
 
What Are the Florida Laws?
There are no requirements for severance pay under Florida labor law. This is also true for the federal law, the Fair Labor Standards Act (FLSA). But, that being said — you do have the right to negotiate your severance pay with your employer. Know that signing an agreement typically does include certain provisions to receive your severance pay in Florida.
 
What Are Some of the Typical Provisions Included in a Severance Agreement?
A Florida severance agreement and release can include a variety of provisions that the employee has to agree to when they leave the job. There is value that is represented in the agreement, and it is important to understand what you are giving up when/if you sign it.
Typical provisions in severance pay agreements in Florida include:

A non-compete clause (NCC) — where one party (typically the employee) agrees to not start a trade or profession in competition with the other party (typically the employer)
A release of claims against the company — where the employee would be legally bound not to file a claim against the company, such as a hostile work environment or wrongful termination case
A confidentiality clause — where the employee agrees to not divulge the company’s data or information to others without proper authorization
A non-disparagement provision — where the employee agrees not to say anything negative about the company or its leaders, products, or services in any form of communication

 
All of these are legally binding when you sign an employment separation agreement in Florida. These provisions incorporate a lot of value, and it is critical not to undervalue yourself when it comes to severance pay.
 
What Do I Need to Know About Unemployment and Severance Pay in Florida?
Severance pay in Florida can definitely impact unemployment benefits. It can directly affect when and/or whether the employee qualifies for unemployment insurance benefits. But, if the severance pay is given in a lump sum (all at once), it does not affect the end date when it comes to the time frame for qualification for unemployment insurance.
This question highlights one of the many benefits of utilizing a Florida employment law attorney for the negotiations of the severance pay. The attorney is well-equipped to make a much better deal for you than if you try to go it alone, which can lessen the impact on your ability to receive unemployment insurance benefits.
 
What Are the Benefits of Hiring an Employment Law Attorney When Negotiating Severance Pay?
It is always a challenging time when a job comes to an end, which is particularly true when it is not your choice to leave. Whether you are being laid off or being offered severance pay for another reason, hiring a Florida employment law attorney comes with multiple benefits:
✔ Employment lawyers stand up to powerful employers
It can be very intimidating and stressful when you are trying to decide if what they are attempting to give you is what you rightfully deserve. Employment lawyers work with aggressive employers all the time and know how to stand up for your rights to fair severance pay in Florida.
✔ Employment lawyers know the complexities of negotiations
You have to be careful when it comes to negotiating severance pay. Sometimes, an employer can view any negotiations as a refusal or rejection of their offer and then withdraw it completely — leaving the employee with nothing. Consulting with an employment law attorney about the details of your situation is advised.
✔ Employment lawyers fight for the best possible outcome
When it comes to severance pay, many employees don’t know their full worth to a company. The parameters of the employment separation agreement in Florida, such as non-compete agreements, may be very severe, which could be very valuable. Also, when you agree not to file a claim against an employer for any reason, such as wrongful termination or sexual harassment, this may not be advisable, depending on your situation.
✔ Employment lawyers have you and your family’s interest in mind
Having a personal legal advocate for you and your family’s interests is so crucial during times of upheaval, such as having to leave your job. The future is often uncertain and having an experienced attorney will help you be best positioned for what comes next.
When you work with a Florida employment law attorney, he or she will act as your advocate and negotiate with the employer to get the best possible outcome with severance pay when you leave your job.
Contact Wenzel Fenton Cabassa, P.A. today for a free, confidential case evaluation. We are the employee’s law firm — fighting hard for justice for workers across the state of Florida.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Florida Sexual Harassment Statute of Limitations
Workplace sexual harassment is a genderless offense. It can happen to anyone. In fact, according to the latest data by the U.S. Equal Opportunity Employment Commission (EEOC), while 83.7 percent of all sexual harassment charges are filed by women, 16.3 percent are filed by men. If you believe you are a victim of sexual intimidation, you may feel uncomfortable or confused. You may also wonder when you should take action under Florida law. Here’s what you need to know about workplace harassment and the Florida sexual harassment statute of limitations.
 
What Is Considered Workplace Sexual Harassment?
Offensive sexual advances can take many forms. Any unwelcome sexual conduct could be considered sexual harassment – especially if it is hostile in nature. Sexual harassment may also be both direct and indirect, which may lead you to wonder whether you are actually a victim of sexual harassment workplace discrimination. Here are common signs of a sexually intimidating work environment.
Direct:

If a coworker or superior outright asks for dates or sexual favors.
If a coworker or superior issues threats – sexual or otherwise.
If a coworker or superior makes inappropriate or unwanted physical contact – including, but not limited to, hugging or patting.
If a coworker or superior uses suggestive body language – including, but not limited to, offensive gestures or gazing.

Indirect:

If a coworker or superior displays or distributes sexual images to you.
If a coworker or superior makes sexual comments or discusses sexual acts with you – even by way of jokes or innuendos.
If a coworker or superior spreads gossip about your sexual life or romantic relationships.

In addition to unwanted sexual advances by your fellow employees or employer, you may have a case if your employer repeatedly fails to take action over sexual victimization by a client or customer.
Sexual harassment is a type of sex discrimination. Sex or gender discrimination is not necessarily characterized by sexually suggestive behavior. You may have experienced sex discrimination if you were treated unequally (i.e. denied a promotion) based on your gender.
When to Act: Florida Sexual Harassment Statute of Limitations
Sexual harassment charges can be pursued under Title VII of Florida state law; however, taking timely action is crucial. There is a statute of limitations or restricted window of time to file a charge. If you believe you are a victim of sexual harassment, it is important to get familiar with the following timeline:

Immediately – when you should notify the harasser that his or her behavior is unwanted.
Shortly After – how long you should wait to follow up with your supervisor or HR department if the sexual harassment does not stop.
300 – the maximum number of days Florida state law allows to file an egregious sexual harassment claim with the EEOC.
365 – the maximum number of days you allots to file an egregious sexual harassment charge under the under the Florida Civil Rights Act.

Even if you have exceeded the number of days to file a claim, an attorney can help you determine if there are alternative routes for pursuing your claim. A lawyer will also investigate possible wrongful termination claims, as well as any other evidence related to a hostile work environment.
 
What Should You Do if You Have Been Sexually Harassed at Work?
If you have been sexually harassed or subjected to a hostile work environment due to sex discrimination, documentation is key.
Your accounts may include the dates and times of the incidents; the names of those involved, including any witnesses; written requests for the perpetrator to cease sexual harassment; and any records related to incident escalation to a supervisor or HR.
In some cases, victims of sexual harassment may be wrongfully terminated for reporting offensive behavior. Detailed accounts of the related circumstance are vital under these conditions, as well.
You may be entitled to compensation for emotional damages due to sexual harassment or compensatory damages due to loss of job. Contact Wenzel Fenton Cabassa, P.A., today and schedule your free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Florida Whistleblower Laws & Workplace Retaliation - You Have Rights!
Do You Know Your Employee Rights?
Whistleblowing is a common theme in Hollywood. While it makes a thrilling story to see the struggle between an employee doing what’s right and an underhanded company, there’s really nothing amusing about retaliatory action against an employee for blowing the whistle on the illegal or dangerous actions of his employer in real life. Whistleblowers are protected by law against retaliatory employment actions in the State of Florida.
Who is Protected under Whistleblower Laws in Florida?
Public and private employees are protected from employer retaliation for whistleblowing in Florida. Employees can sue for reinstatement and be compensated for:

back pay
lost wages
back and full benefits
reduced or withheld bonuses
reasonable costs
damages

For privately-employed workers who seek protection under the Florida Whistleblower’s Act s/he must have disclosed, or threatened to disclose, an activity, policy, or practice of his or her employer that is in violation of a law, rule, or regulation. The employee is also required to give the employer notice of the violation, report the incident to a supervisor or the employer, and give the employer reasonable time and opportunity to correct the practice.
Many companies have instituted whistleblower hotline numbers as a safeguard against ethics violations and to allay the concerns of board members and investors. While reports on these hotlines are anonymous, often during the collection of details, an employee’s identity can be discovered. For this reason, callers to these numbers are protected as well.
If the employee follows the above protocol and is later retaliated against because of the disclosure, or threat to disclose, the employer has violated the law.

What is Employment Retaliation?
Employment retaliation takes on many forms. The most obvious is termination of employment. Often the employee is terminated for “other” causes. If you’ve reported an incident to your employer and were let go shortly after that, you owe it to yourself to speak with someone skilled in employment law. Let them ask the questions to help decide if you have a case.
Termination is not the only way employers retaliate against employees. Sometimes the retaliation is less direct. Retaliation can take the form of:

Withheld bonuses or commissions and/or lower bonuses or commissions
Getting passed over for a promotion or project
A demotion
Denying benefits
Selective enforcement of workplace “rules”
Stepped up Disciplinary action f
Creating a hostile workplace

When to Call a Whistleblower Attorney in Florida
While acting as a whistleblower does not provide a free pass for the employee, if you have experienced a negative situation at your workplace and believe there is a possibility that it is related to your report, don’t keep guessing if the two are connected. Protect your employment rights and contact an aggressive workplace retaliation attorney. You don’t need to understand the nuances or interpretation of the law. Leave that to the Florida Whistleblower Retaliation Lawyers at Wenzel Fenton Cabassa, P.A. With years of experience, they can help you understand your employee rights.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Florida Work From Home Laws: What Employment Laws Apply to Remote Workers?
With more employers allowing teleworking since the pandemic, having the proper information about Florida work-from-home laws has become important for an ever-growing segment of the workforce.
Many individuals wonder what employment laws apply to remote workers, from technology and finance professionals to business administration and academia. Even if you work from home, you still have certain state and federal rights protected under applicable employment laws. It can be easy to be taken advantage of by employers, but they still must abide by Florida work from home laws.
What Are My Rights If I Work From Home in Florida? 
There are multiple areas of employment law that remote workers should be aware of to ensure that their rights are not being violated.
Compensation
Compensation is one of the first areas of concern regarding Florida work from home laws that workers should understand. Because you are working in a separate location from the primary workplace, you may be missing out on wages and other forms of compensation that you should be entitled to under the law.
Generally speaking, businesses are responsible for the expenses of conducting work activities – at the office or home. Did you have to pay for your setup at home, including desk, workspace, computer, etc.? If so, you may be entitled to reimbursement.
Within the responsibilities of your duties, are you sometimes required to go to the office for meetings, training, or other events? If you are exclusively a remote worker, you may be entitled to compensation for your travel time to and from those meetings as well as other required travel during the course of the workday, such as trips to the post office. Additionally, many workers also qualify for reimbursement for the mileage for your travel back and forth to the primary workplace or other locations visited during the course of a workday.
Workers’ Compensation
It is a well-known fact that workers’ compensation laws provide benefits to employees if they get injured in the workplace. These laws can also, depending on the situation, apply to remote workers as well.
If you are injured while performing a work-related task at home, you may be entitled to the same benefits under Florida work from home laws. Due to the complexity of these types of cases, it is advisable to consult with a Florida employment lawattorney.
Time
One of the most common complaints from remote workers is that their employers do not honor standard working hours and may even expect 24/7 availability. Depending on the specific parameters of your job description/responsibilities, you may be required by your employer to work different times than a standard 8-5 or 9-6 shift, but that doesn’t mean you should be endlessly available to be always at their beck and call. Meal breaks and rest breaks may apply to remote workers, just like if you were in the office.
Another aspect of time covered under work from home labor laws includes access to an effective time tracking system. Some employers may not be as organized or technologically proficient with time tracking as others, making it difficult for them to understand when you are working and when you are not working, resulting in misunderstandings or even abuses of your time.
Employment Information
It is not unusual for people to have been interviewed, hired, and started working from home without ever meeting anyone in person or going into the office or business during the pandemic. Modern technology has allowed us to do so much through our computers and other electronic devices. But this can become an employee rights issue implicating security and privacy concerns.
Employees working remotely should have access to important employment information to prevent working from home discrimination or other types of violations, which can include the employee policy handbook and other related HR documents. Other important employment information included in working from home employer obligations is the relaying of federal, state, and local employment law notices. Information certainly is power – and is a critical tool that employees can use to protect their rights.
Reasonable Accommodations
The Americans with Disabilities Act (ADA) has long covered the rights of employees to “reasonable accommodations” in the workplace. What is “reasonable” is determined on a case-by-case basis. But can this type of coverage be utilized to be able to telecommute? It depends.
If the “essential functions” of the job require a worker to be face to face with customers or clients, for example, this may preclude the worker from working from home. The employer would still need to provide “reasonable accommodations” at the place of business.
If a medical condition prevents a worker from traveling to the office each workday, a potential option may be a job transfer. For example, transferring from a receptionist position to a data entry position that does not require face-to-face contact may be a good choice to allow for telecommuting.
As telecommuting continues to increase, it is inevitable that more and more employers will need to have specific policies about working from home. Being aware of employer policies on telecommuting and Florida work from home laws is vital to maintaining your worker’s rights.
Evaluate Your Work from Home Situation
If you are concerned that your employer may be violating Florida work from home laws, it is a good idea to evaluate your work from home situation. Has your boss been expecting you to finish projects on weekends when you have not worked weekends before? Are you working past your regular workday, qualify for overtime, and are not getting paid what you are due?
Review the above-listed areas and evaluate how and when you work. If you find a problematic pattern or issue, speaking with an employment attorney can clarify whether you may have a case against your employer.
Just because you work from home does not mean that you must sacrifice your rights under federal and state employment laws. No one deserves to be discriminated against, harassed, or have their work/life balance disregarded. With the proper information, you can feel confident that your employee rights are being strongly protected.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Florida Workers' Compensation Requirements
Workers’ compensation is provided by a majority of companies across the state. However, there are specific eligibility requirements for workers’ compensation in Florida and the available benefits they can receive.
Florida workers’ compensation lawsare in place to provide much-needed benefits, although the process of getting them can be complex. All necessary documents must be accurate and thorough, and each step needs to be precisely followed under the requirements for workers’ compensation in Florida.
Employers may even push back on a workers’ compensation claim. They may also try to claim they are exempt when this is false. This can be very challenging when you are already in a difficult situation, stressed, and in pain.
When you or a loved one needs Florida worker’s compensation, it is recommended to consult a lawyer for assistance to obtain financial benefits. They will work hard to get the best possible outcome for you.
Eligibility for Workers’ Compensation in Florida
In Florida, employees injured on the job or who become ill due to their job may be eligible for workers’ compensation. All construction-related companies must get coverage regardless of the number of workers they have on staff. The only caveat is if they can legally file an owner exemption. All non-construction companies with at least four or more part-time or full-time employees must buyworker’s compensation insurance in Florida.
So, whether you are working in construction, retail, hospitality, health care, or other industries, it is quite likely that your company has Florida workers’ compensation coverage if you fall and break your ankle or suffer another type of injury or illness.
That being said, your work status matters. People who are eligible for workers’ compensation must be classified as employees and not as independent contractors. Independent contractors, in essence, work for themselves and are not eligible for workers’ compensation insurance benefits.
Regarding the requirements for workers’ compensation in Florida, it is important to note that the injury or illness must have been caused by efforts or responsibilities directly related to your job to be eligible for coverage.
Work-related injuries are typically straightforward. There is a direct link if you get hurt working with machinery on the job or fall off a ladder at a construction site. Illnesses related to your job may take a more comprehensive approach. However, occupational illnesses do occur and affect many people’s lives across the U.S.
For example, if you work at a chemical manufacturing plant or another job where you work with or around chemicals, you may get exposed to irritants that make you sick. This could occur due to an accident at work or over time from extended exposure. Workers’ compensation insurance in Florida covers the costs to treat the illness you obtained while performing your job.
Do you work in the agricultural industry?
You may be eligible for workers’ compensation if you help grow or harvest citrus, corn, soybeans, peanuts, watermelons, or other agricultural products. Your employer must have at least six regular employees or twelve seasonal employees. Additionally, the employees must work more than 30 days during the season – but no more than 45 days total in a single calendar year.
Benefits Available in Florida Workers’ Compensation
Workers’ compensation is often considered wage replacement when something happens to you, and you cannot work. Yes, lost wages are a big part of the benefits, but they are not the only ones.
Under the Florida Workers’ Compensation Act, if an employee is eligible for workers’ compensation in Florida, they may be entitled to various benefits, including lost wages, medical expenses, and rehabilitation expenses. Full medical benefits that are included in workers’ compensation include hospitalization, doctor’s visits, medical tests, prescription drugs, and physical therapy.

The coverage for medical and rehabilitation expenses is so crucial because of high healthcare costs. Workers should not worry about paying medical bills if they legitimately get hurt while on the job. They should feel secure in knowing that the benefits will cover these bills and no large debts will be looming that can cause financial ruin.
In addition, in the event of a short-term or long-term disability, workers’ compensation can help cover medical bills and may help with lost wages. This could be paid in a lump sum or ongoing support for medical costs depending on the circumstances. In the event of a tragic death at work, survivor benefits are included in workers’ compensation insurance if someone is killed.
The exact benefits available will depend on the specifics of the injury or illness and the severity of the situation. An attorney can advocate for your rights to the full benefits detailed in Florida workers’ compensation laws.
The Workers’ Compensation Process in Florida
The workers’ compensation process in Florida can be complex and time-consuming. It can be difficult to navigate, particularly when you are stressed, in pain, or ill.
Time is of the essence. Employees must report their injury or illness to their employer immediately. If you have had a work-related injury or illness and have not let your boss know, do so immediately. Under Florida workers’ compensation laws, work-related injuries or illnesses are required to be reported by employees within thirty days. Your claim may be in jeopardy if it is not reported in time. Once your employer is informed, you will need to begin the application process for workers’ compensation.
It is very important to follow the proper steps in the process and provide the necessary documentation to ensure the claim is approved. You may get denied if there are not enough details or if all aspects of the types of documentation needed are not provided and submitted appropriately.
Like other official applications or filings with the state or federal government, the process can take several months. When you are out of work, the quality of the initial application is key to getting the financial support you need. It is advisable to consult with a lawyer for assistance.
Applying for Workers’ Compensation in Florida
The process for applying for workers’ compensation in Florida involves filling out a claim form. Then it must be submitted to the Florida Division of Workers’ Compensation. This state agency handles the administration of benefits.
Under the requirements for workers’ compensation in Florida, the claim form must be accompanied by sufficient medical documentation of the injury or illness and proof of lost wages. If there is an injury, make sure you identify all body parts that are or could be affected by the injury, including all areas of pain.
Once your claim is submitted to the Division of Workers’ Compensation in Florida, the evaluation process begins. Even if you feel it is a straightforward claim, that does not mean it will be automatically accepted. The employer or their insurance company may contest the claim, and this would lead to a hearing before a judge. Employers and insurance companies constantly look at their “bottom line,” and contesting a claim is not uncommon.

Having a workers’ compensation lawyer on your side is important to help navigate the process and ensure that you receive the benefits you are entitled to underFlorida workers’ compensation laws.
Many employees are unsure about applying for workers’ compensation due to fear of being fired or other retaliation from their employers. Know that you have rights to these benefits under Florida Statutes 440.205:
“No employer shall discharge, threaten to discharge, intimidate or coerce any employee because of such employee’s valid claim for compensation or attempt to claim compensation under the workers’ compensation law.”
The law is clear. If you have been intimidated, threatened, coerced, or wrongfully terminated after you have been injured on the job or are suffering from a work-related illness, you should consult with an attorney.
Common Challenges in Obtaining Workers’ Compensation in Florida
Obtaining workers’ compensation in Florida can be a challenging process. It can be difficult to get a claim through and approved, but it can be especially difficult when the employer or insurance company contests the claim. There are certain challenges that workers frequently face after filing a claim.
Common challenges in obtaining workers’ compensation in Florida include:

Denied claims
Disputes over the cause of the injury or illness
Disputes over the number of benefits that are owed

First, the Florida Division of Workers’ Compensation may decide your claim was not deemed qualified to receive benefits. This could be because there was insufficient information or evidence or other reasons.
Second, your employer or the insurance company may refute the claim and say that the injury or illness was not caused by something work-related. They may claim that the injury happened at your home or other location or that an illness you are suffering from was not based on something that happened or that you were exposed to at work, whether in the short-term or long-term. Other circumstances may also exist.
Third, disagreements may arise, for example, regarding a long-term disability from an injury, the necessity of prolonged rehabilitation after a broken limb, or funds for lost wages due to an injury or illness.
Having a workers’ compensation lawyer on your side is crucial to help overcome these challenges and ensure that you receive the benefits you are entitled to under the law and your employee rights.
The Importance of Hiring a Workers’ Compensation Lawyer
Hiring a workers’ compensation lawyer is important because they have the knowledge and experience to help you navigate the complex process of obtaining workers’ compensation in Florida. Amid the uncertainty, physical pain, and debilitating illness, having this expertise on your side can make a big difference in your future.
A workers’ compensation lawyer can help to gather evidence, lead as a tough negotiator with the employer and their insurance company, and represent you in court if necessary.
Have you been threatened, coerced, or wrongfully terminated after you were injured on the job? This is not only wrong, but it is also against Florida law. You have the right to workers’ compensation benefits – and your employer should be held accountable.
We can help. We have the expertise and experience you need to stand up to bullying employers and insurance companies.
At Wenzel Fenton Cabassa, P.A., we understand the requirements of workers’ compensation in Florida. We are dedicated to helping our clients receive the benefits they are entitled to under the law.
We have offices across the state in Tampa, Orlando, Miami, Sarasota, St. Petersburg, Jacksonville, and West Palm Beach for your convenience.
Contact us today to set up a free case evaluation. You will not pay legal fees unless we win your case!




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Florida’s LGBTQ Workplace Discrimination Laws
Recent Developments & Your Workplace Rights
The topic of LGBTQ workplace discrimination in Florida has been the focus of significant media attention recently. A bipartisan group of lawmakers is striving to adjust Florida’s anti-discrimination and workplace discrimination laws to include gay and transgender people. They propose passing a Florida Competitive Workforce Act bill to address what they perceive to be a gap in the current laws.
However, their efforts to officially address LGBTQ discrimination in the workplace have stalled. This is partially due to the position of House Speaker José Oliva. According to Oliva, adding LGBTQ workplace discrimination to the existing laws would potentially yield excessive litigation.
Oliva has argued that Florida’s discrimination laws should not address LGBTQ discrimination in the workplace because employers cannot always immediately determine an employee’s sexual orientation. According to the South Florida Sun Sentinal, he has said, “[Y]ou could get in an event where somebody could lose their job, and then they might claim it is based on something that somebody did not know, to begin with.”

Oliva added that “Florida is a tremendously inclusive, immensely diverse state,” and therefore, the workplace discrimination laws do not need any expansion at this current time.
Others have disagreed. Some have also pointed out that changing the laws to address LGBTQ workplace discrimination in Florida could benefit the state in numerous ways.
For example, according to Rep. Jennifer Webb, one of the lawmakers sponsoring the LGBTQ discrimination in the workplace bill, adjusting the laws would help Florida businesses attract more employees. Additionally, groups in other states, such as Colorado, have published advertisements in Florida newspaper urging members of Florida’s LGBTQ community to move to states with more comprehensive LGBTQ discrimination in the workplace laws.
Webb is one of 64 legislators supporting the Florida Competitive Workforce Act. Several companies with major presences in Florida, including Disney, have also endorsed the bill.
As of now, Florida’s workplace discrimination laws do not address LGBTQ workplace discrimination. There are no current laws that prohibit businesses from firing employees (or choosing not to hire job candidates) based on sexual orientation.
Many who believe LGBTQ workplace discrimination is a problem in Florida have been trying to expand the existing laws to include members of the LGBTQ community for over a decade now. However, as long as Oliva and others who share his perspective continue to wield power, it appears as though the Florida Competitive Workforce Act will receive neither a hearing nor a vote in 2020. This would make 2020 the fourth year in a row that legislative committees have not heard official measures addressing LGBTQ workplace discrimination, despite many pushing for such measures to be heard.
Some who believe they have already experienced LGBTQ workplace discrimination in Florida argue this is an injustice. For instance, Monica Toro Lisciandro of Brevard County says she was forced to leave her job as a teacher at a Christian school when an individual called her supervisors to let them know she was in a homosexual relationship and had attended gay pride parades in the past.
However, it is worth noting that the Competitive Workforce Act does specify that it would not prohibit employers from exercising their freedom of religion rights established in the U.S. Constitution. It remains uncertain whether passing the bill would protect someone’s job in such circumstances.
Other Issues Affecting the LGBTQ Community
LGBTQ workplace discrimination is not the only topic of this nature Florida lawmakers and voters have actively dealt with this year. For instance, some have taken issue with the fact that Florida’s current school voucher program provides public funding to private schools whose policies are sometimes discriminatory towards members of the LGBTQ community. Additionally, lawmakers have vigorously debated a bill that would make providing hormone therapy or sex-assignment surgery for transgender children a crime.
These are all significant issues that will most likely continue to play major roles in Florida’s legislative discussions both in the immediate future and in the coming years. Again, those advocating that Florida’s laws be expanded to cover LGBTQ workplace discrimination are still pushing for a vote on the Florida Competitive Workforce Act and probably will not allow current setbacks to deter them from what they consider to be an important task.
In the meantime, workplace discrimination, in general, will always need to be addressed properly. If you believe you have been the victim of discrimination in the workplace for any reason, attorneys can help you pursue the compensation you deserve.
Call Wenzel Fenton Cabassa, P.A., with locations in Tampa, St. Petersburg, Orlando, Miami, Sarasota, and Jacksonville, at 813-224-0431 for more information.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### FLSA Cases Reach Record High in 2015
The number of Fair Labor Standards Act (FLSA) lawsuits reached a record high in 2015. The increased number of FLSA cases is attributed to heightened employee rights awareness, more worker-friendly restrictions, and publicity around related minimum wage and overtime issues.
Evidence of a record number of FLSA cases filed in 2015 outlines an 8 percent increase of alleged workplace violations under the federal FLSA over the past year. The cases included minimum wage, employee misclassification, and overtime pay violations.
According to reports of the Federal Judicial Center, 8,781 cases were filed in 2015 alleging Fair Labor Standards Act violations by employers. Experts in employment law predict an even greater increase to over 9,000 FLSA related cases for 2016. The past year has seen an overall increase in wage and hour claims against employers of various industries but with the greatest concentration in the hospitality and retail industries.
In addition, over the past 15 years, the number of FLSA cases has increased at a rate of about 450 percent. This may be due to a widespread agreement of pay inequalities, new and sometimes confusing regulations, and unclear requirements that lead to misclassifications. Employment law attorneys consider all of these factors key elements that contribute to the “perfect storm” between employees and employers.
One of the biggest issues of the year stems from the misclassification of employees for driving “gigs” who are considered independent contractors by Uber’s company policy. Many consider the issue of employee misclassification one that must be further addressed in the coming year due to unclear restrictions and regulations regarding the issue.
The Supreme Court previously ruled that most independent contractors were actually considered employees. Additional requirements for overtime exemption and the minimum salary to be considered exempt from overtime pay will be examined and determined at a later time in 2016.
The current minimum annual salary to qualify for overtime exemption rests at $23,660, but a final rule to be issued in July 2016 regarding the new “white collar” exemption raised this number to $50,440. Next year, the Department of Labor (DOL) will make a determination regarding this proposed new rule and will also take into consideration the nearly 300,000 comments that were received as a result of this newly proposed requirement for overtime exemption.
These concerns for compliance with FLSA restrictions create a need for businesses to review current practices and policies as well as implement systems that free them from the burdens of the misclassification of employees. One way employers that engage in independent contracts with workers can avoid repercussions from misclassification is by working with an experienced Independent Contractor Compliance and Engagement solutions provider. This method allows for quicker, safer, and more cost effective ways for employers to work with independent contractors.
Are you or someone you know the victim of a Fair Labor Standards Act (FLSA) violation in the workplace? Then you may be entitled to damages accordingly.
You need a steadfast advocate for your employee rights to secure just practices in the workplace. Let the employment law attorneys at Wenzel Fenton Cabassa, P. A., handle your case, and contact us today.
 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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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 at (at least) 1.5 times the employee’s regular rate. While FLSA stipulates overtime payments, it does not dictate the payment of holidays or weekends.
The FLSA is a minimum that governs employers in the US. Some states, like Florida, have chosen to enact additional laws and guidelines. Each year, Florida minimum wage increases based on a cost of living calculation. But not everyone is eligible to be paid at minimum wage.
Who is Protected Under the FLSA?
Most jobs are governed by the FLSA but some are not. They may be industry specific like agricultural workers, retail service workers, fisherman, newspaper delivery people, taxi drivers, and theater employees. Also, if an employee is governed under another employment law and regulation, such as the Railway Labor Act or the Motors Carrier Act, they are not covered under the FLSA.
Small businesses grossing under $500,000 a year do not have to pay employees minimum wage. Tipped employees receive “direct wage” instead of minimum wage. Companies employing full-time students can apply to reduce the minimum wage owed the students by 15%.
If you are eligible for minimum wage and your employer has failed to pay you at Florida’s rate, consult a wage dispute attorney on your rights.
Exempt or Nonexempt
There are two classifications of employees in the U.S., exempt and nonexempt. Nonexempt employees are entitled to overtime. Exempt (or salaried) are not. Classification can be tricky.
Some companies classify their employees incorrectly to avoid paying overtime. An employment attorney can help you figure out if your position is classified correctly or not. Documentation through the Department of Labor can also help you better understand how they arrive at the classifications.
Exempt employees have few rights outside of their full base salary under the FLSA. “Mandatory overtime” is not restricted for this group so understanding your classification is essential to figuring out whether you are owed unpaid overtime.
Changes in Exemption
Sometimes employees are wrongfully categorized by accident or misinformation. Often employers make this change to be in compliance with labor laws. If your company recently recategorized you from exempt to nonexempt, you may be eligible for up to three years back overtime pay.
Statute of Limitations on FLSA
If you think you were wrongly classified as exempt, or you are owed unpaid wages or back pay, you generally have two years to seek restitution. However, in cases of willful violations of job classifications by your employer you may have up to three years.
Don’t miss out on back pay or overtime that is owed you. Contact an employment attorney at Wenzel Fenton Cabassa, P.A. today. Isn’t it time you knew and received what you rightly deserved?




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### FMLA Retaliation: 6 Benefits of Hiring an Employment Lawyer to Represent Your Case
The Family & Medical Leave Act was passed to protect workers’ rights to leave under limited circumstances. Unfortunately, FMLA retaliation is fairly common across the United States. Often, employees are either unaware of their rights and fail to recognize the actions taken by their employer are illegal or fail to act out of fear. That’s where an employment lawyer comes in. Experienced legal professionals help employees whose rights have been violated due to FMLA retaliation — holding employers accountable for their egregious actions that affect families every day.
6 Benefits of Hiring an Employment Lawyer

Help With Your Legal Rights to Same Pay & Benefits
FMLA retaliation has many faces. Employers will perform certain actions to “punish” employees for taking time off. One of these is giving you a reduction in your wages once you come back to work. You are legally entitled to equal pay and benefits that you had before you took leave. It is important to review your paycheck carefully. If you see a difference, you may have a case of FMLA retaliation.

Holding Your Employer Accountable for Wrongful Termination
There are varying events that can lead to a claim of wrongful termination. When you return from an FLMA leave are you held responsible for work which was not done during your leave? Did you get a bad performance review from your supervisor after your leave based on work that was not completed during your leave? Were you disciplined for not meeting a quota based on the quantity of work which was not adjusted for the time you were off work for an FMLA leave? Did these adverse actions cause you to lose your job? The most severe circumstance of firing someone outright who still followed all policies and procedures for FMLA is the most obvious basis for a claim on retaliation but lesser action may also qualify as “adverse actions.” It is important to hold your employer accountable — to get your career back on track.

Help to Get Your Previous Position Back After a Demotion
Another example of FMLA retaliation is when an employer demotes you to a lesser position (or an entirely new position for which you are not experienced) after taking leave to have a baby or care for a sick loved one. A large majority of working Americans are covered by the Family and Medical Leave Act and have a legal right to return to their former position or an equivalent position in wages and seniority.
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Make sure to consult an experienced employment law attorney as soon as possible because there is an FMLA discrimination statute of limitations. As a general standard, a claim must be filed within two years after the demotion (or other retaliation) that you believe was in violation of the FMLA. There is a maximum of three years if the violation was willful.

Holding Your Employer Accountable for Assigning New Work Not Relevant to Your Job
Have you been told to do the heavy lifting that wasn’t previously required for your position? Did your employer take you away from a job at a desk and place you in a position that now requires you to stand on your feet all day? These are some of the illegal actions employers will take which can be considered FMLA retaliation and violate your legal rights.

Help After Losing Eligibility for a Promotion
Were you on track for a great promotion before you took family or medical leave? Has your employer told you that you are no longer qualified for that promotion after you came back from FMLA leave? You should consult an employment lawyer to see if you have a case. If you have any documentation that relates to your promotion track, make sure to keep it because this evidence can make a big difference in your legal outcome.

Holding Your Employer Accountable for Giving You an Unreasonably Heavy Workload After Taking Leave
Another example of FMLA retaliation is an employer giving you an unreasonably heavy workload after taking family or medical leave. Have they given you a full-time workload with a part-time schedule? Did they fire you after you could not complete all the work in the time allowed? Much of the content of the law is about equality. Equal pay and benefits before and after leave; equal workload before and after leave; equal seniority before and after leave…all of this issues are covered under the FMLA.

Consult With an Employment Lawyer for FMLA Retaliation
Experienced, proven employment lawyers are well-versed in the myriad issues surrounding FMLA retaliation — helping employees just like you receive justice and get their careers back on track.
At Wenzel Fenton Cabassa, P.A., our employee rights attorneys we can evaluate your personal circumstances to determine whether your employer has violated the provisions of the FMLA and then take the necessary steps to protect your rights. Families should not have to go through the personal stress, financial stress, and negative impacts on careers that happen due to FMLA retaliation.
Contact us today for a free confidential case evaluation. Don’t wait until the FMLA discrimination statute of limitations runs out. We are here for you. We’ve helped thousands of clients get the justice they deserve.
Locations in Tampa, St. Petersburg, Sarasota, Miami, Orlando and Jacksonville.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### FMLA Statute of Limitations: What You Need to Know
The FMLA contains broad protections for workers across the United States. Although, there are FMLA statute of limitations that employees should be aware of if you have been subject to FMLA harassment or FMLA retaliation and are considering filing a complaint.
FMLA Basics
The Family Medical Leave Act (FMLA) provides qualified workers 12 weeks of time off their job each year if they give birth to a baby or need to take care of a sick or injured loved one, or if the employee suffers from a serious health condition for which he/she requires leave. The law does not require employers to pay you, but you can utilize accrued vacation or personal time (in accordance with your company HR policies) to assist with your financial needs. The 12 weeks does not have to occur consecutively.
Generally speaking, an employee would be eligible for FMLA if their employer(and their satellite locations) has 50 or more employees within a 75-mile radius of the employee worksite. Public sector employees are also typically covered, including city, county, state, and federal workers.
FMLA Violations & FMLA Statute of Limitations
When your family needs you, you should be able to be there. You should not be harassed or retaliated against at your job. Unfortunately, many employees do — and your financial security could end up in jeopardy. If your employer commits FMLA violations, you have a right to fight back.
According to federal law, the FMLA statute of limitations for filing a claim against your employer for a violation is two years. If an employment law attorney can prove that the FMLA violations were willful, then the law gives you three years to file a claim and start the process.
But how do you know if you need an employee rights attorney for violations such as FMLA harassment or FMLA retaliation?

What are FMLA Harassment and FMLA Retaliation?
Employers will sometimes make it hard for you at work when you take time off under the FMLA – and take even more drastic measures. FMLA harassment and FMLA retaliation are both common reasons for filing cases. Here are some examples that could be considered FMLA violations:

Your employer puts you on the “mommy track” or “daddy track” and denies you a promotion, specifically because you took time off to have a baby or care for the baby.
Your employer instructs you to delay your requests or threatens to fire you because they need you at work.
Your employer fires you because you had to take time off under the FMLA to take care of a very ill spouse or recuperate from your own serious health condition.
Your employer demotes you when you come back from FMLA.
Your employer gives you additional duties that are not part of your job description, such as additional physical labor like heavy lifting.
Your employer, or others in the workplace, makes offensive comments after having had a baby and taking time off from work.
Your employer makes it difficult to take “intermittent leave” by increasing your workload significantly so that it makes it difficult to complete within a specific time frame.

These are some of the examples that could be considered FMLA violations by the Department of Labor, the federal government division that administers employment law violations. All of these examples would be constrained by the FMLA statute of limitations.
Why is it Important to Know the FMLA Statute of Limitations?
The FMLA statute of limitations is important because it can greatly affect your career, family, and financial future. An employee rights attorney knows this all too well. Consider the potential difficulties and damages that can occur if you do not take action promptly if you have been the subject of an FMLA violation.
You could be dealing with serious financial consequences if you have been denied a promotion, demoted, or fired if you legally took time off under the FMLA. Think about the wages you could have earned if the violation did not occur. This can not only affect your career path and the earnings you make, but it also can greatly impact the financial well-being of your family for a long time to come.
In addition to financial consequences, there are often intense stressors placed on you and your family. A time of celebration, such as bringing a new baby into the world, can turn into a time of stress if you have been retaliated against or harassed at work.
Contact an Employee Rights Attorney for FMLA Violations
At Wenzel Fenton Cabassa, P.A., we understand the consequences of an FMLA violation. We care about Florida workers and their families and are experienced, dedicated employment law attorneys.
Contact us today to set up a free, confidential case evaluation. There are multiple steps in going through the process of filing a claim and holding your employer accountable. If you wait too long, the FMLA statute of limitations may run out.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### FMLA's New Definition of Spouse Halted in Four States
United States v. Windsor Marriage Act Called into Question in Some States
Do you live in a state that supports the Defense of Marriage Act? If you applauded the Supreme Court’s decision in United States v. Windsor — the recent hearing and argument over the Defense of Marriage Act (DOMA) — and wondered what that would mean for the definition of “spouse” in topics of employment rights like the Family Medical Leave Act (FMLA), you were probably thrilled to see the Department of Labor alter its definition of spouse to include same-sex partners.
Now that change is being questioned in the courts.
In Texas v. The United States, the states of Texas, Louisiana, Nebraska, and Arkansas requested a preliminary injunction in regards to the Department of Labor’s change. In March of this year, the United States District Court of Northern Texas granted their request.
Are Same Sex Partners Covered Under the Family Medical Leave Act?
When the United States Supreme Court struck down section 3 of the Defense of Marriage Act, which stipulated marriage was between a man and a woman (partner of the opposite sex), President Obama asked that all legislation be reviewed for places in which this new definition of spouse could be applied.
One place was in the FMLA policy. Covered employees may take up to 12-weeks of unpaid leave to care for their spouse (as well as a limited list of other family members such as child, mother, father, etc.) in a 12-month period. The Department of Labor revised their definition of “spouse” to coincide with the Supreme Court’s ruling and broadened the definition to include same sex partners as spouses if their state recognized them as legally married. This did not cover employees who lived in a state that did not recognize it.
In February of this year the Department of Labor revised that stipulation and said FMLA covers all same sex partners regardless of whether the state they live in recognizes it or not. The new definition was to go into effect at the end of March.
A Question of State’s Rights
Since Texas, Arkansas, Nebraska, and Louisiana do not recognize same-sex marriage in their states, they filed an injunction. It was granted because Congress had been quite clear that it intended to allow states to define whether same-sex privileges would be granted or not. The Court concluded that the Department of Labor exceeded its authority by introducing that ruling. While the preliminary injunction remains in effect, the Department of Labor cannot take any action to enforce their change in wording.
Employers Need to Catch Up
Employers outside of those four states need to review their family leave policies and ensure the new definition of spouse is included. Employers must also do their part in educating their staff such as managers, supervisors, and HR departments about this change. For companies who have employees in these four states, it’s essential to monitor the progress of this argument.
If you work for a company in Florida that has not adopted the new language on their FMLA policies and you’ve been denied leave to tend to a same-sex spouse, you should not have to fear for your job. At Wenzel Fenton Cabassa, P.A. we’ll fight for your rights to care for your loved ones regardless of gender. Contact us for a free case evaluation of your employment rights case.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Former Caretaker Files Unpaid Wage Claim Against Betty White
Betty White has always been a classy actress with an untarnished reputation, until now. She’s is a “Golden Girl”, after all. But wage and hour violations do not play favorites or discriminate. At 94 years old, Betty White is being sued by her former caretaker over a wage and hour dispute.
Anita Maynard, White’s caretaker, accused the former actress of violating wage and hour laws by not paying her minimum wage/overtime for her services from Feb. 23, 1994 to March 11, 2016. A wage and hour lawsuit was filed against Betty White on Thursday, March 17, 2016 with a state court in Los Angeles, California.
According to The National Law Review online, the illegal actions cited by White’s caretaker Maynard included, “alleging that she was not paid minimum wages or overtime, was not permitted to take meal and rest periods in compliance with the law, and was not paid all wages due to her when her employment ended.”
To give an overview of the situation, Anita Maynard was a domestic worker for Betty White and worked as a long time live-in employee, caretaker, and maid. Maynard reported that she would sometimes work 14 hour days but that she was not paid for overtime. The former caretaker also stated that she sometimes worked a 6th day in the week. Since she stopped working for Betty White, Maynard said that she has not received the unpaid wages and vacation pay she is owed (Note: the vacation claim and several other claims in this case are brought under California law which differs significantly from the federal minimum wage laws). In the action captioned Anita Maynard vs. Betty White Ludden Ms. Maynard seeks unpaid wages, attorney fees, costs, and penalties.
The full wage and hour complaint can be downloaded and viewed here – Anita Maynard vs. Betty White Ludden Wage and Hour Case. Betty White has yet to comment or make a public statement regarding the allegations.
This case presents issues common to many employees as evident from the fact that wage and hour disputes are on the rise across the country, and particularly in Florida. Just because your employer pays you on a “salary” basis, don’t be fooled. You may be entitled to overtime. In fact, most caregivers or employees in similar positions are not exempt from overtime on the basis of the election of a salary-based payment.
Because caregivers often work long hours, it should be no surprise that unpaid overtime lawsuits often form the basis for the wage-hour claim by the caregiver.
The fact is, if you’re not legally exempt from overtime pay, your employer cannot withhold these overtime premiums from you, even if you do decide to quit or get fired.
Has your employer violated wage and hour laws?
If you believe your employer has illegally withheld pay or failed to pay you all that you have earned, then contact an employment attorney immediately. Wenzel Fenton Cabassa, P.A. are employee rights attorneys for employees whose rights have been violated by employers.
Set up a free case evaluation for wage and hour violations in Tampa today.
SOURCES:
 Betty White Sued by Former Caretaker for Unpaid Wages
Betty White Sued By Caretaker Over Claims of Unpaid Wages, Lack of Breaks
Even Betty White can Be Sued for Alleged Wage and Hour Violations

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### FORMER EMPLOYEES SUE LASER SPINE INSTITUTE IN CLASS ACTION LAWSUIT
A class action lawsuit was recently filed against Laser Spine Institute by at least two former employees after abruptly losing their jobs as part of a mass layoff and sudden closing of the business.
Represented by Wenzel Fenton Cabassa, P.A., the employees allege that they did not get enough warning of the closure. The plaintiffs are suing the Laser Spine Institute based on the company’s alleged violation of the Worker Adjustment and Retraining Notification Act (WARN Act). This U.S. Labor law was enacted by the 100th United States Congress to protect employees, their families, and their communities.
The WARN Act requires employers with 100 or more workers to provide a 60 calendar-day advance notification of business closings and mass layoffs of employees.
Detailed in the court case, the plaintiffs are seeking 60 days’ worth of pay for laid-off employees. This is what the workers would have received if they had been given the appropriate notice from Laser Spine Institute.

The Background of the Case
Prior to the business closure and mass layoffs, which included approximately 500 employees, the Laser Spine Institute had been undergoing financing efforts to keep the business operating under Chapter 11 bankruptcy. The CEO of the company has now said in a statement that they were not able to get the necessary financing.
On Monday, March 4, 2019, one of the employees named as a plaintiff in the class action lawsuit received a memo detailing a WARN Act notice. This occurred after all Laser Spine Institute facilities closed abruptly on Friday, March 1, 2019. In the memorandum, the company said that if they had sent the notice earlier, it would have undermined their ongoing financing efforts to keep the company in business.
Employee Rights Lawyers Fight Hard to Hold Employers Accountable
Employees have a number of rights under labor laws put in place by the federal and state government. Employers should be held accountable for violating the rights of workers — including violations of the Worker Adjustment and Retraining Notification Act (WARN Act).
At Wenzel Fenton Cabassa P.A., we work relentlessly to hold companies accountable for violating the law. We fight for employees — not employers. Our attorneys know the complexities of the law when it comes to employee rights and aggressively takes on companies that don’t adhere to the WARN Act — including large employers like Laser Spine Institute that have a significant presence in Florida.
It is not uncommon for employers to take advantage of employees and disregard their legal rights. That is why we are strong advocates for employees in all aspects of employment law. They have their attorneys, and employees should be able to have appropriate, experienced, aggressive legal representation too.
Were you laid off without notice, discriminated against, denied pay for working overtime, or were the victim of other employee rights violations? We fight for justice to get the best outcome possible for employees with you and your family in mind.
Contact us today to set up a free initial case evaluation. 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Former Wegmans Employee Fired over FMLA
Protecting Yourself from FMLA Retaliation
A former Wegmans employee sued the grocer in July, claiming violations of harassment and retaliation by her supervisor for electing to use her protected right to Family & Medical Leave Act (FMLA) leave.
The Family & Medical Leave Act was passed in the United States to protect workers’ rights to leave under limited circumstances, and the right to job protection while on leave. Unfortunately, FMLA retaliation is all too common.
Jordan Hanson Bartman said everything at work was fine, and that she was treated like a valuable staff member until she decided to take FMLA leave. It was around the same time that the Massachusetts store had hired a new general manager.
 
Delaying FMLA Leave
The first alleged violation occurred after Bartman was in a car accident that required hospitalization. Her mother called the Wegmans supervisor on her behalf to let her know what happened to her daughter, and that Bartman would not be coming into work that day. Bartman was later berated by the supervisor for not calling in herself.
Because of the pain and suffering caused by the accident, Bartman began to increasingly become depressed and anxious. It was intolerable. When she finally asked for FMLA leave again, the store manager delayed approval until after the holiday season, telling Bartman to “suck it up.” The supervisor also warned that Bartman’s leave was becoming a bother to the whole store.
 
Fired for Persistent Absence
Wegmans Food Markets Inc. demanded that Bartman obtain a physician’s note whenever she took leave, and if she couldn’t come into work she should call at least two hours before the start of her shift. She was eventually fired for “persistent absences, tardiness, and failure to follow procedures.”
Often, employees like Jordan Bartman are either unaware of their rights and fail to recognize their employer’s actions are illegal or fail to act out of fear.

What to Do When You’ve Been Fired for Taking FMLA
The unfortunate events Jordan Bartman experienced could happen to any employee. If you work for a covered employer, and you are eligible for FMLA leave, you have the peace of mind that there are protections against retaliation. If you’ve taken FMLA leave, chances are you’ve already had enough to fret about.
Two ways you can seek a remedy for FMLA retaliation:

Speak with an employee rights attorney 

If you’ve been wrongfully fired for taking FMLA, the law provides that you can be paid damages. This is payment for any loss, injury, or harm that you suffered as a result of your denial of leave, or any retaliatory action, including a subsequent firing.
Employer discrimination due to your need to take a leave which is protected by the FMLA is wrong. Know you’re not alone – compassionate, determined employment discrimination lawyers are here to help. If you’ve been discriminated against at your current job or fired for taking leave, contact an employee rights attorney today.
Even if you haven’t been fired, an employee rights attorney can assist you with denials and retaliatory actions that include harassment. If your employer aims to “get back at you” for taking FMLA leave, an employment law attorney may be able to help. No one should have to “suck it up.”
Just like all legal matters, it’s essential to speak with an attorney about your specific situation before making any assumptions about the potential outcome.

Write to the U.S. Department of Labor

In clear and basic terms, describe your situation in a letter to the U.S. Department of Labor. Letters can be sent by mail to:

Department of Labor
FMLA Complaints
200 Constitution Avenue NW
Washington DC 20210

If there’s a Department of Labor close by, you can also address your letter to a local branch or drop in to speak with an agent. When the DOL receives your complaint, they’ll examine your reason for leave and your employer’s position for firing you.
 
Don’t Wait to Contact an Employment Law Attorney
If you’ve lost your job for taking FMLA leave or have faced retaliation or harassment of any kind by your employer, don’t wait to take action. Protect your rights and contact the employment law attorneys at Wenzel Fenton Cabassa, P.A. today. We offer a free, confidential case evaluation and several locations for your convenience.
Our locations:
Tampa,Orlando,Miami,Jacksonville,Sarasota,St. Petersburg
Other FMLA articles:
Do You Get Paid When on FMLA leave?
10 Signs You’re Facing Retaliation for Taking FMLA Leave
What is the Difference between Short-Term Disability and FMLA Leave?
5 Common FMLA Violations Employers Make
Top 8 FMLA FAQ’s (and Answers) You Should Know
How to Complete and FMLA Form for a Family Member
 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 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 employment contract, or time off sanctioned by law.
The Florida Civil Rights Act lists “protected classes” from termination, but the burden of proof in establishing discrimination and wrongful termination falls on the employee. That’s why it’s important if you believe your company is treating you unfairly, that you begin documenting these events as soon as possible.
Am I in a “Protected Classes”?
Employers cannot discriminate against an employee or job candidate based on:

Sex
Sexual orientation
Marital status
Age (if over 40
Race, color, national origin
Religion
Disability
Military service
Gender identity (such as a transgendered individual)

If you feel any of the above reasons led to discrimination and losing your job, or any other adverse employment actions, you may have a case for wrongful termination.
What Do I Do if I Think I’ve been Wrongfully Terminated?
If you feel you’ve been fired due to discrimination, or one of the others reasons mentioned above, the first thing to do is organize your proof. The documentation will not only help the attorney should a wrongful termination case be filed, but it will help you recall the details of the events as well.
Gather up documentation on:
Contracts/Promises
Begin by organizing any written contracts or oral promises you were given about your job, promotions, achievements, and/or assurances you had a bright future with the company. These can include contracts, emails, positive performance reviews, and written accounts of conversations between you and management. These accounts should be as detailed as possible and include dates and others present during the conversation(s).
Adverse Employment Actions
An adverse employment action may include being terminated, passed over for a project or promotion, being refused an interview, and any other action on behalf of your employer that negatively affects your employment/job. Withholding wages or transferring you to a different department without paying out commission are also examples of adverse employment actions. List such occurrences by date in a journal or file.
Retaliation
If you were legally protected due to a current investigation such as a wage and hours dispute or whistleblowing situation, or you had filed a discrimination complaint with the Equal Opportunity Employment Commission, and then suffered an “adverse employment action” make note of the details, including any paperwork or filings associated with the investigation(s).
Fraud
If your employer-led you to believe something like weekend work was not required and now insists you work every weekend, make notes of the discrepancies preferably through documented paperwork from the employer. If you don’t have paperwork, recount the conversations and document them in writing to the best of your ability.
Consult an Employment Attorney
Once you have your documentation, contact Wenzel Fenton Cabassa, P.A. to schedule your free case evaluation at 813-579-2483. We can help you sort out the details of your case and answer any questions on your employment rights.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Guide to Employment Attorneys Working on Contingency in Florida
Finding the right attorney may feel like a daunting task. It does not have to be.
Are you looking for an employment attorney working on contingency?
This guide will give you comprehensive information to help you decide your legal representation when dealing with an employee rights violation.
Many people will use lawyers working on contingency to reduce risk and stress. Legal issues in the workplace can affect multiple areas of someone’s life and create a lot of stress. Working with a lawyer on contingency can be more appealing to many people and has several distinct benefits.
What is a Contingency Fee?
A contingency is a fee that is only required to be paid if the legal case being represented is won.
When you bring your case to an employment attorney working on contingency, you do not have to have funds on hand to pay for legal services. This arrangement increases access to legal services and is a significant relief for many people dealing with employment law violations such as discrimination, sexual harassment, unpaid overtime, retaliation, or other violations in the workplace.
If the case is lost, the individual or individuals who brought the case to the lawyer would not have to pay a contingency fee. This is unlike criminal defense attorneys, family law attorneys, or other areas of the law where individuals can end up with substantial bills after the case is over. In addition, a contingency lawyer will not send you invoices for their fees after the case is over if the case is lost.
Contingency fees are usually calculated as a percentage rather than a flat rate to account for the unpredictability of future legal outcomes. For example, if a case of discrimination against an employee was proven and a juddgment of $200,000 was awarded, the contingency lawyer would receive a certain percentage of the total amount.
Lawyers who work on contingency do not make an agreement of what their specific total charges will be upfront because they will not know what they will be until the case is resolved. This process is an inherent component of working with a contingency fee lawyer.
What is the Standard Contingency Fee for an Attorney?
When considering working with an attorney on a contingent fee basis, one of the first questions people ask is, “How much do contingency lawyers charge?’
Know that there are some basic standards so you can understand what to expect.
The standard contingency fee for an attorney is 33-45%. However, these fees can be substantially lower if the case is enormous. An example: if there is an extensive multi-million dollar class action lawsuit against a national company involving many employees where the employer had a practice of not providing proper disclosure and authorization before conducting a background check.
Each case is different and comes with its complexities. For example, extensive cases may include a variety of employee rights violations. This is a primary reason there is a range for contingency fees rather than a flat percentage rate across the board.
When the agreement is being composed with an employment attorney working on contingency, the documentation will include details relevant to the contingency rate, how expenses are calculated, policies, and other necessary information.
For clarity, contingency fees can depend heavily on the case itself and the inherent level of risk for the attorney.
What Legal Cases are Eligible for Contingency Fee Arrangements?
A contingency fee arrangement differs from contracts for other legal needs, such as fee contracts used in divorce, criminal, and child custody cases. Only specific segments of the law allow attorney contingency fees.
Legal cases that are eligible include segments of the law such as personal injuries, FCRA violations (such as robocalls), employment law, and debt collection. The types of damages in these cases can include:

Punitive damages – punish the defendant for lack of care for others.
Non-economic damages – such as pain and suffering.
Economic damages – including medical bills and lost wages
Compensatory damages – a combination of non-economic and monetary damages

The amount of the damages will depend on the circumstances of the case. For example, economic damages such as lost wages are common in wage and hour disputes. In addition, compensatory damages could be awarded in various cases, including discrimination and retaliation in the workplace. Your contingency lawyer will discuss the possibilities of damages for your particular situation.
In addition to divorce, criminal and child custody cases, adoption, bankruptcy, and immigration cases are not eligible for contingency fee arrangements. State laws and courts will prohibit the use of contingency lawyers for these types of cases as a matter of public policy.
Benefits of Contingency Fees
There are multiple benefits of contingency fees and working with lawyers who get paid when you win.
One of the most significant benefits is that contingency fees can shift the risk from the individual to the attorney. For example, an individual may be concerned about starting a case to fight for their rights because they worry about the potentially high costs. But contingency fees can help individuals ensure they won’t have to spend excessive money on a case that eventually ends up failing.
Another benefit is that contingency fees allow employees to feel more confident bringing cases against large companies. Those cases can take a lot of resources to fight —but they can also be very rewarding. Legal action against large companies can involve a lot of research, communications, interviews, negotiations, documentation, and strategy, and it often takes the time and expertise of multiple lawyers. This action would be challenging if you did not have employment attorneys working on contingency.
Additionally, contingency fee arrangements can also have personal benefits. For example, it takes time to get through the legal process of an employee rights case. As a result, people are often stressed and anxious and may lose sleep thinking about the case. When you do not have to worry about extensive lawyer’s fees if you lose, working with contingency lawyers can help with stress reduction and make you feel more relaxed and less anxious overall, particularly during a lengthy legal process.
Are Contingency Fee Legal Cases Truly Less Risky?
Risk management is a massive part of contingency fee legal cases. This risk management is how the best contingency lawyers help people win cases.
Contingency fee cases can be less risky to individuals that do not feel confident that they have the money to fight their employer or even large businesses in court. Most employers have their lawyers, and larger enterprises typically have teams of lawyers. To effectively hold them accountable for employment law violations, you need your lawyer or legal team on your side. Attorneys who work on contingency fees take on that risk for you, so you do not need to have much money to fight them.

Also, contingency fees are often used in complicated legal situations where an attorney will need to invest a significant amount of time. This is particularly true if employee rights violations occurred over an extended time and targeted multiple workers. Examples of types of these cases can include nationwide TCPA cases involving robocalls, class action lawsuits challenging employers’ COBRA notices, or even instances of individual employment law violations that are very complex.
Because attorneys shoulder the risk in a contingency fee arrangement, these arrangements are less risky to individuals.
Keeping a focus on risk management, attorneys work hard in contingency fee arrangements to lower personal risk by only accepting the most promising cases. They will review the details of what happened and any current evidence, analyze if other potential evidence may be included in the case, and consider additional relevant information, including any witnesses, to decide whether to move forward. This process is another reason to be confident with a contingency lawyer.
What Happens if you Lose a Contingency Case?
When you decide to take legal action, it is normal to fear losing a case. Several cases that are not on contingency can be a tremendous financial burden depending on your financial circumstances.
Many cases that are brought against companies that are on a contingency basis are won. As mentioned above, the lawyers will consider the case’s merits before proceeding.
You do not have to pay a contingency fee if you lose a contingency case.
However, there are some circumstances in which court filing fees, expert witness costs, or discovery costs may be paid by the individual bringing the lawsuit in the case of a loss. These are legal costs separate from the primary work that your lawyer would do in bringing your case to a resolution. They may or may not apply to your particular case. These charges are negligible compared to the total cost in an employee rights violation case.
When you consult with an employment attorney working on contingency, they will address any concerns regarding contingency fees or negligible costs.
Finding a Contingency Fee Lawyer in Florida
When illegal actions have been taken against you by your employer, you have a right to fight back — no matter your financial status.
Contingency fee arrangements can be a better option in hiring an attorney when people want to be more confident in their case, reduce stress during the legal process, or fight against businesses with deep pockets.
Wenzel Fenton Cabassa, P.A. works on a contingency basis and helps employees across the state get justice when their rights have been violated. We provide services across comprehensive employment law needs:

Hostile Work Environment
Discrimination
Wrongful Termination
Wage and Hour Disputes
Fair Labor Standard Act (FLSA) Claims
Government Investigations — including whistleblowing and EEOC charges
Equal Employment Opportunity Commission (EEOC) — filing and mediation
Family and Medical Leave Act (FMLA) Claims
Fair Credit Reporting Act (FCRA) Claims

No one should suffer workplace violations, such as discrimination, sexual harassment, a hostile work environment, or unpaid wages. When this happens, it can affect multiple areas of your life and your family. Our attorneys are aggressive and know how to stand up to employers that harass, discriminate, or take other actions that violate your rights. You deserve justice.
Our employment attorneys working on contingency work in offices across the state for your convenience, including:

Tampa
Orlando
Miami
Sarasota
St. Petersburg
Jacksonville
West Palm Beach 

We are the employee’s law firm. As your lawyer, we will do everything we can to help you secure the justice you deserve.
Contact the law offices of Wenzel Fenton Cabassa, P.A., to schedule a free case evaluation. Call 813-224-0431 today.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Guide to Protected Concerted Activities for Non-Union Employees
In years past, unions were a powerful equalizing force. Employees across the nation unionized, using their collective voice to demand fair compensation and safe working conditions for themselves and one another. The employees could have an equal seat at the negotiating table by coming together.
Union membership has decreased over the years, but the power employees possess when they come together remains undiminished. For this reason, the National Labor Relations Act (NLRA) remains as relevant today as when Congress first passed the act in 1935.
The NLRA came into being during the decades that saw some of the highest union membership in the country’s history. Today, the NLRA provides critical protections to all employees. One specific provision of the NLRA concerns protected concerted activities for non-union employees.
Under the NLRA, protected concerted activity is an action that employees take collectively or on behalf of one another relating to their employment. Employers who attempt to interfere with, discourage, or penalize employees who come together to discuss and address work-related issues and conditions may face penalties for violating the NLRA.
What Is the NLRA?
The National Labor Relations Act (NLRA) is also called the Wagner Act after its chief architect, Senator Robert Wagner.
Work on the NLRA began in 1934 and culminated with the bill’s passage in 1935. With its passage, the National Labor Relations Board (NLRB) came into being and was tasked with enforcing the new employee rights enumerated in the act.
The NLRA was not the first time Congress attempted to address the relationship between employees, unions, and employers.
Before the act’s passage, employers could freely question, discipline, terminate, or otherwise retaliate against employees who were part of a union or banded together in support of one another. To prevent these practices, Congress passed the National Industrial Recovery Act (NIRA) in 1933.

The U.S. Supreme Court soon struck down the NIRA as unconstitutional, leaving employers again free to harass their employees and target union organizers and members.
Passage of the NLRA occurred during an era marked by increasingly large and violent strikes. During that time, Congress was favorably inclined to the plight of workers. Once the act was passed, President Franklin D. Roosevelt officially signed it into law on July 5, 1935.
Although Sen. Wagner and Congress drafted the NLRA with the concerns of unions in mind, the act is much broader in the rights it protects. One of the stated aims of the NLRA is to define protected concerted activities for non-union employees and union members.
The NLRA applies to nearly all employers whose business touches on interstate commerce. There are a few industries that the NLRA exempts from coverage and protection. For workers in these industries, concerted activities could result in disciplinary action or termination of their employment.
Does the NLRA Protect Non-Union Employees?
The NLRA applies to most workplaces and employees. These include workplaces where employees have organized into a union and where employees are actively considering forming a union.
Under the NLRA, employers cannot retaliate against employees who come together to discuss or take action to improve their working conditions or employment terms. They cannot impede union-related activities nor prevent non-unionized employees from forming a union.
However, the reach of the NLRA does not stop there. The act applies with equal force in workplaces where employees have not unionized or have not discussed unionizing. The NLRA even covers the concerted activities of employees without the intention of unionizing or joining a union.
Section 7 of the NLRA guarantees employees the right to engage in concerted activities. Employees include workers who are part of a union, those who have considered joining a union, and those who are not union members.
What Are Some Examples of Protected Concerted Activity?
The NLRA protects certain concerted activities employees engage in to promote their mutual employment-related interests. The term “concerted” refers to actions that employees do together as part of a unified effort, but it does not apply to actions done individually and separately for a particular employee’s benefit.
For protections of Section 7 of the NLRA, any concerted activities must be related to the purpose of collective bargaining or the employees providing “other mutual aid or protection.” This broad phrase covers not just compensation and benefits but also working conditions, safety issues, and other employment-related concerns.
The NLRB provides several examples of concerted activities that the NLRA protects.
More than One Employee Addresses an Employer About Increasing Their Wages
When you and another employee approach your employer to demand higher wages or negotiate better compensation, you engage in a protected concerted activity. It is immaterial whether your employer would consider your request unreasonable or unrealistic.
Suppose that you and two other employees all perform the same job duties. In speaking with your two colleagues, however, you learn that one colleague’s hourly wage is substantially higher than yours and your other colleague’s wages. The two of you decide to speak with your employer about the wage disparity and demand more pay.
In this example, meeting with your coworkers to discuss your compensation would be an NLRA-protected concerted activity. Your employer cannot interfere with these discussions nor attempt to dissuade you from having such talks. Employers who do so, whether through written policies, speech, or actions, could violate the NLRA.
In addition, addressing your employer and another employee would qualify as a protected concerted activity. It would be unlawful for your employer to retaliate against you for attempting to negotiate a better rate of pay for you and your coworker.
More than One Employee Discussing Work-Related Concerns Other than Pay
Protected concerted activity is not just directed toward conversations with your employer. Even discussing employment-related concerns with another coworker would qualify as a protected concerted activity. Such discussions would remain protected whether you intended to lead to formal talks with your employer or not.
Besides compensation and wages, other work-related topics would fall under this umbrella of protection. For example, discussing safety concerns and issues relating to working hours and conditions is permissible and protected under the law.
If you and others on your work crew notice that critical safety equipment is either broken or worn, you and your colleagues may rightfully conclude that your safety is in jeopardy. The NLRA protects you and your colleagues if you approach your employer and ask for new safety gear.
Additionally, the NLRA would offer you and your fellow employees’ protection from retaliation if you met and discussed the issue of the defective safety gear but decided not to bring the matter up to your employer.
An Employee Representing Other Employees in Discussing Improving Workplace Conditions
Sometimes employees agree that there are issues in the workplace, but they are still afraid to approach their employer as one group. They may feel their chances of obtaining whatever concessions they want from their employer will increase if only one employee confronts the employer on behalf of the group.
In this situation, the employees who meet together and discuss their working conditions would enjoy the protections of the NLRA. In addition, the employee who approaches the employer to voice the group’s concerns would also fall under the NLRA’s protections for concerted activities.

Suppose you and a group of your fellow employees have concerns about the hours your employer requires you to work. Your colleagues choose you as the person who will take the group’s concerns to your employer and ask for changes.
Even though you approach your employer by yourself, you are doing so on behalf of other employees to address a work-related issue. Therefore, the NLRA considers your actions to be a protected concerted activity.
The NLRA prohibits employers from taking disciplinary or retaliatory measures against employees who engage in these or other protected activities. Prohibited measures include demoting employees, terminating their employment, or reducing their wages due to their protected concerted activities.
What Is Not Considered Protected Concerted Activity?
Although the tent of protected concerted activity for non-union employees is large, some actions and activities fall outside its domain and do not enjoy NLRA protections. Engaging in these activities means that your employer can take disciplinary action against you, including terminating your employment.
One significant exception to the NLRA’s protections is claims made by employees about their employer that are misleading or outright false. These comments are outside the NLRA’s protections and could also subject the employees who make them to legal liability.
Suppose you demand that your employer raise your and your fellow employees’ wages or give you all a better work environment, but your employer refuses.
If you, either individually or with other employees, were to go to the media and make false statements about your employer and their business practices, the NLRA would not provide you any protection from discipline.
In addition, NLRA-protected concerted activities for non-union employees do not extend to government workers, agricultural workers, independent contractors, and supervisors.
Suppose you fall into one of these categories. In that case, your employer or the person with whom you have contracted can take disciplinary action against you for gathering with other employees to organize, address wages, or argue for improved working conditions.
Finding an Employment Lawyer to Help
Although legislation like the NLRA and unions are intended to reduce the power disparity between employers and their workers, you and your fellow employees can still feel intimidated by your employer. Because your employer controls your pay and working conditions, you may feel you have no rights.
Moreover, even if you know the rights that the NLRA and other legislation afford you, some employers need to be made aware of these laws. Other employers deliberately ignore these laws and their obligation to respect them, and they may feel confident that you and other employees will take no action to assert your rights.
In these and similar situations, having an experienced and tough employment lawyer on your side can give you the courage and resources you need to assert your rights. Your attorney can bring legal action and file complaints against your employer for illegal practices and unlawful retaliation taken against you.
You may have a case if you believe your employer has violated your workplace rights or has taken some adverse action against you because of concerted activities undertaken with other employees.
Speak with Wenzel Fenton Cabassa P.A. about your situation, and we will advise you of your rights and how to safeguard them. We have decades of experience fighting for employees in complex employment law disputes, including violations of the NLRA. Contact us today.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Guide to the FMLA and Pregnancy: Your Maternity Leave Rights
Bringing children into the world is an incredible time in our lives. But when it comes to taking time off from work, the FMLA pregnancy guidelines can be complicated. It is important to know your rights when it comes to pregnancy leave. Not only for you and your family’s personal needs but also to ensure that your rights as an employee are being protected— and honored by your employer.
It is not uncommon for employers to cause problems for female employees who become pregnant. They may harass, discriminate, or even fire you for taking leave. FMLA pregnancy leave was set up by the federal government to protect workers. It allows women and families to take the time they need and legally protects you from actions by the employer which may interfere with your exercise of these rights, retaliation by the employer and establishes your right to return to work at the expiration of your leave.

FMLA Pregnancy Guidelines and FAQs
Here are important FMLA guidelines for pregnancy, and some of the most common questions Florida employees ask:
How does FMLA work for pregnancy?
The FMLA, the Family & Medical Leave Act, is federal legislation that covers eligible employees who work for a company with 50 or more employers in a 75-mile radius. Eligible employees can take maternity leave for pregnancy or parenting if they have worked for the employer for at least one year, and for at least 1,250 hours in that year before taking maternity leave. The FMLA gives you the right to take leave without losing your job.
You also have the right not to be discriminated because you are pregnant. This includes harassment from your boss or other management, other employers, or even customers. Types of harassment pregnant women could experience include frequent insults, offensive jokes, or even physical threats.
How long can you take FMLA for pregnancy?
The FMLA pregnancy guidelines give you up to 12 weeks of leave per year for pregnancy and taking care of your child. When you come back to work, you have the right to go back to an equivalent position to the one you had before you took time off —with virtually identical pay, benefits, and any other perks.
Does FMLA pay for maternity leave?
Under the FMLA rules, you are guaranteed your job when you return (provided you return before exceeding the FMLA leave period), but your leave is not paid. But, you can be required to use any vacation time or sick time you have saved up while on FMLA leave.
Can I Take FMLA for my pregnant daughter?
The FMLA covers leave required by a family member to take care of another family member, such as caring for a pregnant daughter, only under certain circumstances. The daughter must be incapable of self-care due to a disability — and a parent must be needed to take care of her due to a serious health condition. Certain pregnancy-related issues may be classified as a disability if they substantially limit a significant life activity. The fact your daughter is pregnant standing alone will not necessarily trigger the protections of the FMLA. On a related issue- caring for the newborn after she delivers (grandparent leave) is not strictly covered under the FMLA but there are exceptions if you are the primary caretaker for the child essentially standing in the shoes of a parent or your assistance with the child is in effect an extension of caring for your own child. These are complicated issues and you should not assume as a grandparent the entitlement to leave is a clear-cut issue.
What are the FMLA forms for pregnancy?
There is a step-by-step process to apply and get approved for FMLA pregnancy leave. Depending on your particular situation, you will need different forms (military, serious health condition, etc.). Typically, the first step is a form to notify your employer of the impending leave which should be given at least 30 days prior to the expected time off.
We have a list of Family and Medical Leave Act forms, including the Health Care Provider Certification Form and the Certification of Qualifying Exigency for Military Leave Form. The failure by an employee to timely submit completed forms may be fatal to your entitlement to leave.
Have your maternity leave rights been violated in regards to FMLA and pregnancy?
The FMLA designates certain rights to pregnant women. Unfortunately, it is not uncommon for employers to take actions that violate the FMLA pregnancy leave rules. Have you been fired for getting pregnant? Did your wages get docked or were you demoted to a lower position after you came back from maternity leave?
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If these difficult situations have happened to you, Wenzel, Fenton, Cabassa P.A. is here to fight for your employee rights. You should be able to have a family and a career at the same time, and not have to deal with losing a job, discrimination, demotion, or other issues that may come up in the workplace after you get pregnant.
Contact us today for your free, confidential case evaluation for assistance with any issues with your employer in regards to FMLA and pregnancy. We are dedicated to helping women and their families across Florida with locations in Tampa, Orlando, Miami, Sarasota, St. Petersburg and, West Palm Beach, and Jacksonville.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Guide to Understanding the Policy of Non-Retaliation
Have you previously faced retaliatory behavior or think you are currently being retaliated against in the workplace?
Employees have strong protections against retaliation and discrimination – and should be informed of their rights. Non-retaliation policies are in place to safeguard employees from retaliation after reporting a violation of company conduct or applicable law. These policies include protections whether you have made a report about an employer or a coworker. Know that in either circumstance, you should never face retaliation in the workplace.
What is the Purpose of the Non-Retaliation Policy?
When considering “What is the policy of non-retaliation?” it is necessary to talk about its purpose. These policies are developed to ensure that the business and its employees abide by state and federal laws prohibiting retaliation. This means that the non-retaliation policies intend to help prevent various retaliatory behavior, such as termination.
Termination and other actions to punish individuals after reporting an employer or coworker for a violation are wrong and illegal. The Equal Employment Opportunity Commission (EEOC) is the U.S. government agency that administers laws against retaliation. EEOC laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination, including harassment.
The State of Florida also has rules that cover workers across industries to keep them safe from various types of retaliatory behavior that amounts to discrimination or harassment. Some types of
retaliatory behavior can be straightforward, such as termination, but others can be less tangible, such as victimization. Non-retaliation policies also cover these less tangible offenses.
The purpose of the non-retaliation policy is to not discourage people from reporting violations in
the workplace. They are meant to promote on-the-job safety and ethical and lawful business practices and give employees the protections they need when individuals or companies are taking unlawful actions.
What is Retaliatory Behavior?
Retaliatory behavior includes a wide array of actions that an employer could take against an employee for reporting a violation. Has one of these types of retaliatory behaviors happened to you?

Demotion
Termination
Decreased wage
Victimization
Exclusion from events
Unfair work assessments

Some of these are direct and easy to understand, such as demotions, terminations, decreases in wages, and unfair work assessments. But others are often less tangible, such as victimization and exclusion from events.
For clarity, victimization may occur in different ways. This includes a refusal to promote an employee. Other types of victimization may include denying information, equipment, or benefits provided to others performing the same job duties. Exclusion from events may include such retaliatory behavior as not allowing or inviting an individual to departmental or company meetings, not allowing an individual to take training that is important for promotional purposes that are provided to others that perform the same job duties, or not letting an individual go to industry events outside of the workplace that others that perform the same job tasks are allowed to attend.
These retaliatory actions can have varying negative consequences for the individual being retaliated against and their families. They can cause financial difficulty, interruptions or damage to careers, and personal effects that may negatively impact workers and their families.
What Activities Are Protected from Retaliation?
A crucial element that needs to be understood when asking the question, “What is the policy of non-retaliation?” is the activities that are protected under policies and the law. Here is an overview of activities that are protected from retaliation:
Reporting Harassment
Harassment in the workplace is a violation of Title VII of the Civil Rights Act and the Florida Civil Rights Act and should never be tolerated. Individuals are protected from retaliation if they report it. Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history).
According to the EEOC, harassment becomes unlawful when,

Enduring the offensive conduct becomes a condition of continued employment or
The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Requesting Accommodation
TheAmericans with DisabilitiesAct (ADA) mandates that those who qualify under the Act can lawfully request reasonable accommodations in the workplace. If someone requests an accommodation, they are protected against retaliation.
Requests for accommodation(s) may include:

Physical changes – such as installing a ramp or modifying a restroom
Accessible and assistive technologies – such as providing screen reader software
Accessible communications – such as making communications available in Braille or large print
Policy enhancements – such as modifying a policy to allow a service animal in a business setting

Declining Sexual Advances
The workplace should be safe for everyone. Individuals are protected through Title VII of the Civil Rights Act from retaliation at work if they decline sexual advances from a boss, coworker, or other individuals on the job. The Florida Civil Rights Act also protects employees across the state.
Examples of types of sexual advances you are allowed to decline without fearing retaliation may
include:

Sexual propositions or repeated requests for dates

Inappropriate touching, such as patting, grabbing, pinching, or fondling

Obscene jokes, sexual innuendos, or offensive pictures

Graphic sexual comments about your body

If any of the above situations have happened to you, know that you have the right to say no at any time and to anyone.
Answering Questions Honestly During an Employee Investigation 
If you are a whistleblower or another employee with knowledge related to an employee investigation, you should be able to answer questions honestly and without fear of punishment. You are protected by Florida’s Private Whistleblower Act and federal laws. Know that your employer is not allowed to retaliate against you. If so, they risk facing fines and other penalties, including potential lawsuits. These consequences would apply to all types of retaliation.
Refusing to Follow Illegal Orders
Similar to the above situation, individuals who
refuse to follow unlawful orders in the workplace are protected by state and federal whistleblower laws and other laws against retaliation. Illegal and dangerous activity at work happens more than many people think. But employees can refuse these orders from their managers, bosses, or others.
These actions listed above are all essential components of your employee rights. When retaliatory behaviors are off the table, people can feel more comfortable reporting violations.
Examples of Behavior Protected by Non-Retaliation Policies
Specific examples can be beneficial to fully understand, “What is the policy of non-retaliation?”
Non-retaliation policy example 1:
A supervisor at a financial services firm frequently visits the office of an account manager on his team. He goes behind her desk and rubs her shoulders, asking her inappropriate questions of a sexual nature about her dating life. She refuses to engage with him in that type of situation and conversation and asks him to leave. He tells her, “I’m just teasing you,” and finally leaves the office. He does this at least once weekly, making the account manager uncomfortable. She becomes very anxious even just to come to work. She feels unsafe and decides to go to human resources to report what is happening.
Non-retaliation policy example 2:
An employee in the receiving department of a big box home improvement store is called to clean up spills of hazardous materials when they occur across the store. This situation happens at least several times per week, from bottles of pesticide in the indoor garden department to various products containing chemicals in the paint department. Specific safety protocols exist for the disposal of hazardous materials. The department head instructs the employee at least a couple of times each week to “Just throw it in the dumpster! We have too much else to do.” The employee at first does what he is told but becomes very concerned about this and goes to the store manager to report what is happening with his department head and the hazardous materials.
These examples provide insight into the types of actions that employees may face at work and behaviors that are protected by non-retaliation policies. However, there are many situations in which an employee would be protected. Even if retaliation does occur, there are remedies to illegal behavior. For an employer to be held accountable, the elements of retaliation need to be proven.
What Are the Three Elements of Retaliation?
Do you know how to prove retaliation at work? Three elements of retaliation need to be present.
The three elements of retaliation are:

ProtectedActivity — this includes the behaviors discussed in the section above. A policy must be in place to invoke non-retaliation.

Adverse Action – includes the behaviors discussed in the retaliatory behavior section above. The adverse action must be proven to be retaliatory behavior.

Connection — this means precisely what it says: a relationship between the adverse Action and the protected activity must be proven. If these three elements exist and are proven, an individual can successfully win a case against their employer. The more related documentation and evidence an individual has, the stronger the case can be. It is essential to gather anything you have, such as dates, who was involved, what happened, and any related materials or media to the situation.

When to Consult with a Non-Retaliation Attorney
Retaliation can severely affect employees across various aspects of their lives, from financial stability to success in their chosen career and even personally. This retaliation can cause not only short-term difficulties in the immediate future but can also make an impact for a long time. No one should have to face retaliatory actions alone.
An employment attorney can help to prove a connection between an adverse action and a protected activity — which can otherwise be difficult. Each situation is different and can often be very complex. A lawyer can advise you on how best to deal with your current retaliation situation.
At Wenzel Fenton Cabassa, P.A., we are experienced, dedicated employee rights attorneys who have worked with many people across the state to hold their employers accountable for unlawful actions. When employees want workplace justice, they call us. We’re the employee’s law firm— a tireless legal team fighting for your rights.
Are you experiencing retaliation for speaking up? With a workplace retaliation lawyer, you have a strong advocate for your rights. Contact us today to set up a free case evaluation. Your employer has legal representation, and you deserve to have a passionate, experienced Florida workplace retaliation lawyer in your corner to take them head-on.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Halliburton must pay back Millions in Unpaid Overtime Wages
Oilfield and Fracking Giant Agrees to Pay Unpaid Overtime Wages
In September, the U. S. Department of Labor made an announcement on the case of Halliburton, the oilfield and fracking corporation, and missing unpaid overtime wages. Halliburton was ordered to pay back a total of 18 million dollars in unpaid overtime, and the company agreed.
Over 1,000 workers in several states including Pennsylvania were left without proper pay for the number of overtime hours worked. The Department of Labor made a statement regarding the case in a news release naming it, “one of the largest recoveries of overtime wages in recent years for the U.S. Department of Labor, oil and gas service provider.” In addition, “Halliburton, has agreed to pay $18,293,557 to 1,016 employees nationwide.”
This information was discovered after an ongoing and multi-year compliance initiative for the gas and oil industry of the Southwest and Northeast found inconsistencies with the company’s employee classification of overtime wage exemption.
What were the main issues leading to unpaid wages?
Employee Misclassification Leads to Unpaid Overtime Wages
After an investigation, it was found that Halliburton had listed “28 job positions as exempt from overtime. The company did not pay overtime to these salaried employees — working as field service representatives, pipe recovery specialists, drilling tech advisors, perforating specialists and reliability tech specialists — when they worked more than 40 hours in a workweek, in violation of the Fair Labor Standards Act.” More was also mentioned on how inaccurate records of employee hours had been recorded.
Spokesperson for Halliburton Susie McMichael stated in an email that the company caught this employee misclassification issue and reported it to the government upon discovery in a “self-audit” that was originally intended for business compliance.
What Qualifies an Employee as Overtime Exempt?
It’s important to understand that not all salary positions and employees are exempt from overtime wages. This type of “employee misclassification” is becoming more increasingly common from an employment law perspective. There are some exceptions set by FLSA which stipulate conditions that allow employees to be classified as exempt from overtime wages.
Overtime exempt positions include salary employment such as executive, administrative, and professional roles in the workplace. Such positions are considered “white collar” jobs that require additional responsibilities, skills, and/or expertise. More importantly, to be classified as exempt from overtime wages, an employee must perform these duties as their primary responsibilities in the workplace.
There are more guidelines set by FLSA to help determine whether or not an employee is exempt. According to the Department of Labor, “[t]o qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week.” This rule is soon to change from “$455” per week to “$970” per week under a new overtime exemption rule set by the Obama administration.
This particular issue of employee misclassification is among the most common FLSA violations for employees of the oil and gas industries. This is because it may be unclear, and companies have a tendency to lean toward exempt from overtime wages when it helps them save on the total cost of payroll in the long run. In this case, the misclassified employee loses hard-earned money.
Do you believe you or someone you know is owed unpaid overtime wages?
Let the employment law attorneys at Wenzel Fenton Cabassa, P.A. help you with your case. We are steadfast advocates for misclassified employees collecting unpaid overtime wages. Contact us for a free case evaluation.
 

SOURCES:
Halliburton Agrees to Pay Back 18M in Overtime

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Halloween in the Workplace: How to Protect Your Employee Rights
Halloween at work can be a tricky and difficult time. Employers will often throw parties to celebrate this festive, spooky time of year, thinking that it can help with morale and team building. But Halloween in the workplace is unique from other company events in that it can set the stage for sexual harassment and discrimination in the workplace, among other violations of employee rights.
It is important to be informed about what can happen to maintain Halloween work safety. This does not mean you cannot participate in the festivities, but it does serve as a call to attention about what can happen and what to look out for when parties get out of hand. Know your rights and stay protected.
 
Know Your Rights Regarding Sexual Harassment at Halloween Parties
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The atmosphere of Halloween at work can be a lot of fun — but that fun can go too far and sometimes lead to sexual harassment. When the time comes for the party, people dress up in all types of costumes — from sexy to scary to silly, and everything in between. Coworkers or bosses may feel emboldened to do things they should not do whether or not the party has an open bar or even just a bowl of fruit punch.
Women are particularly vulnerable to sexual harassment at Halloween parties, but men can get harassed too. Here are a couple of scenarios that could violate your employee rights and amount to sexual harassment in the workplace.
Scenario #1:
A female employee comes to a workplace Halloween party dressed up as Catwoman in a tight, black, costume. She is enjoying herself and talking to two coworkers while eating a few snacks. Her direct supervisor comes over to join the conversation and pushes his way between her and the person next to her. After several minutes of glaring at her in the costume, he reaches behind her and rubs her backside without her permission and says while he is laughing, “What is Catwoman going to do now?”
This is a blatant violation of her workplace rights and should never be tolerated. Unsolicited and unwanted behavior of a sexual nature during Halloween at work is covered under Title VII employment discrimination claims. If something of this nature has happened to you, you may have a case.
Scenario #2:
A male employee comes to a workplace Halloween party dressed up as Superman with the full costume, including tight spandex. He has several cocktails and is sitting by himself, smiling, looking around the room. His manager comes over and sits by him, leering at him and making him uncomfortable. She says to him, “I want to see what is under that costume. If you don’t show me, I’m not going to give you that bonus you’re expecting.”
This is also a blatant violation of workplace rights and can create an intimidating, hostile work environment. If the manager follows up with her threat or if he goes to human resources and complains and then gets fired — that could also constitute workplace retaliation. Workplace retaliation is not only illegal, but it can also cause lasting damage to an employee’s career. If any of the above situations sound familiar (or something similar), you should consult with an >employee rights attorney. We offer free, confidential case evaluations to help you determine the best legal decisions moving forward.
 
Know Your Rights Regarding Discrimination at Halloween Parties
Discrimination in the workplace is another area of employee rights that people should be aware of at Halloween parties. There are several types of discrimination, from racial discrimination to religious discrimination that may occur during Halloween in the workplace, which is also unacceptable and should never be tolerated. Here are two scenarios that serve as examples for you to be aware of your rights:
 
Scenario #1:
A Caucasian male employee comes to the party dressed up as a rapper and has placed very dark makeup on his face. This is offensive and makes several African-American co-workers present very uncomfortable and upset. A situation like this can create a hostile work environment and can amount to workplace discrimination.
Scenario #2:
A Caucasian male employee comes to the Halloween party dressed up as Hitler in full uniform and performing the “Heil, Hitler” salute. This is offensive and makes several Jewish co-workers present very uncomfortable and upset. This, along with any other hate group affiliated figure such as a member of the KKK, should never be tolerated at Halloween in the workplace. It can create a hostile work environment and can also amount to workplace discrimination.

A Focus on Halloween Work Safety from Wenzel Fenton Cabassa, P.A.
At Wenzel Fenton Cabassa, P.A., we are here to inform you and protect you when it comes to employee rights and Halloween work safety. Halloween should be a fun time for all, but it can quickly get out of hand, and your workplace rights can be violated.
The scenarios above cover several instances of what could happen that may amount to sexual harassment or discrimination in the workplace. Either of these could also lead to workplace retaliation for those who attempt to report the actions to human resources or other company officials. Our employment lawyers place a focus on Halloween work safety and are here for you when it comes to violations of your rights during Halloween.
If you have been the subject of discrimination, harassment, or retaliation in the workplace, we would like to speak with you. We fight hard for worker’s rights across all types of employment law, including racial, age, religious, pregnancy, sex and gender, and disability discrimination as well as retaliation or harassment.
Contact Wenzel Fenton Cabassa, P.A., to set up a free, confidential case evaluation. We are experienced, expert employment lawyers that work hard each day to hold those accountable for egregious behavior.
With offices across Florida in Tampa, Orlando, Miami, Sarasota, St. Petersburg, and Jacksonville, we have helped thousands of workers just like you hold people accountable for their unlawful behavior and get the justice they deserve.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Have you Been 1099d? Issues with Employee Misclassification Continue to Grow
Federal authorities work to curb growing problem of employee misclassification
The United States is undergoing a shift in the way business operates. Some call it the rise of the “1099 economy,” named for the tax form freelancers receive.
Instead of classifying their workers as traditional “employees,” companies such as Uber, Lyft, and Homejoy have classified their workforce as “independent contractors.” Many companies find they can profit from this strategy, as it can be a way to evade labor laws and worker benefits, such as having to pay unemployment insurance, Social Security benefits, and minimum wage.
But just because these companies say they are employing independent contractors doesn’t mean it’s so. Courts often look to other factors, including whether the employer had control over the worker, the skill required, the duration of the relationship, the extent of the worker’s discretion over when and how long to work, and the payment relationship
According to the Internal Revenue Service, “anyone who performs services for you is your employee if you can control what will be done and how it will be done.”
Two recent decisions weigh in favor of employees:
For one, on July 15, the U.S. Department of Labor’s Wage and Hour Division issued an Administrator’s Interpretation meant to curb the misclassification of employees as independent contractors. Most workers are considered employees — not contractors — under the Fair Labor Standards Act, which mandates a minimum wage, overtime, and other provisions, the department stated.
When classifying, the ultimate question is whether the worker is “economically dependent on the employer or truly in business for him or herself, the department declared.
Secondly, FedEx recently settled a lawsuit on this issue for $228 million. That suit claimed FedEx did not properly pay or give benefits to 2,300 drivers in California by improperly classifying them as independent contractors.
That case could be bad news for other companies like Uber and Lyft but good news for employees who may find they need the benefits that employees are entitled to, such as workers’ compensation.
Employees are entitled to minimum wages and overtime pay, per the Fair Labor Standards Act. They get compensation for workplace injuries through workers’ compensation. And they are protected against discrimination via state and federal laws. They also can join a union and collectively bargain. Many get health care and other benefits.
Recently, an Uber driver based in Miami was classified by a Florida agency as an “employee” of the ride-sharing company. According to the Miami Herald, driver Darrin McGillis filed an unemployment claim, and the Florida Department of Economic Opportunity determined that he was indeed an employee, not an independent contractor.
Still, many are focused on the bigger issue: Policy reform that restores corporate responsibility for workers. The National Employment Law Project has made employee misclassification the center of one of its campaigns. And recently, Massachusetts Sen. Elizabeth Warren responded to a BuzzFeed News reporter’s question about whether contract workers for on-demand services such as Uber and Lyft should be classified as employees.
While she didn’t answer the question directly, according to BuzzFeed News, she said: “I think there is evidence that increasingly employers use independent contractors not in ways that were originally intended, but in ways that let them treat employment laws differently than they otherwise would be responsible for.
I think that’s a real problem and I think the Department of Labor is looking into this and I think they’re right to do that.”
Lots of money is at stake. An article on Fortune.com points out the connection between the “on-demand” economy and corporate wealth:
These companies “have adopted business models that pass the costs of doing business onto workers themselves and move the wealth their service provides upwards. The on-demand economy has already created its share of billionaires — Uber’s co-founders are worth around $5 billion each, while those who drive for Uber receive meager pay.”
The attorneys at Wenzel Fenton Cabassa, P.A. are experienced in handling minimum wage violations and other issues stemming from employee misclassification, and they are up-to-date on the latest court decisions on this constantly evolving topic.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Have You Been Discriminated Against at Work? How to Report It & File a Claim
Employees have the right to have a safe, discrimination-free workplace. Unfortunately, thousands of people each year are targeted on the job. Do you know how to file a discrimination lawsuit? The employment laws protect workers from different types of discrimination, but there are certain processes that need to be followed when filing an employment discrimination complaint.
How to File a Discrimination Lawsuit
The Equal Employment Opportunity Commission (EEOC) is the federal agency in charge of administrating various national employment laws, including ones that protect employees from discrimination. An EEOC complaint must be filed prior to pursuing a discrimination lawsuit against your employer.
Do Not Delay Your Filing
It is important to note that there are certain timelines that need to be followed when filing an employment discrimination complaint. According to the EEOC, in Florida, you need to file a charge within 300 calendar days from the day the discrimination took place. Many states across the country also have their own laws that will allow an extension of that 300 days. The Florida Commission on Human Relations (FCHR) does allow up to 365 days for filing an employment discrimination complaint, but it is advised to file the claim as soon as possible.
Filing an EEOC Complaint
The EEOC allows employees several different ways to file a discrimination claim against an employer. These include:

Online — through the EEOC’s public portal
In-person — at a local EEOC field office
By telephone — get the process started then file a claim later if the situation covered by the law
By mail — ensuring all appropriate information is included

In filing an employment discrimination complaint, providing as much detail as possible of the situation will strengthen your claim and discrimination lawsuit. An employee rights lawyer works with various types of claims including, race, sex, religion, pregnancy, age, and disability discrimination, and has experience in filing EEOC complaints.
What Information Do You Need?
There are many types of information that can be provided for filing a discrimination complaint.
This can include:

Documentation of illegal behavior such as harassing language — including dates, times, what was said directly to you (or communicated by phone or electronically), and names of any witnesses that were present at the time
Any performance evaluations and company human resource policies and handbooks, and applications for promotions
Pay stubs and schedules
Copies of any offensive jokes, stories, or comments that were sent to you via email, text messages, apps, or hard copy

Even if you do not have some or all of these, you may still have a valid case. Consulting with an employee rights attorney is advised. You may have a stronger case than you think.
What Happens Next?
Once the EEOC complaint is filed, an investigation will be performed. They may request additional information and documentation. If the EEOC cannot resolve the claim, you will have a period of 90 days to file a discrimination lawsuit against your employer once the EEOC issues a right to sue letter.
EEOC Mediation
In many cases, mediation can occur during the EEOC process. An employment attorney can speed up the frequently slow process and maximize the recovery for the discrimination claim. The primary goal of mediation is to come to a resolution between the two parties. The mediation process requires skill and employment law knowledge to achieve an optimum outcome.
Relief and Remunerations for Employees
Depending on your particular claim or lawsuit, employees that have a proven claim or case of discrimination may receive:

Lost wages
Compensatory damages
Back pay
Damages for mental anguish, loss of dignity, or other intangible injuries
Punitive damages up to $100,000

Courts may also issue a specific order prohibiting the discriminatory practice by the employer that occurred in your case, protecting other employees from the practice in the future.
Relief and remuneration can vary widely on a case by case basis. Understanding how to file a discrimination lawsuit that is comprehensive and forceful increases the likelihood of an optimum outcome.
Wenzel Fenton Cabassa, P.A. is an employee rights law firm working for justice for employees across Florida that have been discriminated against. We work on a contingency basis, which means that we only charge fees when cases end in favor of our clients.
Contact us today to set up a free case evaluation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Have You Signed Your Employee Rights Away
Protect Your Employee Rights Before Entering into Arbitration
There’s a disturbing trend occurring with employee rights. Employees are signing away their rights to a court hearing in favor of arbitration, largely because they don’t understand the ramifications of doing so.
Have you signed away your employee rights? Here’s what that could mean:
What is Arbitration?
Before going into how this is happening, it’s important to discuss why arbitration benefits the employer, not the employee. Arbitration is meant to take the burden off of the courts and to keep litigation costs down. Many arbitration agreements even provide that the employer pays the cost of the arbitrator. Sounds like a good deal, right?
Well, not exactly.
In an arbitration, both sides present their claims to an arbitrator whose job is to issue a ruling much like a judge would. While the parties are supposed to have roughly equal bargaining power in a voluntary arbitration, this is seldom the case when an employer and employee square off over things like unpaid overtime.
The arbitrator is often paid by the employer and is generally not as sympathetic to an employee as the jury.
Arbitrations also limit the amount of information each side is allowed to present. Depositions and other discovery tools are limited so it may be harder to dig for the facts and support you need to build your case.
Since employers often have access to the documentation you need, but you do not, this can hurt the employee as well.
Finally, there is a very limited appeals process very different from what you would have in a traditional court case. The arbitrator’s ruling stands.
Have I Signed an Arbitration Agreement?
At first glance, when you’re applying for a job and told you have to sign the paperwork in order to be employed, signing over your employee rights to a day in court before a jury doesn’t seem like a big problem. As long as your case is being heard by someone, why does it matter if it’s a court or an arbitrator?
Arbitration documents can be presented as a stand-alone document or as part of a larger new employee packet. There are no laws requiring companies to call your attention to the agreement buried deep inside the new-hire forms, nor does it have to be a separate document. If employees are not careful they could sign it without understanding the ramifications of doing so. Admitting you didn’t read it will not nullify the document or your signature.
If you’re not sure whether you signed one or not, consult your employee handbook or hiring papers. If you’re still unclear talk to your HR rep.
How Do I Protect Myself?
Never sign a document without fully reading it, even in the case of a lengthy employee handbook. If you don’t understand what it means, ask your employer or seek legal counsel. Also, don’t sign anything stating you’ve read the page if you haven’t.
Can I Refuse to Sign?
If you’re a new employee, or if your employer introduces an arbitration clause and requests everyone signs it, you can refuse. However, an employer can rescind a job offer, or fire an at-will employee (as is the case in Florida) if you refuse to sign.
Refusing to sign could jeopardize your job so tread lightly. Some employers are willing to negotiate the terms but you won’t know unless you bring it up. This type of negotiation raises the red flag for many employers.
Have you signed your employee rights away? Do you need help understanding the arbitration process? Contact employment attorneys Wenzel Fenton Cabassa, P.A., today.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Helpful Tips When Dealing with a Gender Pay Gap
The gender pay gap has been a contested workplace issue for decades. Companies that justify wage discrepancies between men and women often claim it relates directly to prior salaries — meaning women are paid less at a new job because they were paid less at a previous one.
However, courts have ruled that using a man's or a woman’s previous salary as a basis for setting pay violates the 1963 Equal Pay Act, making it illegal to justify unequal wages based on past earnings. Although some states have passed laws prohibiting employers from asking about prior wages during the hiring process, this ruling reinforces that women cannot be paid less than men for performing the same job based on prior salary history.
Additionally, the National Labor Relations Act (NLRA) protects employees’ rights to discuss wages and working conditions openly, a critical tool in exposing and addressing unfair pay practices. The NLRA empowers workers to collectively advocate for equal pay without fear of retaliation, reinforcing legal protections against wage discrimination in the workplace.
What Is the Gender Pay Gap​?
The gender pay gap is between men's and women's average earnings in the workforce. It measures the inequality in pay between genders and can be seen through statistics that show women are paid less than men on average, even though they may hold similar positions or have comparable qualifications.
This gap has been an ongoing issue in many industries, with some studies showing that women earn only 80 cents for every dollar earned by their male counterparts. Furthermore, this gap becomes more pronounced for women of color, with African American and Hispanic women earning even less compared to white men.
EPA Legal Protections Against Pay Discrimination
The Equal Pay Act of 1963 and the recent court ruling provide legal protection against pay discrimination based on gender. According to the Equal Employment Opportunity Commission (EEOC), it is illegal for employers to pay employees differently based on their gender for equal work, skill, effort, and responsibility.
Under the law, employers are prohibited from asking about an employee's previous salary during the hiring process. They cannot use this information as a justification for paying them less than someone of a different gender in the same position. This prevents perpetuating the cycle of unequal pay from one job to another.
Furthermore, if employees believe they are being paid less due to gender, they can reach out to Wenzel Fenton Cabassa P.A. in order to take legal action. Employees must understand their rights and protections under these laws to address pay discrimination effectively.
Dealing with Equal Pay Issues
Understanding that a pay gap exists is the first step, but knowing how to address it is just as important. To advocate for fair compensation, you must determine what you should earn and gather the correct information to support your case.
Determine How Much You Should Be Paid
Understanding your rights is the first step. Next, you will need to: 

Determine how much you should be paid per industry standards
Compare your background, experience, and job duties with those of the person who is being paid more than you
Contact Wenzel Fenton Cabassa P.A. 

Hire an Employment & Labor Law Attorney
If your pay-raise attempts are denied and you genuinely believe you’re being paid less than your male counterpart based on gender, you should seriously consider getting help from an attorney. An employment discrimination attorney, to be specific, can help you out in this instance.
We specialize in cases like yours and know exactly what it takes to build a convincing case. Should you go to court, we can compile ample evidence to show exactly how your pay is unlawfully lower than it should be based on your gender. Our attorneys will evaluate your facts to determine if you have suffered a violation of the Equal Pay Act, and they’ll take the appropriate steps to protect your legal rights to equal pay.
Being paid less just because of your gender is a complex and angering situation to be put in. You deserve equal treatment and pay, and you can get both when you respond to this pay discrepancy in a proactive manner. If you gather evidence, don’t remain quiet, and seek legal counsel when the time is right, you can get justice and pay, which is entirely fair. 
If you are a victim of equal pay discrimination, contact our office today for a free case evaluation. We’ll discuss how we can help you seek justice and explore the possibility of representing you in an equal pay discrimination lawsuit. Take the first step toward protecting your rights. Contact us today.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Hey Floridian! Don’t Count On Getting Your Unemployment Benefits
Florida’s New Multi-Million Dollar Unemployment System Delaying Benefits to the Unemployed

We’ve had to deal with a government shutdown, a debt ceiling crisis and inefficient website dedicated to government-mandated Obamacare.
And now thousands of unemployed Floridians get to experience a delay in their unemployment benefits.
Why? The state’s rollout of a new unemployment benefits system that appears to be creating more frustration for applicants than assistance.
October isn’t getting off to a great start.
New Approach to Filing for Unemployment Benefits
In an effort to make the process of filing for unemployment benefits easier and more efficient to applicants, as well as the state, Governor Rick Scott’s administration has pushed for a new unemployment benefits system – replacing their outdated 40 year-old system.
Additionally, the state has added the following to assist with the filing process,

360 new phone lines
250 additional staff
Additional center hours

That’s a lot of backup to ensure you get what you need.
However, despite the preparation and added costs to meet applicant needs, there have been problems resulting in many applicants becoming frustrated and unable to file claims – delaying their unemployment benefits.
 
A Delay In Your Unemployment Benefits
So, what are the problems?
To start, in order for the site to go live, the initial unemployment benefits system was offline for 1 week – essentially delaying your unemployment benefits by one week.
And now that it’s live? If you ask the administration, with exception to minor hiccups, the overall assessment is the site is functional and meeting the demands of thousands of applicants.
But, if you ask the applicants what the problems are, this is what you’ll hear.

The new website is not recognizing Social Security Number and Pin codes needed for login
Many complain of getting kicked off of the website
Some state that they’re receiving error messages after entering the website and are unable to file their claims
Unemployment payments are inaccurate

Many applicants have become so irate they’ve called the helpline, but have received a busy signal. The next step? They’ve gone down to the unemployment benefits office. But, after waiting hours, many have been told to contact the help number for further assistance.
Is this more efficient?
 
Your Unemployment Benefits Come With A Cost
But, there’s more.
This new system came with a hefty price tag of $63 million dollars – $6.4 million dollars more expensive than originally expected and 10 months late.
With that price tag and wait, it’s no wonder why Floridians are frustrated.
Then there comes the politics.
In 2011, Florida made it mandatory to file for unemployment benefits online – leading to complaints to the U.S. Department of Labor regarding discrimination. Many felt that the new unemployment laws discriminated against people with disabilities and to those who may speak another language.
With all of the controversy surrounding the new unemployment benefits website, we hope that the state continues in their efforts in making the unemployment process easier for applicants, as well as trying to make the process as efficient as possible – benefiting all of those who qualify for unemployment benefits.
If you’ve found yourself wrongfully terminated, contact our office today. Our attorneys are experienced in employment law and offer the insight and support you need to get your professional life back on track.
CONTACT US IF YOU HAVE EXPERIENCED WRONGFUL TERMINATION
Because we are a contingency law firm, we do not offer representation for unemployment claims – nonetheless, the information we have provided, including our free ebook on wrongful termination, should assist you in filing.  However, if your unemployment situation is a result of wrongful termination, unemployment compensation may not be your only recourse. Contact our law firm to discuss your employment law situation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Hillsborough County Wage Theft
Wage theft is a major problem in Hillsborough County – far worse than other parts of Florida, according to a recent report in the Tampa Bay Times.
Wage theft is an illegal practice that happens when employers withhold employees’ earnings – whether it is regular pay, overtime, or benefits.
Hillsborough County Commissioners on Wednesday discussed various ways of battling the problem. Commissioner Kevin Beckner pushed for the county to get involved because, often, people cannot afford to pay a lawyer.
However, at Wenzel Fenton Cabassa, our experienced attorneys take on wage theft cases on a contingency basis – meaning that the firm is paid when there are favorable results.
Also, under Florida Statute 448.08, successful litigants are entitled to reasonable attorney’s fees – which means it’s the opposing party who’s paying.
With this approach, the inability to pay upfront does not stop good claims.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Holiday Pay: How to Prove Unpaid Overtime
The holidays are hectic for many Florida workers. From retail to hospitality and shipping/logistics, as well as other professions, working overtime is common. But all too often, employers do not pay their employees appropriately. Understanding how to prove unpaid overtime is the first step to recovering wages that you are lawfully owed.
Holiday Pay vs. Overtime
Paychecks can be confusing around the holidays. You may think you are due unpaid overtime – but that might not be the case. For example, if you were given eight hours of “holiday pay” for Christmas Eve and were initially scheduled off and had to come in, the hours you worked would not be considered overtime pay. Even if your paycheck says 48 hours, and you only worked 40, those extra eight hours do not qualify for time-and-a-half pay. Overtime pay would only come in if you worked more than forty hours within one week. If you believe you have been denied appropriate wages for working overtime, consult with an unpaid overtime lawyer to determine your best options to recover unpaid overtime.
Know that employers do not have to pay you holiday pay — whether you are working or not. Additionally, even if your workplace has extended hours, such as companies like Target or Walmart often do during the holidays, that does not necessarily mean you should get paid more. But if you do work 40+ hours per week during the holidays, you should get paid appropriately.
Routes to Recover Unpaid Overtime
There are a couple of legal options that can be taken. One is to file a complaint with the Department of Labor’s Wage and Hour Division (WHD). They handle violations of the Fair Labor Standards Act (FLSA), ensuring employers stay compliant with employment laws. The WHD route has limitations which you need to consider before making this important choice. Your overtime lawyer can help you make that decision. You would want to consult with an attorney prior to signing off on any “settlement” reached between the WHD and your employer.
An alternative legal option is to file a case against your employer for unpaid overtime. Because recovering unpaid wages can be quite complicated, it is recommended to partner with an unpaid overtime lawyer for either option. Expertise in wage and hour violations gives you the best opportunity for a positive outcome.
How to Prove Unpaid Overtime
When you are attempting to prove unpaid overtime, you need to provide certain types of information. The complaint process starts with your name, address, name of the company that did not pay you the appropriate wages, and their location. The complaint will also need to include your manager and/or the business owner’s name or the names of other relevant people, the type of work you were doing, the way you were paid (direct deposit, check, etc.), and when you were paid. These are the basics.
If you have check stubs, gather and organize these too. It is not absolutely necessary, but it can also help to strengthen your case. Do you have access to documentation of your schedule/hours worked? This is helpful to have for unpaid overtime claims, too and is a good overall best practice moving forward to ensure your employee rights to fair wages are being upheld.
If you take the WHD route, an investigation is launched after you file a complaint. If the WHD concludes that you are due to unpaid overtime, your employer is compelled to pay you what you are owed. But – it is often more complicated. Many employers will try to fight the decision and will have lawyers of their own leading the way. If you take the private route, your attorney will be there advocating for you, conducting an investigation specific to your concerns and gathering information to support your claim.
Proving an unpaid overtime claim is not simple. That is why having an unpaid overtime lawyer on your side is so important. They have a deep understanding of employment law and are skilled in standing up to bullying, powerful employers.
Do Not Delay Taking Action
All too often, employees wait too long to take action to hold their employer accountable for unpaid overtime. The non-payment of fair, appropriate wages may go on for months, or even into a year or more. This can amount to large sums of unpaid overtime. Do not delay taking action because there are statutes of limitations for filing a claim with your lawyer or filing a complaint with the WHD.
Wenzel Fenton Cabassa, P.A. – Experienced Unpaid Overtime Lawyers
If you have been wondering how to prove unpaid overtime, the experienced lawyers at Wenzel Fenton Cabassa, P.A., can help. We have taken on – and proven – many challenging cases for employees across the state of Florida. We are passionate about standing up for employees’ rights and are with you each step of the process, working diligently and aggressively on your behalf to your right to get paid appropriately for your hard work.
Contact us today to set up a free, confidential case evaluation. When employees want workplace justice, they call us. We are the employee’s law firm— a tireless legal team fighting for your rights.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Hospitality Law
HOW CAN SERVERS AND BARTENDERS HOLD EMPLOYERS ACCOUNTABLE FOR VIOLATING HOSPITALITY LAW?
Are you getting paid what you are legally owed? If you are a server or a bartender, you have rights under hospitality law to get paid a fair wage. It is not uncommon for employers in the hospitality industry to try to increase their profits by not paying employees enough money. A hospitality attorney fights for the rights of servers and bartenders — holding employers accountable for a fair wage under hospitality law.
What are the Hospitality Laws?
The Fair Labor Standards Act (FLSA) was enacted in 1938 to help workers just like you get paid what you are rightfully owed. The United States Department of Labor oversees the compliance of the FLSA. This federal law established guidelines for employers, including minimum wage and overtime eligibility requirements and parameters. Overtime pay, as a standard, is one and a half times the regular rate of pay.
The Tip Credit
In the FLSA, Section 3(m), hospitality law allows for an employer to take what is called a “tip credit.” What that means is that an employer has the right to use a credit that makes up for the difference in what they are paying you to meet the federal standards for minimum wage.
Florida law allows lets employers to take a $3.02/hour tip credit. This means that employers can pay servers and bartenders at a base rate down to $5.23/hour.
If your employer is using a tip credit, there are certain things that all employees under that system should be aware of to honor your employee rights to a fair and lawful wage.  These include:

The amount of employer’s tip credit is not allowed to be more than the actual tips received
The employer cannot make you “tip out” non-tipped staff like managers, cooks, cleaning crew
Employees are legally owed minimum wage where sidework is greater than 20% of your shift
Employers have to explain what the tip credit system is to all affected employees

Laws in the hospitality industry exist to protect tipped employees across Florida and the entire United States.
Why is Hospitality Law Important?
Hospitality law is critical to servers and bartenders because employers try different tactics to make money. That may include skimping on your full wages. Some employers will try various strategies to confuse employees and increase their daily profits. Hospitality law exists to hold employers accountable for their actions and ensure a fair wage for employees.  Just like in other areas of employment law, employees of restaurants and bars deserve to receive what is rightfully theirs.
FAQs About Hospitality Law You Should Know
What could I receive if I win a case?
If you win a case, you can get the unpaid wages you are legally due. Also, there can be penalties applied to employers for breaking the law where you may receive, in total, two times the amount you are owed. The statute of limitations allows you to go back to jobs you have had within the last five years. This can add up to a significant amount of recovered funds for the employee.
Can my manager take my tips?
This, unfortunately, does happen sometimes. But in almost all circumstances — your manager is not allowed to take your tips. There are a few exceptions to this in hospitality law, including when there is a gratuity automatically added for a large party. The laws are complex, so it’s important to talk to a hospitality attorney about your specific circumstances.
What does “side work” include?
These are tasks related to your job that are not directly associated with activities that produce tips. This can include rolling silverware, brewing coffee or tea, cleaning up, and similar activities. Know that your employer can’t make you clock out when performing side work, cleaning, closing, or during slow time periods.
Should I receive minimum wage during opening and closing duties?
Yes. Hospitality law mandates that you are paid at least minimum wage during opening and closing whether or not your total side work exceeds 20% of your shift.
What is an illegal tip pool?
An illegal tip pool is when your manager/employer makes you tip out people who are not working in a typical tipped position. That includes management, the company itself, and even kitchen staff. Some cases even include hostesses.
Contact a Hospitality Attorney Today
A hospitality attorney understands the complexity of labor laws, including the FLSA, and acts as your advocate against employers who do not follow the law. Servers and bartenders have rights just like other employees and deserve to receive a fair wage for their work.
Wenzel Fenton Cabassa, P.A. helps servers and bartenders to get the wages they deserve under federal and state law. We work aggressively on each case to hold employers accountable for illegal behavior — and in the best interest of you and your family.
Contact us today to set up a free, confidential case evaluation. We have locations in Tampa, Orlando, Miami, Sarasota, West Palm Beach, St. Petersburg, and Jacksonville for your convenience.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How Can You Prove Wrongful Termination?
Wrongful termination can have severe consequences on employees and their families. Employers who violate employment law should be held accountable for their egregious actions.
Proving Wrongful Termination
The first step in proving a wrongful termination is to determine the circumstances and facts of your firing. Wrongful termination occurs when someone protected by state or federal law is fired by their employer.
But how do you know if you are protected? Since Florida is an “at-will” state, that means that an employer can fire you for any reason for no reason at all — as long as the reason is not an unlawful reason.
Wrongful termination may result from:

Workers’ Compensation Retaliation Claim Filing
Hostile Work Environments Tolerating Sexual Harassment
Age Discrimination
Race Discrimination
Wage and Hour Disputes
Unpaid Overtime
Whistleblowing
Family and Medical Leave
Pregnancy Discrimination
Religious Discrimination

If you were fired due to one of the above situations, you have the right to file a lawsuit against your employer. Proving wrongful termination takes expertise and skill, but there are certain things you can do in conjunction with an attorney to support a wrongful termination case.
Find and Collect Employment Documentation and Related Materials
Documentation carries a lot of weight in a wrongful termination case. Here are examples of documents and related materials to find and collect:

Employee handbook and employment policies
Personnel file and job evaluations/reviews
Employee contract/agreements or union contracts
Pay stubs and schedules
Memos
Termination notices or written documentation of any verbal conversations regarding you employment status
Related electronic communication such as emails, texts, or voicemails

In addition to these, depending on the situation surrounding your firing, you may have other critical information that can serve as documentation. For example, if you believe you were fired due to discrimination or harassment, details of what actions were taken and what words were said should be documented, including:

who was involved (manager, supervisor, etc.),
what occurred,
when it occurred,
where it occurred, and
if there were any witnesses

If you did not document it when it occurred, it is important to do that as soon as possible with as much detail as you can include.
Relevant media may also be utilized in building a strong case. For example, if your boss was sending you inappropriate images of a sexual nature by text or email, or a supervisor sent offensive images or words that could be considered racist, ageist, ableist, sexist, or discriminatory against your religion – all of these could be relevant.
Document What Happened When You Were Fired
If you have not done this already, it is important to do this as soon as possible. Information that could be helpful includes a detailed timeline of what happened, which is recommended for any reason for wrongful termination. For example, if your boss started complaining about you being pregnant early in a pregnancy, this would be important if you have been fired.
Did you receive a termination letter? Document what happened before its delivery. If you were fired face-to-face or by telephone, document as many details as you can regarding the conversation, including what was said, when, and if other individuals were present when it occurred.
If you do not feel that you have enough documentation and related materials for your case, do not panic. You may have (or have access to) more than you think.
There may be circumstantial evidence that could prove to be particularly useful when building a wrongful termination case. For example, inequity in disciplinary measures. If there are three employees who all have the same sales goals, two male and one female, and all of them miss them every month for a particular quarter, but only the female gets reprimanded – this could strengthen a case of sex discrimination. This is just one example of the many different types of evidence that may be used in a case of wrongful termination.
Contact an Employment Law Attorney
It is advised to consult with an employment law attorney on wrongful termination cases. A claim may need to be filed with the Equal Employment Opportunity Commission (EEOC) before being able to file a lawsuit against your employer. Strict time limits apply which if not met would result in a loss of your claim. An attorney can guide you through the process and act as your legal advocate from the beginning to the end of your case.
Employee rights attorneys are often asked by employees how to prove wrongful termination and have in-depth knowledge, understanding, and skill in employment law to communicate strategy and the step-by-step processes that they take to hold employers accountable.
Contact Wenzel Fenton Cabassa, PA, today for a free case evaluation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### How Changes to the FFCRA Regulations Affect Employees
The Families First Coronavirus Response Act (FFCRA) has provided critical support for employees since it became law on March 18, 2020. The Act expired effective December 31, 2020. However, actions by the employer in 2020 prior to its expiration may have violated the law and remain viable as claims.
Recently, the FFCRA regulations have been revised to address the ongoing needs of employees across the nation. The COVID-19 pandemic has affected millions of workers across multiple industries, and it is important to be aware of what the new FFCRA regulations require covered employers.
Recent Changes in the FFCRA Regulations
The Department of Labor’s Wage and Hour Division (WHD) is the government agency that administers the FFCRA regulations detailing paid sick leave and expanded family and medical leave provisions for U.S. workers.
Changes to the law were announced on September 11, 2020, after a lawsuit was filed by the State of New York in the United States District Court for the Southern District of New York. The District Court ruled that four parts of the temporary rule of the FFCRA were invalid.
The changes to the FFCRA regulations that took effect onSeptember 16, 2020, offer improved benefits to employees. The first part of the changes includes four provisions that were vacated, including 29 CFR 826.20, which required “work availability.” This excluded employees that were currently furloughed from being able to take emergency FMLA leave and emergency paid sick leave.
Many employees were furloughed in 2020, suffering much financial hardship. So, this change alone made many more employees eligible for relief during the pandemic. Other vacated provisions relate to the definition “health care provider,” documentation requirements, and requirements of the use of intermittent leave.
What the Changes to FFCRA Regulations Mean for Employees – and Employee Rights
The wording of the law is complicated and may be difficult to understand for people without a legal background. At Wenzel Fenton Cabassa, P.A., we are passionate about employee rights and want to let you know why these changes are so important.
Basically, the changes to the FFCRA regulations clarify workers’ rights and the responsibilities of employers regarding FFCRA paid leave. The paid leave is meant to help relieve financial burdens on employees and their families – and those who qualify have a right to them.
This temporary rule was in effect until December 31, 2020, and helped the United States combat the workplace effects of COVID-19 by reimbursing American private employers that have fewer than 500 employees. You get paid leavefor specified reasons related to COVID-19 – and your employer gets tax credits to offset the cost. Going forward, an employer may elect to offer paid leave consistent with the FFCRA but are not required to do so. Many employers are offering such leave because they can claim a tax credit for voluntarily providing paid leave.
The details per the Department of Labor FFCRA website:
Up to 80 hours of paid sickleave through the administration of the Emergency Paid Sick Leave Act (EPSLA), part of the FFCRA, if:

the employee or someone the employee is caring for is subject to a government quarantine order or has been advised by a health care provider to self-quarantine;
the employee is experiencing COVID-19 symptoms and is seeking medical attention; or,
the employee is caring for his or her son or daughter whose school or place of care is closed or whose child care provider is unavailable for reasons related to COVID-19

A separate directive, the Emergency Family and Medical Leave Expansion Act (EFMLEA), also part of the FFCRA, required that certain employers provide up to 10 weeks of paid and 2 weeks unpaid emergency family and medical leave to eligible employees. The requirements of this part of the FFCRA are as follows:

the employee needs to care for his or her child whose place of care or school is closed or whose child care provider is unavailable for reasons related to COVID-19

As mentioned above, the amendments to the FFCRA were effective through December 31, 2020.
Wenzel Fenton Cabassa, P.A. – Employment Lawyers
We are experienced in protecting the rights of employees and are dedicated to giving you the latest information relevant to you and your family. New relief may be coming for 2021, and we will keep you informed on your employee rights. We are here for you for any employment law needs you may have regarding family and medical leave or other employee rights issues.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### How Do Lawyers Negotiate Settlements? Guide To Settlement Negotiations.
Settlement negotiation is critical to the outcome of a legal dispute. When lawyers are skilled in the art and strategy of negotiating settlements, individuals who have had their rights violated or have been injured at work are in a strong position to get justice – and compensation. If you believe you may have a case against your employer, it is important to know, “How do lawyers negotiate settlements?”
In this article, we will provide comprehensive information about what a settlement is and the benefits of settlements. We will also answer common questions such as, “How is a settlement paid out?” and “How long do settlements take?” With this information, you will have a solid understanding of settlement negotiation – and how to get the best possible outcome in a case of personal injury at work, wrongful termination, workplace discrimination, or other areas of employee rights.
What is a Settlement?
A settlement is a legal agreement that resolves a dispute between all parties. In employment law, this is typically between an employee and an employer. Settlements serve as a legal resolution to provide people who have been injured and/or had their legal rights violated justice and compensation.
Settlements must be in writing and typically include the following:

An offer – where one party to the case legally promises to complete.
An acceptance – where the other party promises to accept the terms of the offer.
Both parties agree, without coercion, to abide by the tangible offer (and any intangible benefits) included in the settlement agreement.

Why Opt for a Settlement? 

Settlements are a preferred method for many people involved in a legal dispute. They typically take much less time than taking the dispute through the court system. Each party can get a satisfactory resolution to the case. Additionally, with a settlement agreement, the parties benefit from a guaranteed outcome.
For example, say an employee was discriminated against in the workplace. With a settlement, the employee can receive remuneration for the injustice, including funds for lost wages, lost benefits, and potentially additional compensation.
The employer can resolve the case without a long, drawn-out, public court case that can negatively affect their brand and business. They also may have directives to change policies or have other conditions that prevent discrimination from occurring in the future.
With the shorter duration compared to a court case, employers also pay less in legal fees, therefore having an additional incentive to agree to a settlement.
How Long Do Settlements Take in Florida?
The length of time that settlements take depends on the details of the case. Generally speaking, it can take several weeks to months after the first offer is made to get an agreement.
Factors that can influence the timeline include the strength of your case, whether or not you have a lawyer, what you are seeking, and how fast you want to settle.
With the experienced negotiation skills of a lawyer, your timeline will decrease, and your potential outcome will be optimized.
The Art and Strategy of Negotiating Settlements
How do lawyers negotiate settlements? It takes both art and strategy.
Utilizing legal knowledge and negotiating skills, lawyers must tackle multiple elements of a case, from liability to company policies, the extent of damages, and the locale in which the case originates.
Negotiating settlements requires a variety of tactics and strategies depending on the case’s specific details. Lawyers will decide how to approach the case and the best techniques in negotiating with the particular employer. They will also navigate the nuances of communication to obtain the best outcome possible.
Preparation: Key to Successful Negotiation
Preparation is critical. There must first be efforts to thoroughly document, analyze, and understand the full details of the case, including an assessment of the damages and any financial and non-financial losses. Decisions need to be made on the desired terms of the settlement, including the minimum amount and terms you are willing to accept.
With a complete understanding of what happened, thorough evidence, any witnesses or needed expert witnesses, and desired outcomes, lawyers can present and negotiate a solid case to pursue justice.
Understanding the Other Party’s Position
When answering the question, “How do lawyers negotiate settlements?” it is necessary to discuss the importance of understanding the opposing party’s case.
The details of the other party’s case will provide key insights. When these are understood, the strengths and weaknesses will be revealed. Your lawyer’s negotiation tactics can then be utilized to highlight the weaknesses of their case, a powerful negotiation tool that can work to your benefit in the ultimate resolution.
Effective Communication: A Balancing Act
A significant part of a lawyer’s job is about communication. Yes, they need to be experienced communicators, but negotiating a settlement is not successful with bullying tactics. There needs to be a balancing act- part art – and part strategy.
Clear, assertive, yet respectful communication in the negotiation process is essential when seeking optimal outcomes. This approach is the most effective one. If communication with the other party is overly aggressive and disrespectful, reaching a settlement agreement can be exceedingly difficult.
Additionally, if individuals do not have legal counsel, they can be emotional and ineffective in presenting their case. It is understandable to be emotional when you have been injured or had your rights violated, but it is not in your best interest to go it alone.
Crucial Phases of Settlement Negotiation
Settlement negotiation between parties has a standard process, with each phase crucial to reaching a fair agreement.
In employee rights cases, the process begins with a demand letter sent from the employee by their lawyer to the employer. Once the employer receives it, it may take weeks or even months for them to respond. It is common to deny all liability. The back-and-forth often takes some time before a deal is reached, but once both parties agree upon a settlement, the final phase is the payout.
Initial Demand and Counteroffers 

First, the initial demand letter is developed, including details to support the claim. The length will depend on the complexity of the situation.
Some employee rights violations can include multiple claims, such as hostile work environments and race discrimination. The initial demand letter would discuss what occurred, provide evidence, and potentially include witness statements. These details are crucial to proving liability. In unpaid wage claims, the initial demand letter would explain in detail what is owed, backed up by evidence related to the case to prove liability.
Once the initial demand letter is sent, the employer will typically respond with a letter outlining its position and denying liability. This process may go back and forth several times, taking months or more. Having a lawyer for the initial demand and counteroffer phases is crucial. They have the knowledge and experience to understand a fair settlement in your situation. Financial and non-financial factors, including pain and suffering, could be relevant to your case.
You may be able to receive much more in the pursuit of justice for your particular case than your original hope or expectations. Choosing the right lawyer from the beginning is important in achieving the best outcome in a legal dispute.
Settlement Agreement and Payment
Settlement agreements keep disputes out of the lengthy process of going to court. Both parties agree on the settlement after the initial demand and a final counteroffer are accepted. There must be proof of valid consideration from both parties free of coercion, duress, or threat, a mutual agreement to all the terms and legal purposes.
How is a settlement paid out? The terms will include how the settlement will be paid out, which could be paid through a lump sum or structured settlement payments.
How long do settlements take to get paid out? Once the settlement agreement and all terms are finalized, it can take a few weeks to a couple of months or more, depending on your situation.
However, settlement agreements and payouts take much less time than if the case has to go to court.
How Do Lawyers Negotiate Settlements in Different Employment Law Cases?
As mentioned above, employment law cases come in many different types and complexities. The negotiation settlement strategies will be directly associated with the type of case, whether a personal injury in the workplace, wrongful termination, workplace discrimination, or other area of employment law.
Wrongful Termination Cases
In wrongful termination cases, lawyers negotiate for damages, including lost wages, severance pay, and emotional distress. The negotiation strategy will be highly dependent on the details of the case.
Workplace Discrimination Disputes
Workplace discrimination disputes require intense and comprehensive negotiations. Detailed evidence needs to be presented persuasively to achieve justice. Witnesses may be involved. Both monetary and non-monetary aspects are considered when relevant in a settlement agreement.
Contact a Florida Employment Law Attorney to Negotiate Your Settlement
Settlement negotiations are a crucial component in the pursuit of justice in employee rights cases. From detailed preparation to great communication skills – and knowledge of relevant laws – your choice of the right lawyer will lead to the best possible outcomes in a workplace dispute.
Wenzel Fenton Cabassa, P.A. has extensive experience with settlements in employment law cases.
We have Florida lawyers across the state in Tampa, Orlando, Miami, Sarasota, St. Petersburg, Jacksonville, and West Palm Beach.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### How Does Obamacare Affect Small Business Employees?
“It is the single biggest job killer in America.”
“Americans all over this country are suffering because of Obamacare.”
“If we are really serious about stopping Obamacare, we’ll destroy the entire planet.”
All comments made by Sen. Ted Cruz (R-TX) regarding Obamacare in just the last month. And whether you’re listening to the political rhetoric on television or reading about it in an article, these comments are enough to make you seriously question how the Affordable Care Act will affect you.
But, will it really hurt employees working for small businesses?
Let’s take a look.
Obamacare vs. Small Business Jobs
What does the Affordable Care Act require of small businesses? It’s simple.

Companies that employ 50 or more full-time workers — or the equivalent in part-time workers — must provide health-care coverage to all of their full-time employees
Failure to do so will result in the government calculating fine based off of their number of employees – And, that doesn’t begin until 2015

So, what’s the big deal? Well, many believe that forcing these companies to provide healthcare to their employees will result in hours or jobs being cut. They want to prevent employees from being wrongfully terminated.
A valid concern, but the so-called “catastrophe” that will result from Obamacare is mere propaganda in the eyes of many economists.
Why?
Because only 3 percent of small business actually have more than 50 employees, allowing for approximately 97 percent of small businessto become exempt from the Affordable Care Act’s mandates.
And, it would appear that many politicians and others who appose Obamacare are using reports generated by the Congressional Budget Office in 2010 to argue that employees of small business will work less. However, it would appear their reason for opposition has been misguided.
Although the economists’ stand by their findings, their calculations found that the individuals “want” to work after receiving benefits would be affected, not the employers demand for labor.
Benefits of Obamacare to the Uninsured
When it comes down to it, The Affordable Care Act was designed and signed into law to benefit those who are uninsured. If you’re insured either through your company or have Medicaid, there is no need to worry.
With affordable health insurance available, you’re given the option to purchase if you’re not insured or if you want to change coverage. You won’t feel obligated to stay in a job you hate merely because of the benefits.
If you’ve found yourself unemployed or wrongfully terminated, you don’t have to worry about getting sick and not being able to seek help.
Don’t let everything you hear about Obamacare scare you. There are benefits to this health care act that will benefit not only small business, but uninsured people throughout the U.S..
And, we also understand the concerns employees face. So, if you’ve found yourself wrongfully terminated or discriminated against in the workplace, contact us today. We’ll schedule a free case evaluation and get you back on your feet.
**Photo courtesy of Ted Cruz Republican for US Senate campaign.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### How Does Severance Pay Work in Florida?
Have you been permanently laid off or terminated from your job, or do you think it will happen in the near future? If so, you probably have multiple questions, such as:

“Will I receive severance pay?”
“How does severance pay work?”
“When is severance paid out?”
“How much severance should I expect to get?”

When losing your job, it is important to understand how severance pay works, if you are eligible, and if you possibly have a case against your former employer.
Understanding How Severance Pay Works
Severance pay is offered in a variety of ways. Some employers will offer severance to workers in a lump sum, others choose to send it in a series of severance checks, and other alternatives may include a continuation of certain benefits that you had while you were employed or other forms of payment.
Just because you are permanently laid off or fired, that does not mean you will automatically receive a severance package. There is no requirement in the Fair Labor Standards Act (FLSA) for severance pay, and some employers will offer it – others will not.
Who Is Eligible for Severance Pay?
It is always difficult to lose a job, and severance pay serves to help offset the lost wages due to layoffs or terminations that were not based on performance, or in some circumstances to resolve outstanding issues or claims between an employee and the employer. Circumstances that are typical for the offering of severance include organizations that are “downsizing” or “restructuring” to save money or due to a reduction in business or profits.
When there are mass layoffs, employees have some protections under federal law. The Worker Adjustment and Retraining Notification (WARN) Act is in place to protect employees of medium to large-sized businesses – those with 100 employees or more. It requires those employers to give their workers at least a 60-day notice before a mass layoff or plant closing. Employees of these companies are entitled to 60 days of pay under the WARN Act if the company does not give the legally required notice.
Some companies have specific policies for severance, which could include certain conditions for payment to employees, and may range from how the severance is paid out, what groups may qualify (such as salaried or hourly workers), and/or the right to modify an agreement.
If you have an employment contract or a collective bargaining agreement that was negotiated by a union, severance pay may be part of those types of contracts.
How Much Severance Pay Should I Get?
Common questions about severance pay are how much you will get and when severance is paid out.
Often, the total amount will be connected to the length of time the employee was with the company before the termination or layoff. There is no definitive standard, and the amount that is paid often varies by industry. Generally speaking, if you haven’t been with the company for a very long time, there will not be much, if any, severance. Typical ranges include:

Less than 1 year = between 2 to 4 weeks of pay
Less than 2 years = between 3 to 8 weeks of pay
Less than 3 years = between 4 to 12 weeks of pay
Less than 4 years = between 5 to 16 weeks of pay
Less than 5 years = between 6 to 20 weeks of pay
Less than 6 years = between 7 to 24 weeks of pay
More than 6 years = between 8 to 28 weeks of pay

As you can see, there are wide ranges of severance pay. Additionally, there are other factors to consider. If you are offered a lump sum payment, which is the full severance all at once, you may have to pay increased taxes because it could place you in a higher income bracket. An employer may also stop any benefits you had (such as health insurance) when a lump sum payment is accepted. It may be in your best interests to delay some of the severance pay to get the most out of your package. However, “salary continuation” plans carry other risks and must be carefully evaluated if options are, in fact, offered to you.
An employment lawyer can aggressively negotiate with the company — and you may be entitled to more than you think, depending on your length of service.
Why Some Companies Offer Severance and Others Do Not
Companies take different approaches to severance pay. It is often used to create a smooth transition for their business. They are not necessarily doing it to be nice; they are often just looking at the bottom line. Some companies will not have a policy for severance, period. Or it may be in their policy that severance may be available on a case-by-case basis.
Depending on your length of service and employment record, you may be able to negotiate severance even if your employee is not officially offering you (or other co-workers) a severance package.
There will often be conditions listed in severance packages, such as requiring the employee to not say anything disparaging about the company, requiring a release of all potential claims so the employee may not pursue legal action, or limiting your ability to work for competitors.
One of the most important things to understand is that you do not have to accept what is initially offered to you in a severance package. Also, even if you are not directly offered one — that does not automatically mean you cannot receive one.
What Should I Do If I Do Not Receive My Severance Pay?
If you have not received your severance pay or are currently being offered a severance package, it is advisable to consult with an employee rights attorney. Lawyers specializing in employment law have the knowledge, skills, and abilities to lead as your advocate in negotiations for a fair severance package.
When facing the challenges of a mass layoff or other situation with severance pay, you do not have to deal with your employer on your own. This time of transition to the next path in your career is crucial. Wenzel Fenton Cabassa, P.A. is here to help you get the best outcome possible for your severance package. Contact us today to schedule a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How Employers Discriminate Against Pregnant Women
It doesn’t take a law degree to know that getting terminated from your job based merely on announcing your pregnancy is wrong. That situation has the potential for discrimination. If your company is larger than fifteen people, your rights are protected by the Pregnancy Discrimination Act (PDA). However, termination is not the only way pregnant women are discriminated against.
There are other ways your employer could be discriminating against you if you’re pregnant. Because these subtle ways are less obvious, many women don’t even realize it’s discrimination. They include:
Refusing to Hire
An employer cannot refuse to hire a woman based on the fact that she is pregnant as long as she is able to perform the job duties required. If you feel you’ve been turned down for a job due to pregnancy, consult an employment attorney.
Inequitable Use of Leave
Companies larger than 50 employees are mandated by the federal government (under the Family Medical Leave Act) to allow employees to take up to twelve weeks of unpaid leave a year. Some businesses require its employees to use their accrued vacation leave prior to taking unpaid time. This means if you’ve been saving time, you may have to use it before being eligible for FMLA. Companies are within their rights to require you to do so. However, if you’ve been forced to do this for maternity leave but other employees out under the FMLA have not, you may have a valid claim of discrimination under the PDA.
No Accommodations for Becoming Disabled
If you’ve become disabled due to pregnancy (or childbirth), your employer must make the same accommodations for you that they would for someone who is medically suffering or had been involved in something like a car accident. In this situation you may also be protected under the American Disabilities Act (ADA), which could mean additional time off or other assistive considerations.
Removal from a Job
A pregnant woman must be allowed to perform her job as long as she is physically able to do so. For instance, while a baggage handler may not be able to perform her job, a ticket taker most likely can. If you’ve been transferred or reassigned based on your pregnancy, but are still able to perform your original job, you may have grounds for a discrimination case.
If you believe you’ve been discriminated against based on your pregnancy, seek legal counsel. With so many intricacies in the law, you are best served finding a tenacious, experienced discrimination attorney.
Contact Wenzel Fenton Cabassa, P.A. today for a free case evaluation and to find out what your rights are. Your blessed event shouldn’t be marred by concerns over your employment. We can help.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### How Long Can an Employer Hold Your Paycheck After Termination? A Guide
When your employer has decided that your time with the company is over, you might find yourself let go without a moment’s notice—and without a final paycheck in hand. You may also wonder how long the employer has to pay you before withholding such a paycheck becomes unlawful.
It is important to note that no provision in federal or Florida law requires your employer to hand you your final paycheck at the same time as your termination or resignation. Nor does any law impose a duty on your employer to make special accommodations to get your pay any earlier than you would have gotten it had you remained employed. Still, an employer does not have the right to keep your paycheck indefinitely.
You may have a legal cause of action against an employer if they refuse to deliver your final paycheck. This could include the right to recover any unpaid compensation and, in some cases, additional damages. However, unfortunately, holding your former employer legally liable is not always a straightforward process. To ensure you have the best opportunity to recover the maximum value of damages, it is always advisable to get help from an experienced Florida employment law attorney before taking legal action.
Federal Labor Standards Act Insights
The Federal Labor Standards Act (“FLSA”) is an important federal law that discusses various topics related to employee pay. Most notably, the FLSA establishes a federal minimum wage and describes the circumstances in which an employer must pay its employees overtime.

The FLSA also discusses an employee’s right to receive their final paycheck upon leaving a company. Under the FLSA, employers do not have to provide a former employee their final pay immediately upon termination. Moreover, the FLSA does not require an employer to pay an employee within a specific period of time following the separation.
Instead, the FLSA does require employers to pay former employees no later than the next regularly scheduled pay period. For example, suppose you are paid monthly on the first of each month but were terminated on September 2. Your employer can wait until October 1 to pay you your final paycheck and still be in compliance with the FLSA.
Florida Final Paycheck Laws
There is also no specific state law regarding final paychecks in Florida. While there are laws that require employers to pay their workers a minimum wage, Florida’s laws are silent on when your last paycheck must be paid to you. As a result, the provisions of the FLSA apply, and your employer must provide you with your paycheck no later than by the next regularly scheduled payday.
Behind the Delay: Can an Employer Hold Your Paycheck for Any Reason?
Despite the clear directions of the FLSA requiring employers to pay their employees their final paychecks no later than the next regularly scheduled payday, an employer may still lawfully withhold some or all of an employee’s final wages for limited reasons. Before determining if such withholding is legal, your employment law attorney will want to know why you did not receive your final paycheck.
State and Federal Taxes
An employer can withhold state and federal taxes from your paycheck. Because you earned your wages while still an employee, your employer is legally obligated to withhold these amounts from your paycheck.
Income Withholding Orders
Suppose your employer was given an income withholding order for child support or another obligation. In that case, they must honor that obligation with your last paycheck, even if you are no longer an employee when you receive payment.
Money-Owed with Prior Authorization
Suppose you owe the employer money and have given them prior authorization to withhold part or all of your paycheck to pay them back. In that case, the employer may do so in accordance with that agreement. The employer should first tell you of the amount you owe and what it is for before asking for your authorization. Notably, they may only withhold your paycheck for this reason if you agree for them to do so.
Inability to Deliver the Paycheck
An employer may hold onto your final paycheck if they attempt to deliver it to you but are unsuccessful. After making reasonable attempts to reach you, they can keep the paycheck on the premises until you pick it up or give instructions on what to do with it.
Unlawful Reasons for Paycheck Withholding

An employer cannot withhold your final paycheck for just any reason, especially not as an act of discrimination or retaliation.
For example, if the employer fired you because you announced you were pregnant, not only would your termination be unlawful, but it would also be unlawful for the employer to withhold your paycheck for this reason.
You are also entitled to your final paycheck even if you violated a company policy. An employer cannot keep your final paycheck as a form of punishment or discipline.
It is also unlawful for an employer to withhold your final paycheck because you damaged property, stole from the company, or failed to return equipment or uniforms. While they may be able to proceed with other types of legal actions against you, the employer cannot withhold your final paycheck for these reasons.
Your Rights and Recourses
The FLSA protects your right to be paid for all of the time you have worked for an employer. However, it is easy to confuse or misunderstand your rights under the law when your employment relationship ends. Knowing the protections afforded to you by federal and state laws is critical to ensuring you are treated fairly.
The rights you have as a former employee include the right to demand that your employer pay all of your final wages on the payday immediately following your separation. If your employer fails to pay you despite your demand, you can bring a civil action against them to recover the money you are owed—and possibly additional damages.
Common Misconceptions
One of the most common misconceptions by employees is that they are entitled to receive their final paycheck immediately upon termination. However, neither the FLSA nor any Florida law requires employers to do this. No law requires your former employer to pay you more expeditiously than their other employees.
It is also a misconception to believe that your employer has the right to withhold your final paycheck for misconduct or other disciplinary reasons. Some unscrupulous employers may attempt to convince you they have this right. However, they have no right to withhold your final paycheck except under limited circumstances, such as some of the circumstances mentioned above.
Taking Action: Steps to Recover Withheld Pay
If you do not receive your final paycheck, you should promptly contact the employer—preferably by writing. It is possible they have made an honest mistake, or there is some unavoidable delay in processing your paycheck.

Your relationship with the employer can help inform whether you should give them additional time to deliver your final paycheck. If you do not receive your paycheck even after contacting the employer, you should consider hiring an attorney to send a certified demand letter to the employer. If this still does not result in receiving your paycheck, and 30 or more days have passed before you are paid in full, you may need to pursue legal action against the employer. You may be able to recover the amount you were originally owed and a penalty for additional damages. You may also be entitled to recover your attorneys’ fees that were incurred while bringing the action.
Frequently Asked Questions
When it comes to your final paycheck, questions are common. Some of the most frequently asked questions about getting paid after separation from a company are included below.
How Does My Employer Pay My Final Paycheck?
An employer can choose how to deliver your final paycheck so long as they do so by the next payday after your separation. If your paychecks were usually directly deposited, some employers will do the same for your last paycheck. Others will issue you a paper check regardless of how you received the other payments.
Can I Immediately Sue if My Last Paycheck Arrives Late?
Not necessarily. You and your attorney should give the employer reasonable time to comply before bringing formal legal action. Legal action is warranted once 30 days have passed since you made your demand for payment or if your employer announces they are withholding your pay for an unlawful reason.
Can My Employer Keep My Final Paycheck?
Yes, but only in limited circumstances such as those mentioned above. These situations include if you have previously agreed in writing to allow the employer to keep your all or part of your paycheck as payment for damages or unreturned property. Your employer can also hold your paycheck if they tried but failed to deliver it to you. In most all other situations besides those described above, the employer should deliver your paycheck.
The Role of Employment Law Attorneys
Confronting an employer over your final paycheck can be intimidating. An employment law attorney can provide several services that make asserting your rights easier and less stressful. Your attorney can:

Review your situation and ascertain if you are entitled to your final paycheck
Make a formal demand for your final paycheck to the employer
Discuss the law with the employer and correct any legal misunderstandings the employer might have and/or
File legal action against the employer and seek compensation in court

Employment law is complicated and consistently changing. Failing to exercise your rights or trying to exercise legal rights you do not have can lead to not only not having your final paycheck but also a lot of frustration. For this reason, hiring the right employment law attorney to guide you through this unfamiliar terrain is helpful in achieving a positive outcome.
Seeking Legal Advice
It is clearly important to understand how long an employer can hold your paycheck after termination. If you have been terminated or quit your job in Florida and have yet to receive your final paycheck, contact the unpaid wages attorneys at Wenzel Fenton Cabassa, P.A. We have decades of experience standing up for employees against abusive employers who cut corners and avoid their legal responsibilities. We will help you pursue the payment and justice you deserve. Schedule a free evaluation today.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### How Long Do You Have to File a Wrongful Termination Claim in Florida
Do you believe you were wrongfully terminated due to discrimination or retaliation? Are you considering filing a claim? If so, it’s best to take prompt action  because time is of the essence.
The amount of time you have depends on the type of discrimination you encountered. It’s also important to note that with discrimination cases, the Equal Employment Opportunity Commission (EEOC) only handles claims on employers with 15 or more employees, with the exception of age discrimination, in which case it’s 20 or more employees.
General Guidelines
As a general rule with the EEOC, you have 180 calendar days to file from the date the discriminatory act occurred. However, this deadline increases to 300 days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.
Such is the case in the State of Florida, where you dual file a complaint with the Florida Commission on Human Relations (FCHR) and the EEOC within 300 days of the discriminatory act. The FCHR is the state agency which enforces state laws that make discrimination illegal. The EEOC and the FCHR have a “work-sharing agreement,” meaning they cooperate when processing claims.
That said, to timely file your claim under Florida law, you have to file with the FCHR (or cross-file with the EEOC) within one year of when you experienced workplace discrimination. Under federal legislation, you have to file with the EEOC (or cross-file with the FCHR) within 300 days of when you were discriminated against. In order to file under both state and federal law, follow the shorter time frame- 300 days- and make sure that charge is filed before the 300 deadline.
But you must specify to either the EEOC or the FCHR that you intend to “cross-file” the claim with the other agency. It’s always a good idea to check with an attorney who may advise you to file with both agencies because state and federal administrative processes affect your ability to file a state claim differently. The FCHR has a downloadable employment discrimination questionnaire on its website, which provides more information on the guidelines.
Age Discrimination
With the EEOC, the filing deadline for age discrimination is also extended to 300 days if there is a state law prohibiting it in employment and a state agency that enforces that law (both of which are the case in Florida). ou can dual file if you are covered under both state and federal law. But again, you may file with the FCHR if your employer has less than 20 employees and does not meet the filing threshold for the federal law.
Federal Employees
Unlike private sector employees, federal employees have a different claim process, but their deadline for contacting the EEOC is generally 45 days. However, there are certain cases in which that deadline can be extended.
Other Factors to Consider
You should file with the EEOC first, even if you attempt to resolve a dispute through an internal grievance procedure, a union grievance, arbitration, or mediation. The time limits mentioned above will typically not be extended by while you pursue your claims in another forum, so it’s best to pursue them concurrently.
In addition, weekends and holidays are factored into the EEOC’s filing timeframe; although if the filing deadline occurs on a weekend or holiday, you have until the following business day. Regardless, the statute of limitations for employment cases are shorter than in many other areas of the law.
At Wenzel Fenton Cabassa, P.A., we protect employee rights, and we can help you determine how and when to file a wrongful termination claim. Please access our Wrongful Termination: When Firing Is Illegal ebook today or call us to schedule your free case evaluation.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### How Long Does a Settlement Take Overall?
Settlements offer a pivotal alternative to drawn-out court proceedings, providing a pathway to resolve many legal disputes without entering the courtroom. This approach helps avoid the lengthy lawsuits and prolonged, divisive battles often associated with litigation.
For anyone preparing for a legal case, understanding the duration and process of a settlement is essential. The timeline can differ significantly based on specific case details and the stages involved.
Though settlements span various legal areas, this article primarily focuses on employment law, with a particular emphasis on settlements in Florida. Our aim is to break down the complexities of this process, providing a comprehensive guide to the typical paths and timelines for settling a dispute.
Understanding Settlements in Florida
Settlements are utilized in many legal cases to compensate an individual or group of people harmed by another party. Typically, attorneys work out agreements to resolve legal issues without going to court.
Different factors can initiate a settlement. In employment law, companies typically do not want a prolonged legal case, facing numerous court and extensive legal fees. They also are often willing to provide compensation through a settlement when they are at fault because they do not want bad publicity for the company with a long court case.
When employees have been injured at work, discriminated against, wrongfully terminated, or had other employee rights violations, seeking a fair and just settlement with the help of an attorney is recommended.
What is a Settlement?

A settlement is a legal contract. The contract is constructed to resolve a dispute between parties through an agreement by both (or all) parties.
When Court Involvement Becomes Necessary
Most of the time, settlements are agreed upon before going to court. In some cases, a resolution cannot be made with a settlement without going to court. Instances when a case may require going to court include a failure to agree on compensation, disputes over liability, complex legal issues, or if either party is unwilling to negotiate in good faith. If this happens and the court rules in the plaintiff’s favor, the plaintiff will eventually get a settlement.
Settlements typically include monetary compensation for the individual or group of people that were harmed. Sometimes, non-monetary aspects, such as policy changes, public apologies, etc., can be involved.
Depending on the type of case, compensation can include funds for medical bills, lost wages, lost benefits, pain and suffering, emotional damages, or other relevant compensation.
The Road to Settlement: A Timeline
It generally takes several months or more from the time the case is filed to settlement. Highly complex issues, particularly involving class action lawsuits, can take years.
When considering the question, “How long does a settlement take?” You must understand the timeline.
First, preparation, evidence gathering, and evaluation are conducted to determine the value of your case.
Next, send the initial demand letter. The demand letter will include:

Details of your case, explaining what happened and how the employer is at fault. For example, details of how a person was wrongfully terminated due to age discrimination.
Detail the type and extent of the damages you suffered. For example, lost wages and benefits and emotional damages.
The total amount of compensation requested from your employer.

Depending on the case’s specifics, these two steps can take weeks to months or more.
After the demand, there is a designated period during which the other party can respond. Following responses, both parties may engage in negotiations to reach an agreement. If both parties agree on terms, the settlement is then finalized.
Important note: Settlement goals are typically decided upon before sending the initial demand letter, including the top amount you seek and the bottom dollar amount you are willing to accept. Additionally, any non-monetary goals, if relevant, should be included.
Timeline for Legal Settlements (Alt text – Gavel resting on a calendar next to a clock)

When digging into the answers of “how long does a settlement take,” multiple factors can affect the timeline from the beginning to the end of a case. Phases can speed up or slow down, which can occur in the case preparation and throughout the demand letter, counteroffer, and agreement phases. Complex cases take longer to develop and determine value. Employers may take a long time to respond to demand letters and counteroffers. People may be resistant to various types of communication. When cases end up in court, this delays the timeline and does not guarantee a settlement.
However, cases can speed up for several reasons too. Law firms with extensive experience in employment law have the education, resources, and skills to be more efficient than others who do not specialize in employee rights cases. Additionally, depending on the case and the evidence, some employers may want to settle quickly, forgoing an extensive counteroffer phase.
The Complexity of the Case
The complexities of a case can certainly influence the settlement duration. More straightforward ones, such as not paying minimum wage, often make for a reduced timeline as opposed to others. For example, discrimination and whistleblower cases often have many elements, varying types of evidence, and potentially multiple witnesses.
When attempting to gauge the timeline, it is necessary to consider the influence of case details, evidence, legalities, and other case-specific elements.
The Willingness of Parties to Settle
When you bring a claim against your employer, you are essentially dealing with people. People are making the decisions – and the readiness and willingness of all involved parties affect the settlement timeline.
When you have an assertive, effective, and respectful communicator and negotiator on your side, you are best prepared to deal with people. Bullying and over-aggressiveness do not bode well for efficient timelines. Employers may put the brakes on.
If the subject matter of the case can cause a lot of difficulty in the public eye for the employer, such as a sexual harassment or discrimination case, there may be a willingness to settle quickly, decreasing the settlement timeline.
Negotiations, agreements, and cooperation can all shape the timeline’s duration.
Involvement of Insurance Companies
Insurance companies can also play a role in the settlement process and affect the timeline. Most frequently, this is with personal injury cases. Many insurance companies are cautious with settlement amounts, aiming to reduce costs. An experienced negotiator helps you reach a final agreement as efficiently as possible.
How Long Does it Take to Get a Settlement Check?
After the final agreement is achieved, it is the post-settlement phase. These are the steps it takes leading up to the receipt of the settlement check.
From agreement to payout, your lawyer will ensure all procedures are followed properly. Typically, once an agreement is reached, it can take anywhere from 4 to 8 weeks to process and deliver the check. This timeline can vary depending on factors such as the processing time of legal documents, the workload of the involved attorney, and the responsiveness of both parties.
The Steps After Settlement
Once the check is cut, it is typically sent directly to the lawyer’s office. They will take care of the documentation and legal requirements of the disbursal, which includes corresponding with the financial institution to verify the check’s validity and utilizing funds to pay medical liens, if relevant, and all processes in dealing with insurance companies regarding the disbursal. If other lien holders are involved in the case, this is also processed through the lawyer’s office.
Additionally, settlement checks include contingency fees for the legal team, typically delineated in the settlement agreed upon by all parties.
Once relevant procedures and all documentation are complete, including an outline of all settlement amounts and payouts, the check will be disbursed to you.
Potential Delays in Receiving Settlement Checks
Sometimes, delays may occur, including working with insurance companies for release forms, extra time to get the check cleared (particularly during holidays and weekends), and dealing with the liens mentioned above. Sometimes, getting final medical bills or other liens takes time, and lawyers may attempt to negotiate bills to help you get the highest possible amount out of the settlement check.
It is crucial to be patient during the settlement process. Your attorney will work hard to get through the process efficiently, but they also want you to obtain the highest amount possible.
Settlement Stories: Real-world Timelines
Your timeline will be reduced if employment disputes can be settled before litigation. From when an EEOC complaint is filed to the time it takes to go through the settlement process, it may take only months to get to a settlement instead of a year or more.
As mentioned above, certain employee rights cases will take longer than others, depending on the factors above. In comparison, certain actions can speed up timelines too.
Workplace Discrimination Settlement Timeframes
How long does a settlement take in workplace discrimination cases?
When workplace discrimination cases can get settled without going to court, it can take as little as 4-6 months. Attorneys will work hard to get a fair and just settlement, but if needed – will take it to the courts, which can take a year or more, but it is worth the time to pursue justice.
Employment Dispute Settlement Durations
The durations will range depending on the type of case, relevant evidence, complexity, and EEOC processes, among other factors. Generally speaking, if the case goes to court, it takes about a year or potentially several years. If a settlement can be met with the initial demand letter or with a counteroffer, it can take an average of 3-8 months.
Every settlement case has its unique timeline. While we’ve provided a general framework above, real-world scenarios can vary drastically. Some cases might be resolved swiftly within weeks, while others could drag on for years due to complexities or external factors.
Contacting a Florida Employment Lawyer for a Settlement Negotiation
Understanding the intricacies of the settlement process can empower individuals to navigate their cases with confidence. From preparation to negotiation, each phase is pivotal in ensuring justice and appropriate compensation.
From preparation and evidence gathering to sending a demand letter and navigating the nuances of the negotiations, each phase is a vital part of the process that affects the settlement timeline. And each phase is necessary for achieving the best possible outcome.
Whether you have been discriminated against or are facing other employee rights issues, get a free case evaluation with an attorney to get the justice you deserve. Wenzel Fenton Cabassa, P.A., has experience with employment settlement cases and has Florida lawyers across the state fighting hard for employee rights.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How Much Can You Sue for Wrongful Termination? A Breakdown
Florida’s right-to-work laws grant employers the freedom to end the employment of their employees at any moment. They do not have to give any prior notice before doing so, nor do they need to provide a reason as to why they have chosen to sever the employment relationship. Still, despite how that may sound, it does not mean that employers have unlimited power over their employees. The state’s right-to-work laws do not overshadow laws meant to protect employees from matters such as discrimination and whistleblower retaliation, for example. Florida has many laws in place that prohibit employers from violating the law when terminating an employee.
If your employer acts unlawfully as they move to cease your employment, you may be the victim of wrongful termination. The law allows you to take legal action against the employer to recover damages for their illegal action. Be that as it may, bringing a case against your employer can be confusing and intimidating if you do not have an experienced employment law attorney helping you along the way.
Understanding Wrongful Termination
Employees are laid off and terminated from their jobs on a daily basis, but not all of these incidents are wrongful under the law. Determining whether you are the victim of wrongful termination is the first step toward holding your employer accountable and recovering some type of compensation.
Definition of Wrongful Termination
Being terminated from your employment with a fair warning is never a pleasant experience, but even being terminated suddenly or without notice does not necessarily render the termination wrongful. In Florida, a right-to-work state, your employer can legally terminate your employment at any time, for nearly any reason, or no reason at all.
Wrongful termination, in particular, occurs when your employer fires you for an illegal reason. The employer does not need to specifically verbalize an illegal reason to be found liable. If evidence reveals that the true grounds for your termination were founded on an illegal basis, your wrongful termination suit can be successful.
Identifying Wrongful Termination in Florida
Cases involving a wrongfully terminated employee often involve situations in which the employee was let go for a discriminatory reason.
For example, if you approach your employer and inform them that you are pregnant, it would be illegal for your employer to fire you due to that pregnancy and the impending need for maternity leave. There are several federal and state laws that make pregnancy discrimination unlawful.

Another common scenario involving wrongful termination occurs when an employee is fired due to reporting safety violations or other violations of the law. Those who report such matters to authorities are called “whistleblowers.” Employers cannot fire employees because they refuse to participate in illegal activities or report such activities.
When determining whether you are the victim of wrongful termination in Florida, the circumstances surrounding your termination matter, including the following:

Recent positive job reviews yet suddenly terminated under a pretextual basis
Recent requests for accommodations due to an illness, disability, or pregnancy
Reporting law or safety violations to state or federal authorities
Termination despite not having a history of disciplinary actions
The violation of an express or implied contract and/or
No clear reason, financial or otherwise, for the company to downsize so suddenly

Identifying wrongful termination without an explicit discriminatory or retaliatory statement from your employer can be challenging. It is helpful to have a skilled employment law attorney who can review your specific situation and uncover evidence of wrongful termination.
Potential Lawsuit Value: How Much Can You Sue for Wrongful Termination?
The purpose of bringing a lawsuit following a wrongful termination is to ensure that your employer bears the consequences of illegally firing you. This includes financial as well as other consequences. However, getting to the point where your employer actually compensates you can take time and persistence.
Knowing how much you can expect to receive from your case helps you in several ways. First, it can influence whether you agree to accept a settlement or you would rather insist on going to trial. If your employer offers a reasonable settlement that is close enough in value to what you could receive at trial, taking the settlement may make the most sense.
Secondly, if you know the value of your case, it can help you remain committed to seeing your claim through. In any lawsuit, there are moments of activity where you might have several back-to-back court hearings. But sometimes, there are lulls in the action, and patience becomes key. Knowing the value of the payout that potentially awaits you at the conclusion of your case can make enduring those recesses much more bearable.
Calculating Potential Damages
Determining the amount of damages you can expect to receive from your case requires consideration of the ways you have been impacted by your wrongful termination. Three general types of compensation are available to you when you have been wrongfully terminated. In calculating the worth of your case, you and your attorney will begin by considering which of these forms of payment are available.
The first involves economic damages. This is a form of compensation meant to reimburse you for the financial costs you have endured. Economic damages include the wages you could have earned had you stayed employed and any promotions or other increases in benefits you missed out on.
Secondly, seeing as wrongful termination can lead to depression, anxiety, and other mental distress, you can also seek compensation for these non-economic damages. Any compensation you receive for these losses is designed to address these intangible but very real impacts.
Lastly, punitive or liquidated damages can be awarded in cases where your employer acted intentionally or purposefully. These damages are not necessarily meant to compensate you but instead to penalize the employer for their egregious conduct.
Factors Impacting the Value of Your Claim
The individual circumstances of each case significantly impact how much an employee can recover in a wrongful termination lawsuit. Thus, the compensation that one employee receives could differ drastically from another employee with the same exact company.
Listed below are just some of the factors that could impact the size of your recovery:

Your rate of pay at the time of termination;
Any additional or supplemental income you have been able to earn;
The strength of any available evidence that suggests discrimination or retaliation;
How long you have been unemployed despite reasonable efforts to find another job; and/or
Whether the termination was inadvertent or the result of maliciousness.

In a case where you did not sustain much financial harm and the employer’s conduct, while unlawful, was neither deliberate nor spiteful, your recovery may be limited to the wages you would have earned had you not been fired. Punitive damages are not likely to be available in such circumstances, either.
Conversely, you may be entitled to higher-value damages if you are a member of a protected class of people and if your employer intentionally singled you out in their discrimination. That is especially true if the incident tarnishes your professional reputation and you cannot find comparable work as easily after that.
Statute of Limitations in Wrongful Termination Cases
When you have been wrongfully terminated, you have no time to waste if you intend to pursue a legal claim for damages. There are many deadlines that can make or break your case—and, accordingly, your recovery.
For example, many discrimination cases must first be filed with the U.S. Equal Employment Opportunity Commission (“EEOC”) within 180 days from the date the discrimination took place. Failing to adhere to these deadlines could result in the EEOC dismissing your case before you are ever given the right to sue the employer in court. You may have also heard of the term “statute of limitations.” Statutes of limitations are deadlines that govern the maximum amount of time you have to bring a lawsuit from the date of an alleged offense. If that date passes, you may lose your right to sue on those claims, and your lawsuit could be immediately and entirely dismissed.
Different claims have different statutes of limitations, so it is important to speak with an attorney immediately after your termination to ensure no time is wasted. It will also be very helpful for you and your attorney if you create a timeline of everything that happened, including dates, names, and job titles of the other employees involved. It is best to do this when the information is fresh in your mind. As time goes on—and the statute of limitations approaches—you may forget the details of what occurred, and there may not be sufficient time to find the answers elsewhere.

Navigating the Legal Process: A Step-by-Step Guide
Obtaining compensation for a wrongful termination requires you to work through the civil legal system to bring a claim against your employer for damages. This process can be intimidating for non-lawyers. Fortunately, an employment law attorney can make the process easier for you and handle most of the steps involved in presenting your claim without requiring your active involvement.
Initiating a Wrongful Termination Claim
You might want to simply settle a wrongful termination lawsuit with your employer outside of court. However, obtaining damages from the employer does not truly begin until a claim for wrongful termination is filed with the appropriate court or government agency, and even then, filing a claim is not as simple as just alleging that you were wrongfully terminated.
Your claim must also provide some factual support to show that there is reason to believe you were discriminated against and, thus, the subject of an unlawful termination. Once your claim is properly filed, various scheduling and court hearings will occur as your case proceeds toward trial. There may be opportunities to settle if you wish, but certain procedures must first be followed.
The Importance of Legal Representation
You might be thinking about suing your employer without hiring an attorney. Unfortunately, the reality is that wrongful termination cases are not often won without an attorney’s help.
You could indeed represent yourself in a wrongful termination case, and though you may feel that you can best explain what happened when you were fired, being able to prove discriminatory or illegal intent is not as easy as it seems.
Because the employer can always present evidence that your termination was handled lawfully, supporting your claim with as much evidence as possible is key to your success, and an attorney can gather documentation and witnesses to support your claim and rebut anticipated defenses from your employer.
Having an employment law attorney by your side can also help to ease the anxieties you may be feeling about your case, as their handling of prior wrongful termination cases can help them do the following:

Gather evidence and interview witnesses about your termination;
Prepare and file your claim within the applicable deadlines;
Attempt to negotiate a settlement that is in your best interests;
Advise whether you should accept a settlement or proceed to trial; and/or
Present your case and supporting evidence to a judge or jury if a settlement cannot be reached.

In short, having a qualified and competent attorney helping you with your case can mean the difference between a successful claim that causes minimal stress and exhausting yourself trying to win your case alone.
When to Seek Legal Assistance
With so much on the line and such a small window of time in which to take action, it is to your benefit to retain an employment law attorney as soon as you can following your termination. They will help you understand how much you can sue for in a wrongful termination case.
Wenzel Fenton Cabassa P.A. dedicates its practice to representing employees who have been wrongfully terminated from their jobs. Our decades of experience handling complex Florida wrongful termination lawsuits means we can investigate the cause of your termination, and you uncover evidence that you were fired for an illegal reason. Contact a Florida wrongful termination lawyer at our firm today.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### How Much Can You Sue Your Employer for Misclassification?
You deserve to be paid a fair wage for the time and effort you devote to your work. Your employer, however, may not agree. Whether through deliberate scheming or ignorance of the law, your employer may attempt to skirt their obligations to pay you the wages and benefits you deserve by misclassifying you.
Misclassifying employees can cause serious short- and long-term financial consequences. The practice deprives you of wages you have earned and deserve, the benefits employees are afforded under the law, and important employment-related legal protections.
Misclassification is serious, and both federal and state laws address the practice through significant penalties. Below you will learn how your employer can misclassify you, the financial damages you might be owed if this happens to you, and your legal rights to sue your employer — as well as the time you have available to do so.
Asserting your rights in a situation involving misclassification may require legal action. These lawsuits are often complex, but having a skilled employment law attorney at your side can make the process more accessible to you.
Understanding Misclassification of Employees
Misclassification occurs when your employer does not pay you wages or benefits as they should, given your true employment status. While some employers may engage in misclassification because they do not understand the law, others misclassify employees deliberately as a way to save money and protect the company’s bottom line.
Employers who misclassify employees are potentially violating several federal and state laws. These laws impose penalties for engaging in this practice and provide aggrieved workers compensation for the harm they suffered as a result.
Can I Sue My Employer for Misclassification?
You may be wondering, “Can I sue my employer for misclassification?” If your employer does not pay you the wages or benefits required by the nature of your employment, you may have a cause of action for misclassification. Evidence that may suggest you are being misclassified and eligible to file a lawsuit includes:

You are not receiving benefits despite otherwise being treated as an employee
Your employer is forcing you to work overtime without paying you appropriately
Your employer issues you a 1099 while strictly controlling how or when you work

A misclassification suit typically does not cover general unhappiness with your employer’s benefits package or your belief that the value of your work is not reflected in your pay.
Do not be deterred from speaking with an employment lawyer just because your contract appears to support your employer’s actions. An employment contract is not dispositive of any issue, and your misclassification suit may still proceed even if the contract lists you as an “independent contractor” or an “exempt” employee.
Factors Affecting Damages for Misclassification of Employees
A misclassification lawsuit can result in an order against your employer to pay you damages. The amount of these damages for misclassification of employees, and the total dollar figure your employer may have to pay, will depend on a number of factors.
A primary factor will be how long you were deprived of the pay you were legally entitled to receive. The longer the misclassification occurs, the higher the damages and penalties that are assessed.
Whether your employer’s actions were willful or part of a pattern of behavior will also play a role in the damages they may have to pay. If this factor is present, your employer might have to pay you additional civil penalties as compensation.
Common Misclassification Scenarios

Misclassification can take many forms. One of the most common ways employee misclassification occurs is when your employer categorizes you as an “independent contractor” instead of an “employee.” This alleviates the employer’s obligations to withhold taxes for you and pay you benefits.
An employer may also misclassify a non-exempt worker as an exempt employee. Employees who are “exempt” are not covered by wage and hour protections in the law, whereas non-exempt workers are. By misclassifying workers in this way, an employer can avoid paying you overtime and for meal and rest breaks.
Another common misclassification scenario involves employers who misclassify full-time workers as part-time employees or workers who should be paid an hourly wage as salaried employees. In most cases, employers do this to avoid paying overtime or benefits to their workers.
Types of Damages for Misclassification of Employees
By initiating legal action, you can recover damages to compensate you for your losses. There may also be statutory penalties levied against your employer for each day a misclassification violation continues.
How much can you sue an employer for misclassification? The available damages you might recover include the following:
Lost Wages and Overtime
If you were forced to work through meal or rest breaks for which you should have been paid, you could be compensated for the value of those breaks. Additionally, if you were not paid an overtime rate despite working hours beyond the 40-hour work week, you can seek these lost wages through your lawsuit.
You may even be eligible to recover up to double the amount of wages of which you were deprived. For example, if your employer did not pay you $5,000 in overtime pay over the course of a year, some suits will allow you to recover up to $10,000 for your lost wages.
Benefits and Retirement Contributions
Your employer may offer — or be obligated to offer — certain benefits and retirement contributions to employees. If that is the case and yet you did not receive those benefits due to misclassification, you can also recover the value you were denied.
For example, if you were misclassified as an independent contractor and your employer matches up to 20 percent of employee contributions to the employee’s 401k account, you can seek compensation for the missing contribution matches you should have received.
Emotional Distress and Punitive Damages
Damages for emotional distress compensate you for the mental stress caused by your employer’s actions. Punitive damages are designed to punish your employer for their actions and can be available in cases of egregious conduct.
Punitive and emotional distress damages are not available in all misclassification lawsuits. Your Florida employee rights attorney can advise you on whether you can pursue either or both of these types of damages in your case.
Other instances of misclassification can allow you to recover liquidated damages. Liquidated damages represent a fixed sum awarded as a presumptively reasonable compensation value.
Statutes of Limitations for Misclassification Claims

In a misclassification case, you may file a lawsuit under one of several federal or state statutes. These include the federal Fair Labor Standards Act (FLSA) or the Employee Retirement Income Security Act (ERISA), as well as Florida’s Minimum Wage Act.
Several factors determine which avenue to pursue damages through, including the applicable statute of limitations. The statute of limitations tells you how much time you have after a misclassification event to file your lawsuit.
Federal Statutes of Limitations
There are two statutes of limitations to be concerned with. The applicability of each depends on what damages you are seeking.
A misclassification suit that seeks unpaid wages or overtime would be brought under the FLSA, which has a two-year statutory period. If you are seeking unpaid retirement contributions and bring your claim under ERISA, there is a three-year statute of limitations.
Florida Statutes of Limitations
Claims for unpaid wages under the Florida Minimum Wage Act are governed by a four-year statute of limitations. This statutory period extends to five years if it is believed your employer’s actions were committed willfully.
Hiring an Employment Lawyer for Misclassification Claims
If you believe you have a misclassification claim against your employer, you should discuss your situation with a qualified Florida employment law attorney. An experienced attorney’s insights and resources can offer you several benefits and may impact the outcome of your claim.
How a Lawyer Can Help with Your Misclassification Claim
Misclassification claims, like other workplace issues, need to be investigated thoroughly. This includes speaking with witnesses who have knowledge of your situation and obtaining and reviewing documents relevant to your claim.
A skilled lawyer will know to do these tasks quickly and will have the tools to accomplish them swiftly, thereby expediting your claim. Your attorney can also represent you at any negotiations that may be held as well as in court.
In many cases, your employer may attempt to settle your dispute rather than risk going to trial. Your employment lawyer should have a background and skills in negotiations and be able to represent your interests during these discussions.
And if your attorney cannot reach a settlement that appropriately addresses your losses, they should be well-equipped to take your claim to trial. A comprehensive investigation coupled with litigation skills that have been honed in the courtroom allows your attorney to represent your claim and persuasively articulate your case to the court.
When to Contact an Attorney for Misclassification
You may be owed significant damages for a misclassification incident, including unpaid wages, overtime, and retirement contributions. How much can you sue an employer for misclassification depends on several factors, including the wages you should have earned, the length of time you were misclassified, and whether your employer’s conduct was intentional.
But your time to assert your rights is limited, and the process for doing so can be confusing. This makes it crucial that you speak with an experienced Florida employment lawyer as soon as possible. It is best to talk with an attorney quickly — when potential witnesses’ memories remain fresh and relevant documents can still be located.
With years of successful experience representing Florida workers in misclassification lawsuits, Wenzel Fenton Cabassa P.A. is a smart choice for employees looking to protect their legal rights.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### How Much Does an Employment Lawyer Cost?
When your employer has violated your rights in the workplace, a lawsuit is effective not only for exposing the wrongful conduct but also for obtaining compensation for any financial harm you sustained. Succeeding in such a lawsuit often depends on having skilled legal representation on your side throughout your case.
Knowing how important an employment law attorney is to your chances of recovery, you may ask, “How much does an employment lawyer cost?” This is a legitimate concern, as some attorneys may charge clients thousands of dollars upfront before they even begin working on your case.
A contingency fee arrangement is ideal for those who wish to pursue legal remedies against their employer but are also concerned about the potential cost of legal representation. While there are costs associated with this fee arrangement, you can secure a lawyer’s services without owing any attorney’s fees upfront. Additionally, you may not owe any attorney’s fees if your case is unsuccessful.
Understanding Contingency Fee Agreements in Employment Law
When you and your lawyer agree to a contingency fee structure, the two of you essentially agree that the attorney’s ability to receive payment for their services is contingent on the case's outcome. If the case succeeds, your attorney is entitled to recover their fees. If your employment law case is unsuccessful, your attorney will not receive any fees for their services.
Not only this, but the amount of fees your attorney recovers is also contingent on the size of your recovery. Rather than agreeing to pay a set amount for your attorney’s services, you and your lawyer agree that your attorney should recover a percentage of the total amount they can secure for you. 
Advantages of Contingency Fee Arrangements

If you are considering hiring an attorney but are asking yourself, “How much does a labor lawyer cost?” you are the type of person who would likely benefit from a contingency fee arrangement. The financial risks to you of these fee structures are low, but you still can obtain experienced legal representation.
The chief advantage of a contingency fee arrangement is accessibility. You do not have to pay attorney fees upfront to retain the lawyer’s services. Moreover, you generally do not owe attorney fees until your case is successfully resolved. Similarly, if your case is not successful, your attorney does not get to collect any fees.
This feature of contingency fee arrangements distinguishes them from flat fee arrangements and hourly fee structures. In a flat fee structure, you pay an attorney an agreed-upon fee upfront for the attorney to perform a certain set of tasks. You owe this fee regardless of the outcome of their services. If additional services are needed, you and the attorney will need to negotiate an additional fee arrangement.
Hourly fee agreements typically require depositing a retainer, a lump sum down payment for the lawyer’s services. The lawyer then bills against this retainer based on the hours they worked on your case. As the retainer diminishes, you are responsible for making regular deposits so the lawyer can always be paid. If your case does not succeed, you do not get any of these fees back.
Another advantage to the contingency fee arrangement is that it encourages attorneys to resolve cases quickly and for as large an amount as possible. Because an attorney does not collect their fees in a contingency arrangement until the case has successfully concluded, the attorney has every incentive to work diligently toward this goal. 
Moreover, because the size of the client’s recovery affects the size of the attorney’s fees awarded, your attorney is encouraged to obtain the largest damages award they can.
The basic differences between the three fee structures are highlighted in this table:

Type of Fee Structure

Retainer Required?

Owe Attorney Fees if Unsuccessful?

When are Fees Paid?

Contingency 

No

No

After successful resolution

Hourly

Yes

Yes

Upfront and ongoing

Flat Fee

No

Yes

Upfront

Contingency fee structures enable a larger number of individuals to access legal services than the other types of fee arrangements.
How Contingency Fees Are Calculated
When you and your employment lawyer agree to a contingency fee arrangement, your attorney’s fees will be calculated at the end of the representation. The fee is determined by multiplying the percentage you and your lawyer agreed to by the amount of damages your lawyer recovered for you. 
The percentage an attorney demands as part of a contingency fee agreement depends on factors such as:

The attorney’s experience and reputation
The stage of litigation at which the case is resolved
The total amount of compensation your attorney recovers for you
Typical outcomes that the attorney is able to achieve in employment cases

Questions to Ask Your Lawyer About Contingency Fees
When you consult with any employment law attorney, you want to have a clear answer to the question, “How much is a lawyer?” The attorney should give you details as to whether they charge on a contingency fee basis or some other fee structure. 
If the attorney intends to charge you a contingency fee, ask them the following questions:

What percentage of my recovery will you charge for your fees?
What factors or circumstances might cause this percentage to increase?
What costs am I responsible for, regardless of the outcome of my case?
Am I responsible for the costs of support staff like paralegals and legal secretaries?
What costs, if any, do you expect me to pay upfront?

Your attorney should prepare a written contingency fee arrangement and have you sign this document before representation begins. Ensure that you read this document carefully and that it accurately reflects your understanding of the fee structure.
When to Consult a Contingency Fee Employment Lawyer
When your employer takes advantage of you, disregards your rights, or discriminates against you, knowing when to take legal action can be challenging. You may be apprehensive about doing so not only because of the perceived cost but also because you fear losing your job or facing other forms of retaliation.
However, failing to assert your rights in the workplace can lead to further discrimination and poor treatment. Filing a lawsuit and pursuing damages with the help of a skilled Florida labor lawyer is often needed to stop illegal employer behavior and ensure you get the compensation you deserve.
Wenzel Fenton Cabassa has represented employees in Florida for decades, helping them protect and secure their workplace rights. We operate on a contingency fee basis, allowing you to retain our services without significant financial risk. 
Whether your employer has discriminated against you, retaliated against you for your whistleblowing activities, or refused to pay you wages you are legally entitled to, our firm can help. 
Contact Wenzel Fenton Cabassa today for a free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How New FLSA Regulations Amend Overtime Exemption Rules by Wage
Do You Qualify for Overtime? Find out with New FLSA Regulations
The Department of Labor (DOL) recently announced proposed changes to the Fair Labor Standards Act’s (FLSA) white collar exemptions. These highly anticipated revisions are fairly significant, and it is estimated that over 5 million (currently exempt) salaried employees will be affected by these changes to the salary guidelines. These are the first changes to these regulations in over a decade.
Former Exemptions Under FLSA
FLSA has always exempted certain executive, administrative, and professional employees from minimum wage stipulations and overtime requirements. Currently, to be considered exempt, you must be:

paid a predetermined, fixed salary that does not depend on, or cannot be penalized by, the quality or quantity of work
earn more than the current salary threshold of $455 per week or $23,660 annually
perform executive, administrative, management, or professional duties (primarily)

If you fall under the “highly compensated” category of making over $100,000, carry out office or non-manual work, and perform at least one exempt duty on a regular basis, you are not eligible for overtime.
What Changes Under the New Regulations
The proposed revisions would alter the minimum salary needed to qualify for exemption from overtime rules, which is expected to be $970 a week or $50,440 annual salary in 2016. The high compensation exemption is expected to go from $100,000 to $122,148. The DOL is suggesting an annual adjustment to these numbers as well. As it stands right now, there are no changes to the duty test, but the DOL is seeking comments on whether these should also be amended. If these changes are imposed, clearly, many employees exempt from overtime under the lower salary basis may no longer be exempt.
What Happens Next
The DOL provides the public with 60 days to comment on the proposed rule once it’s published in the Federal Register. There are a number of other areas included in the request for comment, such as whether incentive compensation and nondiscretionary bonuses should be used in determining salary. The DOL is also asking the public whether commissions should count as part of nondiscretionary bonuses. The DOL has been clear that it is not including benefit payments, income, food, board, or lodging in the calculation. Also included is a request for feedback on the possibility of updating these numbers annually and the methodology with which to do so.
The deadline for comment is September 4th. New regulations aren’t expected until next year, but when they go into effect, this will likely change things for many employers (a recent estimate by the National Retail Federation says it could cost employers up to $800 million) and employees. Keeping an eye on these new regulations is important to knowing if you are eligible for overtime compensation.
When these regulations go into effect, it’s likely that many employers will be hesitant to change. However, they will be required to do so by law even if it costs them more money in overtime pay.
Have you been wrongly classified as an exempt employee, or have you had wages withheld? If you have, you may be a victim of wage theft. Contact Wenzel Fenton Cabassa, P.A., today to talk about your concerns. The initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How Often Are Wrongful Termination Cases Won?
Employees who are terminated unlawfully from their positions have legal rights, including the right to compensation. A wrongful termination lawsuit, a legal case that alleges your employer unlawfully discriminated against you in terminating your employment or otherwise violated your legal rights, can help you recover compensation.
Like other civil lawsuits, a wrongful termination case can be won through a settlement or a trial verdict. There are advantages and disadvantages to pursuing either course of action, so it’s important to consult with an employment law attorney to discuss your objectives and choose the most appropriate course of action. Your ability to succeed will come down to certain factors, including the quality of your legal representation and how much evidence you can gather that shows you were unlawfully terminated in violation of your labor rights.
If you are facing the prospect of filing a wrongful termination case, you may wonder if it’s worth pursuing and how likely you will win your case. Consider these statistics for wrongful termination cases and what the numbers mean for employees who have been unlawfully terminated.
The Statistics: Win Rates on Wrongful Termination Cases
So, how often are wrongful termination cases won overall?
Precise statistics showing the win rates on wrongful termination cases each year compared to the overall number of wrongful termination lawsuits are hard to come by. Nevertheless, estimates range from as low as 30% of wrongful termination cases being successful to as high as 90% of cases succeeding.

One recent survey conducted by Nolo found that 64% of readers polled obtained some amount of compensation for their wrongful termination lawsuit when they received a lawyer’s assistance, which included cases resolved by an out-of-court settlement and verdicts received following a successful trial.
In the same survey, readers who did not hire an attorney reported receiving compensation in only about 30 percent of the cases, meaning that for every ten unrepresented workers who claimed they were wrongfully terminated, only three received compensation.
As with the win rate for lawyer-assisted cases, this number reflects workers who received compensation through settlements and those who received a favorable verdict.
Dissecting the Numbers: Overall Win Rates
When you examine these numbers further, it is clear that one method of pursuing compensation is far more successful than the other. Settlements represent the prevailing method whereby wrongful termination lawsuits are resolved.
Of successful wrongful termination lawsuits, as many as nine out of every ten compensation awards tend to result from a settlement agreement.
To put these statistics in perspective, consider 100 wrongfully terminated employees who each retain an attorney and file a wrongful termination claim. According to current win rates, 64 of these employees would likely receive compensation. And for as many as 57 of those successful cases, the compensation would come from a settlement.
These numbers also mean that one case goes to trial for every nine settlements. At trial, that case has about a 10% to 20% chance of succeeding and compensating the worker. In most cases that go to trial, the injured worker does not receive a favorable verdict.
There are several reasons for this, including the unpredictability of judges and juries and the requirement that the worker prove their case by a preponderance of the evidence. Hiring a skilled attorney can greatly enhance your likelihood of winning your case.
Interpreting Wins: Not All Victories Are Equal
In a lawsuit, whether you win depends largely on what you consider winning to be and will depend on what you seek to accomplish by bringing your case.
Depending on those goals, you may win your wrongful termination lawsuit by achieving an out-of-court settlement or prevailing at trial. There are differences between these two methods of resolving your claim.
Settlement vs. Trial Win: Understanding the Difference
Many civil lawsuits and claims are settled before trial, and wrongful termination lawsuits are no different. In a settlement, both you and your employer realize that the risks of trial to each of you are too great to leave the resolution up to a judge or jury.
As a result, you and your employer agree to settle the matter out of court for a specific sum of money. A settlement can be considered a win because you are receiving monetary compensation from your employer for your claim.

However, settlements routinely contain clauses stating that your employer is not admitting wrongdoing by settling the case. You will likely be prohibited from disparaging your employer after the settlement by describing your wrongful termination.
Therefore, with a settlement, you can generally only secure compensation. If you are also seeking your employer to admit that they were wrong in firing you, you must take your case to trial and prevail before a judge or jury.
At a trial, you only obtain monetary compensation if you win your case and the judge or jury agrees that you were more likely than not unlawfully fired.
The Financial Implications of Winning a Case
The compensation you can expect through a settlement or verdict can include compensation for lost wages. Compensation for pain and suffering is also possible if you prove that your unlawful termination caused you emotional distress. There may be limits on the amount of damages you can recover.
Punitive damages might also be available if the employer acted especially egregiously or heinously, such as by clearly and irresponsibly flouting well-established employment laws.
Factors Influencing Win Rates
No two wrongful termination lawsuits occur under the same facts. As a result, there can be a significant difference in the outcome even when the same employer is involved in both.
Every case depends on both the quality of legal representation involved in the case and the strength of the evidence showing that wrongful termination has occurred.
The Role of Legal Representation
Wrongful termination lawsuits and the employment laws they involve are complicated. Therefore, having experienced legal representation that has handled these cases before can make a significant difference in the outcome of your case.
There is a steep learning curve for lawyers who do not regularly practice on behalf of employees in wrongful termination lawsuits.
A skilled and experienced wrongful termination attorney will have the intimate understanding of the law necessary to successfully achieve a positive outcome in your case.
The Power of Evidence
No matter the skill of your attorney, your wrongful termination case cannot succeed if you do not have evidence to back up your assertion that you were illegally terminated. While witnesses can form part of the evidence of your claim, you will ideally want objective evidence that is difficult to refute. This could include:

Your employee file and performance reviews
Emails, text messages, and other communication relating to your termination
Hiring and terminating practices affecting other employees
Company policies and how these are disseminated

Some of these crucial pieces of evidence can be lost if too much time passes and measures are not taken to preserve them.
While an employer who intentionally destroys evidence may face consequences for doing so, unintentional or routine purging of email servers or voicemail records can make it difficult for you to prove your wrongful termination case and succeed.
The Power of Preparation: Winning Your Wrongful Termination Case
Wrongful termination cases do not succeed by accident. These are complicated, fact-driven lawsuits that require a great deal of investigation and preparation to succeed.
You must be prepared to support your wrongful termination claim with evidence and witnesses and be ready to respond to potential defenses that your employer may bring.
Once you have suggested through your evidence that your termination was wrongful, your employer will have a chance to respond. Your employer can win the case if they provide evidence that convinces the judge or jury that the termination was lawful. Such evidence might include:

You missed an unacceptable number of days of work;
You violated company rules and were terminated in accordance with company policy;
You committed a criminal act against your employer, and
Your performance did not meet acceptable standards despite assistance from your employer.

When you are prepared to present your claims and respond to your employer’s potential defenses, you are in the best possible position to negotiate a favorable resolution. Having a thoroughly investigated case places you in a strong position to prevail at trial, if necessary.
When to Seek Legal Assistance
Depending on the evidence available in your case and what you hope to achieve, there may be different ways to win your wrongful termination lawsuit. However, even if your employer fired you for an unlawful reason, proving this assertion is not always easy.
Succeeding in your wrongful termination lawsuit by verdict or settlement will largely depend on the quality and quantity of evidence you have available. Where you act quickly and can preserve emails, performance reviews, and other objective evidence, your chances of a favorable outcome improve. Conversely, cases that lack this and other supporting evidence will be more difficult to resolve successfully.
Having skilled legal counsel available to you throughout your wrongful termination lawsuit is key. Choosing a firm with successful experience litigating and settling these complex employment law matters can make a substantial difference in securing the evidence you need to win.
With decades of experience fighting on behalf of aggrieved workers and employees, the Florida employment law firm of Wenzel Fenton Cabassa, P.A. has a strong and proven track record of success. Our tireless legal team will fight aggressively to protect your rights and secure the justice you deserve. Contact us to schedule a free case evaluation with one of our wrongful termination attorneys.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### How the Obama Administration May Have Improved Your Job
Workers Rights Protected by New Federal Regulations
New federal regulations are here to protect employee rights. If you work for a company that does business with the federal government, you just might be seeing some changes. Under new rules and regulations laid out by the Obama Administration and the Department of Labor, workers’ rights are trumping the power of Corporate America.
New Regulations for Companies Receiving Federal Contracts
The proposed new rules will prohibit:

fine print on workers’ contracts that force workers with grievances out of court and into arbitration
corporations with repeated safety violations and wage theft accusations from receiving federal contracts

What New Regulations Mean for Employees
While it seems logical that corporations that egregiously endanger their employees and/or withhold money from their pay should be ineligible for federal contracts, this is currently not the case. According to the Department of Labor, out of the largest wage and hour violators, nearly two-thirds of them received federal contracts. Of the 50 largest safety violations, nearly 40 percent of those companies received federal contracts.
Automatic arbitration is something most employees don’t consider when signing a contract. Many, if they notice, are told a signature is required to work there or to keep their job. The worker sees no other options. What the worker doesn’t realize is that often these arbitrations are biased on behalf of the employer.
Arbitration means it’s impossible for workers to band together in what often is a successful legal strategy to take on big business — the class action or collective action lawsuit. While one employee’s claims are powerful, documented groups of claims are impossible to ignore. By making arbitration mandatory, companies are killing the class action suit.
Killing the class action suit also makes it difficult to prove legal claims like pay inequality, where a large group is needed to establish trends. For instance, an employee claiming she receives less pay for the same job than her male counterparts is an anomaly. However, fifty out of sixty-five female employees claiming the same thing is a perceived trend and a good case to argue pay inequality.
Another important thing to know about arbitration is that the Company that supplies the Arbitrator and the rules for arbitration is most likely selected by the employer. Even though an employee has a voice in which individual arbitrator is selected, it is clearly to the employer’s advantage to be the one selecting what rules apply and the pool from which the arbitrator is selected. It’s no surprise then that these arbitrators often side with the employers, and that means lower awards for employees. A study out of Cornell University found that in 4,000 arbitration cases where employees alleged workplace discrimination, arbitrators sided with employees only 21 percent of the time. In cour,t they won between 50-60 percent of the time.
Putting an end to forced arbitration through these new regulations is a very large step for civil rights and the rights of the worker. These new regulations follow another step forward in civil rights for the president and his administration. In the summer of 2014, he banned federal contractors from discriminating against gay workers.
Do you have a workplace discrimination case?
Staying on top of the rules and regulations involving workers’ rights is hard; that’s why if you think you’ve been discriminated against or your employee rights have been violated, you need someone knowledgeable in employment law. Contact Wenzel Fenton Cabassa, P.A., today. The initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How to Become a Whistleblower
The adage, “See something, say something,” is incredibly relevant when it comes to holding employers and other workers accountable for their behavior. If you discover that the company you work for or some of your fellow team members are conducting unethical or illegal deeds, you may feel compelled to take action.
Reporting the behavior will make you a whistleblower (or “whistle-blower”), but what is whistleblowing, exactly? Below, you will learn how to become a whistleblower, what that title entails, and what protections you have as a whistleblower under state and Federal law.
What Is a Whistleblower?
A whistleblower is a person who reports misconduct, illegal activities, or unethical practices within an organization. They usually work for the entity they are reporting, though they may be contractors or even external parties with access to information regarding the wrongdoing.
In any case, a whistleblower's actions are crucial in uncovering issues that may otherwise remain hidden, consequently holding businesses and their employees accountable for unlawful conduct.
As a whistleblower, you can report a variety of activities, including but not limited to the following:

Financial fraud
Safety violations
Environmental hazards
Discrimination and harassment
Corruption and bribery
Misuse of funds

For example, suppose you discover your employer is embezzling 401(k) money that should go to each employee’s tax-deferred account. These actions are illegal and could leave you and your coworkers without adequate funds to retire, ultimately impacting thousands of people in the process.
Fraud and fund misuse are precisely the kinds of unethical behavior you can report. By doing so, you will help foster a culture of accountability and integrity within these organizations, subsequently protecting yourself, your coworkers, and the community at large from the repercussions of unethical corporate behavior.
Understanding Whistleblower Protections

Blowing the whistle can be a daunting and stressful moment. After all, you do not want to alienate yourself from your team members, nor do you want to put your career at risk of retaliation.
Retaliation occurs when your employer penalizes you for engaging in legally protected whistleblowing activities, such as reporting unethical or illegal acts. There are several types of retaliation, including harassment, termination, demotion, and pay cuts.
The good news is that there are legal protections in place to safeguard whistleblowers from retaliation. For instance, the Whistleblower Protection Act (WPA) protects federal employees who disclose evidence of illegal or improper governmental activities by prohibiting retaliation against employees who report such misconduct.
The Dodd-Frank Wall Street Reform and Consumer Protection Act also offers additional financial incentives for individuals who report securities breaches to the Securities and Exchange Commission (SEC).
Alongside these is the Sarbanes-Oxley Act (SOX), which protects workers of publicly traded companies who report financial fraud. It includes provisions for back pay, reinstatement, and special damages.
There are also state-level protections to consider. For example, the Florida Whistleblower Act protects public and private sector employees against retaliation and termination for reporting unethical or illegal acts that their employers commit.
If you take action against your employer and face any form of retaliation, these laws may entitle you to compensation for lost wages and potential job reinstatement. It is vital that you seek legal representation right away. A skilled attorney can help you take appropriate legal action against the company you work for and determine whether you are eligible for compensation, such as back pay.
Can a Whistleblower Be Anonymous?
One key concern for potential whistleblowers is anonymity. Under the WPA and other relevant statutes, certain provisions allow you to report concerns anonymously. By keeping your identity a secret, you can reduce the risk of retaliation or negative consequences, especially if you intend to stay with the company you are filing a complaint against.
Some organizations have internal hotlines or anonymous reporting systems that allow employees to report misconduct without revealing their identity. Find out whether your human resources department offers such an option and use it to insulate yourself if you need to file a complaint. Outside of your business, certain agencies, such as the SEC, provide options for anonymous whistleblower submissions.
Remember that you may eventually have to submit to a deposition or testify in court, depending on the nature of the violation. As such, it is crucial that you seek legal representation anytime you are acting as a whistleblower. An experienced employer relations attorney can help you understand your rights and any potential risks you’ll incur as a whistleblower.
Steps to Becoming a Whistleblower
Below are the steps you will need to take before blowing the whistle on your employer:
Keep to Yourself and Gather Evidence
Detailed records will strengthen your case, so make sure you collect all relevant documentation to support your claims. Examples include emails, memos, reports, and photographs.
As you do so, however, you must not reveal your intentions to anyone you work with. You do not want word to get back to your boss that you are going to file a complaint. That is especially important to keep in mind if you are reporting criminal activity, as you might not know who is involved or who to trust.
Understand the Wrongdoing
Clearly identify the nature of the misconduct. Perhaps it is a matter of financial fraud, or maybe you have spotted several ongoing safety violations. Additionally, determine whether the activity impacts a few employees or the community. Understanding the specifics will help you report accurately.
You should also specify just how urgent the matter is. For example, suppose the company you work for has been dumping toxic waste into a nearby river. In that case, you must report the matter quickly to protect the general population.
Identify the Appropriate Agency
Identify the right agency to report to based on the type of wrongdoing at hand. For instance, you might report financial fraud to the SEC, while workplace safety violations could go to the Occupational Safety and Health Administration (OSHA).
Document Everything
Keep explicit records of all communications and actions you take, including dates, times, and the names of individuals involved. Even if you think a detail does not matter in the grand scheme of things, note it anyway. You never know what facts will be pertinent during a whistleblower case.
Seek Legal Advice 
Finally, before taking any formal steps, consult with an attorney with clear experience in whistleblower cases. They can guide you through the entire legal process.
Potential Consequences and Rewards
Blowing the whistle on your employer is an honorable but understandably difficult decision. Understanding the rewards and potential consequences of filing a formal grievance against your company for unethical or illegal behavior is important.
Potential Consequences
Despite the staunch legal protections in place, you may still face retaliation. Some forms of retaliation can be incredibly subtle, as unscrupulous employers might put you in no-win situations at work to justify firing or demoting you. Even if you do not face blatant retaliation, you may become alienated from your coworkers and supervisors.
As a whistleblower, you might face challenges in your professional life, including difficulties in finding new employment. High-profile cases can be particularly damaging to your professional standing, which is a big reason why many whistleblowers prefer to stay anonymous.
The stress and emotional toll of whistleblowing can also be significant, so it is essential that you prepare yourself for potential challenges regarding your well-being.
Potential Rewards
There are some monetary and moral rewards associated with whistleblowing. Some laws, such as the Dodd-Frank Act, offer financial compensation for whistleblowers who provide information that leads to successful enforcement actions.
Many whistleblowers also find personal satisfaction in knowing they did the right thing, even if it was not easy. You may find the intrinsic motivation of reporting wrongdoing to be worth the challenges associated with whistleblowing.
Reporting Misconduct

If you decide to proceed forward, you will need to file a formal whistleblower complaint. Prepare your report and include all relevant details, such as the nature of the misconduct and specifics regarding dates and times, then decide whether to report the incident internally or to an outside regulatory agency. Each agency has specific guidelines for submitting a complaint. Ensure you follow these guidelines to avoid delays or issues, and always keep a copy of your report and any related documentation for your records.
Do I Need a Lawyer to File a Complaint?
Though you do not necessarily need a lawyer when filing a whistleblower complaint, retaining experienced legal representation can be highly beneficial. A qualified attorney can help you understand the risks, rewards, and legal protections in place so you can decide the best course of action. They will also protect your rights throughout the entire process.
Seeking Legal Counsel
If you decide to become a whistleblower, do not attempt to walk that road alone. Consult with a qualified attorney to ensure you understand your rights and the protections available.
Wenzel Fenton Cabassa, P.A. is here to help if you need to report unethical or illegal employer contact. We will guide you through the process and protect your rights as a Florida whistleblower. Contact our team today for a free a case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How to Complete An FMLA Form For A Family Member
When faced with a serious illness or injury, it can be very difficult to know what steps to take to ensure you are well taken care of and adequate communication is relayed to your employer. To that , it can often be even more difficult to properly understand which avenues to take when dealing with a family member who has suffered health issues.
The U.S. Department of Labor has provided employees with the WH-380-F Form, which allows for a caretaker of an ill or injured family member to file for FMLA benefits.
In order to qualify for FMLA benefits, employees must be aware of the eligibility requirements prior to filing, which are as follows:

The employee must have worked a minimum of 1,250 hours within a 12 month employment period and worked 12 consecutive months.
The employer must be located within the U.S.
The employer must have a minimum of 50 employees that work within 75 miles of the work site.

If filing for a family member, be sure you have this information readily available.
Once you have reviewed the requirements with your family member and established their eligibility, be sure to contact the U.S. Department of Labor online, phone, or by simply visiting a local office and obtain Form WH-380-F. In completing this form, the involvement of the healthcare provider, as well as the employer, is required. It is the responsibility of the caretaker to provide any information requested of the family member that is incapacitated and incapable of completing the form.
Prior to submitting the completed FMLA form, be sure to review for accuracy to ensure the employer has all of the requested and required information to accept the employee’s request for benefits. All employees are generally entitled to the following once their request has been approved:

12 workweeks of leave in a 12 month period
The birth of a child and to care for the child within 1 year of birth
In placement and care of a child for adoption or foster care within 1 year of placement
The care of a spouse, child, or parent with a serious illness or injury
A serious health condition that makes the employee incapable of performing required job functions
An employee’s spouse, child, or parent who is on “covered active duty” and must meet qualifying requirements
Or 26 workweeks of leave in a single 12 month period to care for a covered service member with a serious illness or injury if the employee is the spouse, child, parent or next of kin (military caregiver leave).

For further references pertaining to FMLA requirements and forms, please visit the following websites:
FMLA Forms
FMLA Compliance

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How to Dispute a Failed Background Check in Florida
Negative information on a background report or credit check can sink your opportunity to land your dream job. As a result, employers in Florida routinely request that job applicants consent to one or more screening reports, especially if the job involves a position of trust or access to sensitive information.
When damaging information surfaces, the employer may rethink extending your job offer.
Unless you are diligent about checking your credit report and background report, you are most likely to learn about negative information from the employer.
Your employer highlights the negative information in your consumer report by providing you with a pre-adverse action notice and a copy of the report. This notice is your cue to review the information and take appropriate action to fix any inaccurate or false information.
You may wonder how to dispute a failed background check. It’s not always easy or quick; however, you must dispute incorrect information in your credit report or background report. While you may not be able to get this job, future Florida employers are also likely to come across the same information.
Fixing the incorrect information at the source, with the company that performed the screening report, helps ensure that future employers have a complete and accurate picture of who you are as a candidate.
Types of Incorrect Information on a Background Check
Knowing how to dispute a failed background check in Florida begins with understanding the types of inaccurate information that can surface on a background or consumer credit report. Understanding the most common information background and credit reports that get incorrect will help you know where to look when checking your report.
When you receive notification that your Florida employer is considering not hiring or retaining you because of a background report, you will also receive a copy of the background report your employer received. Again, this comes at no cost to you.
While your employer’s notification will summarize the negative information it is considering in making its decision, you should still review the entire report for other inaccuracies.
Some of the most common types of information found to be incorrect in background checks include:
Personal Information
Check to ensure that your name, date of birth, and Social Security number, if listed, are all accurate. You are ensuring the report does not belong to someone else or that someone has stolen your identity. Review your contact information, your employment history, and your address history.
Criminal History Information
Next, if the check includes information about your criminal convictions, make sure that those convictions are truly yours. If you do not recognize any, it may be possible that your name and record got crossed with another person at the data repository. It could also indicate that you have been the victim of identity theft.
Be alert for any convictions appearing on your report that you believe have been expunged from your record. While expungement is not an automatic process, it does limit who can see the expunged records.
If an expunged conviction appears on your record, you should speak with an attorney who can look into the matter further.
Credit Information
Third, review any credit information contained in the report. For example, ensure that all loans and credit products listed on your report belong to you and reflect an accurate payment status and balance.

You should be aware that credit obligations are often listed by the company that is financing the debt, not necessarily the company through whom you made your purchase.
Review any late payments listed in the report if these late payments are not correct or differ from your records, and dispute background check findings in the report.
Late payments, charge-offs, and other derogatory information on your credit report can lower your credit score, making it appear you are a riskier candidate or more open to financial coercion.
Process for Disputing a Background Check in Florida
What is the process for how to dispute a background check in the state of Florida? Once you have found inaccurate information in your report, the next step is to prepare and send a background check dispute letter to the screening agency.
You will want to do this as soon as possible after receiving notification from your employer about the failed background check.
The background check dispute letter need not conform to any specific format. However, at the very least, it should specifically identify the inaccurate information in the report.
In as much detail as possible, you should also explain why you believe the information is incorrect. In addition, including a copy of your report’s portion containing incorrect information can be beneficial.
Once the screening company is notified of your dispute letter, it will investigate to verify the accuracy of the information it is displaying on your screening report. It does this most often by contacting the company or source of its information and asking for verification of its records.
Once the reporting agency receives a response, it notifies you whether your report will be updated.
When you dispute background check information, there is no presumption of validity attached to your allegations of inaccuracies. Therefore, if you have documentation that supports your claim of inaccuracies, make copies and include those copies with your dispute letter.
Make sure to respond promptly to requests for additional information from the screening company.
If your dispute is decided adversely to you, you may have the right to have an explanatory note included with your report. This note will be provided to anyone who requests the background report in the future and informs them that you dispute the information’s accuracy.
While the report will still display the challenged information, an explanatory note can alert potential employers that you believe the information to be false.
Is a Florida Employer Required to Hold a Job During a Background Check Dispute?
Once you have received notification about negative information on your background check and you indicate your intention to challenge it, you may believe that the employer must give you an adequate opportunity to correct your consumer report.
An employer must indeed wait a “reasonable time” before taking an adverse employment action against you based on a consumer credit report or background check. But the employer need not hold the position or opportunity open for you until your dispute is finished.

The Fair Credit Reporting Act (FCRA) requires that employers send a pre-adverse action notice to you whenever it intends to take negative employment action against you because of a background report.
These adverse actions could include denying an opportunity for employment or declining to continue your existing employment. It must then wait a reasonable time after sending you the notice before actually taking action.
The FCRA does not:

Define a specific length of time as “reasonable.”
Require the employer to hold the position open for you until a reasonable time has passed
Wait until you have successfully disputed the inaccurate information with the screening company.
Refrain from interviewing other candidates until the “reasonable time” has passed.
Reinstate an offer if you successfully dispute your screening report

In other words, nothing within the text of the FCRA prohibits the employer from proceeding with its intended course of action, even if that course of action was initially premised on inaccurate information.
What Is Pre-Adverse Action and Adverse Action?
When negative information about you turns up on a credit report or background check, and the employer intends to act upon that information, you will receive both a pre-adverse action notice and an adverse action notice. Although these notices are related to one another, there are significant differences between the two.
A pre-adverse action notice alerts you that a background check completed by your employer has uncovered negative information. It also advises that the employer is considering taking adverse action against you. This notice should come along with a copy of the background report in question and a notice of your rights.
Armed with this information, you can file a background check dispute and seek to correct the negative information. You also have the opportunity to provide your employer with any information that mitigates, explains, or disproves the negative information.
It is important to remember. However, your employer is not obligated to correct your background report for you or to continue with the hiring process.
Once proper notification has been given to you and a reasonable time has passed, the employer can proceed with the intended course of action.
When it does, it must provide you with an adverse action notice. This notice serves to document that an intended adverse employment action has been taken and was based, in whole or in part, on information in your background report.
An employer must send out a pre-adverse action notice to you whenever it intends to take an adverse action, even if it is considering other actions, too. It must also send a pre-adverse action notice if the employer initially intends to take an adverse action but later decides against it.
Conversely, an adverse action notice is only required if and when the employer actually follows through with its intended course of action. For example, no adverse action notice is required if the employer decides to hire or retain you because none was taken.
When to Contact a Florida Attorney
Receiving a pre-adverse action notice can be an unpleasant occurrence, but it is a good opportunity to investigate the matter further and potentially correct the incorrect information. So how do you respond to a failed background check? Challenging the information as soon as you are alerted that such information exists is the best response.
Even with a Florida attorney’s help, disputing the information in your background check is no guarantee you will eventually receive the job you are after. However, disputing inaccurate information can put you in a better position for the next job to which you apply.
You may have legal recourse if your employer refuses to hire you based on a background check but fails to give you a pre-adverse action notice.
The pre-adverse action notice is statutorily required under the FCRA. Employers are mandated by law to provide it to you along with your background report so you can dispute information if needed.
If you believe your rights under the FCRA were violated or have questions about disputing inaccurate information in a background report, Wenzel Fenton Cabassa, P.A. can help. You can also contact us if you attempted to dispute the inaccurate information but believe employers ignored your compelling documentation.
Our experienced employment rights attorneys are well-acquainted with the provisions of the FCRA, and we will work to ensure the rights you are afforded under the FCRA are respected.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How to File a Discrimination Case Against Your Employer
Have you been discriminated against at work? Employment lawyers work hard each day to fight for employees that have discrimination in the workplace cases against employers. There are specific processes and statutes of limitations on discrimination cases. Therefore, it is in an employee’s best legal interest to consult a workplace discrimination lawyer as soon as possible to ensure that processes and time frames are properly followed, including submitting the appropriate documentation that makes your case the strongest it can be for the best possible outcome.
The <a “nofollow” href=”https://www.eeoc.gov/”>Equal Employment Opportunity Commission (EEOC) is the federal agency that handles discrimination claims.The types of employment discrimination cases they handle include EEOC complaints for:

Sex and Gender Discrimination
Pregnancy Discrimination
Religious Discrimination
Age Discrimination
Sexual Harassment
Race Discrimination
Disability Discrimination
Workplace Bullying Discrimination

If you are a federal employee, discrimination cases are handled differently. A majority of workers are covered under federal and state laws that protect their rights to be treated equally at work without fear of harassment, bullying, or other types of discrimination.
 
Filing a Complaint With the EEOC
EEOC complaints can be filed in several ways. They have an online portal that can be used to file a Charge of Discrimination. Discrimination in the workplace cases can also be filed in person at an EEOC office or a State or Local Fair Employment Practice Agency (FEPA). The federal agency also allows you to file a claim by mail. With all of these options, you do need to have certain information to file EEOC complaints.
 

When to File EEOC Complaints
The standard time limit that the EEOC gives for filing discrimination cases is 180 days. For states that have human rights laws of their own and have a work sharing agreement with the EEOC, this can be extended to 300 days after the discrimination takes place. This extension is allowed in Florida. You can complete a dual filing with the EEOC and the Florida Commission on Human Relations (FCHR). This dual (cross) filing needs to be communicated to the EEOC or the FCHR. It is always a good idea to consult an employment law attorney to ensure that the appropriate processes are followed.
Federal employees typically do not have as much time to file discrimination cases, so expediency is crucial, or the statute of limitations may run out.
 
What Information is Needed to File
The information you provide is central to the strength of your employment discrimination cases, including basic information such as:

your name,
address,
phone number, and
the same type of information for your employer

 
The rest of the information includes:

details of what happened, who discriminated against you,
when it happened,
where it happened, and
if there were any witnesses such as other employees that were present during what happened

 
This applies to all types of EEOC claims from age and race discrimination to pregnancy discrimination, and others. Any associated documentation that you have that is relevant to the case should be saved and brought to your legal consultation with the employment law attorney. The more details and documentation that you have, the better. But even if you do not have a tremendous amount of documentation at hand, you should still consult an attorney. They can advise you to help you make the best decision in filing discrimination cases.
 
Potential Resolutions of Discrimination Cases
No one deserves to be discriminated against in the workplace. All workers should be treated equally and with respect. But when it does happen, there are several potential resolutions of discrimination cases. After your claim is investigated, the EEOC makes a decision on the matter. If the EEOC establishes that discrimination did occur, the employer will be asked to conciliate- or agree to try to work out settlement of the matter. The employer may agree to:

Reinstatement of the job if you had been fired for making a complaint about the discrimination
A promotion that should have been yours if you had not been discriminated against
Compensation including back pay and front pay
Other additional damages as deemed appropriate for the situation

If you are not able to work things out at that time, you may file a lawsuit against the employer provided you meet the strict time frames for doing so. Conversely, if the EEOC finds there is “no cause” to believe a violation occurred, that is not necessarily the end of the road for you. Speak to an experienced employment attorney who can advise you whether you have a viable claim- you can still file a lawsuit even if the EEOC issues a no-cause. And lastly, if the EEOC does not make a decision within 180 days of filing your charge, you may bring a private lawsuit- that is a decision you will want to discuss with counsel. There can be a wide range of compensation when EEOC complaints are resolved. Employment lawyers understand how to present the information to make your case as strong as possible.
 
Contact an Employee Rights Attorney
The employment and labor law attorneys at Wenzel Fenton Cabassa, P.A. fight diligently and aggressively when employers violate the law and discriminate against their employees. We understand the effect that it can have on a career and in your personal life. It can not only be difficult and stressful to you personally and career-wise, dealing with discrimination and possible retaliation like being fired from your job can greatly affect your family and your financial future. We are here to help.
Contact us today to set up a free, confidential case evaluation. We have worked with thousands of people across Florida hold their employers accountable and get the compensation they deserve.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How to File a Whistleblower Complaint
Employees who do the right thing in reporting unsafe or illegal actions by their employer are often subject to being fired, demoted, or other types of retaliation. Filing a whistleblower complaint serves to protect your legal rights as an employee when you have been the victim of whistleblower retaliation. There are specific steps that need to be taken to file a whistleblower complaint correctly.
When to File a Whistleblower Complaint
The time frame for filing a whistleblower complaint varies from 30 days to 180 days, depending on legislation. According to OSHA, “the time frame for filing a complaint begins when the adverse action, such as a firing, occurs and is communicated to the employee.”
Due to these short statutes of limitations, it is advisable to consult with an employee rights attorney as soon as possible after the retaliation. They can advise and assist with the whistleblower complaint to make as strong of a case as possible.
Where to Go
The Occupational Safety and Health Administration (OSHA) is the federal agency that handles the vast majority of whistleblower complaints. OSHA lists 20 plus statutes that cover varying forms of retaliation, and each of them has a different time frame for deadlines in filing a claim. Some of the legislation administered by OSHA includes:

Consumer Financial Protection Act (CFPA)
Sarbanes-Oxley Act (SOX)
Clean Air Act (CAA)
Section 11(c) of the Occupational Safety and Health Act (OSH Act)
Surface Transportation Assistance Act (STAA)
Affordable Care Act (ACA)

There are also numerous other whistleblower protections that are not administered by OSHA and would not require a filing with OSHA, such as the Florida Private and Public Whistleblower Acts.
What You Need
Similar to other areas of employee rights, the more information that you have, the stronger the case. This listing of what you need is not necessary to file a whistleblower complaint, but it can make a difference in the outcome. Even if you do not have some of the items on the list, it is still prudent to consult with an attorney. You may have a stronger case than you think. Here are some items that are helpful to investigators who are looking at the details of your case for whistleblower retaliation.

Copies of relevant documents related to your case such as letters, meeting notes, text messages, emails, activity logs, work orders, phone records, or other documentation that is legally acquired
Documentation of additional complaints that are relevant to your claim
Copies of disciplinary actions and hiring and termination letters
Documents of other proceedings including EEOC complaints
Names, titles, and contact information for the individuals who made the decisions detailed in the whistleblower retaliation complaint
Copies of your last five pay stubs
Other relevant materials

As mentioned above, it is not required to have all of these, but obtaining and retaining what you can to support your claim will improve your chances of success.
Ways to File
OSHA offers several options to file a whistleblower complaint. These include:

Using the online whistleblower complaint form
Calling your local OSHA Regional or Area office on the telephone to discuss your complaint
Visiting the local OSHA Regional or Area office in person
Using email, mail, or fax to send your whistleblower complaint, including your name, address, email, and telephone number so officials can follow up with you

What Happens After You File
After the whistleblower complaint is filed, there will be an interview to discuss the information to determine if an investigation is needed. When a strong case is filed in the beginning, this will increase the likelihood of an investigation. If OSHA decides that an investigation should occur, they will move forward with the review and contact the employer and witnesses if needed. The investigation will be thorough, and they may contact you with requests for additional information.
If the evidence supports that there was, in fact, retaliation, the possible outcomes include job reinstatement, back pay, and benefits, as well as additional remuneration if appropriate.
Remain Diligent and Patient
Thorough investigations can take some time, so it is important to remain diligent and patient. If the investigators request more information, be sure to follow up with them promptly to move the process along. Remaining calm and patient throughout the process will help to reduce your stress levels while you are waiting for a decision.
As mentioned above, having the most robust case with supporting information to back up the claim when it is filed makes a significant difference in the outcome. Consulting with an employment law attorney before initiating the complaint process or at least in the very early stages can help you make the best legal decisions for your situation.
Doing the right thing by reporting unsafe or illegal activity by an employer is not easy. But whistleblowers serve a crucial role in both the private and the public sectors. Whistleblowers have the right not to be retaliated against for doing the right thing, and legislation that is in place o protects your rights, your career, your financial future, and your family.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### How to File an FLSA Unpaid Overtime Claim in Tampa
Cases of unpaid wages will very likely rise later this year, after a recent Department of Labor (DOL) rule changed the minimum requirements for overtime exemption. Florida employees — brace yourselves for changes which may mean that you are entitled to overtime pay even if you were previously exempt from the overtime provisions of the wage-hour laws.
Changes in the Fair Labor Standards Act, the federal law which governs minimum wage and overtime eligibility, which significantly alter the overtime provisions of the Act, take effect on December 1, 2016.
Beginning this December, if you are paid a salary, the minimum salary needed to be considered exempt from overtime will be raised from $455 per week to $913 per week or $47,476 annually. If you would otherwise be exempt (not entitled to overtime) because you are considered exempt under what are referred to as the executive, administrative, and professional exemptions, as well as exemptions extended to certain sales functions, computer and technical positions, and other highly skilled trades, you may be eligible for overtime if the increased salary test is not met. If you are now below the minimum weekly salary amount and no other exemptions apply to you, then one of two things must happen on December 1, 2016:

Your salary must either increase to $47,476 or
Your employer must pay you for the overtime premium for all hours worked over 40 in a workweek

Policy statements explain that the new salary requirements take effect on December 1, 2016, to combat the prevalence of “overworked” employees in America. As one of the hardest working nations in the world, Americans deserve to be compensated for dedicating long nights and weekends away from family and friends to support the success of businesses in this country.
If you are not being paid overtime, then learn more about filing an unpaid overtime claim in Tampa below.
How does the new DOL overtime rule affect unpaid wage claims?
Many employment lawyers and legal experts predict the new FLSA overtime exemption rule will raise the number of wage and hour unpaid overtime claims beginning this December. That is because, despite the new regulations, many employers will fail to reclassify employees as non-exempt.
This predicted trend of increasing FLSA cases due to the new overtime exemption rule is consistent with the increasing trend of FLSA cases for reasons unrelated to this particular change in law. According to GCN, “FLSA lawsuits have increased 400 percent in the last 15 years, and FLSA violations have been found in 79 percent of agency-initiated investigations.”
Why are collective action lawsuits common with unpaid overtime claims?
The truth about unpaid overtime is that it commonly affects not just you, but many employees at once. The practice of not paying overtime or misclassifying as exempt is often seen across the board in companies. This means that if you are not being paid overtime, then chances are, neither is your co-worker.
The wage-hour laws provide a unique approach to wage claims that involve more than one employee. A “collective action” may be brought by one or more employees on behalf of themselves and also those who are also subject to the same pay policy, resulting in unpaid minimum wage or unpaid overtime premiums. There is strength in numbers.
How do I make a wage and hour unpaid overtime claim in Tampa?
It’s important to speak to an experienced employment law attorney to prepare your FLSA unpaid overtime case. If your employer refuses to pay you the overtime you are owed, then you are entitled to your unpaid wages and may be eligible for additional damages and payment of your attorney’s fees and costs. If your employer is not paying a group of employees the minimum wage or overtime wages owed, you may find yourself in a unique position to vindicate not only your rights but the rights of your co-workers. When hiring an employee rights attorney to collect your unpaid overtime, you may be understandably concerned about the costs of the litigation. If you are the prevailing party, the law provides that the employer is required to pay any reasonable attorney fees in addition to the wages you were owed.
Do you need help filing an FLSA unpaid overtime claim in Tampa?
The best thing you can do for yourself or anyone you know who is affected by unpaid overtime is to seek the advice of an experienced employment law attorney. Contact Wenzel Fenton Cabassa, P.A., for a confidential case evaluation today.

SOURCES:
New FLSA Overtime Rule Will Impact Employees
How to File a Wage and Hour Unpaid Overtime Claim

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How to File an Unpaid Overtime Claim in Florida
But if you’re a non-exempt employee and work more than 40 hours in a workweek, under the Fair Labor Standards Act (FLSA), you are required to be paid 1.5 times your regular hourly wage for each hour you work over 40 hours.
In addition, in Florida non-exempt employee rights are protected under Section 24 of Article X of the Florida Constitution. This section ensures that non-exempt workers are guaranteed a minimum wage ($8.25 an hour in Florida) and that there’s an annual increase in the Florida minimum wage (for example, last year, the Florida minimum wage was $8.10 an hour).
Your employer may try a number of different tactics to avoid paying you overtime, including attempting to classify you as an independent contractor or as an exempt employee. They may put you on “salary” and then tell you that means you are not eligible for overtime (in some but not all cases, that will be true). They may also try to convince you that you are not eligible to collect overtime pay because the statute of limitations ran out. However, this is not the case, unless it’s been two years (or three years if your employer willfully violated the law). Not only can you legally collect back wages, but you may also be eligible to receive damages from your employer.
What Steps Can You Take to Collect Unpaid Overtime in Florida?
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If you believe your employer owes you overtime pay under the standards of the FLSA, or Florida law, you need to determine whether you are a non-exempt employee. Generally, if you are paid an hourly wage, you are classified as non-exempt. For example, under the FLSA, first-responders, such as paramedics or police officers, are provided overtime protection. In addition, such positions as factory and construction workers, cashiers, customer service reps, and secretaries are typically classified as non-exempt.
Once you’ve determined that you’re a non-exempt employee, you have the option of filing a civil claim with the Florida state court system in the form of an unpaid overtime lawsuit. You also have the option of contacting the Department of Labor. Regardless of what you decide to do, it could be in your best interest to speak with an experienced employment attorney before taking action.
If you decide to take action, either in the form of filing a complaint with the DOL or pursuing a lawsuit for unpaid overtime in Florida or back wages against your employer, under Florida law you must first provide notice to the employer (although you may be better served by seeking legal counsel before taking these steps since many employers will unlawfully retaliate against you for making a demand for unpaid wages).
The notification should explicitly state that you plan to bring a civil suit against your employer or file a complaint with the DOL. In addition, the notification must:

include information on the overtime wages you feel you are owed,
the dates you worked overtime,
the hours you worked on those dates, and
the total amount you are owed

 
Upon receiving notification, the employer has 15 calendar days to respond. They must either pay the total amount included on your notification or settle the dispute to your satisfaction. If you are not satisfied with your employer’s proposed resolution, you can decide whether you want to file a lawsuit. The FLSA does not contain a similar notice requirement.
 
If you decide to pursue a lawsuit, you can work closely with an experienced employment attorney to bring your case to court. If you do so, a judge will determine whether you are entitled to receive unpaid overtime wages and in what amount. When you work with an attorney to present your case, you will have to:

document that you worked for a covered employer,
establish that you are entitled to receive overtime wages at one and a half times your regular hourly rate,
establish that you worked for your employer during the dates you specified (and within the applicable 2 or 3 years preceding the filing of the lawsuit), and
establish that your employer did not pay you the overtime wages you earned

 
If the judge rules in your favor, he or she may require your employer to pay you:

Your unpaid overtime wages
Attorney’s fees and costs
Liquidated damages not more than the amount of your unpaid back wages
Equitable remedies such as restoring your position (if you were terminated) or issuing an injunction against your employer so that they refrain from the type of conduct meted out against you

 
In addition, if you decide to file a complaint with the DOL, its Wage and Hour Division (WHD) will investigate your claim. When you do so, the information you provide will be confidential, unless the DOL decides to pursue legal action against your employer. In filing a complaint with the DOL, you will need to provide the following information:

Your name
Your address and phone number
Name of the company you work or worked for
Location of the company
Name of supervisor(s) and/or owners
Your job title and work you did
When and how you were paid

 
Additionally, you may be asked to provide a record of the hours and days you worked, pay stubs, and any other documents that could provide insight into your employer’s pay practices.
If the WHD determines that you have a case, the Secretary of Labor can pursue legal action against your employer under the FLSA. You also have the option of pursuing the claim on your worn, through a private lawsuit. Similar to the penalties under Florida law, the Secretary of Labor can hand out fines, civil penalties, and even imprisonment if it’s determined that your employer repeatedly or deliberately violated the FLSA.
What If Your Employer Attempts to Take Action Against You?
Under the FLSA and Florida law, you are protected if you did not receive the overtime compensation you are owed. By law, your employer is not permitted to retaliate against you or terminate you if you provide notice to them about the unpaid overtime wages and then file a complaint with the DOL or pursue a civil suit against them.
If you want to protect your rights, particularly if your employer has taken adverse action against you, it’s in your best interest to hire an experienced employment attorney. Not only can he or she provide expert counsel, but you will also greatly improve your chances of winning your case or claim. Your attorney will know what evidence to present and will be able to handle all legal procedures.
If you haven’t been paid the overtime wages you are owed by your employer, you are protected under the FLSA and Florida law. To learn more about your overtime rights, overtime exemptions, and how to keep overtime records, download our Overtime, Minimum Wage and Unpaid Wages guide.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### How to File an Unpaid Wages Claim in Florida and Recover Your Back Pay
Has your employer failed to pay you the wages you’ve earned? If so, under federal and Florida labor laws, you may have the legal right to recover those wages along with liquidated damages designed to penalize your employer for wage violations. In addition, you may also be entitled to court costs and attorney fees.
 
You may have a wage claim for any of the following reasons:

You weren’t paid the legal minimum wage rate
You didn’t receive a final paycheck after leaving your job
You were required to work through breaks
You weren’t compensated for earned vacation time
You weren’t paid bonuses owed to you
You weren’t paid commissions owed to you

Before moving forward, it may be in your best interest to consult an experienced employment law attorney who can help determine whether you should pursue a lawsuit against your employer.
Your Employer Failed to Pay You the Wages You Are Owed
Under the Fair Labor Standards Act (FLSA), which legislates minimum wage and overtime eligibility standards, you are entitled to be paid the highest minimum wage, whether it’s the federal, state, or local rate. In Florida, the current minimum wage is $8.10 per hour; though it will rise to $8.25 per hour in January 2018. Conversely, the federal minimum wage is $7.25, so if you work in Florida, you should be paid the Florida minimum wage rate. There are a few exceptions, including West Palm Beach, where individuals who work for the city are paid more than Florida’s minimum wage rate.
When determining how much your employer owes you in back pay, simply figure out the difference of what you were actually paid per hour compared to what you should have been paid. Next, multiply that amount by the hours you worked. For example, perhaps your employer paid you the federal minimum wage rate, rather than Florida’s minimum wage rate. Say you worked 70 hours over a two-week pay period. The difference ($8.10 – $7.25) would be $0.85, which you would multiply by 70. So you would be owed $59.50 for that pay period.
On the other hand, if you work for tips, your employer is entitled to pay you a lower hourly wage (in 2017, $5.08 is the minimum in Florida, and it will increase to $5.23 in 2018). However, you have to make enough money in tips to at least reach the Florida minimum wage rate. If you don’t, your employer is required to pay the difference.

Your Employer Failed to Pay You Overtime
Although Florida does not have an overtime law, the state’s employers have to abide by the federal overtime standard. This means that under the FLSA they are required to pay nonexempt employees time and a half if they work more than 40 hours in a given workweek.
If your employer only pays you your regular hourly rate, but you worked more than 40 hours in a week, you are entitled to whatever comes out to 50% of your hourly wage. For example, if you are paid $9 an hour, you should be paid an extra $4.50 an hour ($13.50) for each overtime hour you work. So if you work 48 hours in a given week, you should receive $468, rather than $432.
Other Examples of Compensation You May Be Able to Collect From Your Employer
If your employer chooses to provide breaks during the workday and you have to work through those breaks, under federal law you are entitled to be paid for them. For example, if you work at your desk while you eat your lunch, you are entitled to be compensated for that time. In addition, if you weren’t compensated for breaks, make sure you add the time up because it could boost your total weekly hours above the overtime threshold. Thus, you will need to be compensated accordingly.
In some cases, the same holds true for bonuses. If your employer promised you a non-discretionary bonus, which is tied to employee performance, you are entitled to that bonus if you satisfactorily completed the work. However, if your employer said they were going to give you a discretionary bonus, such as a Christmas bonus, which is essentially a gift, you generally have no legal recourse to collect that bonus. The same holds true for commissions: If you can prove you earned the commission, you should be able to recover it as part of unpaid wages. However, if you were separated from your job before the commission was fully vested, it will likely be more difficult to recover.
If you leave your job and you have accrued vacation time not taken—that is, as long as your employer has a written policy or contract that promises payment for that vacation—you may be able to collect payment for that time. Florida labor laws specify that if vacation “is promised by implied or express contract,” it must be “compensated in accordance with the employer’s accrual plan.”

Steps to Take to File an Unpaid Wages Claim in Florida
Once you determine that your employer owes you unpaid wages, you need to take the following steps, if you want to make a claim under the Florida Minimum Wage Statute (F.S. § 448.110).

Notify your employer in writing that you plan to bring a claim against them. In the notice, you must state that you are requesting unpaid wages, the dates and hours of the unpaid wages, and the total amount your employer owes you.
Your employer then has 15 days from the time you submit the notice to pay your claim or settle the claim to your satisfaction.
An attorney can assist you with these steps and follow up with you should the employer fail to pay the amount owed by filing a lawsuit against your employer.

To make a claim under the Florida Minimum Wage Statute, you have to file a lawsuit within four years of when the violation occurred or five years if the violation was willful.
Conversely, you don’t have to notify your employer if you file a lawsuit under F.S. § 95.11(4)(c); however, you only have two years to file, as opposed to four or five years. And you also won’t be able to collect liquidated damages.
In addition, under the FLSA, you have to file your lawsuit within two years of the date of the violation (or again, when you learned of the violation) or three years if the violation was willful.

What Are Employer Penalties for Unpaid Wages?
If you decide to pursue a lawsuit against your former employer under the FLSA, you may be able to collect penalties in addition to back pay. In Florida, if your employer violates the state minimum wage law, you could receive liquidated damages in the same amount as your unpaid wages, civil money penalties, and attorney’s’ fees and court costs.
So, for example, if you are owed $500 in unpaid wages, you could receive an additional $500 in liquidated damages. However, for you to receive liquidated damages, you must notify your employer of your intention to sue (see above).
You can also receive liquidated damages under the FLSA if your employer neglects to pay you overtime. So if you are owed $1,000 in overtime pay, you could be eligible for $1,000 in liquidated damages.
Additionally, under the FLSA, employers can be penalized for retaliating against you for filing a complaint with the DOL or because you are participating in legal proceedings under the FLSA.
Contact an Unpaid Wages Attorney in Florida
If you’ve been denied the wages you are owed, obtaining legal counsel prior to filing a claim can be very beneficial. An experienced Florida wage and hour disputes attorney can assess the evidence and determine the proper strategy before deciding which course of action to take regarding your unpaid wages claim. In addition, an experienced attorney can ascertain whether you’ve been discriminated against or been subject to a breach of contract.
At Wenzel Fenton Cabassa, P.A., we know you work hard for the money you’ve earned. So if you haven’t received the wages, overtime pay, bonuses, or commissions you’re legally owed by your employer, one of our experienced employment law attorneys can help. Contact us today. The initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How To File for Unemployment and Get It
Have you found yourself unemployed? Not sure how to file for unemployment benefits?
Here’s what you need to know to get the process started and get back on track.
Am I Eligible for Unemployment Benefits in Florida?
One of the most common questions from those who have just lost their job is, “Do I qualify for Unemployment Benefits?”.
If you’ve been terminated through no fault of your own, you may qualify.
Being fired because of company “cut-backs” or the job just “wasn’t a good fit” may qualify you for benefits. However, if your termination was due to misconduct, the chances of receiving unemployment benefits may be difficult.
Requirements for eligibility vary from state-to-state, so be sure to check with your state’s unemployment office to find out what they are.
 
Filing for Unemployment Benefits? Get Organized.
When filing for unemployment, having the right information on hand will make the filing process much easier and improve your chances of garnering benefits.
Some examples of information you should have on hand,

Mailing address, including zip code
Phone number
Driver’s License number, if available
Name, Address and Phone Number of your last employer
Employer’s Federal ID number, located on your pay stub or W2)
Date employment began and date it ended
Your salary or hourly rate of pay

Any information you can collect and have on hand regarding your former employer will assist you in the filing process.
Also, prepare yourself for any questions that may be asked regarding the reason for your termination. Including, if you were owed vacation or holiday pay at the time of your termination.
Filing for Unemployment Benefits
The first step in filing for unemployment is contacting your state’s unemployment office. In the state of Florida, you can file online by visiting, www.floridajobs.org.
Filing online offers you the convenience of:

Filing for benefits weekly or biweekly
Check the status of your claim
Check the remaining balance of your benefits

Online filing also offers detailed information regarding the filing process, what to expect and whom to contact if you should have any questions.
You also have the option of accepting your benefits via check, debit card or direct deposit.
Keep in mind some states require that you continue to seek employment throughout the benefits process. Florida offers work search assistance online to make it easier to get back to work.
 
Moved and Seeking Unemployment
Did you work remotely from another state? Or, did you move from the state in which you worked?
Don’t worry. You can still file for unemployment benefits.
You can contact the Unemployment Office in the state in which you worked. Or, you could simply contact the Unemployment Office in the state in which you currently reside. They can assist in providing you with information as to how to file your claim due to your situation.
Help is available.
My Unemployment Claim Was Denied
If you’ve gone through the unemployment process and received a denial claim, all is not lost.
You can file an appeal. Although, that doesn’t guarantee that your benefits will be granted the second time around.
Before filing for benefits, do your due diligence to make sure you qualify. If you have evidence supporting your claim, it’s imperative that it’s presented when filing for benefits and also through the denial process.
For more information regarding the denial process, be sure to contact your state’s unemployment office.
Start the Unemployment Process
Finding yourself suddenly unemployed and not knowing where you’re next paycheck is coming from or how you are going to put food on the table can be overwhelming and stressful.
Unemployment benefits were designed to help you get back on your feet and give you some peace of mind.
So, utilize them. Contact your state’s Unemployment Office to get the process started today.
If you’ve been wrongfully terminated, contact Wenzel Fenton Cabassa P.A. We’ve got the expertise to fight for your rights and seek the damages you deserve.
CONTACT US IF YOU HAVE EXPERIENCED WRONGFUL TERMINATION
Because we are a contingency law firm, we do not offer representation for unemployment claims – nonetheless, the information we have provided, including our free ebook on wrongful termination, should assist you in filing.  However, if your unemployment situation is a result of wrongful termination, unemployment compensation may not be your only recourse. Contact our law firm to discuss your employment law situation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How to Find an Employment Lawyer
Employment law spans many topics, from contract disputes to discrimination lawsuits and everything in between. Employment lawyers have the tools and knowledge to address these cases and litigate in your favor.
However, searching for the right employment lawyer can often pose hurdles if you’re looking for a quick case evaluation on a job-related matter or need legal assistance to file a lawsuit in federal court. When you put your trust in the hands of an attorney, you’ll want to make sure they can meet your needs. Finding an employment lawyer may be the first step in your legal journey.
What Is an Employment Attorney?
A common question many people ask is, “What is an employment lawyer?”
Employment attorneys specialize in various legal topics that typically arise in workplace situations. Employment law encompasses many types of circumstances and disputes, including:

Breach of employment contracts
Wage claims and salary disputes
Problems with employment policies and procedures
Workplace discrimination and harassment
Occupational safety and health violations
Americans with Disability Act (ADA) violations
Wrongful terminations

Given the broad range of topics, employment law attorneys have experience dealing with numerous state and federal agencies and the respective laws that correspond to workplace practices and regulations.
When it comes to most employment lawyers in Florida, these attorneys likely work alongside these governing bodies, depending on the issue at hand:

Equal Employment Opportunity Commission (EEOC)
Occupational Safety and Health Administration (OSHA)
Florida Commission on Human Relations (FCHR)
Florida State Courts

These state and federal authorities enforce and oversee workplace laws and their related matters. Whenever an employment law claim is filed, these agencies may be involved as part of the legal process.
Thus, there are many moving parts to employment law beyond the typical courts, and employment law attorneys are equipped with the knowledge to represent clients across a wide range of matters.
So, what is an employment lawyer? An employment lawyer is your best asset in navigating the legal processes required to protect your rights.
Learning more about how employment law works, the functions of employment lawyers, and how you can proceed with a claim can help you make the right choice when hiring legal counsel.
What Does an Employment Lawyer Do?
Employment law attorneys represent employees, employers, and unions in work-related disputes. As such, labor law employees spend the bulk of their time researching the many laws, statutes, and codes that relate to workplace practices.
Additionally, employment attorneys draft and file pleadings, litigate claims, and participate in mediation-related activities to resolve cases.
When representing employees and employers, labor attorneys can work to advise on topics including:

Fair and equitable employment policies and procedures
Legal compliance with company regulations
Human resources administration
Bringing forward lawsuits
Filing civil rights violation claims
Alternative dispute resolution, including negotiation, mediation, and arbitration
Training and awareness for staff and personnel

In many cases, employment lawyers are involved in drafting and negotiating contracts for employers and employees. In other cases, they may handle allegations of workplace misconduct, contractual violations, financial discrepancies, and other disputes.
When representing workers, some of the most common cases labor lawyers handle involve wrongful termination. Wrongful termination is an illegal practice that can stem from various reasons. Employees who feel their rights were violated may seek recourse through the courts or other governing bodies to hold their employers accountable.
Overall, employment lawyers represent many types of cases, such as:

Discrimination against a protected class
Violation of a public policy
Family or medical leave violations
Wage theft or underpayment
Failure to meet contractual obligations
Wrongful terminations
Whistleblowing
Health and safety violations
Workers’ compensation claims

Each branch of law has unique nuances and systems in place. Whenever you’re involved in any labor-related issue, a specialized employment lawyer will be your best bet in obtaining the legal help you need and finding a solution.
Common Types of Employment and Labor Law Issues
Though many issues can arise between employers and employees, the most common cases that labor attorneys handle tend to fall into several categories:
Civil Rights Violations and Discrimination
Sadly, though many federal and state laws prohibit and discourage discriminatory practices at work, thousands of discrimination claims are filed yearly.
Discrimination is any unjust or prejudicial treatment of an employee based on their characteristics or personal life choices. Some categories that are legally protected against workplace discrimination include:

Disability
Age
Gender and sex preference
Sexual orientation
Race or ethnic background
Religion and beliefs
National origin
Pregnancy

The Civil Right Act of 1964 laid the foundation for federal protections against workplace discrimination. Since then, many more laws have been passed to protect workers from hostile work environments.
Discrimination may be a reasonable claim whenever an employer uses a protected category as the basis for making workplace decisions. Some of these situations include:

Hiring and firing
Promotions or demotions
Health and retirement benefits
Reassignment of roles
Harassment and bullying

In Florida, employment attorneys handle most workplace discrimination cases and will file claims with the appropriate state or federal authorities to hold the violating parties responsible.
An employment discrimination attorney can represent victims throughout the claims process, which generally involves gathering thorough evidence to present a strong claim.
Unfair Compensation and Wage Disparity Claims
Another common labor law issue for many workers across Florida is unfair compensation. Many times, employers will illegally withhold or deduct wages from a worker’s paycheck for reasons including:

Unapproved overtime
Punishment for mistakes or misconduct
Retaliation
Improper reporting of breaks and lunches

Florida employees are protected under the federal Fair Labor Standards Act (FLSA), and employers must legally pay all wages regardless of any conflict of interest. Whenever an employer fails to comply with FLSA standards, an employment lawyer may be the only way to hold these individuals accountable for wage violations.
Family and Medical Leave Act Enforcement
Another federal provision that protects employees is the Family and Medical Leave Act (FMLA). This law provides certain employees up to 12 weeks of unpaid leave per year to deal with particular situations like:

Birth of a child
Care for a newborn
Placement of a child in foster care
Adoption-related matters
Caring for family members with serious health complications
Extended time off for personal serious health conditions

Whenever an employer fails to provide the legally mandated time off or fires an individual who needs medical leave, employment lawyers can help.
Minimum Wage Disputes
Across Florida, employers must pay their workers the legally established state minimum wage of $11 per hour (as of September 30, 2022) and associated overtime compensation whenever applicable.
All Florida employers are required to pay these minimums and may not deduct work-related expenses from a worker’s paycheck, such as the cost of uniforms, cash shortages, breakages, and spills. Workers cannot be forced to work for tips to make up for lower hourly wages.
Employment law attorneys can help recover the lost wages of employees subject to minimum wage violations and even seek compensation for additional losses that result from these illegal operations.
Breach of Employment Contract
The most common legal issue associated with work contracts is known as a breach of contract.
Breach of contract happens when an employer violates any term within a contract. This often happens through invalid demotions and terminations or failure to provide an employee with agreed-upon breaks, vacation time, or pay raises. Employers are legally bound to comply with a contract that includes clauses and provisions.
A breach of contract is eligible for various legal claims, including a lawsuit. An employment attorney can help review the terms of an agreement and determine how to proceed legally. Often, attorneys may be tasked with ensuring that a contract is enforceable in court before proceeding with a claim.
Compensation for Employment Violations
In most Florida employment complaints, there are several remedies that an attorney can help securely. Depending on your situation, some of these corrective measures may include:

Financial compensation for losses, which may involve seeking punitive damages
Restoring your position after a wrongful termination
Granting you access to promotions and other benefits
Disciplinary actions against your employer

A Florida employment attorney will review your case to determine the best possible outcomes and whether compensation is possible as part of their action plan.
Steps to Find the Best Employment Lawyer for your Case
When you look for a lawyer to represent your employment matter, you’ll want to ensure they specialize in the case you’ll be filing.
Some employment lawyers may be more adept at handling contract violations, while others may deal solely with civil rights cases. When you consult with an attorney, ensure they have a strong track record of representing clients in similar claims as yours.
Most attorneys offer a free initial case evaluation. As such, scheduling a few meetings with different attorneys before making your choice is an excellent idea. Careful consideration can go a long way in ensuring you choose the right employment attorney to handle your matter.
When to Contact an Attorney
Because employment attorneys deal in many different matters, certain situations are likely to require legal assistance:

You believe you were discriminated against
Your employer terminated you under unlawful terms
Your company breached part of your contract
You’ve been the victim of wage violations
You suffered harassment to the point that it led to a hostile work environment

For many workers, navigating employment law can be complex, and a seasoned employment lawyer is essential in helping you do so. If you’re unsure what to do, it doesn’t hurt to contact an attorney to discuss your situation.
Benefits of Hiring an Employment Attorney
While you can handle many employment matters without legal representation, hiring a lawyer means hiring a professional who can cover all the bases.
Employment attorneys know the ins and outs of federal and state employment laws and will fight to represent your best interests. When it comes to prosecuting a case or preparing a claim, attorneys can:

Conduct research
Write and file pleadings
Interview witnesses
Hire experts to assist in your case
Negotiate terms with opposing counsel
Participate in mediation and alternative dispute resolution
Review and enforce contracts
Represent you in a jury trial

Employment cases involve many legal elements at both the state and federal levels. Depending on your unique circumstances, these cases can often become complicated and stressful to navigate, especially when litigation is involved. Hiring an employment law attorney can give you the peace of mind you need while you resolve your matter.
Get Help Today
Wenzel, Fenton, and Cabassa P.A. represent employment claims across Florida. Our team of specialized employment attorneys is dedicated to helping clients fight against unfair employment practices.
Whether you’ve been wrongfully terminated, denied a job due to age, or been the victim of wage theft, our attorneys are ready to help.
Contact us today for a free case evaluation and to learn more about how a labor lawyer and employment discrimination attorney can work in your favor.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How to Handle Workplace Retaliation
Workplace retaliation is belittling and can feel surreal. Many clients come to us only at the point of extreme escalation like firing because they had such a hard time believing it was happening. What starts out as a “cold shoulder” from the boss quickly erodes into missed meeting invites, demotions, and when that message isn’t heard…firings.
Retaliation cases now exceed claims of race discrimination, making up 45% of the claims filed with the EEOC. – The United States Equal Employment Opportunity Commission (EEOC)
But what can you do and how do you handle it? Most employees dealing with workplace retaliation are left feeling disillusioned and confused. Don’t let that happen to you.

Want to learn more about how to protect yourself from workplace retaliation? Get our free eBook.

What You Should be Tracking for Workplace Retaliation
Since retaliation takes various forms, one of the most important things you can do for yourself is save emails and other documentation. Conversations without a witness are difficult to substantiate because it becomes the employee’s word versus the employer’s. But written words speak for themselves. Also, note inconsistencies in the way you’re treated as compared to other coworkers.
The other thing you want to secure is past performance reviews, emails or written communication of the type of employee you are. Because Florida is an “Employment at Will” state, you can be terminated for any reason or no reason as long as that reason is not unlawful. Nonetheless, employers often feel like they have to justify a termination and give a reason for their decision.
We often see employers claiming that the adverse employment actions were due to misconduct by the employee. If you have glowing recommendations and performance reviews, that reason starts to look pretty suspicious and we can argue it is really a pretext- you were fired because of your protected status or protected activity and the employer is making something up to hide the real reason for your termination.
Next Actions in Workplace Retaliation
It’s expected that you will give your employer the ability to “do what’s right.” For instance, if your manager is the one who demoted you or isn’t inviting you to career-critical meetings suddenly, don’t assume the CEO or HR knows about it. Tell them what’s been going on and give them the opportunity to address the situation. If they don’t, or if the actions don’t change, you need to seek additional assistance.
Don’t worry about the black or white of workplace retaliation. Often it’s gray area that will catch up with you. If you think there’s a problem, seek counsel early on. An employment retaliation attorney can help you understand the law and how the allegations are proven; you needn’t carry that burden by yourself.
Many people fear coming to an attorney because the last time they spoke up, their employer began treating them differently. They worry what will happen if they seek help and that’s exactly the reason workplace retaliation is so effective. It makes employees feel bullied and scared and thus they stop looking to protect their own rights.
Your employer has an attorney. This is not the time to fight your own fight. 
If you believe you have been a victim of workplace retaliation, don’t wait to see if it goes away. Very few workplace retaliation situations fix themselves without another party stepping in (whether that’s HR, or an attorney). Instead, consult an employment retaliation attorney at Wenzel Fenton Cabassa, P.A.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### How to Prepare for FMLA: A Step-by-Step Guide
Changes to your family can be very stressful. Taking time off can add to that stress. Even if the reason you’re taking leave is due to a happy event like the birth of a baby, you don’t want to be distracted by worrying about whether your job is secure or not. If you’re considering FMLA leave, here are a few things you can do to prepare yourself and your employer.
Know Your Eligibility
Under the Family and Medical Leave Act of 1993 (FMLA), you are eligible for up to 12 work weeks (unpaid) job-protected leave in one twelve month period if you are:

fighting or recuperating from a serious illness
helping your parent, spouse or child convalesce
pregnant or caring for a newborn child
adopting or fostering a child
caring for an injured service member in the family

You must have worked for your employer for at least 12 months (although they needn’t be consecutive) and worked for at least 1,250 hours within that time. Your company must employ at least 50 people within a 75-mile radius of your job site.
Understand Your Employer’s Offerings
Once you establish you are eligible for leave under the FMLA, you’ll need to talk to your human resources department because you need to give the employer notice of your need for leave and ultimately, your leave will need to be approved. Timing is important. Some employers will give you options about how you can use it and the underlying condition and medical documentation will further define when and how you use your leave. You may be able to work and take only intermittent leave (for example, when a condition flares up), rather than stay off work full-time. You may be able to use vacation or other paid time off during the leave period.The FMLA provides a general framework but your employer may have special rules that do not interfere with your rights.
You may need to make arrangements to continue healthcare coverage through direct payment. Make sure you have an in-depth conversation with your HR person so there are no surprises later.
Fill Out Your Paperwork
There are a number of FMLA forms required before your leave can be approved. The more attention you pay to filling out your paperwork, the more seamless the approval process will be.
Also, keep detailed records of all of your interactions. Take all paperwork with you when you go on leave, including emails, texts, or other office communications just in case you lose access to them.
Finalize Your Plans
After your leave is approved, finalize your leave date (as much as possible), providing your employer with an idea of when it will start. If you have an exact date, provide one as early as possible so a plan can be put in place. Your employer will appreciate it, and so will your colleagues who may be performing your job duties while you’re gone.
Create a list of your job duties and how you do them to make the temporary transition as positive as possible. Remember your intention is to come back someday, so you want to retain good employee and peer relations.
If you’re considering going out on FMLA leave, it’s not necessary to secure the help of an attorney. However, if you were turned down for leave or you were terminated immediately before taking leave, you may have a claim that your employer violated the law by interfering with your FMLA rights or by retaliating against you for exercising those rights. Contact the employment attorneys at Wenzel Fenton Cabassa, P.A. for a better understanding of your rights under the Family Medical Leave Act.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### How to Prepare for Unemployment Benefits Appeal Hearings
If you’ve been denied unemployment benefits by the Florida Department of Economic Opportunity (DEO), you may want to consider appealing their decision. Before doing so, however, you need to make sure that you weren’t denied unemployment benefits for any of the following reasons:

You didn’t file in time —You must have earned wages in at least two of the quarters of your base period (first four of the last five quarters prior to filing); so, for example, you couldn’t wait a year after losing your job to file. That said, for obvious reasons, it’s best to file within a week of being let go so that you can potentially earn benefits sooner rather than later.
You didn’t meet the earning requirements —Your total earnings during your base period must be 1.5 times higher than the wages you earned during your highest earning base period quarter. Also, you must have earned at least $3,400 during your base period.
You quit your job —If you quit your job voluntarily and for no good reason, you may be denied benefits but not every “quit” will disqualify you. For example, if you quit because of unsafe working conditions that were not addressed by your former employer, you may still be eligible for benefits.
You refused suitable work work—You can’t receive unemployment benefits if you aren’t looking for work and you must accept a suitable job if offered one.
You were fired for misconduct —You were let go due to deliberate disregard of your employer’s interests; for example, repeatedly violating established company rules.

This last point is very important to consider because there are some instances in which misconduct can be open for interpretation; for example, chronic absenteeism or tardiness may not meet the definition of misconduct if the employer’s attendance rules are not clearly defined or enforced. If you feel as though you are eligible for benefits, you may want to consider speaking to an unemployment benefits attorney to decide if you want to proceed with filing an unemployment benefits appeal.

Filing Your Unemployment Benefits Appeal
If you decide to move forward with your appeal, you have 20 calendar days to do so after the distribution date of the determination. This means you have 20 days from the date of the determination letter or online notice not 20 days from the date you receive the determination. However, if the 20th day is a Saturday, Sunday, or legal holiday, you may submit your appeal the next day. You may file online, by mail, or by fax, and, along with your name, address, social security number, and case number, you should include a brief explanation of why you feel as though you should receive unemployment benefits. An unemployment benefits attorney can help you with this, along with gathering witness testimony and submitting evidence on your behalf, including paperwork such as performance evaluations, employee handbooks, and warning letters.
Once you file your request and it’s been approved, the DEO typically mails your notice of hearing approximately 10 days prior to your hearing date. The notice will include the date, time, and contact information for your hearing. The appeals referee will then contact you at the specified time and conference in any additional involved parties.
During the appeal process, it’s imperative that you continue to look for work and keep a log of your job search, along with filing your weekly unemployment benefits claim. This is important because if you win your appeal, you will be entitled to unemployment benefits from the date you filed your unemployment benefits claim.

What Happens During Unemployment Benefits Appeal Hearings?
Even before you receive notification of your appeal hearing date, you’ll want to start preparing. Take some time to figure out what you want to convey and make notes of these points. As mentioned, an unemployment benefits attorney can not only gather testimony and evidence on your behalf but also prepare you for the questions you will likely have to answer during your hearing. And you’ll want to make sure you provide evidence you have to the appeals referee, but there may be reasons you do not want to provide certain information (because it is not relevant, for example). Again, an experienced attorney can assist you in making these judgment and strategy calls.
At the appeal hearing, the appeals referee will explain the purpose of the hearing and appeal procedures; reveal the contents of the case file, including disputed issues between you and your former employer; place witnesses under oath; and decide what evidence and testimony will be considered. Most important, he/she will question you, your former employer, and witnesses to obtain the facts of the case to help determine whether you may be eligible for unemployment benefits.
When answering questions during the hearing, it’s important that you tell the truth and focus on the facts. Some broad questions would include:

Dates of Employment —The referee will confirm your dates of employment with your former employer and may ask about your work schedule and the number of hours you worked each week. As mentioned, you have to have been employed during the previous year and meet the requirements of Florida’s base period.
Job Duties —The referee will ask you questions about your job duties, along with the job duties performed by those co-workers who had similar positions. He/she will ask whether you performed your job in a manner that would be deemed as deliberately disregarding your employer’s interests.
Work Conditions —The referee will want to know about the working conditions at your former place of employment. For example, did you work under unsafe conditions, were employer rules clearly documented and conveyed to employees, or were you discriminated against or harassed prior to being let go or leaving?
Termination —The referee will want to know the circumstances behind your termination. Was your former employer able to demonstrate that your conduct met the statutory definition of misconduct? Under Florida’s Unemployment Compensation Law, employee misconduct is not always easy to define. The employer bears the burden of proving misconduct.

During the appeal hearing, your attorney will be able to cross-examine your former employer and any of their witnesses (and vice versa with your former employer’s attorney), as well as provide a closing statement. After the hearing, the appeals referee will notify the parties of his/her decision in writing.
If you win your appeal, you don’t have to do anything further; however, if you lose, you have 20 days to file an appeal with the Reemployment Assistance Appeals Commission, whose decision will be based on the evidence presented to the appeals referee. The commission rarely holds another hearing, so you would next need to appeal to the Florida District Court of Appeal in the county where you reside. If you’ve been denied unemployment benefits by the DEO, it may be worth appealing their decision. 
CONTACT US IF YOU HAVE EXPERIENCED WRONGFUL TERMINATION
Because we are a contingency law firm, we do not offer representation for unemployment claims – nonetheless, the information we have provided, including our free ebook on wrongful termination, should assist you in filing.  However, if your unemployment situation is a result of wrongful termination, unemployment compensation may not be your only recourse. Contact our law firm to discuss your employment law situation and to schedule your free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

Related Posts

#### How to Prove a Hostile Work Environment in Florida
Unlawful workplace harassment occurs across industries, creating intolerable working conditions and affecting the lives of people every day. Fortunately, there are laws in place to protect employees from such actions.
If you, or someone you know, are dealing with an unlawful hostile work environment, there are steps you can take to protect your rights and help prove your case.
What is a Hostile Work Environment?
Federal law (and Florida state law) protects individuals from harassment based on characteristics such as sex, age, race, religion, disability, and other categories or based on certain activities which are protected under the law, such as complaining about discrimination. A workplace is defined as “hostile” when an individual is harassed due to one of these characteristics or activities, so much that the environment is intimidating, offensive, or abusive. This conduct can be from your boss, co-workers, contractors, customers, or other individuals that you interact with on the job.

Examples of behaviors that can create an unlawful hostile work environment include:

Discussing sexual activities
Inappropriate touching and sexual advances
Using demeaning terms or epithets
Using indecent gestures or crude language
Engaging in hostile physical conduct
Telling off-color jokes based on a protected status like race, age, disability, or sex

The above behaviors violate the law when it is unwelcome and based on the victim’s protected status —in conjunction with the conduct being severe and pervasive enough that it would be considered hostile or abusive.
The Steps to Take in Florida to Prove a Hostile Work Environment
If this has happened or is currently happening to you, it is not your fault. You are not alone. Experienced employment law attorneys understand the complexities of the law and the detailed processes of filing a claim with the Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations(FCHR). If this illegal behavior is ongoing, you have a right to tell the harasser that it is unwelcome and must stop. Do this as soon as possible. Federal and State law protects people from being retaliated against for speaking up and reporting harassment.
If you have any documentation, such as emails with harassing language, jokes, etc., these can be used to help prove a hostile work environment. Have you written down dates or details of instances of sexual harassment or other hostile physical conduct or harassment? Make sure to keep this information safe. If you don’t have detailed documentation, it is still important to discuss your claim with an attorney.
Consult with a Respected Employment Law Attorney
Professionals in the field are here to help. Our labor and employment lawyers are highly respected among peers and have an outstanding reputation when it comes to litigation and securing the best resolution for clients.
If you feel you have been the victim of harassment and subjected to a hostile work environment, it is essential to contact an experienced employment lawyer as soon as possible. Wenzel Fenton Cabassa, P.A., have extensive expertise in private negotiation, mediation and arbitration, and trial law in Florida courts. It is important and highly beneficial to your case to work with attorneys that understand the full complexities of the law when it comes to workplace justice.
Take Action to Stop Harassment and Receive Justice
We help employees who have been wronged by employers. Contact us today to request a free, confidential case evaluation. We’re the employee’s law firm— a tireless legal team fighting for your rights.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

Related Posts

#### How to Prove Disability Discrimination
Disability discrimination in the workplace is an irrational and unjustifiable wrong that no one should have to endure. Sadly, it is more common than most would like to believe, and it comes from many sources.
Your boss and other employees can discriminate against you, and your employer may also discriminate through an illegal policy that treats disabled workers unfairly.
Fortunately, Florida law allows victims of disability discrimination to pursue compensation for this type of wrongdoing. However, this involves a detailed process that requires victims to present enough clear evidence to sustain their claims.
Seeking the aid of an experienced disability discrimination lawyer is recommended to fully explore the avenues available for proving the existence of disability discrimination.
Disability Discrimination in the Workplace Examples
What is disability discrimination? According to Florida law, disability discrimination exists when an employee is mistreated because of an actual or perceived disability.
The Florida Civil Rights Act (FCRA) makes this practice illegal but does not give an exact definition of what a disability is. However, federal law provides much guidance.
According to the Americans with Disabilities Act (ADA), three instances of disability include:

A mental or physical impairment that substantially limits a significant life activity
A history of such a mental or physical impairment
Being considered by others as having a disability

Another question is, “how are disabled people discriminated against?” In the workplace, discrimination can manifest in various ways, all of which lead to the deprivation of workers’ rights under federal and state disability discrimination acts. Typical instances of discrimination in the workplace might include:

Not hiring an individual based on an actual or perceived disability
Failing to promote a disabled worker who is qualified and worthy
Failing to provide a reasonable accommodation for a disabled employee
Retaliating against an employee for a reasonable accommodation request
Firing or demoting an employee because of a disability
Assigning unreasonable work assignments
Scheduling limited hours because of a disability
Unreasonably denying a disabled employee health insurance

The situations in which an employee might face discrimination are almost limitless, and the above-listed examples are some of the more common problems of workplace discrimination.
Can I Sue for Disability Discrimination?
You have the right to file a lawsuit. But how do you sue for disability discrimination? First, it is essential that you can prove discrimination took place, and victims must meet evidentiary requirements to be successful with a discrimination claim.
A skilled disability discrimination lawyer is crucial for victims who want peace of mind that their case has a good chance of succeeding. With an experienced advocate, you won’t have to worry about legal technicalities or wonder if your case is proceeding correctly according to the rules of procedure.
If you are the victim of disability discrimination, it is important to know that significant time limits govern your claim. Failure to abide by these deadlines can mean the invalidation of your claim.
When you decide you want to file a claim, you must take quick action and file with the Florida Commission on Human Relations (“FCHR”) within 300 days of the discriminatory act. If the discriminatory acts continue over time, the clock starts when the last action is terminated.
Once a charge of discrimination is filed, the FCHR then has 180 days to investigate the claim and determine whether reasonable cause exists or not. If good reason exists, you have one year to file a lawsuit.
As you can see, the time limits are tight but not impossible to comply with for victims of disability discrimination who act quickly.
Disability Discrimination Lawsuit Settlement Amounts
How much is a disability discrimination lawsuit worth? It depends, and settlement amounts vary from case to case and heavily rely on the extent of the damages a discrimination victim suffers.
Additionally, lawsuits under federal law using the ADA may have different monetary award amounts than those brought under Florida’s FCRA, mainly due to the availability of punitive damages under the ADA.
It is not always possible to accurately predict what a discrimination case might be worth. Additionally, settlement terms and numbers are typically unavailable to the public.
However, according to the Equal Employment Opportunity Commission, the average out-of-court settlement for discrimination cases is $40,000. But this figure is only an average, and some victims receive substantially more compensation for their damages.
One of the main factors determining the amount of your settlement or verdict is the extent of your losses. Losses, or damages, are the negative impacts you experience due to discrimination, typically monetary or nonmonetary.
Monetary Losses
Monetary losses you might experience due to disability discrimination include loss of both back and front pay. You may also claim loss of healthcare and other benefits you may have been entitled to but were denied.
Nonmonetary Losses
The law also recognizes intangible, nonmonetary losses, such as emotional distress and suffering caused by discrimination or retaliation from an employer, supervisor, or other employees.
Punitive Damages
Depending on how you file your lawsuit and the specifics of your case, you may be entitled to punitive damages intended to punish particularly bothersome behavior by discriminators.
Legal Fees
Legal fees are your attorney’s compensation, typically calculated from the settlement or verdict they win for you. You may also be able to recover court costs.
What Is Considered Proof of Disability Discrimination?
Proving disability discrimination can be daunting, especially when your employer and other employees close ranks and hamper your efforts to get justice for your discrimination.
However, no victim will ever be relieved of their duty to present substantial evidence of their disability discrimination. Although it is a challenge in some cases, finding the evidence you need is achievable.
Generally speaking, the evidence you collect will either be direct or circumstantial. Direct evidence refers to statements, actions, or other explicit evidence from an employer that causes discrimination, and it is typically the most vital type of evidence. For example, an employer’s statement that they are demoting you because of your disability is direct evidence.
Direct evidence is not always available for discrimination cases because those who discriminate are careful not to give direct evidence of their misdeeds. Savvy employers and managers work hard to cover their tracks.
As a result, victims of discrimination often have to rely almost exclusively on circumstantial evidence to prove their claims. Circumstantial evidence is evidence that implies that discrimination has occurred. With enough evidence of this nature, your attorney may be able to build a strong case.
The answers to these questions may indicate that you have enough circumstantial evidence to sustain a claim:

Were you treated differently than a non-disabled individual with the same qualifications?
Did bosses negatively refer to your disability or people with your disability?
Did your boss hire non-disabled workers less qualified than you for the same work?
Have other disabled employees at your job complained about discrimination?
Are other disabled workers being singled out for discriminatory treatment?
Does your boss have a history of discrimination?
Is your situation so unusual or unjust that it most likely qualifies as discrimination?

Whether you use direct or circumstantial evidence, you will need to collect proof. Much of the evidence gathering will be done by your disability discrimination attorney through investigations and depositions; however, you can also effectively gather evidence for your case, mainly if you are still employed at the place where the discrimination occurred.
Write Down Everything
Your written testimony can be powerful for your claim. Hence, it’s worthwhile for you to take the time to consistently record discriminatory behavior whenever it occurs, no matter how “light” the discrimination is.
Keep All Employment-Related Communications
Evidence of discrimination against you might be found in one of the various ways your boss and employers communicate with you.
For example, you might find evidence of discrimination in texts and emails. Voicemails may also contain valuable evidence. So you should review all communications and save those that might serve as evidence for your case.
Media
Bosses who discriminate may do so using one of the many forms of media that are prevalent in the modern world.
For example, video footage of discrimination might be available from company cameras and employees’ cameras. Photos may also be helpful, such as a photo of a discriminatory word written on the board in an employee break room. Fortunately, capturing video and still images is easier than ever.
Talk to Other Workers
Your fellow employees may be critical to the success of your discrimination lawsuit — even those who participate in the discrimination. Spend time speaking with them and note any statements they give that might be relevant to your case.
At no time should you do anything illegal when searching for evidence. You may face significant liability and retaliation by building your case illegally. To help ensure you don’t run afoul of the rules while readying your case, hire a seasoned disability discrimination attorney.
Working with a Disability Discrimination Attorney
Proving disability discrimination is, in some aspects, more difficult today than in the past. Employers and bosses have learned to mitigate liability by not leaving direct evidence of misdeeds. A seasoned disability discrimination attorney can help you build a strong case.
The process begins by scheduling a case evaluation with a discrimination attorney who has a track record of successfully representing clients in this arena. They will know what it takes to get you the compensation you deserve because they know how to prove disability discrimination.
They will also know whether your case rises to the level of actionable discrimination. The initial case evaluation is free, so it is worth your time and effort to set one up and learn what options you have.
During this case evaluation, the attorney will review the facts and circumstances of your situation and evaluate the evidence. The more evidence you can bring into your first case evaluation, the easier it will be for an attorney to analyze your case.
If they decide to take your case, they will immediately get to work preserving what evidence you have brought them and gathering more when necessary. Doing so might require them to contract the services of an investigator or a legal video and deposition service.
Regardless of what your case requires, once you retain the services of a disability discrimination lawyer, you have a good chance of recovering a compensation figure that is worthy of the damages you have suffered.
At Wenzel Fenton Cabassa P.A., we regularly help disabled workers preserve their dignity by fighting for the compensation they need to address their losses. Our successful experience is proof that we know how to prove disability discrimination.
If you or a loved one is facing disability discrimination in the workplace, call our office today for potential representation from a seasoned disability lawyer with a record of success and care.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

Related Posts

#### How to Prove Pay Discrimination
News headlines often highlight pay discrimination in the context of the gender pay gap. While gender-based pay discrimination is common, discriminatory payment practices can also impact employees due to factors like age, race, and other protected characteristics, which are both illegal and unfair.
If you believe your employer is engaging in illegal payment practices, here is an overview of how you can try to prove pay discrimination and what steps you can take.
How Can I Tell if I Am Being Paid Unfairly?

When it comes to taking action against pay discrimination, knowledge is power. Before you can set out to prove that you are being discriminated against, you first need to know how to identify that pay discrimination is occurring in your workplace.
Broadly, pay discrimination means you are being underpaid for your work because of characteristics that are protected under anti-discrimination laws. Some of the most common protected characteristics that lead to pay discrimination include:

Gender

Age

Race

Sexual orientation

Religion

National origin

Disability

Pregnancy

A good starting point for identifying pay discrimination in your workplace is to research the typical salary or wage rate for your role while taking into account factors like geographic location and company size.
Once you know what your role typically pays in your area, speak with peers and co-workers about how their compensation compares to yours. For example, if you are a female software engineer and discover your salary is $50,000 with similar responsibilities and experience, this may signal that you are being paid unfairly.
When trying to identify whether your pay is unfair, it is important to consider factors like experience level, number of years at the company, and differences in roles and responsibilities.
Examples of Pay Discrimination
It can be difficult at first to identify when underpayment is an instance of pay discrimination. Simply paying an employee less than the average salary for a role is not illegal. However, when employees are singled out or taken advantage of due to factors like race or gender, it can be discriminatory.
Some common examples that may signal pay discrimination include:

Male employees receive larger bonuses than female employees.
Starting salaries for new hires are lower for those with green cards or visas.
Hispanic workers receive smaller pay increases than white workers.
Salary increases use a point system that unfairly impacts disabled workers.
A pay raise request is denied for a black worker and approved for a white worker.
A disabled applicant is offered a lower starting salary than a non-disabled hire.

Pay discrimination can take many forms. In all of them, the employee’s protected characteristics must be the primary reason for the discriminatory pay practice.
Companies that engage in pay discrimination tend to do so habitually. This means that over time, a pattern often emerges showing, for example, that the company’s white workers hold higher salaries than its equally qualified black workers or that male workers routinely receive higher bonus amounts than female workers in similar roles.
The Essential Evidence for Proving Pay Discrimination
Proving unfair pay practices requires collecting a fair amount of evidence. To prove that an employer is engaging in pay discrimination, you must be able to show that your pay is unfair and that discrimination is the reason for the pay disparity between your role and those of your colleagues. Your employer will likely try to prove it has legitimate, non-discriminatory reasons for the pay disparity.
A successful pay discrimination case rests on evidence. Types of evidence that are most helpful in a pay discrimination case often include:

Records showing employee salaries or wages with substantially similar jobs.
Records documenting bonus and pay increases.
Descriptions of job responsibilities and required experience.
Performance reviews.
Records of disciplinary issues.
Witness statements.
Emails related to pay.

In a successful pay discrimination case, all the evidence comes together to paint a clear picture of a workplace that rewards certain employees while treating others unfairly based on a protected characteristic, such as gender.
Navigating Federal and State Laws on Pay Equality

Workplace discrimination and unequal pay are illegal. The Equal Employment Opportunity Commission (EEOC) enforces laws that prohibit employers from paying employees differently based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (40 or older), or genetic information.
Two main federal laws address these unfair practices in the workplace: the Equal Pay Act and Title VII.
The Equal Pay Act became law in 1963. The law made it illegal for employers to pay a worker less based on their sex. The EPA requires employers to pay men and women equally for doing the same work at the same workplace.
When there is a disparity between how similar employees of different sexes are paid, the employer cannot reduce the pay of the higher-earning employee. Instead, the company must raise the pay of the employee who is earning less.
Title VII forms parts of the Civil Rights Act of 1964. This is the primary body of laws related to protecting people from discriminatory workplace practices. Title VII makes it illegal for employers to treat workers differently because of protected characteristics. It protects employees from workplace discrimination in areas that include:

Pay and benefits
Promotion and job assignments
Advertising practices
Recruitment practices
Application and hiring process
Background checks
Job referrals
Disciplinary practices
Firing practices
Job references
Reasonable accommodations
Harassment

Title VII makes it illegal for an employer to use protected characteristics to justify offering unfair or unequal pay, benefits, insurance, vacation and sick time, overtime and overtime pay, and retirement programs in the context of discriminatory pay practices.
Additionally, the laws enforced by the EEOC protect you from being punished or harassed at work because you complained about pay discrimination.
Filing a Pay Discrimination Complaint
When a company refuses to protect employees from discriminatory management decisions or appears to engage in discriminatory pay practices, the employee can file a charge of discrimination with the EEOC. A charge of discrimination is a signed statement asserting that an employer engaged in employment discrimination.
The general process for taking action through the EEOC involves:

Submitting an online inquiry to the EEOC.
Going through the EEOC interview about the discrimination.
Filing a formal charge of discrimination (this can be completed through the EEOC’s public portal).
Waiting for the EEOC to conduct an investigation.

If you have retained an employment lawyer, your lawyer will help you with the EEOC process.
It is important to know that state laws, Title VII, and the Equal Pay Act may all have different time limits involved in filing a claim. You can consult the EEOC website for more information.
Unlike Title VII, under the Equal Pay Act, you don't need to file a charge of discrimination with the EEOC. Instead, you are allowed to go directly to court and file a lawsuit. The deadline for filing a charge or lawsuit under the EPA is two years from the day you received the last discriminatory paycheck (this is extended to three years in the case of willful discrimination).
When to Seek Legal Representation for Your Pay Discrimination Case
Pay discrimination can profoundly affect your finances and standard of living. You are not required to hire an employment lawyer to file an EEOC charge of discrimination, but it is a good idea to hear a lawyer’s opinion on how they could help your case. From the start of your case, a lawyer can guide you on how to collect the evidence you need to prove pay discrimination.
Given the circumstances, a lawyer can help advise you on whether to file a lawsuit. Hiring a lawyer to represent your interests prior to filing a lawsuit may help you obtain your ideal outcome without resorting to formal litigation. If you do choose to file a lawsuit, your employment lawyer will represent you in court.
Successful Strategies for a Strong Pay Discrimination Claim
A successful pay discrimination lawsuit requires planning, strategy, and skilled legal representation. It is a mistake to think you can simply file a claim and walk away with compensation. Steps that can help increase the chances of a successful claim include:

Compiling convincing documentation.
Showing you tried to address the discrimination at work, but your employer continued the discrimination.
Filing an EEOC complaint.
Hiring an experienced employment lawyer.
Keeping details of your case private.

One reason a discrimination lawsuit can fail is when the employee makes inconsistent statements about the discrimination they faced. By keeping details private and not posting about the case on social media, you protect yourself from your own words being later used against you to disprove your claim.
Partnering With Wenzel Fenton Cabassa, P.A.
Wenzel Fenton Cabassa, P.A. is a Florida employment law firm that fights for the equal treatment of all workers. Our experienced equal pay attorneys handle all manner of work discrimination cases, including cases involving pay discrimination. We hold a long track record of successfully helping clients stand up to discriminatory workplace practices and recover compensation for what they have endured.
Contact Wenzel Fenton Cabassa, P.A., to schedule a free case evaluation with a Florida equal pay lawyer today.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

Related Posts

#### How to Prove Sexual Harassment
How to Prove Sexual Harassment

Unfortunately, sexual harassment in the workplace is an all too common occurrence, with as many as 38% of all women and 14% of all men reporting such experiences. Thankfully, there are protections in place that one can turn to, including filing a claim, but how do you prove sexual harassment in the workplace? 

Successfully demonstrating that you have been a victim of harassment requires detailed proof and promptly filing a legal complaint. You do not want to take these challenging steps without a reliable lawyer. 

Join us below as we look a bit closer at the various elements that go into making these claims and the kinds of evidence that can help you and your attorney achieve the outcome you deserve.  

The Role of Documentation In Proving Sexual Harassment

To establish a claim for sexual harassment, you must demonstrate each of the following:

You belong to a protected group.

You were subject to unwelcome harassment.

The harassment was based on your sex.

The harassment was severe or pervasive enough to change the conditions of your employment and create a discriminatory environment.

Gender is a protected category and you do not have to present evidence for that. However, you will need to provide documentation demonstrating the other key elements involved in a sexual harassment claim. 

A common problem is determining whether a single comment constitutes harassment. While one comment may not be sufficient on its own, documenting every instance of inappropriate behavior, including the time and location, can help build a strong case.

You must keep careful and detailed records of all of the conversations and interactions you have had with the harasser via email, text, or in person. Proof that you asked your harasser to stop and that they did not, as well as showing that the harassment affected your work, is also crucial. 

Ultimately, maintaining a file with any correspondence containing lewd, sexual, or otherwise disturbing content in one place will make it easier to present your case when filing a claim 

Direct Evidence vs. Circumstantial Evidence: Understanding the Difference

An important aspect of proving sexual harassment is understanding the difference between direct and circumstantial evidence. Both types are important in these kinds of claims.

Direct evidence of sexual harassment is tangible and points toward instances of sexual harassment. Usually, direct evidence involves the following:

Texts

Memos

Voicemails

Emails

Photographs

Videos

Documents

Eyewitness statements

Direct evidence is the most straightforward way of proving that harassment occurred. For example, if your employer told you via text message that they would fire you unless you engaged in an unwanted sexual act, the text would be evidence of direct quid pro quo harassment. 

Sexual harassment, however, is not always a clear and obvious, one-time occurrence that you can point to. Often, it involves repetitive and pervasive harassment that is more difficult to demonstrate than direct evidence. This is where circumstantial evidence comes into play. 

Circumstantial evidence is indirect evidence that implies the occurrence of sexual harassment based on surrounding circumstances. It can include witness accounts and patterns of behavior.

For instance, if your employer didn't explicitly threaten you but fired you the day after you refused an unwanted advance, the timing might serve as circumstantial evidence, indicating a link between the two events.

It is important to keep in mind that it can be quite difficult to win a sexual harassment claim relying solely on circumstantial evidence. Still, it can be a valuable complement to direct evidence. 

Engaging Witnesses: Strategies for Gathering Testimonies

Witnesses can play a crucial role in cases where direct evidence is limited. They can objectively view what happened and corroborate what you have experienced. However, obtaining witness cooperation can be challenging due to fears of retaliation.  

With this in mind, you will want to gather witness testimony as soon as possible after an instance of harassment occurs, but you need to do so carefully. Witnesses may be just as upset as you are, and often they want to ensure you do not reveal their name to the employer. It’s important to respect their wishes.. 

Another challenge in gathering witness testimony is that witnesses may not recall all the details of the incident, which might make them hesitant to testify out of fear of making a mistake. By reaching out to them promptly, you can help mitigate these concerns, as the incident will still be fresh in their minds.

Using Digital Evidence: Emails, Texts, and Social Media

Preserving digital evidence is paramount in workplace sexual harassment claims. Social media posts, emails, and text messages can all be used as evidence if they are relevant. If you receive harassing messages or comments on social media, screenshot everything. 

You must also safeguard any evidence you have and avoid altering it. Save text messages and take screenshots of other forms of digital communication to prevent the harasser from deleting any evidence later. If you receive harassing messages on your work email, forward them to your private email to preserve them. In instances when a camera may have captured evidence of sexual harassment, get a copy of the video as 

soon as possible. 

When you save these items, do so in various locations and password-protect the files, if possible. While using the cloud can seem convenient, it is not impervious to cyberattacks.

Through (and perhaps despite) all of these efforts, you must keep in mind that a possible argument you may face is that people should have a “reasonable expectation of privacy” when using social media under the Federal Stored Communications Act (“SCA”).

The Significance of a Well-Documented Timeline

Creating a clear and well-documented timeline of when the harassment began can significantly strengthen your claim. It is particularly important in situations where pervasive harassment has escalated over time.

A well-documented timeline will also help you prove any kind of retaliation that may take place after reporting the harassment. It allows you to show the connection between your complaint and your employer's adverse action against you. 

One of the most effective ways of building your timeline is to do so digitally via your phone, tablet, or computer. Record as much information as possible, including the time and location of the harassment, what the harassment entailed, and whether there were eyewitnesses. If there were, write out their names fully to avoid confusion later on. If you speak with them right after the harassment occurs, document anything they say as well. 

Overcoming Retaliation: Protecting Yourself and Your Career

After speaking out about sexual harassment, you may experience retaliation, which refers to an employer or supervisor taking adverse actions against you. 

The most common forms of workplace retaliation include the following:

Low-performance evaluations

Reduction of work hours

Reduction of pay 

Denying promotions

Demotions

Terminations

A more subtle form of retaliation is withholding valuable information, including feedback, to ensure it does not result in performance issues. Being ignored during meetings or having damaging rumors spread can also be retaliatory actions.

One of the first things you can do if you face retaliation is to let your human resources department know. At the very least, reaching out to them will leave a written record of your concerns, but providing as much evidence as possible will allow those in HR to fully investigate the matter.

If HR is unhelpful or if the harassment and retaliation get worse, you have the chance to make an official report with a government agency. And if that does not work, filing a lawsuit is the next option. 

Filing a Legal Complaint: Timing and Jurisdiction Considerations

The Equal Employment Opportunity Commission (EEOC) is a federal agency that protects employees from sexual harassment in workplaces with 15 or more employees. The EEOC generally gives victims 180 days to file a charge, beginning with the day the harassment occurred. 

The EEOC maintains an online portal where you can file a charge or schedule an interview with the commission. Before you start, though, you’ll need to answer a few questions to ensure that the EEOC is the right agency for your claim. In Florida, you can file a charge in person in the EEOC office in Miami.

You can also file a charge via state agencies, such as the Florida Commission on Human Relations (FCHR). You have 365 days to file a charge. If you have already filed with the EEOC, you cannot do so through a state agency like the FCHR.

The Importance of Legal Representation in Sexual Harassment Cases

The process of filing a charge of sexual harassment is complex and stressful and made more daunting by the fact that your employer will most likely have at least one lawyer working to discredit you.

By turning to an employment lawyer, you will gain an advocate with crucial experience in these kinds of cases. They will have a good idea of the evidence that will make a difference and can help you gather them all safely and in a way that presents the clearest picture of what happened. 

Your lawyer will also help you navigate the legal process in its entirety, ensuring that you do not miss any deadlines and that all paperwork is filed properly. During depositions and in court, your lawyer will advocate for you in the most effective ways possible. 

Most importantly, your lawyer will also act as a pillar of support during these difficult times. Rather than handling the stress of harassment and the complexities of filing a charge on your own, you can focus on emotional healing while your lawyer manages the legal aspects of your case.

Partnering With Wenzel Fenton Cabassa, P.A.

At Wenzel Fenton Cabassa, P.A., our Florida workplace sexual harassment attorneys are here to provide guidance through all forms of workplace sexual harassment claims. We dedicate ourselves to protecting client rights and preserving their dignity as they file these charges. Let our team help you get the justice you deserve. Contact us today for a free case evaluation.

#### How to Report an Employer for Unfair Treatment
Employees deserve a fair workplace where people are treated equally by their employers. Unfortunately, unfair treatment at work is common across the U.S. If this has happened to you — you can report an employer for unfair treatment.
Employees have substantial protections under various employment laws that provide fair and equal treatment in the workplace. Companies should be held accountable for their egregious actions if they violate these laws.
According to employment laws, not everything that happens at work that seems to be “unfair” is considered “unfair treatment.” It is critical to understand the difference to know if your situation could be considered a valid claim that you can report an employer for unfair treatment.
What Is Considered Unfair Treatment at Work?
Many things may happen at work that you do not like, including your boss playing favorites amongst the employees. Certain people may get preferential treatment for lunch breaks (better times), schedules (more consistent), or other “perks” like allowing other employees to clock out early or not have to perform less desirable tasks like cleaning, inventory, etc. It may feel very unfair. But that does not mean that it is illegal.
Many types of actions would be considered unfair treatment at work under employment law.
Here are some examples of unfair treatment at work:

Example of sexual harassment: A boss makes sexual advances on one of his team members and then demotes or fires her when she does not accept them or complains about them.
Example of pregnancy discrimination: A pregnant worker takes time off through Family Medical Leave Act to have her baby. When she returns to work, her employer punishes her by changing her to an unreasonable schedule, adding extra duties she did not have before (such as heavy lifting), or reducing her pay.
Example of race discrimination: An African American employee is not allowed to take training that propels them to be promoted. In contrast, other employees of various races in the company are given that training and subsequently promoted.
Example of disability discrimination: A worker who is disabled is not given “reasonable accommodations” in the workplace as defined and provided by the Americans with Disabilities Act (ADA).
Example of retaliation: A worker refuses to perform an illegal activity for an employer, such as ignoring safety procedures required by OSHA regulations, and the employer fires the employee on the spot.

In these examples, workers should report an employer for unfair treatment. The above scenarios are only a selection of the various reason when an employee should report an employer for unfair treatment. Employment law protects employees in various categories. Consult with an employment law attorney if you believe you should be filing a complaint against an employer.
How Do You Know You Have a Valid Claim?
Valid claims, as a general rule, would be from unlawful actions performed by an employer to employees that are part of a protected class under federal and/or state laws. These include:

Title VII of the Civil Rights Act of 1964 – prohibits employment discrimination based on race, color, religion, sex, and national origin.
Americans with Disabilities Act of 1990 (ADA) – if you have a disability, this law covers all aspects of employment – promotions, wages, raises, health insurance, and all other aspects of the job, including working conditions.
Age Discrimination in Employment Act (ADEA) – protects people 40 years of age and older from age-based discrimination.
Family and Medical Leave Act of 1993 (FMLA) – allows eligible employees to take up to 12 weeks of unpaid leave during a 12-month period for the purpose of attending to a serious health condition of the employee, the employee’s parent, spouse, or child, for pregnancy or care of a newborn child, for adoption or foster placement of a child, or to care for an injured service member in the family, without fear of job loss.
Florida Whistleblower Act – prohibits employers from terminating employees for uncovering, objecting to, or reporting violations of state laws, rules, or regulations.

Other laws, such as the Florida Civil Rights Act, protect workers across the state as well. If you have a valid claim, you should report your employer for unfair treatment to hold them accountable and get justice.
How to Report Unfair Treatment at Work in Florida
Filing a complaint against an employer should be approached with a strategic focus, including gathering as much documentation and detail as possible.
First, and as soon as possible, it is essential to document the details of the unfair treatment, which can be in a journal, email, texts, or any other type of communication that would create a record of what occurred. Stick to the facts, including who, where, how, dates/times, potential witnesses, and other relevant information involving unfair treatment.
Internally, you can make the report to HR or your boss/supervisor. Know that it is illegal for your company to retaliate against you for reporting unfair treatment. If this occurs, you should contact an employment lawyer right as soon as possible. There are statutes of limitations to filing a case.
What You Should Do After Filing Your Claim
Additionally, claims should be filed with relevant government agencies. For example, if you have a discrimination claim, it can be reported to the Equal Employment Opportunity Commission (EEOC). Each situation is different, and claims should be filed to the appropriate government agency for your particular claim.
You do not have to do this alone. If you work with an employee rights lawyer, you have the experience needed to make a strong case and ensure all documentation is filed correctly and on time.
Note: do not talk about your claim online or with others in your workplace. Information disseminated online can harm your ability to win a case. If you speak with untrustworthy co-workers, this could jeopardize your case as well. If you have potential witnesses, your lawyer can handle any interviews needed.
Take action today.
Contact Wenzel Fenton Cabassa, P.A. for a free, confidential case evaluation. We are the employees’ law firm fighting for workplace justice.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How to Report Sexual Harassment in Florida
The national awareness of the prevalence of sexual harassment in the workplace continues to grow. It affects people across all industries — from the tech world to manufacturing and many workplaces in between. Are you wondering what to do if you’re being sexually harassed at work?
There are different laws and best practices to report sexual harassment across the states, and Florida is no exception. It is important to know not only the different actions that constitute sexual harassment but also what you can do about — and who can help. The attorneys at Wenzel Fenton Cabassa, P.A., have the experience and credentials to fight for your legal rights, representing employees against powerful employers across Florida.
What Can Constitute Sexual Harassment?
The actions that constitute sexual harassment include a wide variety of behaviors: from the most egregious and overt to lesser-known actions. These behaviors can come from a supervisor, a co-worker, or even a customer. These actions can include:

Sexual comments or leering looks
Sexual propositions or repeated requests for dates
Obscene jokes, sexual innuendos or dirty pictures
Inappropriate touching or “violating your space”
Implied threats about your employment status
Comments about your body or your clothing

Whether there is ongoing harassment, or a wrongful termination occurred as retaliation from a report of sexual harassment, our firm handles all types of Title VII employment discrimination claims. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.
Sexual harassment is a form of sex discrimination. The behavior does not have to be sexual in nature. You may have a claim if you can show you were treated poorly because of gender (or the opposite sex received favoritism).

Types of Sexual Harassment
As per the State of Florida official sexual harassment awareness training, there are two types of sexual harassment. The first is Quid Pro Quo that “occurs when the harasser is in a position of authority and uses that authority to seek sexual favors for job conditions or benefits, such as hiring, promotion, favorable performance evaluations, no discipline, pay raises or other privileges.” Sexual favors may either be stated directly or implied.
The second type is behavior that produces a hostile work environment. This is stated as follows: “occurs when the harasser exhibits hostile misconduct that unreasonably interferes with an individual’s work performance or creates an intimidating or offensive work environment.” The harasser does not have to be your direct boss or others in a position of authority.
The Law in Florida
The Florida Civil Rights Act prohibits employment practices that discriminate on the basis of sex or marital status. Sexual harassment is considered a form of unlawful sex discrimination. The Florida Supreme Court has ruled that pregnancy discrimination is also included within the parameters of employment discrimination based on sex.
The Florida Civil Rights Act covers private and public employers with 15 employees or more. Public employers and public accommodation (760.08) encompass everything from inns and motels, retail establishments, theatres, sports arenas and more.

How We Can Help
As in many legal actions, the laws are complex. That is why it is very important to have an experienced professional that specializes in employment law and sexual harassment in the workplace. Our employment law attorneys help you determine if you have a valid claim against your employer.
There are a number of steps to take, and it is important to perform things in the right order and within the appropriate time frames. If you believe you are a victim of sexual harassment, you have the right to instruct the harasser to stop the unwelcome behavior immediately. You also have the right to report it to any supervisor within your company or organization.
Other actions that will need to be taken include (1) reporting a complaint to the Florida Commission on Human Relations within 365 calendar days of the alleged incident and/or (2) reporting a complaint to the Federal Equal Employment Opportunity Commission within 300 calendar days of the alleged incident.
We know that this is a difficult and stressful time. Wenzel Fenton Cabassa, P.A., is here to advocate for your rights and make sure all of the processes and procedures are performed correctly and within the appropriate time frames.
What You May Be Entitled To
Attorneys work hard to advocate for your rights to the full extent of the law. Did you know that there are a number of potential options/remedies you have if your claim is proven within the legal system? If you have been a victim of sexual harassment, you may receive:

Compensatory damages
Reinstatement to your job with all pay and benefits
Back pay from date of termination to the settlement or verdict
Emotional damages for psychological suffering and damage to reputation
“Front pay” damages of what you would have earned had you continued there
Punitive damages, if the behavior was especially egregious, or if there are similar claims and settlements.

The outcome of your case will be dependent on the circumstances. Some people just want the behavior to stop, others want their job back after termination, and still, others may be entitled to compensatory or punitive damages depending on the extent of the behavior inflicted on the person.
Contact Us Today
Sexual harassment is not only wrong — it is illegal. Your rights matter and we are here to help. We are dedicated to tackling workplace issues that affect you and your family.
Don’t do this alone. Legal counsel with experience in fighting sexual harassment in the workplace is highly recommended to ensure your rights are enforced to the full extent of the law. We’re the employee’s law firm— a tireless legal team fighting for your rights.
If you have been sexually harassed in the workplace, call the Wenzel Fenton Cabassa, P.A. office today to schedule a free confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How to Report Workplace Retaliation
Workplace retaliation can feel an awful lot like bullying. It is a tool used by many employers because they know it makes people afraid to assert their rights.
If you’ve made a recent allegation against your employer or you reported,

something that is against the law or a regulation
a danger to public health or safety
actions were taken against a protected class

it is illegal for your employer to take adverse employment action against you because of it.
What’s the Difference Between Workplace Retaliation and Whistleblowing?
While the two are often used interchangeably, there are some subtle differences when it comes to the law. Whistleblowing claims cover issues of public safety, wasted tax dollars, and other ways employers may be breaking a law, rule or regulation.
You, as an employee, may raise concerns about actions by the employer which violate the law and often involve non-employees (such as patient’s rights or other members of the public). it is this complaint by you that offers protection against retaliation.
On the other hand, most employment retaliation occurs because an employee complains about discrimination or some other action by the employer against an employee. For instance, if you were sexually harassed, or overheard an employee being sexually harassed, discriminated against, or any other violation of the <a “nofollow” href=”https://www.eeoc.gov/eeoc/history/35th/thelaw/eeo_1972.html”>equal employment opportunity acts, and were discriminated or retaliated against for reporting it, you may have a retaliation claim.
How to Report Workplace Retaliation
While workplace retaliation and whistleblower retaliation are slightly different by definition, how they are proved is the same. To prove whistleblower retaliation or workplace retaliation you must prove four things:

You engaged in a protected activity.

While telling your spouse about the issue doesn’t count, reporting it to HR does. You had to have documented and reported the alleged illegal activity. Proving this can be difficult if you reported the incident anonymously. In that case, you must be able to show that the employer somehow found out you were the anonymous tip. However, you may also have a case if your employer believed that you did engage in a protected activity, even if you didn’t.
In some cases, reporting the incident would be futile or the incident is so well known that one can impute knowledge to the employer but you still must show that somehow your employer links you to opposition to a unlawful practice or participation in protected activity.

Your employer must know or at least think that you engaged in protected activity.

If they are unaware, this is not a whistleblower or workplace retaliation case.

You must have experienced an adverse employment action.

This can include firing, being passed over for promotion, or being demoted, among other things. Without an adverse action, retaliation cannot be proved.

Finally, you must be able to link the adverse action to your protected activity.

If you suspect that you have been the victim of workplace retaliation, you should seek the help of an employee rights attorney. An attorney can review the details behind your workplace retaliation concern and help decide whether those four conditions can be proven.
At Wenzel Fenton Cabassa, PA, we help employees understand their situation from a legal perspective. We work solely with employees, fighting for workplace justice. Call us today. Our initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How to Stop Pregnancy Discrimination in the Workplace
Pregnancy discrimination in the workplace has been receiving a lot of attention recently because of the US Supreme Court case involving UPS. In the case, the Pregnancy Discrimination Act of 1978 is under scrutiny. Justices will make a decision as to what “adequate accommodation of pregnant women” means. Their decision may radically affect what employers with more than 15 people can and cannot do when it comes to the treatment of pregnant employees. In the meantime, here are a few things employers can do to stop pregnancy discrimination:
Create a Policy
Creating a policy to ensure every manager and supervisor understands that all employees should be treated equally is a good first step. The policy should be placed in your employee handbook and enumerate the process of escalating uncertain concerns, like whether an employee can continue to do her job or not.
The policy should also state (and managers must understand) that every claim of pregnancy discrimination will be investigated and handled with sensitivity and discretion.
Review Job Descriptions
A pregnant employee can be fired if she is unable to complete her job duties. However, you cannot claim something is an essential job duty if it’s not listed in the job description. Before you have an employee share her happy news, make sure all of your job descriptions are up-to-date with the essentials of that position.
Equal Leave Time and Treatment
The company must allow for equal leave time for a pregnant employee and one with medical concerns. If a doctor’s note is required after extensive time off for one employee, it must be required for the other as well.
Special Accommodations
While the law may not dictate the need for special accommodations, if it’s not medically necessary, the company should give some thought to the effect of how morale could be affected if reasonable accommodations aren’t made. The key here is reasonable.
Address Workloads
If a pregnant employee is unable to do all of her job duties, or when she is out on maternity leave, ensure that the employees entrusted with covering for her are compensated in some way. While disgruntled employees do not directly affect discrimination in the workplace, they can create a hostile work environment and problems for managers and supervisors. Addressing these issues before they become major problems is best.
Understand How the ADA Comes into Play
A pregnant employee may be covered by the Americans with Disabilities Act if your company employs more than 15 employees and the employee has a physical infirmity or complication due to pregnancy or childbirth. This could include being unable to walk long distances or lift heavy objects. For an employer to deny a reasonable accommodation, you must be able to prove that it would place an undue hardship on the business.
Pregnancy discrimination in the workplace is a growing problem. We’ll most likely see some big changes coming with the Supreme Court Case.
If you believe you’ve been a victim of discrimination, you need a tenacious employment lawyer on your side to help you make sense of the law and fight for your rights. Pregnancy should be a happy time not one where your main concern is losing your job.
Wenzel Fenton Cabassa, P.A. has helped thousands of Floridians understand their rights. Contact us today for a free case evaluation at 813-579-2483.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### How to Win a Wrongful Termination Lawsuit in Florida
If you have recently been fired, you may qualify for a wrongful termination lawsuit in Florida. A wrongful termination lawyer specializes in employee rights and leads as your advocate to seek justice.
Understandably, you could be wondering how to win a wrongful termination lawsuit. An experienced employment law attorney leverages legal expertise, skill, and strategy to fight hard for employee rights and hold employers who violate the law accountable for their actions. They understand the complexities and challenges of how to win a wrongful termination lawsuit. However, when employees are fired, certain situations could be considered illegal by their employer and qualify for a wrongful termination lawsuit.
What Qualifies for a Wrongful Termination Lawsuit?
Even if you feel that your firing was unfair, that does not mean you have a case. But it is not uncommon for employers to violate state and federal anti-discrimination laws. Here are examples of specific situations that may qualify for a wrongful termination lawsuit:

Fired for fighting for unpaid wages or unpaid overtime
Fired after being subject to and/or reporting sexual harassment
Fired after you legally took time off under FMLA to have a baby or care for a relative with a serious illness or injury
Fired after filing a workers compensation claim
Fired after whistleblowing about illegal business practices or unsafe working conditions

Violating state and federal anti-discrimination laws is taken very seriously and comes with harsh consequences for employers. There are certain steps that employees can take when they are thinking about how to win a wrongful termination lawsuit.
What You Can Do to Help Prove Your Case
Your wrongful termination lawyer will take the lead, thoroughly reviewing the details of the situation to determine the strategy to make a strong case. But there are also actions that you can take as well. Documentation is important and can play a central role in helping to prove your case. There are multiple types of documentation that an attorney may utilize to strengthen a wrongful termination lawsuit. These include:

Human resource documents such as employee handbooks and related materials regarding company policies
Paystubs, timesheets, and schedules
Employee reviews
Contracts and employment agreements
Documentation of discrimination including dates/persons involved or witnesses, details of actions and conversations/language, locations, and any other relevant information
Relevant media such as photographs, videos, or audio recordings of unsafe workplaces, alleged discriminatory behavior, offensive language, and other behaviors relevant to your case
Family and Medical Leave Act (FMLA) documentation
Texts or voicemails that contain harassing, offensive, or discriminatory images or language
Relevant emails, memos, or other letters

These varying types of documentation can be powerful in proving motive in the firing. Employers will typically deny that particular behaviors or actions such as inappropriate sexual advances occurred. Still, if you have documentation that assists in substantiating your claim, you can refute their denial.
Even if you do not think you have much documentation, you should still consult with a wrongful termination lawyer. You may have more than you think to resolve a case and get a settlement.
What Factors are Considered When Calculating Settlements? 
When a wrongful termination lawyer is at the stage of negotiating a settlement, multiple factors can be taken under consideration for the calculation to get a fair resolution for their clients. Each situation is different, but under employment law, here are typical factors that are considered:

The reason for the wrongful termination
Lost earnings
Lost benefits
Emotional distress
Job search costs
Medical expenses
Punitive damages
Attorney fees

Having a wrongful termination lawyer on your side is key to getting the best outcome. Employers have their own lawyers, and employees have the right to their own attorney to stand up to aggressive lawyers and fight for a fair settlement.
Wenzel Fenton Cabassa, P.A. – Wrongful Termination Lawyers
At Wenzel Fenton Cabassa, P.A., our dedicated team is highly skilled and experienced in employment law. We know how to win a wrongful termination lawsuit and are strong advocates for our clients every step of the way. We listen, strategize, and fight for the rights of employees across the state of Florida.
If you believe you have a wrongful termination case, contact us today to schedule a free, confidential case evaluation. We have helped thousands of employees get the justice they deserve.
Wenzel Fenton Cabassa, P.A. is a contingency law firm. We are paid only if we obtain compensation for you. “No Fee Unless We Win”

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### I Just Got Fired. Now What?
Getting terminated from a job is very stressful. Not only do you have financial concerns but your pride suffers as well. It hurts to be told, “this just isn’t working out”.
While Florida is an at-will state, and you can be fired at any time, there are several reasons employers can’t fire you. Knowing these reasons will help you understand whether you have a case of wrongful termination. If you do, it’s important that you meet with an employment attorney right away because there is a limited window in which you can file.
Know Your Rights
If you were fired for any of the following reasons you may have a wrongful termination suit. You cannot be fired or discriminated against for being:

Pregnant (or having a medical condition related to pregnancy or childbirth)
On active or reserve military duty
Of a particular race, gender (including transgendered), ethnicity, or religion
Disabled
Over 40 years old

If you are part of a whistleblowing investigation involving your employer, have refused to take a lie detector test, or have an employment contract that has been violated, you should contact an employment attorney to advise you of your rights.
Keep Your Cool and Carry On
Just because your employer may have acted unprofessionally, there is no reason for you to do so as well. Until you speak to an attorney, it is best not to say anything at all. Don’t tell coworkers of your plans or defame your employer in any way. You don’t want an employer to cite misconduct or unprofessionalism as the reason for your termination.
While you’re working through a wrongful termination scenario, update your resume and look for a new job. Don’t rely on a suit getting you your old job back.
Document Your Case
If any of the reasons above fit your situation begin documenting your experiences. Ideally, you will have already compiled some of the emails or conversations that occurred at your place of employment before your termination since it is unlikely you will have direct, easy access to this information once you’ve been fired.
Documentation can take the form of emails, recorded conversations, texts, transcripts of conversations, letters, documents, written recollection of events, voicemail messages, etc. Compile this information as quickly as possible. Record those involved in each conversation and the date to the best of your recollection.
Seek the Help of an Employment Attorney
A protected class is not the only actionable cause in a wrongful termination suit. If your employer acted unfairly, you may have a claim on a breach of good faith. An employment attorney can help you make sense of your situation and decide whether you have the basis for a claim.
Since wrongful termination must be proved by the employee, it’s important to secure legal counsel as soon as possible. An attorney will review your documentation and provide the counsel you need to mount an effective fight against your former employer.
If you feel you’ve been wrongfully terminated by your employer, or your employment agreement was violated, contact Wenzel Fenton Cabassa, P.A. today to schedule your free case evaluation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### I Was Demoted Due to Employment Retaliation. Now What?
Employment retaliation can have severe consequences for workers across Florida. Employees may suffer financially, have their careers backtracked, and incur other negative after-effects.
If you have been demoted due to activity that is protected under employment laws, that is illegal. You may have an employment retaliation claim against your employer, which would be filed with the Equal Employment Opportunity Commission (EEOC) and Florida Commission on Human Rights with a c description of the situation and the adverse action and other pertinent information regarding the employer’s illegal actions. Due to the complexity of a retaliation case, it is highly recommended to work with an employment lawyer to achieve the optimum outcome for your employment retaliation claim.
What is an adverse action as it relates to employment retaliation?
The adverse action is at the core of an employment retaliation claim. Adverse action is a broad term that encompasses a wide array of circumstances that the EEOC defines as any employment action that “might deter a reasonable person from engaging in protected activity.”
Protected activities are activities such as the following, which you, as an employee, have a right to engage in:

filing a discrimination complaint,
filing a sexual harassment complaint,
participating in an equal employment opportunity (EEO) legal or administrative process, or
taking approved leave from work under the Family Medical Leave Act (FMLA)

If your employer demoted you after filing a complaint, participating in an EEO process, or taking FMLA leave, you might have a case for employment retaliation. It is important to note that not all actions taken by an employer would amount to employment law violations.
Illegal Retaliation vs. Unfair Treatment: Do you have a case?
Varying situations may occur in the workplace that could be considered unfair or even retaliatory, including a demotion, but it would only be considered a case of illegal retaliation if what occurred falls within the parameters described under associated employment law.
Title VII of the 1964 Civil Rights Act details three things that must be proven for employment retaliation:

The employee engaged in protected activity
The employer took a material adverse action against the employee
The employer took this adverse employment action specifically because the employee engaged in protected activity

If you have been demoted and believe the above three things occurred, consult with an employment attorney to discuss your legal options moving forward.
It is important to note that the third component – linking the adverse employment action to the protected activity – does not have to have direct evidence. The case, however, must show that it is more than likely to have occurred because you engaged in protected activity that is not, which is considered a “causal link.” The causal link may be established in varying ways, including:

Showing that shortly after the employee engaged in the protected activity, the adverse action occurred
Presenting written or oral statements that show retaliatory animus towards the employee or reveal predetermined decisions
Showing that the employer has inconsistencies or shifts in their reasoning for the adverse action
Presenting an analysis of other employees at the company in similar situation/status who have not engaged in protected activity and were treated more favorably by the employer

What are examples of adverse employment actions in the workplace as it relates to retaliation?
Demotions are a common adverse action in an employment retaliation claim. But multiple other examples can occur in the workplace that could qualify for a case. Adverse employment actions related to retaliation can include:

Reductions in monthly salary or hourly wages
Transfers of job duties
“Undeserved” performance ratings
Failure to hire due to protected activity
Failure to receive promotions
Placement on administrative leave
Negative job references that are false
Extended disciplinary suspension

These are examples that could be included in an employment retaliation case, but they are not necessarily a fully comprehensive listing of adverse actions.
EEOC retaliation guidance: What you need to know
The EEOC utilizes multiple laws to prohibit retaliation and related conduct and protect employee rights. In addition to Title VII, other laws include:

Age Discrimination in Employment Act (ADEA)
Title V of the Americans with Disabilities Act (ADA)
Section 501 of the Rehabilitation Act (Rehabilitation Act)
Equal Pay Act (EPA)
Title II of the Genetic Information Nondiscrimination Act (GINA)

All employees covered by EEO laws are eligible for retaliation cases, whether they are full-time, part-time, probationary, seasonal, or temporary, and include applicants and current and former employees. Additionally, EEO laws apply to individuals regardless of the employee’s citizenship or work authorization.
EEOC laws also cover family members or close friends. If an employer takes action against a family member or close friend to retaliate against an employee, both individuals involved could have a legal claim against the employer.
What should I do if I’ve experienced employment retaliation?
If you have been demoted or experienced employment retaliation in another form, consult with an employment rights attorney. They will review and analyze the situation and information and provide expert legal guidance regarding employment retaliation cases.
If your employment retaliation claim is proven, there are several potential remedies listed by the EEOC:

Preliminary relief — temporary or preliminary relief while the process is completed, asking the court to stop the retaliation before it continues (such as demotions or reductions in pay)
Compensatory and punitive damages — money damages to compensate the employee and punish the employer (private employers only)
Other Relief — equitable relief such as back pay, front pay, or reinstatement into a job, etc. Additional relief can include employer policy and procedure changes, managerial training, or other measures intended to promote future compliance.

Wenzel Fenton Cabassa, P.A. are strong, dedicated advocates of employee rights. We work diligently and aggressively to hold employers accountable for violations of employment laws and have helped thousands of employees across the state.
Illegal retaliation negatively impacts the lives of Florida employees and their families in multiple ways. You should not have to fight bullying and powerful employers on your own.
You have the right to legal counsel, and we are here to help.
Contact us today to set up a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Important FFCRA Update
What You Need to Know About Updates to the Families First Coronavirus Response Act
In March 2020, Congress passed into law the Department of Labor’s (DOL) Families First Coronavirus Response Act (FFCRA). On March 18, 2020, the president signed the FFCRA, with the legislation going into effect on April 1, 2020, and lasting through December 31, 2020.
The FFCRA brings emergency family and medical leave, as well as paid sick leave, for many employees across the country. It contained a number of detailed requirements that limited access to the benefits for numerous employees and families in the United States. Shortly after the legislation was passed and signed into law, the State of New York challenged some of the provisions by filing a lawsuit.
Important Update to the FFCRA

On August 3, 2020, the Southern District of New York (SDNY), a federal U.S. District Court, struck down four provisions of the Families First Coronavirus Response Act. State of New York v. U.S. Department of Labor et al., No. 1:20-cv-03020 (S.D. N.Y. Aug. 3, 2020).
These four provisions are:

The requirement that employees must secure consent for intermittent leave for certain qualifying reasons
The requirement that documentation be provided before taking leave
The exclusion from employee benefits whose employers do not have work for them
The definition of who qualifies for the healthcare provider exemption

The rest of the FFCRA was left intact as written. Effective September, 16, 2020, new regulations issued by the DOL took effect and clarified the provisions described above. Further blog posts will describe these regulatory changes.
What Does This Mean for Employers and Employees?
Due to the nature of the COVID-19 pandemic, there was an immediacy for Congress to do something to help working families. In this rush, which is not uncommon, there were flaws in the legislation.
Employers who were following the previous legislation and regulations may now find themselves confused or, in certain circumstances, not follow the revised law due to either ignorance or willfulness.
Now, with these four provisions being struck down, and new regulations in place, many more employees across the country will be eligible for emergency family and medical leave, as well as paid sick leave. This is great news for employee rights. It is important for Florida employees to understand the changes to the FFCRA because it can make a significant difference in their financial situation for the near future.
Legal Assistance With Employee Rights & the FFCRA

When working families are economically suffering, and there is current legislation that can help them, it is critical to get them the financial assistance they need and are lawfully owed. The FFCRA is quite complex, though, and it is difficult for both employers and employees to fully comprehend. The Department of Labor does have a questions and answers page on their website. It is lengthy.
Have you been refused benefits of the FFCRA by your employer? Have you been terminated due to COVID-19? We are closely tracking the ever-changing status of the law and stand ready to evaluate your particular circumstances.
Wenzel Fenton Cabassa, P.A. are employee rights attorneys that help workers across the State of Florida get justice and hold employers accountable who violate the law. From wrongful termination to violations of the FMLA, our employment lawyers are with you every step of the way and lead as your legal advocate.
We are dedicated employment lawyers with in-depth expertise and experience and navigate the legal system proficiently regarding complex employment law.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Independent Contractors in Florida: Understanding Your Workplace Rights
Independent contractors in Florida can fulfill multiple needs for employers. They may help during peak business times, provide short-term help for special events or promotions, or even serve a primary ongoing role for a particular type of service. Understanding the difference between an employee vs. independent contractor is important to ensure workplace rights are upheld.
Did you sign an independent contractor agreement in Florida and are now concerned about independent contractor labor laws? The following information will clarify the differences between an employee vs. independent contractor, and provide you with additional valuable information.
Employee vs. Contractor Checklist: The Basics
There are clear differences in the business relationship of an independent contractor in Florida and employees with the companies they work for in the state. One of the primary differences is that employers are not required to take out taxes and other legal deductions such as Social Security and Medicare, for independent contractors, including state, federal, or local taxes.
Additional differences in the business relationship between employers of independent contractors in Florida and employees are detailed in this checklist.
Employee
✔ Employer reports all money paid to the employee during the tax year on a W-2
✔ Generally, an employee is paid an hourly rate or a salary
✔ Payment period remains the same unless formally changed (ex: weekly, biweekly, or monthly)
✔ Employer reports employee for state and federal Unemployment Insurance and Workers’ Compensation insurance
✔ Employees are covered by several federal and state employment and labor laws
Independent Contractor 
✔ Independent contractor in Florida reports payments of $600 or more in a calendar year on a IRS Form 1099
✔ Compensation may be a total amount for a specific task completed or in the form of hourly, daily, or weekly rates and is typically paid when work is complete
✔ Payment is due after an invoice is sent by the contractor; terms of contract or Statement of Work dictates when payments are made
✔ Employer does not report independent contractor for state and federal Unemployment Insurance or Workers’ Compensation insurance
✔ Independent contractors are not covered by employment and labor laws
Employees are also offered benefits such as vacation, sick time or other paid time of, health insurance and 401K contributions, while independent contractors are not.
The Complexities of Classification
With these basic distinctions, independent contractors in Florida should be clear on the parameters of a contract before signing an agreement with a company. Being an independent contractor can be a good way to bring in income, but understand you are not a typical employee with protections under federal and state laws regarding workplace rights.
Problems can arise when workers that are legally considered employees are being treated as independent contractors in Florida. Even if you sign a contract with language that says you are an independent contractor, that does not necessarily mean that you are one. The control of work and work behavior is central to this analysis, including financial control, behavioral control, and the relationship that exists between the worker and the employer. If you are under the employer’s control from an operational as well as financial aspect, you are probably legally considered an employee even if you signed an independent contractor agreement. 
The U.S. Supreme Court has ruled that no single test or rule differentiates an independent contractor from an employee. They instruct that the overall work situation must be evaluated as a whole., which is why the basic guide above is not the only information to consider. Workers must always be alert to being misclassified.
Misclassification Risks to Employees
Misclassification can occur when employers want to receive financial savings by not paying benefits and be responsible for taxes for employees. They may want to take advantage of your talent and expertise but not be required by law to adhere to the Fair Labor Standards Act (FLSA) and other federal and state employment laws protecting workers.
Common Industries Where Workers are Misclassified
Employees are required to receive at least the minimum wage set under federal law, or the higher wage set by local or state law. Independent contractors are not. Here are some common industries/jobs where workers are misclassified as independent contractors in Florida:

Delivery and courier services
Maintenance crews
Hospitality workers
Healthcare, including nurses and home health aides
Food production, including workers in food processing plants
Hair and nail salon workers
Vendors/stocking workers

These are common industries where employers may misclassify workers. Although, this list is not comprehensive. Other cases of misclassification can occur across Florida.
Laws Protecting Independent Contractors
The laws in Florida are in alignment with the U.S. Supreme Court, Internal Revenue Service guidance and regulations and other applicable court rulings. It comes down to control and the economic dependence the worker has on the employer, which includes:

the control of details of the work performed,
the supervision the employer has over the worker and the work performed,
the duration and exclusivity of the worker’s relationship with the company,,
written agreements or understanding between the worker and the company as to the scope and terms of the relationship, and
whether or not the tools/resources needed to perform the job are provided by the worker or the employer.

Independent contractors are responsible for their own state and federal taxes, and other payments such as Social Security and Medicare contributions. It is also important to note that workers who receive a 1099-MISC form are not entitled to overtime pay.
If the tax documents by the employer report all money paid to the employee during the tax year on a W-2 instead of a 1099, then the worker is considered an employee.
Independent contractor labor laws are in place to allow entrepreneurs and others to obtain work, but employers should not exploit these.
Employee vs. Independent Contractor: Understanding Your Workplace Rights
There are many successful independent contractors in Florida. But it is important to be clear if you are properly classified to ensure your workplace rights are being honored under state and federal law.
Employees in healthcare, hospitality, delivery services, maintenance, and other fields can be taken advantage of by employers, including not receiving benefits and not being paid overtime that they are rightfully due. Even if you signed a contract, that does not necessarily mean you would be legally defined as an independent contractor in Florida.
Consider the basic differentiations listed above first and then get clarification on the control of the work and your working relationship with the employer. If you feel you have been misclassified and your rights as a legal employee have been violated, consult with an employee rights attorney.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Intern or Employee?
How Misclassification Can Lead to Unpaid Wages
Intern programs are an attractive entry-point to gain work experience. Many students and people who have difficulty landing a position in their chosen field are eager to “get their foot in the door.”
Some trade pay for experience, agreeing to work for no pay or below minimum wage.
On the other hand, some employers believe they provide an opportunity and either ignore or do not understand federal wage and hour obligations with respect to “interns.”

Interns and Unpaid Wages
As a general rule, an employee, defined as “any individual employed by an employer”, must be paid at least the federal minimum wage, pursuant to the federal Fair Labor Standards Act (“FLSA”), among other obligation imposed by the FLSA.
An employee may also be eligible for overtime compensation under the FLSA.
If the internship meets very specific requirements, the Fair Labor Standards Act payment provisions will not apply and that intern may work as an unpaid intern. The requirements adopted by the U.S. Department of Labor to identify interns (i.e. individuals who are part of programs that provide training for their own educational benefit are) are found at U.S. Department of Labor Fact Sheet 71.
To summarize, the employer must satisfy the following six criteria to avoid payment of wages as mandated by the FLSA:

The internship is similar to training that would be offered in an educational environment;
The internship is for the benefit of the intern;
The intern does not displace a regular employee, but works under the close supervision of existing staff;
The employer that provides the training derives no immediate advantage from the activities of the intern, and, on occasion, the employer’s actual operations may be impeded;
The intern is not necessarily entitled to a job at the completion of the internship; and
The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

Misclassification Leads to Unpaid Wages
Over the past several years there have been several high-profile cases in which hundreds of “interns” were awarded unpaid wages because they had been misclassified as “interns” and were not paid in accordance with the FLSA. Damages in an FLSA action also include a claim for liquidated damages, attorneys’ fees and costs.
If you believe you were not paid all wages due during an internship, contact Wenzel Fenton Cabassa P.A.
We will gladly review the facts of your claim to determine if that summer introduction to the working world was really a qualified internship or if it was a summer job for which you are entitled to wage payments.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Is obesity a disability protected by law?
A Nebraska man has appealed a lower court’s decision that his obesity is not a physical impairment protected by the Americans with Disabilities Act (ADA).
Melvin Morriss III maintains he was denied a job because of the current and future impairments the company associated with his weight.
In May 2011, Mr. Morriss, whose body-mass index is about 40, was given a conditional offer of employment from BNSF Railway Company, as a machinist. According to his claim, he passed all the required tests, but his workplace physical exam showed he was “morbidly obese.”
The company cited workplace policy, saying Mr. Morriss was not qualified for the “safety sensitive” machinist job due to health and safety risks associated with his obesity.
The question Mr. Morriss raises in his suit is: When does obesity count as a protected disorder under the ADA?
Specifically, is an employee’s weight an impairment — or can it be perceived as an impairment as defined under the ADA?
The federal district court held that Mr. Morriss’ obesity was not an actual impairment under the ADA, and it could only be considered if it were caused by a physiological condition or as a symptom of a previous health related issue.
Some have questioned the implications of the court’s holding, as oftentimes it may not be possible for an employer to know if an individual’s obesity is caused by an underlying problem or not. Also, since the decision, there have been some amendments to the ADA.
Mr. Morriss is appealing. In a brief to the U.S. Court of Appeals for the Eighth Circuit, his attorneys argue that some medical groups classify obesity as a disease, and medications and surgical intervention are often used as treatment.
On the other hand, BNSF Railway, in its brief, argues that obesity may only form the basis of a claim if the employer perceived the person’s weight as a present impairment. In this case, BNSF argues, the employer did not. The company’s decision to not hire Mr. Morriss was not based on a perceived impairment but instead, merely a physical characteristic — like red-headedness, BNSF’s brief states.
The U.S. Chamber of Commerce also filed a brief, arguing that obesity is not an ADA disability when it neither causes a significant functional impairment nor is caused by a physiological disorder. Doing otherwise would be an unreasonable burden on employers, the Chamber argued.
On the other hand, the U.S. Equal Employment Commission has filed an amicus brief in support of Mr. Morriss, arguing that obesity should be considered a disability under the ADA whenever it exceeds the “normal” range. It’s unclear, though, exactly where that line would be drawn. Let us at Wenzel Fenton Cabassa help you with your employment rights case by calling us today.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Is Pregnancy Considered a Disability at Work?
The Americans with Disabilities Act (ADA) was designed to ensure people with qualifying disabilities weren’t discriminated against based on their disability. It covers discrimination in employment, transportation, public accommodation, communications, and governmental activities. But is pregnancy considered a disability and are women protected under the ADA?

Are you being discriminated against for being pregnant at work?
Get the help you need with our free eBook.
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What Qualifies as a Disability Under ADA?
Before addressing whether pregnancy qualifies as a disability, it’s important to establish who is protected under the ADA. In order to qualify as having a disability you must:

Work for an employer with more than 15 people, or
Be employed by state, local, or federal government, or
Be employed by a contractor or subcontractor who does more than $10,000 a year of work with government entities, or
Work for an employment agency, labor organization or joint labor-management committee with any number of employees, or
You are a disabled veteran who works for a private sector employer that does government work amounting to at least $25,000 annually.

An individual with a disability as defined by the United States Department of Labor is one who:

has a physical or mental impairment that substantially limits one or more major life activities;
has a record of such an impairment; or
is regarded as having such an impairment.

Under this definition, pregnancy would not qualify as a disability. However, that doesn’t mean a pregnant woman doesn’t have protection under the law, including the right to accommodation should she require it.

Find out how Pregnancy Discrimination landed a Florida business in hot water.
 
What Rights Does a Pregnant Employee Have?
When it comes to employment discrimination and pregnancy, “fair” and realistic accommodations must be made.
Fair means that the employer must do for a pregnant employee what they would do for another employee in need of assistance. For instance, if the employer removed a heavy lifting requirement from a job description for an employee with a back injury, the employer must do the same for the pregnant employee.
Realistic means that the accommodation can’t be so extraordinary that it jeopardizes the business nor can it be over and above what is necessary. For instance, an employee requesting an ergonomic chair to help with the discomfort of pregnancy is a realistic request, while asking for a town car and a driver because the employee no longer wants to drive herself for work is not a realistic accommodation.
Pregnancy is protected under the Pregnancy Discrimination Act, which stipulates that “an employer cannot fire, refuse to hire, demote, or take any other adverse action against a woman if pregnancy, childbirth, or a related medical condition was a motivating factor in the adverse employment action. This is true even if the employer believes it is acting in the employee’s best interest.”
The protections also apply to a past pregnancy or a pregnancy-related complication or issue that arises from birth. The Pregnancy Discrimination Act also protects women from being discriminated against by employers just because she is of “childbearing” age.
Pregnancy discrimination is a vast topic with lots of nuances. It can be hard to understand. If you would like to know more about pregnancy discrimination and your rights, download our free eBook: Guide to Protecting Yourself Against Pregnancy Discrimination today.
If you think your employment rights have been violated based on your pregnancy, give us a call. The initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Is your office a hostile work environment?
Florida law has a specific definition of what constitutes a hostile work environment. Find out if yours qualifies.
Your boss is a bully. Your co-workers yell at you one day, ignore you the next – and one of them’s leaving offensive notes in your in-box. And none of it shows any sign of stopping anytime soon. Is your office a hostile work environment?
Maybe. But like so many terms used by lawyers, the phrase “hostile work environment” has a specific legal meaning. It’s not applicable to a workplace just because your coworkers are mean and petty people, for example. Just because a workplace is intimidating, stressful or unpleasant doesn’t make it hostile, at least not from a legal perspective.
In order to legally qualify as a hostile work environment, a workplace has to meet three criteria:




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### It Happens to Men Too – Protect Yourself & Report Sexual Harassment at Work
The rise in attention around workplace sexual harassment has prompted a greater understanding of employee rights. Usually, the conversation is about men harassing women —but it happens to men too.
With the #MeToo movement gaining momentum, women have felt more empowered to share their stories of sexual harassment and assault at the hands of some very powerful men, such as Harvey Weinstein, Kevin Spacey and Charlie Rose. However, little is mentioned of men being victimized.
Fortunately, celebrities such as Terry Crews and Brendan Fraser have used their platform to raise awareness of the sexual harassment of men in hopes of removing the shame and stigma felt by victims and place the accountability on the violator.

“This is about accountability. This is about discipline. I don’t want revenge, that’s not what I’m looking for. What I’m looking for is discipline. Because they tried to throw the shame on me, and I have to keep reminding myself — I will not be shamed. I did nothing wrong. You almost have to repeat it. Because somehow our society is wired for the victim to take the whole brunt of shame. Because if no one gets a pass, if everyone holds everyone accountable every time, the whole system will be disciplined into knowing how to behave because this is all about not accepting this foul behavior.” – Terry Crews, NPR Interview

Nearly 1 in 5 EEOC Complaints of Workplace Sexual Harassment Are From Men
The U.S. Equal Employment Opportunity Commission is the federal government agency that administers and enforces civil rights laws against workplace discrimination. According to their statistics, about 16.5% of complaints over the last decade have been submitted by men. While that number is staggering, the number of cases could be higher if one takes into account the number of men who experienced sexual harassment at work but did not report it.
If you are being sexually harassed at work, you are protected under civil rights legislation from harassment that may include:

Inappropriate touching or “violating your space”
Sexual comments or leering looks
Comments about your body or your clothing
Sexual propositions or repeated requests for dates
Implied threats about your employment status

Keep in mind, it is not uncommon for men to be targeted for their gender identity or because they are not “sufficiently masculine.” This type of workplace sexual harassment happens across industries and should never be tolerated. Any of these unwanted and illegal behaviors can come from a business owner, a direct supervisor, a fellow employee, or even a client/customer.

Hold Them Accountable
If the harassing behavior is ongoing, making it stop is the first priority. You have a right to tell your harassers to stop the unwanted actions and to report it to human resources. If the sexual harassment continues, or if you are terminated in retaliation, your remedies may include:

Reinstatement to your job with all pay and benefits
Back pay from the date of termination to the settlement or verdict
“Front pay” damages of what you would have earned had you continued there
Emotional damages for psychological suffering and damage to reputation
Other punitive or compensatory damages depending on the severity of the claim

Violators need to be held accountable for their actions. Sexual harassment is a serious matter whether you are a woman or a man. It often causes stress, loss of focus, and even a decrease in job performance. You have a right to work in an environment free of intimidation — and grow your career without having to be subject to inappropriate and threatening language and behaviors.
Employment Lawyers Fight for Your Rights
If you have been the subject of workplace sexual harassment, contact Wenzel Fenton Cabassa, P.A. today for a free, confidential case evaluation. We help employees who have been wronged by employers — working diligently to assure you get the best results.
We have offices in Tampa, St. Petersburg, Orlando, Miami, Sarasota or Jacksonville for your convenience.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Job applicant wins in U.S Supreme Court
An employer cannot refuse to hire someone to avoid making a religious accommodation — even if the employer did not actually know the accommodation was needed.
It is enough for the employer to suspect that the accommodation is needed — or for it to be a motivating factor in the employer’s decision, the U.S. Supreme Court held in E.E.O.C. v. Abercrombie & Fitch Stores.
In this recent case, the U.S. Supreme Court held in favor of a Muslim woman who was denied employment by a children’s store owned by Abercrombie & Fitch in a Tulsa, Okla. mall.
The woman, Samantha Elauf, wore a black head scarf to the job interview, but she did not say why.
The court heard evidence that the store’s assistant manager believed that Elauf wore the head scarf for religious reasons. It was not necessary, Justice Anton Scalia wrote for the majority, for Elauf to have confirmed that fact — or for the assistant manager to know for certain.
“Instead, the intentional discrimination provision prohibits certain motives, regardless of the state of the actor’s knowledge,” Scalia wrote. “Motive and knowledge are separate concepts.”
The vote was 8 to 1, with Justice Clarence Thomas dissenting.
This decision was a win for religious minorities and wronged job applicants and employees, who now do not have to make a specific request for a religious accommodation in order to obtain relief under Title VII of the Civil Rights Act of 1964.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Know Your Employee Rights: U.S. Enacting New Overtime Pay Rule
Employees across Florida and the U.S. work hard for their paychecks. Often more than 40 hours per week. Are you getting the proper overtime pay? If not, you should consult an unpaid wages attorney. Do you know if you qualify for overtime pay? If you did not before, you might very well qualify for it beginning in January 2020 now that the U.S. Department of Labor has enacted a new overtime pay rule.
Knowing your employee rights is crucial because it is not uncommon for employers to try to save money by not paying employees who qualify for overtime money they are rightfully owed. Wage and hour violations should never be tolerated.
At Wenzel Fenton Cabassa, P.A., we have dedicated employment law attorneys that fight for the rights of employees across Florida get the compensation they deserve. We also place a priority in giving you the information that you need to make the best legal decisions for you and your family.
Here is what you need to know about overtime pay and the new overtime pay rule:
The U.S. Department of Labor and Overtime Pay
The United States Department of Labor (DOL) is the federal agency that administers many of the rules and regulations which make up the Federal employment laws. Within the DOL is the Wage and Hour Division (WHD). The WHD’s mission is to “promote and achieve compliance with labor standards to protect and enhance the welfare of the Nation’s workforce,” including:

enforcement of Federal minimum wage,
overtime pay,
unpaid wages and commissions, and more

The law that the WHD enforces in regards to overtime pay is called the Fair Labor Standards Act (FLSA).
Changes to the Fair Labor Standards Act and Overtime Pay
The FLSA sets certain federal guidelines for who qualifies for overtime pay. Currently, the law in effect states that most workers earning $23,660 or less are entitled to receive overtime pay (time and a half) for time worked over 40 hours within that particular workweek.
But that will be changing beginning January 1, 2020. The Department of Labor has recently announced a final overtime pay rule that will make approximately 1.3 million more workers across the country eligible for overtime pay. Taking effect next year, employees who earn $35,568 per year or less will be entitled to overtime pay. The new rule raises the salary test and therefore covers many employees who were previously disqualified from overtime premium pay because they made more than $23,600 and met a duty test.
This is a significant change to help employees who put in more than 40 hours per week who are currently not getting paid time and a half for those extra hours. The new rule is the first of its kind to pass in 15 years. Workers across a wide variety of industries will benefit from this new overtime pay rule as long as their employers are following the new standards under the Fair Labor Standards Act. This could include employees and managers working in retail or hospitality, healthcare, technology, and many others.
But that does not always happen. This is when workers should contact an employment law attorney.
Wenzel Fenton Cabassa, P.A. Fight for Overtime Pay

When employers commit wage and hour violations, an employment law attorney leads as an advocate for your rights to fair compensation. Are you currently making $23,660 and being denied overtime pay for extra hours you work over 40 during a workweek? If this is the case, contact Wenzel Fenton Cabassa, P.A., to set up a free, confidential case evaluation to discuss how we can help.
Also, if you qualify for the new overtime rule at the beginning of the year in 2020, it is important to keep an eye on your paycheck to make sure that your employer is following the law and you are getting paid appropriately for any overtime you work.
Wenzel Fenton Cabassa, P.A. are employment law attorneys that fight for overtime pay to hold employers accountable for wage and hour violations. We also work with many other areas of employment law including workplace retaliation, whistleblower retaliation, and wrongful termination.
Locations available in Tampa, St. Petersburg, Sarasota, Orlando, Jacksonville, West Palm Beach, and Miami.

Wenzel Fenton Cabassa, P.A. has been named in U.S. News & World Report “Best Law Firms” (2019) and “Top Lawyers” in Tampa Magazine (2019).

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Know Your FCRA Rights
FCRA law regulates credit reports and credit scores — this is widely known. But it goes much further than that. The Fair Credit Reporting Act (FCRA) provides valuable protections for general consumers and for job applicants and employees.
FCRA violations happen in Florida more often than you think. They affect the lives and livelihoods of many people across the state every year. An FCRA lawyer can help.
Experienced FCRA Lawyers Fight for Justice
At Wenzel Fenton Cabassa, P.A., we have experienced FCRA attorneys that fight for justice when companies commit a credit report violation. We have in-depth knowledge of FCRA law and are dedicated to the rights of Florida employees.
FCRA Law and Your Rights
The Fair Credit Report Act is administered by the Consumer Financial Protection Bureau, the federal agency that implements and enforces federal consumer financial law and ensures that markets for consumer financial products are fair, transparent, and competitive.
Did you know that companies cannot automatically do a background check just because you applied for a job?
There are very specific guidelines in the FCRA that companies must follow during the hiring process as well as during employment. This includes retention, promotion, and reassignment. Unfortunately, that does not always happen. When employers use your personal information to make employment decisions, such as during the hiring process, they may have committed a credit report violation.
FCRA Notice and Consent
When you are interviewing for a job or applying for a promotion, it is quite common for a company to do a credit check/background check. But — they must do it the right way. Under the FCRA, you must give your consent for reports to be provided to employers. They do not have automatic access to your personal information in your report.
The FCRA notice and consent must be in writing. Additionally, it cannot be hidden in small print at the bottom of a job application. Under the law, there must be a separate document or documents that you sign to give the potential employer the ability to perform a background check. As a standard rule, employers across industries have to follow these guidelines. Written consent generally is not required in the trucking industry.
If you did not give written consent for a potential employer to do a background check, contact an FCRA lawyer.
Right to Dispute
A company does not have the right to automatically reject you for a position if something comes up on a background check that they feel disqualifies you for that job. You are entitled to review the report and dispute the information — and the company must give you a reasonable amount of time to do that.
What this means is that you have a right to review and dispute before the company takes any adverse action against you. They must give you a notice. This is called a “pre-adverse action notice.”
Pre-adverse Action Notice 
The pre-adverse action noticeinforms an applicant or employee of the right to see information being reported to the employer in a consumer report. It also informs the individual of the right to correct any inaccurate information. Under FCRA law, the pre-adverse action notice should also include a copy of the individual’s consumer report and the Consumer Financial Protection Bureau’s Summary of Rights.
After the notice is given, the company must give you a reasonable amount of time to review and, if needed, dispute any incorrect information in the report. It is not uncommon for people to have incorrect information in their consumer reports. The standard time that is typically given to respond to the report is five business days. After that time, the company is able to provide an “adverse action notice.”
Adverse Action Notice
Under FCRA law, the adverse action notice should provide an applicant or employee with detailed, relevant information, including:

A copy of the consumer report.
The name, address, and phone number of the consumer reporting company that supplied the report.
A statement that confirms the particular company that supplied the consumer report did not make the decision to take the unfavorable action against you and can’t give specific reasons for it.
A notice of your right to dispute the accuracy or completeness of any information the consumer reporting company furnished.
An additional free report from the consumer reporting company if you ask for it within 60 days.

Examples of items that could be included in an adverse action notice and consumer report/background check that could affect an individual getting hired or promoted (whether or not that information is correct) include:

Limited or no credit
Past or present delinquent accounts
Unverifiable employment
Foreclosures or repossessions
An insufficient number or invalid type of credit references
Bankruptcies

These could come up on your background check if you are a victim of identity theft. Identity theft occurs when someone uses your name, Social Security number, date of birth, or other identifying information, without authority, to commit fraud. This can show up in the form of a credit card account or loan opened up in your name or other accounts. If one or more of these items show up fraudulently on your background check after a potential or current employer receives your report, they must give you a reasonable time to dispute the information prior to making a decision or face potential FCRA violations.
Even if one or more of these items are valid on your background check, the company still must follow all of the rules designated by the Fair Credit Reporting Act. If they do not, this could be a credit report violation. You may have an FCRA case and should speak with an FCRA lawyer to determine if you should seek damages and potentially sue in state or federal court.
Examples of FCRA Violations
There are multiple actions that a company may take that could be a violation of FCRA law. Here are two examples of FCRA violations:

An individual fills out an online application for a department head position at a national retail chain. They are asked to go in for an interview. While they are in the office, they sign an FCRA notice and consent for a background check. They believe the interview goes well and are waiting to hear back.

In about a week, the manager that interviewed calls and tells the individual that they did not get the job because of something on the background check. This would be an FCRA violation because the company did not give the individual a pre-adverse action notice and reasonable time to review and potentially dispute the report before the manager made the decision not to hire them.

An employee who has been working at a large technology consulting firm for more than a year has an opportunity to apply for a promotion that they are well qualified to receive. The employee applies for the promotion. Approximately two weeks later, the employee is informed that the promotion was denied due to showing too much debt on their credit report. This would also be an FCRA violation because the employee was not given an FCRA notice and did not give the company the approval to perform a background check.

Were you wrongfully denied employment due to a background check? You may have an FCRA case.
Were you wrongly denied a promotion due to a background check? You may have an FCRA case.
How the FCRA Lawyers at Wenzel Fenton Cabassa, P.A. Can Help
Why are we the best choice for your FCRA case?
Our firm of dedicated law professionals works tirelessly on behalf of employees, not employers. We are employee rights attorneys who have helped thousands of people across Florida get the justice and compensation they deserve.
We understand the impact that an FCRA violation can have on individuals and their families and will work diligently to get the best outcome possible. Your ability to make a living, your career, and your financial stability matter. When faced with legal challenges, we will carefully listen to your concerns and lead as your advocate against powerful companies. We tackle any workplace violation aggressively and with you and your family in mind.
Our firm is here for you each step of the way and will communicate with you and answer any questions you may have. We are strong negotiators and litigators and understand what it takes to fight for your rights.
We Get Results
Wenzel Fenton Cabassa, P.A. has taken on large companies for FCRA violations and won. Here are several examples of our results for lawsuits challenging an employer’s practice of not providing proper disclosure and authorization prior to conducting a background check.

National Home Improvement Store Chain — $6,120,000 recovery for a national class of employees and applicants
Technology Company — $5,000,000 common fund made available for a national class of employees and job applicants
National Home Improvement Store Chain — $2,260,000 recovery for a national class of employees and applicants
Information Technology Company —$1,100,000 recovery for a national class of employees and applicants
National Grocery Store Chain — $802,720 recovery for a national class of employees and applicants

As you can see, when violations of your FCRA rights occur, they are probably happening to other people as well. Employers will often take actions that violate employee rights because they believe they can get away with it. But the law is on your side – and so are we. Our FCRA lawyers have a history of holding large companies accountable and getting employees and applicants the compensation they deserve.
While you are interviewing for a job or currently employed, companies also must honor other employee rights. According to the Federal Trade Commission (FTC), any time a company uses an applicant’s or employee’s background information to make an employment decision, regardless of how they got the information, they must comply with federal laws that protect applicants and employees from discrimination.
This includes discrimination based on race, color, national origin, sex, or religion; disability; genetic information (including family medical history); and age (40 or older).
Contact us Today for a Free Case Evaluation
If you believe you have a case, contact us today. We have locations across the state where we can help you, including Tampa, Orlando, Miami, Sarasota, St. Petersburg, Jacksonville, and West Palm Beach.
If you are concerned about legal costs — don’t be.
Wenzel Fenton Cabassa, P.A. is a contingency law firm. We handle all our cases on a contingency fee basis. Meaning — we are only paid if we obtain compensation for you. There is no risk or obligation.
When we meet with you, we will discuss your situation. We are dedicated to employee rights and take the time to listen, answer your questions, and review the details of your case.
Employers are looking out for their best interests, and at Wenzel Fenton Cabassa, P.A., we are working hard for yours.
Call us today at 813-224-0431.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Know Your Rights: Guide to Whistleblower Retaliation & Protections in Florida
When an employer does something that’s illegal or unsafe, including discrimination or neglecting to follow safety guidelines, an employee should report it. Often, though, employers retaliate against employees who make these types of claims, up to and including firing the employee who filed the claim.
If you have concerns that you’re a victim of whistleblower retaliation, here’s what you need to know.
What is whistleblower retaliation?
The term “whistleblower” is used to describe an employee who reports the illegal or dangerous operations of their employer to the proper authorities. If you’re an employee who has witnessed your employer violating laws or regulations (like OSHA regulations), or if you’ve witnessed acts that you believe violate public or personal safety, then you should report it. Once you do so, you may be considered a whistleblower.
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Whistleblower retaliation is when an employer takes retaliatory acts against the employee who has complained about a violation of a law, rule or regulation, opposed unlawful activity, and meets the specific eligibility requirements under specific laws for whistleblower status.
Employers can retaliate in several ways, including:

harassment,
demoting you,
cutting your pay,
deliberately handing out negative evaluations,
passing you up for a promotion, or
firing or laying you off

Because the stakes are so high, many employees keep quiet and don’t report their employers. However, there are whistleblower retaliation laws in place to protect employees who file legitimate formal reports against their employers.

 
Whistleblower retaliation laws
There are several whistleblower retaliation laws in place for all types of industries. In fact, since the OSHA act was passed in 1970, Congress has passed 22 federal laws that protect whistleblowers from retaliation. Your retaliation lawyer will know exactly which ones to reference during your case, but here are several whistleblower retaliation laws you should know about.
Federal whistleblower retaliation laws include:

The Sarbanes-Oxley Act (SOX): Also known as the Corporate Responsibility Act, SOX was passed in 2002 to regulate financial practices and other corporations. Section 806 specifically protects employees of publicly traded companies who provide physical evidence of fraud internally or to the SEC. Section 1107 mandates that it’s a crime for any person (e.g. employer) to knowingly retaliate a whistleblower who discloses true information to a law enforcement officer regarding an alleged federal offense.
The Dodd-Frank Act: Passed after the 2008 financial crisis, this act protects against whistleblowers to provide information to the SEC in the form of initiating, testifying in, or assisting in SEC investigations or judicial action.
The False Claims Act and Defense Authorization Act (NDAA): Sections 827 and 828 protect employees of government contractors and grantees who are whistleblowers.
The Whistleblower Protection Act: This protects employees of the federal government who file a report stating their employer participated in one or more of the following:

Illegal activities
Gross mismanagement
Abuse of authority
Gross waste of funds
Actions that put the public in danger
Censorship that violates laws and/or will cause danger, abuse of power, or gross mismanagement

Energy Reorganization Act: This act protects employees who disclose information about nuclear safety or any violations of the Nuclear Regulatory Commission.
Surface Transportation Assistance Act: This act protects whistleblowers in the trucking industry who disclose information about commercial motor vehicle safety or who refuse to operate a vehicle due to the employee’s reasonable concerns that the vehicle is not properly secure or safe to operate.
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR 21): AIR 21 protects airline employees who disclose information about unsafe aviation practices or procedures.
Federal Railroad Safety Act: This act protects railroad company employees who report violations of federal railroad safety laws or who refuse to work because they had reasonable concerns that their working conditions were hazardous.
Consumer Product Safety Improvement Act (CPSC): Passed in 2008, this act protects employees who disclose information about safety concerns in consumer products.
 National Transit Systems Security Act (NTSSA): This act protects employees who work in the public transportation sector who disclose information about hazardous safety and/or security conditions.
Food Safety Modernization Act (FSMA): Created by the FDA, this act imposes more strict standards about food safety and handling. It includes whistleblower protection for employees involved in the following food services:

Manufacturing
Processing
Packing
Transporting
Distributing
Receiving
Holding
Importing

 
State whistleblower retaliation laws:

Each state has its own set of whistleblower retaliation laws, which cover topics such as discrimination, harassment, wage laws, and workplace safety. Depending on the state you work in, you could be covered under state whistleblower retaliation laws no matter what type of employee you are. Some state laws, though, only protect public employees.
In Florida, public and private employees are both protected from whistleblower retaliation. An employee can sue for reinstatement and can be compensated for:

back pay
lost wages
back and full benefits
reduced or withheld bonuses
reasonable costs
damages

However, privately-employed workers who seek to be protected by the Florida Whistleblower’s Act must have disclosed, or threatened to disclose, an activity, policy or practice of an employer that is in violation of a law, rule or regulation.
Examples of whistleblower retaliation
Whistleblower retaliation can take place in many forms, but the main point of retaliation is to make it impossible, or nearly impossible, for an employee who reports their employer to the authorities to adequately perform their job. Employers can retaliate in these ways, among others:

Reducing pay
Passing you up for a promotion
General harassment
Firing you or forcing you to quit
Shifting or changing your job responsibilities or title
Giving a negative evaluation without cause

It can be difficult to tell or prove if an employer is retaliating. Shifting your job focus could be explained as a change in strategy, for instance. In general, changes an employer makes that adversely affect your job count as illegal retaliation.
How to prove whistleblower retaliation

If you believe your employer is retaliating against you because of a complaint you made, you might have a case for whistleblower retaliation. Your complaint can be as formal as presenting it to a governing agency, like OSHA, or as informal as bringing it up to your HR representative.
Proving employer retaliation can be difficult depending on the circumstances. You’ll have to demonstrate a direct link between your employer’s retaliatory actions and your formal complaint or report. Physical evidence is the best way to prove whistleblower retaliation.
Start collecting documents that can be presented as evidence of whistleblower retaliation. For instance, keep a running list of retaliatory behavior, noting the date and time of the behavior, what the behavior was, and how it negatively impacted you.
You should also find and keep historical documents of the retaliatory behavior as well as behavior prior to your complaint that can demonstrate a shift in your employer’s behavior toward you before and after your formal complaint. Having witnesses who saw the event you complained about and who have witnessed your employer retaliating against you can also be extremely helpful in winning a workplace retaliation lawsuit.
When to contact a workplace retaliation lawyer
Contact a workplace retaliation lawyer when you’re unable to demonstrate that your employer is retaliating against you or when you’ve suffered damages that are negatively impacting your daily life. If you’ve lost your job or lost wages because of workplace retaliation, a lawyer can help you prove retaliation and recover damages. Damages include lost wages (including stock options), lost health care benefits, and lost retirement benefits. Damages are awarded in cases where the lawyer can prove workplace retaliation.
Benefits of hiring a workplace retaliation lawyer
A workplace retaliation lawyer understands the ins and outs of how to win workplace retaliation cases. They know which laws protect you as an employee, and they can help you take your documents and present them in a way that will award you the compensation in damages you deserve. Every law has different stipulations for what activities are or are not protected, called “protected activity.” A workplace retaliation lawyer will be able to define your “protected activity” so you can win your case and collect your damages.
Frequently asked questions about whistleblower retaliation
What protects whistleblowers from retaliation?
There are several laws in place to protect whistleblowers from retaliation, as outlined above. These laws are in place because the government doesn’t want employees to stay quiet about things that impact the public’s health or safety out of fear of retaliation.
 
What do whistleblowers do?
Whistleblowers speak the truth when they see illegal or unsafe practices being carried out by their employer. They can speak out by making a formal complaint to a governing authority or by speaking to their HR manager. To be protected by whistleblower retaliation laws, whistleblowers must demonstrate that they genuinely believed the action they’re speaking against was illegal or unsafe at the time they filed their claim. Some whistleblower laws require that the activity complained of is an actual violation of a law, rule or regulation. You do not need to name the specific law when you complain.
 
What is retaliation in the workplace?
Retaliation in the workplace happens when employers act out against an employee who has made a claim against them. This can be a claim about discrimination (sexual, racial, or gender), unsafe practices, or other illegal activities. The employer retaliates directly or indirectly by giving that employee a different job description, demoting them, lowering their pay, or even firing them.
 
How do you prove retaliation at work?
Keeping documentation is the best way to prove retaliation at work. Note every time your employer does or says something that you think is retaliatory. Keep historical documents that can prove that your employer acted in a different manner before you made the claim. For instance, if you received a great review a month before filing a discrimination claim and then got demoted after you made that claim, you could have a good case for whistleblower retaliation.
 
Your next steps
If you believe you were the victim of Whistleblower retaliation in Florida, it’s important to contact an employee rights attorney to represent your case. At Wenzel Fenton Cabassa, P.A., we fight for fairness, justice, and equal rights in the workplace. Contact us today to schedule a free, confidential case evaluation. We have locations in Tampa, St. Petersburg, Sarasota, West Palm Beach, Miami, Orlando, and Jacksonville for your convenience.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Laid Off vs. Fired: What Is the Difference?
When employees lose their jobs, they need to understand the terminology to know their rights and what they should do next.
Whether you were laid off, fired, or furloughed, clarifying the definitions can significantly impact your finances, career, and even your family.
What Is the Difference Between A Layoff and Being Fired?
Employment terminology may sound the same but mean something completely different. What is the difference between laid off and fired? It depends on whose fault it is and what benefits or compensation are available after the employee no longer has a job.
Layoff
A layoff is a common term used when a company has decided to reduce its workforce. Typically, being laid off is not related to the employee’s performance (meaning it generally is not your fault). It is due to economic factors related to the business or because the company is making a strategic move to restructure its workforce in alignment with a new mission or goals. Other terms that can be utilized during a layoff include “reduction in force,” also referred to as a RIF, “redundancy” (often used outside of the U.S.), or even just being “cut.”
When discussing laid off vs. fired, layoffs often occur in large or small groups (such as with a plant downsizing or closing). By contrast, when someone is fired, it is typically a singular act. It is never easy to lose a job, but know that you may be entitled to a severance package if you have been laid off.
A severance package is intended to help ease the financial strain after a layoff. Employers are not required by law to offer severance, but many companies will offer one when groups of people are forced to lose their jobs, not by their choice.
Severance packages can be paid out with severance checks, in a lump sum, or in other forms of benefits or payments. The amount of severance package is typically associated with the length of time you have been employed with the company. Severance packages are typically negotiable, and you do not have to accept the original offer. Employment lawyers are highly skilled at negotiating severance packages. They are very valuable to get the best outcome possible when dealing with a layoff that impacts your finances and career.
If you are laid off, you may also be entitled to unemployment benefits from Florida.
Fired
Being fired is often due to something that the employee did wrong, which can include anything from:

poor performance,
calling out for work frequently,
violating a company policy, or
even personality differences or conflicts between the boss and employee.

When people are fired, it is typically an individual act by the employer, and the individual is not generally eligible for unemployment benefits or severance packages. Under Florida law, you may be eligible for unemployment benefits depending on the reason you were fired.
It is essential to know that Florida is an “at-will” state, meaning that an employer can fire you for any reason (or no reason at all) — as long as it is not illegal. Employees have many rights, including those protecting workers against discrimination in the workplace, sexual harassment, hostile work environments, and protections against retaliation for filing a workers’ compensation claim.
If you believe your employer violated employment law when they fired you, consult with an attorney to determine your best actions moving forward. You may have a case of wrongful termination and be entitled to significant damages.
Furloughed
Furloughed is another common term that can be confusing to workers. Generally speaking, being furloughed is considered a temporary layoff due to an expected short downturn in business or other reasons that are not the employee’s fault. When using this term, there is an expectation that the employee will be able to return to the job in the future.
People or groups of people who are furloughed often can collect unemployment benefits and continue to have health benefits through their employer when they are not working.
Can You File a Wrongful Termination Claim If You Were Laid Off?
It depends on the circumstances. There are specific reasons that qualify an individual for a wrongful termination claim. If being laid off was due to:

Whistleblowing on the employer for violating or planning to violate a state or federal law
Complaining to HR or filing a complaint of sexual harassment, discrimination, or hostile work environment
A violation of an employment contract or agreement
A violation of federal and state anti-discrimination laws

If any of these situations were present when you were laid off, you might have a case.
What Is Considered Wrongful Termination If I Was Fired?
Employees have strong protections against wrongful termination. Similar to the circumstances above, when you are dealing with being laid off, if you were fired and a violation of federal and state employment law occurred, you may have been the victim of wrongful termination and have the right to file legal action against your employer.
Here are some of the situations that may qualify for a case of wrongful termination:

Age Discrimination
Race Discrimination
Wage and Hour Disputes
Hostile Work Environments Tolerating Sexual Harassment
Workers Compensation Claim Filing
Pregnancy Discrimination
Family and Medical Leave

If there were no federal and state law violations when you were fired, you would not have a wrongful termination case. If you are not sure but believe you may have a case, it is advisable to seek expert legal counsel.
Understanding Your Employee Rights
Knowing the difference between being laid off vs. fired is critical to ensuring your employee rights are upheld. You may be entitled to a severance package or have a right to take legal action against your employer due to wrongful termination and get fairly compensated for the consequences of losing your job.
Wenzel Fenton Cabassa P.A. is an employment law firm that is highly skilled in negotiating severance packages and holding employers accountable for violations of employee rights.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Lawmakers propose bill to protect LGBT workers across Florida
Florida Competitive Workforce Act would raise state employment standards
For the seventh time, Florida lawmakers are trying to pass a bill that would make it illegal to fire someone based on his or her sexual orientation or gender identity.
Some cities and counties already prohibit such discrimination, but statewide, it is still permitted. The bill was first proposed in 2010 and has been refilled every session since. It has never had a committee hearing.
This year, State Rep. Holly Raschein, Representative of Key Largo, filed the bill for the January 2016 regular session. It’s called the Competitive Workforce Act.
The act was formed by Florida Businesses for a Competitive Workforce, a collection of over 30 major Florida employers, 400 local businesses and more than 15,000 residents. It was included in Bill 33 from Republican state Representative Holly Raschein and Senate Bill 156 from Democratic state Senator Joe Abruzzo of Boynton Beach. Both aimed at elaborating on Florida’s anti-discrimination law to create a better statewide standard and help attract and keep employees.
“While we did not achieve our goal of passing the Competitive Workforce Act this year, we are thrilled with the tremendous progress made in gaining support for the anti-discrimination measure,” reports spokesperson Christina Johnson.
Laws currently protect employees from discrimination based on race, color, religion, sex, national, origin, age, handicap or marital status. However, regulations on the illegal discrimination of gay and transgender employees are not as clear and may even be absent from regions that do not offer additional regulations outside statewide protections.
In addition to protecting workers’ rights, this bill would also be pro-business. Florida wants to attract the best workers, and the state can better do so when LGBT workers aren’t worried about being fired for their orientation or identity.
The bill’s sponsors have business supporters, including Marriott, Wells Fargo, Walt Disney World and others. They have joined a coalition to advocate for the bill called the Florida Businesses for a Competitive Workforce. At the current moment, as many as 25 Fortune 1000 companies based in Florida now prohibit discrimination based on sexual orientation, while 14 of these employers prohibit discrimination based on gender identity.
The group has sent a letter to Florida Governor Rick Scott and legislators, asking them to hear House Bill 33 and Senate Bill 154. The more Florida businesses who support the bill, the better this will be for employees, employers, and the total Florida workforce in the future.
Need a steadfast advocate to handle your discrimination case?
If you or someone you know has experience discrimination in the workplace, then you need an employment law attorney who specializes in employee rights. Let the experts at Wenzel Fenton Cabassa, P.A., lead your case to justice. Contact us for a free case evaluation.
 
SOURCES:
Florida Competitive Workforce Act in 2016

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### LGBT employment protection next major goal
Gay marriage is a fundamental right, protected by the U.S. Constitution and legal in all 50 states thanks to the 5-4 U.S. Supreme Court decision in Obergefell v. Hodges, announced June 26.
With this landmark decision behind them, many gay rights advocates are talking about the next major goal: employment protection for people in the LGBT community.
Currently, workers are protected nationwide from employment discrimination based on their sex, race, color, religion and national origin. But there is no federal law that protects gay or transgender employees from discrimination — and it’s not for lack of trying.
Every year since 1994, the Employment Non-Discrimination Act (ENDA) has been proposed in the U.S. Congress. The proposed legislation would prohibit discrimination in hiring and employment on the basis of sexual orientation by employers with at least 15 employees. In 2007, gender identity protections were added to the legislation for the first time.
The ENDA has never passed, and groups including the Human Rights Campaign are working to make sure it passes in the future.
Nonetheless, in the past decade, many states and municipalities have passed their own laws banning workplace discrimination on the basis of sexual orientation. Currently:

21 states and D.C. have laws banning discrimination in the workplace based on sexual orientation
18 of those states also make it illegal to discriminate on the basis of gender identity
An executive order makes it illegal for the federal government, its contractors and subcontractors to discriminate on the basis of sexual orientation and gender identity
About 90 percent of Fortune 500 companies include sexual discrimination in their non-discrimination policies.

Despite this progress, many LGBT supporters would like to see a federal statue extending Title VII’s coverage to sexual orientation and gender identity. Such a move would make it illegal for an employer to discriminate, harass or fire a person because he or she is gay or transgender.
This is a major issue with real consequences. According to a 2011 report by the Williams Institute at UCLA School of Law, 42 percent of lesbian, gay and bisexual survey respondents said they had experienced employment discrimination at some point in their lives. And 27 percent had experienced employment discrimination in just the previous five years. Discrimination is worse for LGB employees who are “out” in the workplaces, versus those who are not.
Every day, Title VII protects people in certain classes. Last year, in Florida alone, 7,528 charges of discrimination were filed with the U.S. Equal Employment Opportunity Commission. Out of that, 2,189 were based on race, 2,159 were based on sex, 1,353 were based on national origin, and 311 were based on religion.
If sexual orientation and gender identity became protected classes, people in the LGBT community could receive similar protection against discrimination in hiring, firing and in daily workplace interactions.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### LGBTQ Safe From Job Discrimination, Says Supreme Court
Millions of LGBTQ people will have new civil rights in a big step forward following a decision by the Supreme Court that found employers cannot discriminate on the basis of workers being transgender or gay. On Monday, June 15, the Supreme Court ruled that it breaks federal law for employers to discriminate against people because of sexual orientation or gender identity. Federal law mandates that an employer cannot discriminate on the basis of sex, race, national origin, or religion, through the Civil Rights Act of 1964’s Title VII.
This new case was Gerald Lynn Bostock v. Clayton County, Georgia. The question was whether the prohibition against sex-based discrimination covered LGBTQ employees.

The court’s four liberal justices were joined by Chief Justice John Roberts and conservative Justice Neil Gorsuch in their 6-3 majority, determining that LGBTQ workers are a protected class. Gender identity and sexual orientation are included within the federal prohibition of workplace sex discrimination, said the court.
This law is expected to have sweeping consequences. Anti-discrimination laws on the books with more than half of US states omit mention of gender identity and sexual orientation. According to the Williams Institute at the UCLA School of Law, most of the 8 million LGBTQ employees in the US live in those states that lack coverage. The Supreme Court has established legal protection for the LGBTQ community in the workplace.
 
What To Do If You Experience LGBTQ Job Discrimination
Take these four steps if you experience gender identity or sexual orientation discrimination in the workplace:

Get legal assistance

When you look for an attorney, make sure that they have a record successfully representing those with challenging job discrimination cases. They should know some of the key arguments that will be used by the opposition.

Get documentation

Gather as much evidence as you can. Compile a list of witnesses. Keep a journal that details instances of discrimination. Your notes should include information on events preceding instances of discrimination. Write down everyone involved, what was said, and how the treatment was different than it would have been for a non-LGBTQ employee.

Report the discrimination

Find out how internal complaints are by looking at your employee manual, workforce policies, and/or union contract.
Consider how you can make a grievance with your union or workplace. You could do that through your supervisor, HR, or your union. Whomever you contact, make sure everything is in writing and that you retain a copy.

Take legal action

You want to both understand deadlines and seek an employee rights attorney as soon as possible. Regardless of whether you get a lawyer, you want to make an LGBTQ discrimination claim with the Equal Employment Opportunity Commission (EEOC). Go through the closest EEOC office to file your charge. Review the agency’s How to File page for more information.
Here are contact details for the Tampa location:
EEOC Tampa Field Office 
501 East Polk Street
Suite 1000
Tampa, FL 33602
Phone: (800) 669-4000
TTY: (800) 669-6820
 
Finding The Right Workplace Discrimination Attorney
It is important to know that the attorney who is representing you is both highly engaged and highly skilled in this area of law. At Wenzel Fenton Cabassa, PA, we have earned a strong reputation directly focusing on employment law and sex discrimination cases. Request a free case evaluation today.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### LinkedIn Forced to Pay Nearly $6 Million in Unpaid Wages
Employment law is difficult to understand without a legal background. It used to be believed that hourly employees received overtime for anything worked over 40 hours, while salaried employees were at the mercy of their employer, receiving a flat salary regardless of how many hours they worked.
Employment law is not that simple, and mistakes are made in how salaries are paid out all of the time. You need someone who is an expert in employment law and can help you receive what is rightly owed to you.
As a salaried employee, you may be eligible for overtime.
As an hourly employee, you may be eligible for additional compensation for unpaid overtime. If you are an independent contractor, you may have been misclassified and denied important benefits and wages.
Are You a Victim of Wage Theft?
Many employees brush the idea of additional compensation aside because they trust their employer but “wage theft” is not always committed by greedy companies. A large percentage of companies have misclassified employees, out of a lack of knowledge or bad advice, not a desire to do wrong to their workers.
LinkedIn Ordered to Pay Nearly $6 Million to Employees
Take LinkedIn Corp’s case, for instance. The U.S. Department of Labor uncovered a violation of overtime and record-keeping rules in the professional networking services company. Upon notification of the wages owed, LinkedIn Corp. agreed to pay nearly $6 million in back wages and damages to 359 of its current and former regional salespeople.
LinkedIn issued a statement blaming the error on poor record keeping, “This was a function of not having the right tools in place for a small subset of our sales force to track hours properly;…” As part of that arrangement, and in keeping with the Fair Labor Standards Act, LinkedIn agreed to prohibit off-the-clock work for employees eligible for overtime
Off-the-clock Work and You
Off-the-clock work has become a highly contested point as of late with smartphones providing email access and the ability for many employees to access their files away from the office. Employers of all sizes are setting expectations (mainly verbal or through peer pressure) that email will be checked and phone calls answered outside of office hours and on vacation. Some employers compensate employees under-the-table for work above 40 hours. What are your employer’s expectations for you outside of work hours?
Consider Your Options and Receive the Back Wages You’re Owed
The Fair Standards Labor Act requires employers to pay time-and-a-half for every hour over 40 hours worked (in one week). Paying cash for working off-the-clock does not meet these standards.
If you’re eligible for overtime and have ever been asked to work outside of traditional hours – even checking and answering emails – (or have been forced to in order to keep up with the workload), you may be eligible for compensation. Only an employment attorney who specializes in unpaid overtime can be certain.
If you have questions regarding unpaid wages contact Wenzel Fenton Cabassa, P.A. today to schedule your free case evaluation, 813-579-2483.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Lose Your Job? How COBRA Insurance Works In Florida
If you recently lost your job, chances are you have questions about health insurance. Fortunately, if you voluntarily resigned, were laid off, or were terminated from your job for any reason other than “gross misconduct,” you may still be able to retain your health insurance through COBRA coverage.
The Consolidated Omnibus Budget Reconciliation Act (COBRA) was passed by Congress in 1985 and went into effect the following year. It ensures that workers and their families can continue to receive health benefits under their former employer’s group health plan for a limited amount of time after separation.
That said, what do you need to know regarding COBRA eligibility, coverage, and payments and premiums? And what should you do if you’ve been wrongfully terminated or retaliated against and thus unfairly denied COBRA benefits by your former employer? And, even more importantly, can you understand the COBRA election notice you received so you can elect COBRA if you want coverage?
What You Need to Know About COBRA Insurance
Who Is Eligible for COBRA Coverage?
Whether you were a full-time or part-time employee, you should be eligible to receive COBRA healthcare coverage; although your eligibility is also predicated on other requirements such as plan coverage, qualifying events, and eligible beneficiaries. Under U.S. Department of Labor (DOL) guidelines, an employer has to have 20 or more employees in its group health plan, and those individuals have to be on that plan for 50% or more of a standard business day during the prior calendar year for the employer to offer COBRA coverage.
Furthermore, an employee must be considered a “qualifying beneficiary,” which means that individual (or his or her spouse/partner or dependent child) was covered by his or her employer’s group health plan before being separated from the company.
Finally, an employee has to go through a “qualifying event” that would have been the reason he or she lost health insurance coverage; for example, losing one’s job, getting divorced or legally separated, or having one’s hours reduced on the job.

What is a COBRA Election Notice, and what information must be included in it?
Employers often issue confusing COBRA an election notices to make an election of continuing coverage difficult because of the significant expense of COBRA coverage. Janet Kinzer, Health Insurance Continuation Coverage Under COBRA at 8, CONG. RES. SERV. (July 11, 2013) (noting that employers are concerned about COBRA costs because average claim costs for COBRA beneficiaries are 153% of the average claim costs for an active employee). That’s why it’s important to have an attorney help you review your COBRA notice. COBRA election notices must be written in a manner such that they are understood by the “average plan participant.”
For example, the COBRA election notice must include the name of the plan under which continuation coverage is available; and the name, address and telephone number of the party responsible under the plan for the administration of continuation coverage benefits. This information is often missing from COBRA election notices, leaving former employees clueless as to who to contact with questions about COBRA coverage.
Additionally, the COBRA election notice must include: identification of the qualifying event, identification, by status or name, of the qualified beneficiaries who are recognized by the plan as being entitled to elect continuation coverage with respect to the qualifying event, and the date on which coverage under the plan will terminate or has terminated) unless continuation coverage is elected.
These are only a few of the many items that must be included in a COBRA election notice. If you believe your COBRA election notice is missing certain information, or if it is confusing or you have questions or concerns about the notice you received, call us today.
 
How Long Does COBRA Insurance Last and What Does It Cover?

COBRA insurance starts the day after an employee is separated from his or her job. It can last up to 18 months for an employee and up to 36 months for an employee’s spouse/partner and dependent child. If an employee elects COBRA coverage, he or she is responsible for making insurance premium payments.
As mentioned, if an employee was covered under his or her employer’s group health insurance plan, including, for example, medical, dental, vision, prescription drug, and employee assistance programs (EAP), he or she is eligible for COBRA insurance. For the former employee’s coverage to begin, the employer has to inform their healthcare administrator within 30 to 60 days of the former employee’s “qualifying event.”
In turn, the former employee and his or her family have a 60-day period to decide whether they want to purchase COBRA insurance. If an employer doesn’t notify a qualifying beneficiary of his or her COBRA rights, the employer may be subject to fines or other damages. However, if an employer does not offer health insurance to its employees or if they “go out of business,” they are not required to offer COBRA coverage.
 
What About COBRA Insurance Payments and Premiums?
Employees who are eligible for COBRA insurance are required to pay monthly premiums. The coverage is not necessarily economical, particularly if an employee’s health insurance coverage was employer-subsidized. In addition, employees have to pay a 2% service charge to the insurer. To determine the monthly premium cost, employees can speak to their former employer’s HR department.
Some COBRA plans offer a 30-day grace period and different payment options; for example, conversion plans, extensions, and disability considerations. Also, depending on the individual’s annual income per his or her income tax return, he or she could be eligible for a COBRA provision that provides a 65% federal subsidy for up to 15 months.
 
What If You Are Unfairly Denied COBRA Benefits by Your Former Employer?
If your former employer denies you COBRA benefits because you may have been wrongfully terminated or retaliated against, it’s in your best interest to contact an employment law attorney. Although the COBRA statute and case laws have not established a standard definition of “gross misconduct,” employers who choose to deny their former employees coverage on the basis of misconduct must consider the following:

There has to be a connection between the employee’s offense and his or her job.
The employee needs to understand the seriousness of the misconduct.
The offense has to be willful.
If the employee chooses to challenge the denial of COBRA insurance, it’s in the employer’s best interest to determine whether the cost of a potential lawsuit is worth it compared to simply offering COBRA coverage to the employee.

Because there is not a clear definition of “gross misconduct,” as defined by COBRA law, courts have differed widely on their decisions. Therefore, denying an employee COBRA coverage because of “gross misconduct” can result in a higher than average risk of litigation for the employer.
That said, because Florida is an“at-will” state employees can be fired for any number of reasons; however, this does not include discriminatory reasons or if your employer retaliated against you because you exercised your rights. You cannot be fired for any of the following reasons:

Race or color
Age (over 40)
Sex (including being pregnant)
Sexual orientation
Ancestry or national origin
Religion
Mental or physical disability
Genetic predisposition
Having a disease that doesn’t stop you from performing your job duties
Being a whistleblower

To prove that you were discriminated against, you must first show that your employer had motive to discriminate against you. It would be easy if your boss told you directly that his actions were motivated by his disdain for your religion, but chances are you will have to prove that he treated you differently than your co-workers because of your religion.
Similarly, you must show that there was inequality in the workplace. For example, if you are pregnant and are physically capable of carrying out all of the tasks associated with your job, as your co-workers are, you can’t be asked to quit by your employer. Finally, some neutral employment policies are considered discriminatory if they exclude any of the protected groups listed above.
Likewise, you can’t be fired for engaging in a protected activity, such as:

Filing a charge of discrimination against your employer
Registering a complaint to your employer about discrimination
Participating in an employment discrimination proceeding, such as an investigation or lawsuit

To prove that you were retaliated against, you must be able to prove that you were engaged in protected activity (for example, you complained about being discriminated against); you were fired, and retaliation was the reason for your employer’s action.
If you believe that you were terminated for any of the above reasons and subsequently denied COBRA insurance coverage, an experienced attorney can help you with your case. If you’ve been fired for “gross misconduct” the burden is on your former employer to prove that.
It’s important to note that you and your beneficiaries have to be notified that COBRA coverage is not going to be offered due to “gross misconduct.” If your former employer does not adhere to COBRA’s strict deadlines and/or does not provide the required information to you and your beneficiaries, you’ll likely have a good case.
Contact a COBRA Insurance Attorney in Florida
At Wenzel Fenton Cabassa, P.A., we know that one of your biggest concerns when you’ve lost your job is ensuring that you and your family have health insurance, especially if you have ongoing medical issues. COBRA insurance can be invaluable during this difficult time, so if you believe you’re being unfairly denied coverage, contact us today. The initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Made It To America? You Deserve To Be Paid!
Undocumented Workers Are Entitled to Protection Under The Fair Labor Standards Act
On March 6, 2013, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, Georgia and Alabama, ruled that an undocumented employee may seek relief under the Fair Labor Standards Act (commonly referred to as the “FLSA”) for wages and overtime compensation for work already performed by the employee regardless of his or her immigration status.
The case also raises several other interesting points.
Undocumented Workers Win FLSA Case
In Lamonica v. Safe Hurricane Shutters, Inc., 2013 U.S. App. LEXIS 4599 (11th Cir. 2013), an undocumented worker with no social security number, who provided a false social security number to his employer, brought an action to recover unpaid overtime wages, along with seven of his co-workers.
The court found that the workers were entitled to recover overtime compensation, which had not been paid for the hours they had already worked.
Although the employer argued that the undocumented worker should be barred from recovering damages because he provided a false social security number, under the theory that one should not benefit from one’s own wrongdoing, the court rejected that argument.
The court concluded the worker had not engaged in the unlawful activity, which was the subject to the lawsuit, namely the failure to pay overtime compensation in accordance with the FLSA.
The case also highlights what proof is needed to succeed on your claim under the FLSA.
What You Need To Have a Successful Unpaid Overtime Claim
The FLSA places the burden of proving hours worked on the employee claiming compensation for work he performed. However, when an employer does not keep time records, as in this case, the burden on the employee is relaxes. As the court stated, in that circumstance:
An employee has carried out his burden if he proves that he has in fact performed work for which he was improperly compensated and if he produces sufficient evidence to show the amount and extent of that work as a matter of just and reasonable inference. The burden then shifts to the employer to come forward with evidence of the precise amount of work performed or with evidence to negative the reasonableness of the inference to be drawn from the employee’s evidence. If the employee fails to produce such evidence, the court may then award damages to the employee, even though the result be only approximate. 
The court also discussed at length the standard by which a supervisor of the employer may be held personally liable for the FLSA violation and expanded individual liability to individuals with control over an employer’s financial affairs.
Who Is Responsible For Paying My Unpaid Overtime?
Your supervisor, an officer of the company, and even a member of the Board of Directors may have to pay your unpaid overtime out of pocket.
In order to qualify as an employer, and therefore be individually liable for violations of the FLSA, a supervisor “must either be involved in the day-to-day operation or have some direct responsibility for the supervision of the employee.”
This was an important decision in terms of solidifying the rights of undocumented workers to pay for work performed. It serves as a warning to employers to take heed that the reach of the law is long when it comes to individual liability.
Group Action by Undocumented Workers Can Result In Successful Unpaid Overtime Claim
As noted above, the Lamonica case involved several employees who joined forces to bring a lawsuit.
This point may be of particular interest to an undocumented worker.
A claim against the employer under the FLSA can be brought by a single worker, by several workers who join the same lawsuit, or by one or more workers who bring suit do so on behalf of similarly situated workers.
This last “group action” is called a collective action and resembles a class action, but is another type of legal suit altogether. We mention this aspect of the case because an individual is often afraid to step forward and complain, or one worker may think his or her claim is just too small to justify the time and expense of finding and hiring a lawyer.
There is often strength in numbers. In fact, FLSA claims have long been recognized as particularly well suited for group action.
If you believe your co-workers are not being paid properly for the same reasons you are not being paid properly, let us know. We will gladly meet with you and others confidentially.
Whether you have questions about your own claim as a single claim or the interests of a group of your co-workers in mind, contact Wenzel Fenton Cabassa P.A. if you believe you have not been paid the overtime or wages you have earned.
We offer a free case evaluation and look forward to speaking with you.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### MAN SUES CATHOLIC CHARITY FOR SEXUAL HARASSMENT
A lawsuit was recently filed against the Catholic Diocese of St. Petersburg by a former employee of Catholic Charities alleging sexual harassment by the interim executive director.
Represented by Donna V. Smith, a partner at Wenzel Fenton Cabassa, P.A., Abdelaziz Abdelmunim claims that Margaret Rogers made unwanted sexual advances toward him during his time of employment. Rogers was his direct supervisor at Catholic Charities.
Mr. Abdelmunim was hired in July 2015. In the details of the lawsuit, he alleges that the first instances of sexual harassment took place approximately two months after he began working there. Similar to other cases of this type, the actions, according to the plaintiff, progressed in severity. In the text of the lawsuit, he said that “unwanted offensive touching escalated to unwanted touching of private parts.”
In addition, Mr. Abdelmunim also alleges that she “described vivid descriptions and details of her sexual life.” Other offenses/harassment claimed by the plaintiff include Rogers sending him texts and photos that were “of a sexual nature.”
The sexual harassment continued over an extended period of time, according to the lawsuit. Mr. Abdelmunim, out of a fear of being fired, did not immediately report the actions to the human resource officer at Catholic Charities. On Dec. 7, 2017, he was terminated from his position with the organization.
He is now suing the Catholic Diocese of St. Petersburg for compensation for lost wages and benefits, as well as other damages to include compensation for emotional distress. He is also seeking reinstatement to a comparable job that he previously had with the organization — helping refugees as a Program Manager. Mr. Abdelmunim has requested a trial by jury.

Employee Rights Attorneys Fight for the Rights of Workers Against Sexual Harassment
Wenzel Fenton Cabassa, P.A. is dedicated to fighting for the rights of employees. Sexual harassment is not only wrong; it is also against the law. Unfortunately, unwanted sexual advances like this one are still a common occurrence across industries and job types. But that is what employee rights lawyers are for. Employers and individuals in power should be held accountable for unlawful behavior of any kind — from sexual harassment to age discrimination.
Large organizations have lawyers and employees have the right to have appropriate legal representation too. If you have had your rights violated in the workplace, know you are not alone. We are fighting hard for Mr. Abdelmunim, and have helped thousands of other workers across Florida.
If you have been sexually harassed, discriminated against, or had your rights as an employee violated in other ways such as unpaid wages, contact us to set up a free confidential case evaluation. We are here for you.
We fight for the rights of employees across the state of Florida including Tampa, Orlando, Miami, Sarasota, St. Petersburg, and Jacksonville.
Wenzel Fenton Cabassa, P.A. helps employees who have been wronged by employers make great decisions about their legal issues. We are experienced in protecting employees from sexual harassment, discrimination, and much more.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Millions of Americans Now Eligible for Overtime Pay
More hours worked greater economic reward right? The latest action by the Department of Labor (DOL) says, yes, as eligibility for overtime pay is expanding to include millions of U.S. workers who were previously “exempt” from the overtime provisions of the Fair Labor Standards Act. This rule will now make more Americans eligible for overtime pay and is described as a change intended to raise the standard of living for the middle class.
Currently, employees in executive, administrative, and professional positions who are paid a salary of $23,660 ($455 a week) or more are not entitled to overtime premium pay. The new rule increases the salary threshold by almost double to $47,476 ($913 a week). This means that in order to be considered exempt from overtime pay, a person in one of these positions must be paid a salary of more than $47,476 annually. Or stated another way, if you are an executive, administrative or professional employee and paid a salary of less than $47,467 a year, you will qualify for overtime pay (assuming some other special exemption does not apply to you). With the new eligibility requirements, it is estimated that an additional 4.2 million Americans will now be eligible for overtime pay or time-and-a-half for each hour worked in addition to the regular 40 hour work week.
The article Millions more Americans to be eligible for overtime pay at USA Today reports, “some businesses welcome the measure, many say it will simply force them to reshuffle salaries to get around the regulation. Others fear it will mean demoting white-collar workers and altering workplace cultures.”
In addition to these changes, the new rule also clarifies the duties of employees considered “exempt” from overtime pay. Because of this, an estimated 8.9 million misclassified workers may also become eligible for overtime pay. The new rule also raises the total annual compensation for “highly compensated employees” who were exempt from overtime because they made more than $100,000 (and met a less stringent duties test than required under the executive, administrative, and professional exemption) to $134,000. So, if you were told you do not qualify for overtime because you are highly compensated and you make between $100,000 and $134,000, it is time to reevaluate your eligibility for overtime pay.
According to the figures reported, “The share of full-time workers who qualify for overtime has fallen from 62% in 1975 to 7% today, according to the administration. The new rule, which would take effect Dec. 1, would allow 35% of workers to qualify.” This recent threshold is set to be raised every three years and will increase to $51,000 on Jan. 1, 2020. The White House estimates this rule will, “boost wages for workers by $12 billion over the next 10 years.”
Following the action, various tactics may be adopted by employers hoping to avoid paying overtime to newly eligible workers. Companies may attempt to convert salaried workers back to wage workers, monitor hours, and actively manage overtime hours. Some may continue to pay employees on a salary basis but will have to track hours and pay a premium for hours worked over 40. Still others may cut pay to offset the additional cost of paying an overtime premium, or instead raise the worker’s pay to meet the minimum requirements for overtime exemption.
Many are concerned that the new law will pose a significant burden to small businesses, and some may be forced to bring on part-time employees to make up for the overtime pay they cannot afford to pay.
According to the White House blog, a message by President Obama stated, “If you work more than 40 hours a week, you should get paid for it or get extra time off to spend with your family and loved ones. It’s one of most important steps we’re taking to help grow middle-class wages and put $12 billion more dollars in the pockets of hardworking Americans over the next 10 years.”
Do you qualify for overtime pay under the new rule?
If so, we can help you evaluate the next steps to collect unpaid overtime wages. If your employer does not step up to the plate on December 1, 2016 and pay you the required overtime wages. Contact an experienced employment law attorney at Wenzel Fenton Cabassa, P.A for more information on how to go about collecting unpaid overtime. Give us a call for a free case evaluation today.

SOURCES:
Millions more Americans to be eligible for overtime pay
Taking Action to Expand Overtime Protections

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Minimum Wage vs. Living Wage: The Age of the Wage Gap and Wage Theft
What’s the difference between the United States’ minimum wage vs. living wage? The “living wage” was introduced as an unenforced standard for employers in the United Kingdom. It will be raised in the UK starting this April, and is often referred to in political discussions and elsewhere suggesting that America needs to set its own standard for what is considered the nation’s “living wage”.
Minimum wage is not a living wage. If this were true, some reports estimate that the minimum wage would need to equal at least twice the rate per hour for an average adult employee working a 40 hour week to cover the basic cost of living in America across the board.
An October 2015 report Pay Up! by the Job Gap found that the national average rate of pay required to be considered a “living wage” in America is $16.87 per hour. This means that wages in a number of states sometimes equal half the estimated cost it takes to support just one individual adult after the minimum amount needed for food, housing, and regular living expenses are satisfied.
What is the definition of minimum wage vs. living wage?
The minimum wage is determined using economics and other factors by state, and the federal minimum wage is set at $7.25 per hour for regular employees and $2.13 per hour for employees who make tips and for whom the employer takes a tip credit (as of February 24, 2016). There are also a couple exceptions for employees of small business that make less than $500,000 per year and employees who are students of high schools and colleges and whose employers have been issued a minimum wage waiver by the U. S. Department of Labor. Many employees are not covered by the federal minimum wage at all and may be covered by applicable state law.
The federal minimum wage has not been raised since The Fair Minimum Wage Act of 2007. State minimum wages in many states have been raised above this level.
By contrast, the living wage is determined as the amount an individual needs to pay for the basic costs of living. Although the minimum wage is the only regulated standard that measures the “cost of living index” with wages by state, it sometimes fails to make up for the realistic cost an average adult worker needs to survive in the year 2016. In fact, universities like Berkeley, MIT, and other research institutions have conducted extensive reports on the information and gone to great lengths to present facts and effects of low wages (not just for the employee but all Americans) as well as what is considered the “wage gap” between the minimum wage and living wage.
A study on low wages by UC Berkeley reports that fixing the standard for minimum wage at such a low rate costs the United States taxpayers $152.8 billion in assistance programs funded at the state and federal level which are designed to make up for deficits that result from the lack of wage increase in proportion with the rapidly increasing cost of living. In fact, 73 percent of people who apply for such programs are working families.
This is the true hidden cost of low wage work in America, and it affects everyone, not just the low wage worker.
What are some common forms of wage theft in 2016?
Wage theft is becoming increasingly common in the United States and is likely aggravated by issues that result from what has been named MIT’s Living Wage Gap. Employers oftentimes try to cut corners and squeeze as much work out of an employee as possible. There are federal regulations that protect employees against wage theft, but in reality, violations often occur and continue unnoticed.
Common forms of wage theft that amount in unpaid wages:
Unpaid Overtime
Minimum Wage Violations
Working Off the Clock
Illegal Pay Deductions
Misclassification (Independent Contractor vs. Employee)
Not Being Paid (Withholding Paycheck/Travel Expenses)
An employee may hesitate to report wage theft for fear of retaliation or other circumstances that could exaggerate the situation. Penalties for wage theft in some states require the employer to pay back the unpaid wages plus damages, so that the employer must weight the additional cost of wage theft, which is often significantly more than if they had just paid the wages in the first place. But, many employers will readily take the immediate cost savings and risk that no one will complain.
It’s up to people who represent employee rights to counteract wage theft.
Are you or someone you know the victim of wage theft? Get in touch with an experienced employment law attorney for a free case evaluation. Contact Wenzel Fenton Cabassa, P. A., today.
SOURCES:
The Living Wage Gap State By State
The High Public Cost of Low Wages
Wage Theft: A Moral Crisis in Our Communities
What is the living wage?
Wage Theft is an Epidemic
6 Common Methods of Wage Theft

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Motherhood Penalty and the Families First Coronavirus Response Act
Motherhood should never be considered a detriment in the workplace. Although during the pandemic, mothers have been dealing with harsh consequences across many industries. Have you heard of the ‘motherhood penalty’? There is no doubt that fathers also face a significant penalty particularly as relates to caring for their children.
What is the Motherhood Penalty?
This term refers to the disparities that mothers often suffer on the job — and have been attributed to the rise in workplace discrimination lawsuits throughout the United States. The motherhood penalty may come in a number of forms of discrimination in the workplace. This can include discrimination in hiring, firing, demotions, rate of pay, and promotions.
The motherhood penalty has also been used referring to pregnant women or women who have just given birth and/or are breastfeeding facing discrimination in the workplace. Employers who do not allow for reasonable accommodations such as in scheduling, going on recommended “light duty” for medical purposes, or allowing time for pumping breast milk at work, could be violating the law.
This term has risen to greater visibility with the increasing challenges facing women in the workplace during the coronavirus pandemic, where they have often been on the “frontlines.” A piece of important legislation was recently passed that addresses the motherhood penalty, the Families First Coronavirus Response Act.
What is the Families First Coronavirus Response Act?

The Families First Coronavirus Response Act (FFCRA) is administered by the U.S. Department of Labor and “requires certain employers to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19.” It focuses on paid leave requirements that employers are legally bound to provide for their workers.
Generally speaking, the FFCRA directs covered employers to provide for all employees, except for employers of health care providers or emergency responders, the following:

Up to 80 hours (two weeks) of paid sick leave at a regular rate of pay if the employee cannot work due to a government quarantine or if they are experiencing COVID-19 symptoms and seeking medical attentionOR
Up to 80 hours (two weeks) of paid sick leave at two-thirds the regular rate of pay because of a bona fide need to care for an individual subject to quarantine or care for a child under 18 when schools or child care provider are closed due to Covid-19
A person would need to be employed with a company for a minimum of 30 days to be qualified for additional relief under the Families First Coronavirus Response Act. This would be:
Up to an additional 10 weeks of paid expanded family and medical leave at two-thirds the employee’s regular rate of pay; subject to the same parameters as above

It is important to understand what a covered employer means under the Act. The Department of Labor describes a covered employer as certain public employers and private employers with fewer than 500 employees. Small businesses under 50 may not be required to offer this if it jeopardizes the viability of the business. Most federal employees are covered under Title II of the Family and Medical Leave Act and not eligible for the FFCRA.
Obviously, larger employers such as big retailers, technology companies, and hospitality companies with more than 500 employees are not subject to the parameter of the FFFCA, but depending on the situation, they still can be held liable if they violate your workplace rights.
IMPORTANT NOTICE: The federal district court in New York struck down four provisions in the Department of Labor’s (DOL) Families First Coronavirus Response Act (FFCRA) regulations on August 3, 2020, four months after the regulations went into effect, and five months before the FFCRA is set to expire. State of New York v. U.S. Department of Labor, et al., No. 1:20-cv-03020 (S.D. N.Y. Aug. 3, 2020).
The four provisions struck down include:

The definition of who qualifies for the healthcare provider exemption;
The exclusion from benefits of employees whose employers do not have work for them;
The requirement that employees secure consent for intermittent leave for certain qualifying reasons; and
The requirement that documentation be provided before taking leave.

The court let stand the remaining provisions of the DOL’s regulations.
The court’s decision leaves open many questions. What is the definition of healthcare provider, and whether employees on furlough or who otherwise do not have work available (regardless of whether the employee is unable to work due to a COVID-19 issue) are eligible for pay.
The rules have changed. The implications of the court’s ruling are complicated and will be addressed in an updated blog post. The decision may be appealed and additional rulemaking will certainly follow. This is unchartered territory and reflects the haste with which the legislation was drafted and implemented. At this time, if you believe you may be covered and a violation of your rights may have occurred, we urge you to seek counsel.
 
Do I Have the Right to Sue for Being Subject to the Motherhood Penalty During the Coronavirus?
The short answer is yes. Discrimination in the workplace is wrong, and each employee should be treated fairly and equally, regardless of their parental status. Through the evolution of the crisis of the pandemic, employers have been attempting to keep revenue coming in, and many employees have suffered the consequences. Employers may be confused about the FFCRA or just willingly break this law or other laws that protect employees from workplace discrimination.
The motherhood penalty is, unfortunately, a common occurrence. This can be direct discrimination or due to unconscious bias. Regardless, being a mother should not make an employee be targeted for firing, being demoted, reductions in pay or benefits, or denied rightful promotions.
 
Wenzel Fenton Cabassa P.A. Takes on Employers That Penalize Mothers
If you are a Florida worker and believe that you have been the subject of the motherhood penalty at your job, we can lead the fight against your employer.
Workplace discrimination should never be tolerated. We honor mothers and advocate for their rights to equal protection under the law.
Contact us today to set up a free case evaluation. We work with you every step of the way and are dedicated to holding employers accountable for workplace violations and pursuing justice.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### My Employer Didn’t Pay Me - What Can I Do?
Have you been stiffed by your employer? Florida workers come to us frequently saying,
“My employer didn’t pay me. What can I do?”
Honestly, it’s not a surprise. Even though there are federal and state laws that require companies to pay their employees fair wages – and all wages they are legally owed – they still don’t always do because they think they can get away with it.
But – you are not helpless in this situation. When you’ve been wondering,
“My boss didn’t pay me. What can I do?” the unpaid wages lawyers at Wenzel Fenton Cabassa, P.A. can help.
Unpaid Wage Laws in Florida
Strong unpaid wage laws serve to protect employees from employers who want to pad their bottom line by not paying their employees everything they are rightfully owed. Florida workers are covered by both federal and state laws. This includes:
Equal Pay Act (EPA)— The EPA was signed into law in 1963 by President John F. Kennedy, requiring that an employer cannot pay employees more – or less based on sex. This includes salary and wages, as well as all other types of compensation, including health insurance, 401K benefits, etc.
Fair Labor Standards Act (FLSA) — The FLSA established a federal minimum wage standard in 1938. This includes separate minimums for hourly and tipped employees. The FLSA has broad-reaching mandates, including requirements for overtime and other types of unpaid wages.
Florida Minimum Wage Act — Florida’s state minimum wage law also protects employees, and since it is higher than the current federal minimum wage, it supersedes federal law in minimum wage complaints. The current hourly minimum pay in Florida is $10/hour, rising to $11/hour in September 2022.
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) — The MSPA helps workers by setting standards for wages and requires employers of seasonal and migrant farm workers to notify workers of wages before they are hired.
Examples of Unpaid Wage Violations in Florida
When workers come to our office and say, “My employer didn’t pay me,” it could be for several reasons. There are multiple types of unpaid wage violations that a company may commit. Here are some examples of unpaid wage violations in Florida:

Not paying an employee the legal minimum wage
Making an employee perform work “off the clock”
Not paying an employee overtime pay for hours worked after the maximum full-time (More than 40 hours per week by federal law)
Not giving an employee their last paycheck after leaving the job
Not paying an employee the bonuses and commissions they earned
Not paying an employee for travel time related to their job
Not paying an employee earned, accrued vacation time
Not paying an employee the tips they have earned

As you can see, employers can take advantage of their employees in many different ways, violating labor laws and denying them what they rightfully deserve. You may qualify for one or more of the above types of unpaid wage violations.
If your employer has violated your employee rights, labor laws are on your side.
What Can I Do If My Employer Doesn’t Pay Me?
When asking the question, “My employer didn’t pay me, what can I do?” the basic answer is many things. One of the best things you can do is to consult with a wage disputes attorney to determine if you do have a case. Unpaid wages can really add up over time, and if you have multiple areas covered in your case, such as unpaid overtime and unpaid bonuses or commissions, it is not only very significant, but it is also complex.
You should also collect as much documentation as possible related to your claim of unpaid wages. This can include things like pay stubs, work schedules, time sheets, human resource documents, employment contracts, etc.
Unpaid wages lawyers will advocate for your rights under the applicable unpaid wages laws to help you get your missing wages and fair pay. One of the most common ways to do this is to file a claim with the U.S. Department of Labor’s Wage and Hour Division. This is the division of the DOL that administers labor laws and handles unpaid wage cases.
How Long Do I Have to File A Claim?
The statutes of limitations will vary depending on the type of unpaid wages claim. Under Florida law, an employee has four years to file a lawsuit if the employer fails to pay the minimum wage. If the violation was willful, you have up to five years to file your claim or lawsuit.
Under the FLSA, the standard statute of limitations is, generally, two years for the recovery of unpaid overtime. However, if you can establish that there were willful violations, the statute of limitations increases to three years. Due to the complexity of unpaid wages law and the various statutes of limitations, it is important to discuss your case with an attorney.
Once the claim is filed, your attorney can help you recover what you are entitled to under state and federal law. This may include:

Overtime – 1 ½ time regular pay past 40 hours worked per week (including some salaried positions)
Back wages, commissions, bonuses, tips, and unpaid vacation time
Liquidated damages that double the amount you are owed (a penalty for employers who violate employment laws such as the FLSA). Example: If you are owed $7,500, the liquidated damages would bring the total you are owed to $15,000.

When to Contact a Wage Disputes Attorney
Do not delay. If you have been worried, stressed, and asking yourself, “My employer didn’t pay me, what can I do?” it is time to take action now. You deserve compensation for your hours of hard work.
At Wenzel Fenton Cabassa, P.A., we stand up for the rights of our clients against the unlawful acts of employers who line their pockets with their employees’ hard work. We have extensive legal experience advocating for employees in multiple areas of employee rights and have a deep appreciation for the complex and difficult legal nature of unpaid wages. We provide services in multiple locations across the state, including Tampa, West Palm Beach, St. Petersburg, Sarasota, Orlando, Jacksonville, and Miami.
Contact us today to schedule a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Naughty or Nice List
How FLSA Violations Will Be Shared on Social Media
We’re a group of labor employment lawyers. We can give you our very best advice, and vigorously represent your interests in a labor or employment dispute with your employer.
However, we are not app-creators.
That being said, we can’t resist commenting on a challenge issued by the United States Department of Labor (DOL) to develop a smartphone application providing “consumers with information…about which businesses have treated their workers fairly and lawfully…”. Specifically, the DOL introduces its “Fair Labor Data Challenge”.
In short, the Department of Labor wants to create a “Naughty or Nice” app.
Now I believe it. There is an app for everything! Check it out for yourself.

Naughty and Nice Businesses Shared on Social Media
The Department of Labor (as many other federal agencies) has long kept its own “Naughty or Nice” list. They’ve also hinted over the years that shame and public humiliation are useful enforcement tools.
The goal of the challenge is to introduce enforcement data and violations histories to social media applications, such as:

Google+
City Search
Google Maps

In other words, the DOL wants to bring the “Naughty or Nice” list into the 21st Century, with an emphasis on ease of use, creativity, “being pleasing to the eye” and multi-platform application.
Benefits of Sharing FLSA Violations
On the lookout for the “good guys” with whom to do business, the “nice” employers may find this app useful as:

Job seekers
Consumers
Patrons
Customers

On the other hand, the “naughty” employers face judgment (thumbs down, low ratings or other low ratings on these sites) as consumers may take into account fairness with employees as they decide with whom to do business.
Will You Report FLSA Violations?
The app idea raises many interesting questions about the direction of the DOL as it adopts social media as an enforcement (or prevention) tool and the extent to which public opinion shapes behavior. The challenge made me wonder:

Would you put your employer on the naughty or nice list?
Has your employer met its obligations under the FLSA?
Do you know of violations of the FLSA in your workplace?
Have you complained about violations of the law and suffered retaliation as a result?
Have you been worried that a complaint may get you fired?
Do you think that people will participate in the ratings offered by the social media?
Do you think these ratings (in effect, an anonymous complaint) will change employer behavior?
Do you think consumers would consider compliance with the FLSA and safety laws when choosing with whom to do business?
How would an employer’s compliance track record influence you when you look for a job- or a restaurant, merchant, contractor, landlord?

So, are you up for the challenge? (Hint: The Deadline for entries is October 11, 2013).

We will stick to the business we know best – advising our clients on their rights and responsibilities under the Fair Labor Standards Act and other employment-related laws, rules and regulations.
But when that app is up and running, we’ll be checking the list, not once but twice, to see who’s naughty or nice.
In the meantime, if you have any questions about whether your employer is being “naughty”, please don’t hesitate to give us a call.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Need to Recover Unpaid Wages? 4 Benefits of Hiring an Employment Lawyer
Employees are at the mercy of their employers when it comes to getting paid a fair wage. When employers refuse to pay employees what they are rightfully owed, an unpaid wages lawyer has the expertise and experience in employment law and knows how to recover unpaid wages in Florida. This includes wages, overtime, commissions, and bonuses. Unfortunately, many companies sacrifice the rights of their employees to boost their own profits. This is not only wrong, but it is also illegal. Federal and state employment laws are complex, which is why hiring an unpaid wages attorney is often the best way to obtain the justice and compensation you deserve.
How an Employment Lawyer Can Help Recover Wages
1. An Employment Lawyer Stands Up to Powerful Companies and Bullying Managers
When employees try to figure out how to recover unpaid wages in Florida, they are often met with denials, excuses, and outright bullying from managers. From 'I did not approve overtime for you' to 'You are not owed that money,' employers will say just about anything to avoid paying. This can be intimidating, stressful, and discouraging, causing many employees to give up. An unpaid wages lawyer fights aggressively for your rights and stands up to companies and bullying managers (and their lawyers). Just as your employer has legal counsel, you have the right to an attorney, too.
2. An Employment Lawyer Understands Complicated Employment Laws
Federal and state laws protect employee rights. From the Fair Labor Standards Act (FLSA) to Florida’s Minimum Wage Law, an unpaid wages lawyer knows how to navigate the complicated systems and processes to get a fair resolution. Many employees also face issues tied to family and medical leave. For example, if your FMLA request is denied or you face FMLA retaliation, an employment lawyer can step in to protect your rights. Having an experienced advocate ensures you don’t miss deadlines and get the compensation you are entitled to.
3. An Employment Lawyer Fights Hard to Recover Unpaid Wages and More
Employees deserve to be paid what they are owed under the law. An employment lawyer understands how to recover unpaid wages and more in Florida. Here are the types of funds you may collect:

Unpaid wages, commissions, and bonuses

Unpaid overtime — if you worked more than 40 hours per week, you may be owed 1.5x your hourly rate (this includes some salaried positions)
Back wages and liquidated damages — any back pay plus liquidated damages that double the amount you are owed
Legal fees — if you win in court, your employer must pay all attorney costs per FLSA guidelines

Employees often ask, 'Can my employer reduce my pay without notice?' or 'Can I sue for misclassification?' These are common violations, and an employment lawyer can help you pursue maximum recovery.
4. An Employment Lawyer Has the Experience You Need to Get the Justice You Deserve
Aggressive managers often use delay and denial tactics to wear employees down. Without representation, it is difficult for employees to recover what they are owed. An experienced employment lawyer is an invaluable advocate who ensures your rights are upheld. Whether you are owed wages, overtime, commissions, or bonuses, we fight to get you what you deserve. In many cases, employees may also collect liquidated damages, doubling the amount owed.
Get Help Today
Contact Wenzel Fenton Cabassa, P.A., today for a free, confidential case review. We are Florida’s premier employment law firm. If you have not been paid what you are owed, you have the right to an unpaid wages attorney. Do not delay—statutes of limitations apply. We have helped thousands of employees across Florida secure justice. Offices are available in Tampa, St. Petersburg, Sarasota, Orlando, Miami, Jacksonville, and West Palm Beach for your convenience.

 
Frequently Asked Questions About Unpaid Wages in Florida
Can FMLA be Extended Beyond 12 Weeks?
FMLA provides up to 12 weeks of job-protected leave. Extensions may be available under other laws or employer policies. Employees should seek legal advice if they need additional leave.
What Should I Do if My Employer Denies My FMLA Request?
If your FMLA request is denied, document the denial and contact an attorney. Unlawful denials may give rise to legal remedies.
Can My Employer Retaliate Against Me for Asking About Unpaid Wages?
No. Retaliation for asserting your wage rights is prohibited under federal and Florida law. If this happens, you may have a claim for damages.
How Much Can I Sue My Employer for Unpaid Wages or Misclassification?
The amount depends on wages owed, potential liquidated damages, and attorney fees. Workers misclassified as contractors may recover significant compensation.
What Happens if My Employer Reduces My Pay Unfairly?
Unfair or sudden pay reductions can be challenged. Employees should immediately consult an attorney to protect their income and rights.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### New Legislation for Underpaid Women
The Equal Pay Act Comes of Age
June 2013 marked the 50th Anniversary of the Equal Pay Act, which provides that men and women must be paid the same wage for the same work.
Since President Kennedy signed the Equal Pay Act into law women’s earnings have increased from 59 cents on the dollar earned by men to 77 cents. The numbers are not as favorable for minority and low wage earners.
The good news is women get jobs at a faster rate than men. On the other hand, this is a double-edged sword because the greatest job growth is in low-wage positions.
New Legislation Opens Doors To Equal Pay
Legislators have made attempts to address this persistent wage gap. Under the Lily Ledbetter Equal Pay Act, the time was extend which to file a claim for underpayment of wages.
Another piece of legislation, the Paycheck Fairness Act, closes many equal pay loopholes and cracks down on employers who punish employees for sharing salary information, but this has been blocked every time it has been introduced since 2005 but appears to be gaining support.
Employees Take Action for Equal Pay (EPA)
Clearly, legislation is only one avenue to address the female wage gap.
Employees who have been wronged need to take legal action against their employers. By doing so, one wrong against an employee will be righted and the employer will get the message:
“Avoid lawsuits. Pay your female employees the same wage for the same job.”
Damages under the EPA include the difference in pay a female received compared to her male counterpart, liquidated damages (double back pay) and an award paying your attorneys’ fees and costs.
If you believe your employer has failed to pay you an equal wage, contact us today for a free case evaluation.
As President Kennedy said when he signed the Equal Pay Act 50 years ago, we are committed to end the “unconscionable practice of paying female employees less wage than male employees for the same job.”

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### New overtime rules for salaried workers on the way
In most parts of the country, a salary of $24,000 a year doesn’t get you very far. But if you are a salaried employee making that much or more, and are classified by your employer as an administrative, executive or professional employees, you are not legally entitled to overtime pay.
Think for a minute about what that means. If you are earning a low salary but are driven to earn more money to provide a better life for your family, overtime isn’t going to help you. Your employer can require you to work more than 40 hours per week without any additional compensation.
Luckily for everyone working a salaried (but not very high-paying) job, President Obama recently called for a significant increase in that salary limit. Details are still taking shape, and there’s no real indication of where the new limit will be set, or when the rules will change.
Nevertheless, it gives workers in the service industry – who are far more likely to feel the bite of the current regulations – cause for hope that they might finally see a more fair system of compensation for all the extra time they put in at work. It also offers some hope to the unemployed, who may find employers adding more positions as a means to avoid paying overtime.
As I told the Tampa Bay Times:

“A lot of employers depend on people making $30,000 a year, lean on them a lot, expect a lot of hours from them, and don’t pay them overtime,” said Steve Wenzel, a founder of Tampa employment law firm Wenzel Fenton Cabassa P.A. “It’ll put smiles on the faces of a bunch of workers, and that’s never a bad thing.”

Indeed, the practice of cutting labor costs by assigning more work to salaried managers instead of hourly (and overtime-eligible) employees has been going on for years. Not only is it unfair to both salaried and hourly workers, but because it often leads to businesses under-staffing their workplaces, it can result in a worse experience for customers as well. It’s been a huge loophole in our employment and labor laws for a long time, with disastrous results.
We represent workers, so it’s probably not a huge surprise that we at Wenzel Fenton Cabassa P.A. are strongly in favor of this rule change. We think anything that rewards hard workers, creates more opportunities for workers and boosts the economy is a good thing – don’t you?




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### New Study Finds Employers Not Hiring Women due to FMLA
FMLA Raises Issues with Gender Discrimination in Workplace
Has the Family & Medical Leave Act changed the way employers hire? The Family & Medical Leave Act (FMLA) was enacted in 1993 in order to secure the right for employees to take leave and care for a sick or newborn family member or for an employee’s own serious health condition, among other rights. Eligible employees covered by the FMLA are able to take up to 12-weeks unpaid time off in a 12-month period. Employers must keep the employee’s job open while s/he is on leave and s/he must be able to return to it, or a job that’s similar, at the end of his/her leave.
Hiring Prejudices
In 2014, a survey of 500 managers out of the UK revealed 40% of hiring managers admitted they are generally wary of hiring a woman of childbearing age or women with children. A quarter of those polled said they would rather hire a man in his 20s-30s than a woman.
France just passed a gender equality law that gives equal paternity leave to men. Now companies will no longer be able to treat women as a larger liability from an employment perspective, all genders are eligible for equal time. But will men take it?
Men and FMLA
Even though men in the United States are eligible to use leave under the FMLA for paternity leave, most do not. For many it’s a financial decision. With mom out on leave, most families cannot afford two people out on unpaid leave. The second reason is more troubling. In a 2000 study conducted by the Department of Labor, 42.6 percent of men “did not take leave because of a concern their job advancement may be hurt.”
While this finding is a decade and a half old, employees are still struggling with issues surrounding gender discrimination over pregnancy, leave, and child raising. Employers are conflicted. Many know it’s wrong to discriminate but they feel the need to protect the “bottom-line” and seemingly place the financial position of the company first without considering the hidden costs such a decision may have on the company.
A more recent study in the United States indicates that employers are less likely to promote women. Women of childbearing years are 8 percent less likely to be promoted and 5 percent less likely to remain employed. Is a law that was enacted to protect women actually causing them more issues? By creating legislation that caters to the needs of the family, are we doing more harm?
Pregnancy Discrimination
Pregnancy discrimination is not a new topic in the workplace. It is illegal to discriminate against a woman because she is pregnant. This can involve hiring, firing, promotions, or job assignments. Some states have enacted even tougher legislation than the federal law in order to further protect a woman’s rights.
If you believe you’ve been discriminated against based on having a family, being pregnant, or being of child-bearing age, you need to speak with an employment attorney. Sometimes indications are subtle like a question about your family in a job interview. Other times you may be told directly you won’t be promoted due to the fact you’ll be out on leave shortly. Don’t allow your career to be affected by a personal choice regarding your family.
Protect your rights, and contact Wenzel Fenton Cabassa, P.A. today. The initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Not Receiving Overtime Pay?
Why Long Hours Aren’t Being Paid in Computer-Related Jobs
Often required to work long hours, eligible employees in IT departments, computer “help desks” and other computer-related jobs often fall victim to unpaid overtime and wages, violating the Federal Labor Standards Act (“FLSA”).
The reason?
It’s as simple as misclassification of job title and duties on the part of their employer. And you might be eligible and not even know it.
Are You Owed Unpaid Overtime and Wages?
Due to the “computer employee exemption” outlined in the FLSA, many employers incorrectly assume that computer professionals are automatically exempt from overtime pay.
However, only those computer systems analysts, programmers, software engineers, and other skilled workers in the computer field who meet certain tests regarding their job duties are actually exempt from minimum wage and overtime pay under the FLSA.
To qualify for the “computer employee exemption”, you must be:

Compensated on either a salary or fee basis at a rate of not less than $455 per week, or
Compensated no less than $27.63 per hour.

If these conditions are not met, then the “computer employee exemption” simply will not apply.
Additionally, the “computer employee exemption” only applies to computer employees whose primary duty consists of:

The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or,
A combination of these duties, the performance of which requires the same level of skills.

Your Job Duties Determine What You’re Paid
So, what is a primary duty?
Under the FLSA, the term “primary duty” means the “principal, main, major or most important duty that the employee performs”.
Determining an employee’s primary duty must be based on all the facts in a particular case, with an emphasis on the character of the employee’s job as a whole.
In other words, employers who assume their computer employees fit the FLSA’s “computer employee exemption”, violate the FLSA if they:

Failed to apply each of the FLSA’s “computer employee exemption” elements to their employees’ job duties taken as a whole, and
Do not pay those employees minimum wage of overtime

Recover Your Unpaid Overtime and Wages
Don’t let this happen to you!
If you are a computer professional and have questions as to whether you’re entitled to minimum wages or overtime pay under the FLSA, please contact Wenzel, Fenton, Cabassa P.A. today for a free case evaluation.
We will carefully go through each potentially applicable exemption and help determine whether you may be entitled to recover overtime or minimum wages from your current or former employer.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Obama Administration’s New Overtime Rule To Help Low-Paid Managers
President Obama announced this week a new rule that will make millions more workers eligible for overtime pay.
Currently, employees who make $23,660 a year ($455 a week) or more do not have to be paid overtime if they are classified as exempt salaried or managerial workers. That covers many fast-food restaurant managers and people in service industries.
Under the new rule, that threshold will be raised to $50,440 a year ($970 a week).
That will allow millions more to be covered by the Fair Labor Standards Act’s overtime provision, which requires that workers be paid at least 1.5 times their regular rate of pay for each hour of work per week beyond 40 hours.
Obama wrote an op-ed piece in The Huffington Post explaining that the overtime pay extension will affect about 5 million workers and will likely be completed in 2016.
“A hard day’s work deserves a fair day’s pay,” the president wrote. “That’s at the heart of what it means to be middle class in America.”
The new rule was recommended earlier this year by the U.S. Department of Labor. And it’s something the Economic Policy Institute has pushed for years. The institute pointed out that the threshold had not moved with inflation, and many of those affected were working mothers and fathers.
The change is also something that Jared Bernstein, a former White House economist, has pushed. He published a report advocating for the increase, which would uphold the spirit of the threshold, which is often referred to as the “white collar exemption,” as it was meant to exclude executive, administrative and professional employees — not salaried workers at low pay levels.
The change will come after a comment period. And it should restore the overtime threshold to about where it stood in 1975, in terms of purchasing power, according to an article in the New York Times.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Opt-Out Texts: Are they a TCPA Violation?
Note: Our firm does not handle TCPA cases directly; we work with trusted attorneys who do. If you contact us about a TCPA matter, your case may be referred to another lawyer or law firm.
Did you know that the #1 complaint among consumers is abusive, harassing robocalls? The Telephone Consumer Protection Act (TCPA) protects consumers from such calls. In fact, you could be entitled to $1500 or more if you have experienced such violations. However, when it comes to cellphones and TCPA, consumers can become confused about what is legal and what is not.
One such question that arises is, “Are text messages legal or not?”
What does opt-out mean in a text message?
Have you ever been bombarded with texts from a retailer or bill collector? It is not an uncommon business practice to not only sell things but also to attempt to collect funds from you for a car loan, student loan, or other types of loans. When you let them know that you want to opt-out of text messages, that means that you wish no further communications from them sent to your phone via text.
Are opt-out texts a TCPA violation?
When the company replies to you with an opt-out text to confirm your desire to stop communications, this text is not considered a TCPA violation by the Federal Communications Commission (FCC) according to a ruling issued in 2012.
TCPA opt-out requirements mandate that the consumer must contact the company first to let them know you want to stop communications. Once that is complete, and the opt-out text is confirmed from the company, then they cannot contact you again via text.
What is a TCPA violation?
Obtaining a clear understanding of the TCPA and text messages is not the only area you should be aware of when it comes to your consumer rights. TCPA violations happen every day in Florida and across the country.
Approximately 1.5 billion robocalls happen every day. These can be overwhelming and stressful for you and your family. But it is essential to know that not all calls from banks, bill collectors, and other solicitors are illegal. There are distinct parameters for companies to contact you defined in the TCPA requirements.
These are the rules that companies must adhere to under the TCPA:

Prohibiting solicitors from calling cellphones or U.S. households before 8 a.m. or after 9 p.m., local time
Prohibiting solicitors from calling cellphones or U.S. households using an artificial voice or a recording
Requiring solicitors to maintain a company-specific “Do-Not-Call” (DNC) list – and honor the National Do Not Call Registry
Requiring solicitors to provide their own name, the name of the entity or person on whose behalf the call is being made, as well as a telephone number or address where that entity or person may be contacted

The time restrictions listed for calls also apply to texts. So, if you have not sent an opt-out text request and had it confirmed through the company, they can contact you between 8 a.m. and 9 p.m. local time. The general TCPA rules can also cover faxes as well.
What are the penalties for companies that violate the TCPA?
The TCPA intends to not only reduce the number of robocalls and texts sent to consumers but also severely penalize companies who are constant abusers of the legislation. Here are the penalties for TCPA violations:

$500, at a minimum, for each call
Up to $1500, per call, if they keep contacting you after you have explicitly told them to stop

These penalties are substantial and can add up to significant remuneration for a consumer who has frequently had their rights violated by harassing debt collectors or other solicitors.
Note: even if you owe money to a particular company, they are still required to follow the TCPA regulations. If your consumer rights have been violated, you should contact a TCPA attorney to determine your best legal options.
What consumers can do to strengthen their claim for TCPA violations
As a consumer, you have the ability to help prove your claim of violations of the TCPA. Whether in regards to the TCPA and text messages or to address repeated illegal activity from robocalls in specific infringement of the TCPA, there are several actions you can take to strengthen your case. These include:

Save a record of cellphone calls and texts, highlighting ones from telemarketers, banks and other debt collectors
Research previous voice messages from telemarketers, banks, and other debt collectors, save them and make sure to keep any ongoing voice mails from them that continue to occur
Record details of any calls that you received from telemarketers, banks, and other debt collectors including who you talked to, the subject of the conversation, and date and time
Save a screenshot of any opt-out text confirmations from telemarketers, banks, and other debt collectors, as well as any physical letters you may have received for Do Not Call lists or registries

The more documentation that you have, the better. Even if you feel you may not have enough documentation, it is important to consult with a legal professional. They can advise you on the best way to move forward with a TCPA violations claim.
More Questions About TCPA Violations?
Are you dealing with harassing robocalls and want more information to determine if you have a case? Here are some additional resources to assist.

Top 3 Reasons Why You Should Hire a TCPA Attorney
Stopping Bad Robocalls Act: House Passes New TCPA Bill
TCPA Violations: Do You Have a Case?
TCPA and Robocalls: Is Your Cellphone Protected
Does the TCPA Apply to Debt Collectors
Top 5 Telemarketing Tactics Used to Target Customers
Consumer Protection: New Proposed Traced Act Designed to Stop Robocalls

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### OSHA New Rule Improves Reporting Retaliation after Workplace Injury
Updated OSHA Rule Encourages Employee Workplace Injury Reporting
A new U. S. Occupational Safety and Health Administration (OSHA) rule will take effect November 1, 2016. The new OSHA rule encourages employees, and under certain circumstances, requires employers to report workplace injuries, and it also makes it clear that employers cannot threaten drug tests as a penalty following workplace injuries or illnesses as a means to deter employees from reporting an ailment or incident.
 Retaliation after workplace injury reporting is illegal. It has always been illegal but the new rule provides OSHA with additional tools to cite an employer for retaliation. The new OSHA rule, “prohibits any person from discharging or otherwise discriminating against an employee who reports a fatality, injury, or illness.” OSHA now has the authority to cite employers for such acts of retaliation in the absence of a formal complaint by the employee.
You cannot be fired for reporting a workplace or work related injury or illness.
The new OSHA rule includes a dramatic change in the administration of drug tests following workplace injuries: “drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use.” One workplace injury considered inappropriate for drug testing would be, “repetitive strain injury or injuries caused by a lack of machine guarding, or a machine or tool malfunction.”
On January 1, 2017, the new OSHA rule will also require employers to report workplace injury and illness data electronically from OSHA logs, and this information will be made available to the public on OSHA’s website. Personal information will be removed to protect the identification of individuals.
After January 1, 2017, employers are required to:

Prohibit related retaliation after workplace injury reporting
Inform employees of their right to report workplace or work related injuries and illnesses
Update procedures for work related injury reporting, so that it is not unreasonable or does not deter or discourage employees from reporting; and
Discontinue general/blanket post-accident drug-testing policies (viewed as retaliation); and conduct drug-testing following work related injuries only if there is reasonable possibility of drug use for the individual employee involved

The additional recordkeeping and electronic submission requirements apply to certain work environments and industries, such as:

work locations with 250 or more employees, and
work locations with 20 to 249 employees in specific “high-risk industries” identified in the rule.

Industries or employers with 20 to 249 employees in any of the any of the “high-risk industries” listed in the rule are required to electronically submit workplace injury reporting next year.
Examples of industries that will be required to submit employee injury records electronically include: construction, manufacturing, consumer goods rental, nursing care facilities, ambulatory healthcare services, performing arts companies, postal service, amusement parks/arcades and many others that are not so obvious such as dry-cleaning/laundry services, department stores, grocery stores, and museums/historic sites/similar institutions. This incomplete list outlines a short list of the industries that OSHA requires to submit electronic injury reports.
If you or someone you know has been penalized or experienced retaliation after workplace injury reporting, speak to an experienced employment law attorney immediately. Wenzel Fenton Cabassa, P.A., is a Tampa employment law firm for employees.
SOURCES:
New OSHA Rule May Require Employers to Update Drug-Testing Policies
Final Rule to Improve Tracking of Workplace Injuries and Illnesses
OSHA’s New Rule Impacts the Healthcare Industry
OSHA High Risk Industries

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### OSHA Regulations & Employee Rights During the COVID-19 Pandemic
The COVID-19 pandemic has severely affected employees and their families in Florida and around the globe. Even in these difficult times, people still need to work. Unfortunately, many employees have been exposed to COVID-19 while on the job and become extremely ill or have even lost their lives.
Employees have a legal right to a safe workplace. The Occupational Safety and Health Administration (OSHA) within the U.S. Department of Labor has guidelines for health and safety that serve to protect employees across the country.
The OSH Act of 1970
The OSH Act of 1970 contains a General Duty Clause that can be used as a basis for filing a lawsuit against an employer who has an unsafe workplace.
Section 5 General Duty Clause states:

Each employer

shall furnish to each of his employee’s employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;
shall comply with occupational safety and health standards promulgated under this Act.

Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act, which is applicable to his own actions and conduct.

In addition to the General Duty Clause, OSHA has other requirements that apply to prevent occupational exposure to COVID-19.
OSHA’s Personal Protective Equipment (PPE) Standards

The standards from OSHA for Personal Protective Equipment (PPE) are defined in the general industry, 29 CFR 1910 Subpart I, and, in construction, 29 CFR 1926 Subpart E. These require using gloves, eye and face protection, and respiratory protection when job hazards warrant it.
The details of the guidelines include:
When respirators are necessary to protect workers, employers must implement a comprehensive respiratory protection program in accordance with the Respiratory Protection standard (29 CFR 1910.134).
If you or a loved one were not provided with PPE and contracted COVID in the workplace, you may have a case.
OSHA has another set of guidelines that may be able to be utilized in a lawsuit against an employer.
OSHA’s Bloodborne Pathogens Standards

29 CFR 1910.1030, OSHA’s Bloodborne Pathogens standards apply to occupational exposure to human blood and other potentially infectious materials that typically do not include respiratory secretions that may contain SARS-CoV-2 (COVID-19) unless visible blood is present.
These provisions provide a framework that may help to control some sources of the virus, including exposure to body fluids not covered by the standard. This includes respiratory secretions that can contain COVID-19 and infect workers.
If you believe that you or your loved one’s employer violated these guidelines, don’t delay in contacting an employment law attorney.
30-Day Statute of Limitations to File an OSHA Whistleblower Complaint
It is critical to contact an experienced employment law firm as soon as possible due to the fact that employees only have 30 days to file a complaint with OSHA alleging retaliation as a result of your whistleblower complaints for violation of the OSH Act and related standards. After that, it is too late to file a whistleblower complaint with OSHA and while you may still have a basis for filing a civil action under state whistleblower statutes, you would lose your right to file a whistleblower complaint with OSHA. Time is of the essence regarding holding employers accountable for OSHA violations.
Contact Wenzel Fenton Cabassa, P.A. Today
If you or a loved one contracted COVID-19 while on the job, you may have a case against your employer. Contact an employment law attorney as soon as possible to discuss the details of your situation. You may be entitled to compensation.
Wenzel Fenton Cabassa, P.A. is an employment law firm that works tirelessly to defend and protect our clients from illegal workplace abuses, such as violations of OSHA standards. We help employees get the justice they deserve. Contact us today for a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### OSHA Retaliation: What to Do If You’re Fired After Reporting OSHA Violations in Florida
The Occupational Safety and Health Administration (OSHA) is a federal agency that sets and enforces workplace safety standards. These standards protect workers from hazards that could cause injury, illness, or death. However, despite these regulations, many employers still fail to provide safe working conditions for their employees.
Employees who discover OSHA violations in the workplace may feel compelled to report them to ensure their and their coworkers' safety. In Florida, workers who report OSHA violations are protected by both federal and state laws. These legal protections ensure that employees can speak up about safety hazards without fear of losing their employment or facing other forms of retaliation from their employers.
Understanding OSHA and Whistleblower Protections
OSHA's primary task is to assure safe and healthy working conditions for employees in the United States by executing workplace safety regulations and promoting awareness of occupational hazards. The agency is critical in preventing workplace injuries, illnesses, and fatalities by setting safety standards that employers must follow across various industries.
In addition to developing and enforcing these standards, OSHA administers a OSHA whistleblower program to safeguard employees from retaliation after filing complaints about unsafe workplace conditions. This program is essential in encouraging employees to speak up about violations without fear of losing their jobs or facing other negative consequences.
Under the whistleblower protection program, employees who report safety violations or concerns are shielded from any adverse actions their employer might take as retaliation. This includes, but is not limited to, termination, demotion, reduction in pay or hours, discrimination, or harassment. For example, if an employee raises concerns about faulty equipment or unsafe practices and is subsequently fired or demoted, these actions would be considered illegal retaliation.
In some cases, employees can also pursue legal recourse through the court system to hold their employer accountable for unlawful practices. This process ensures that workers can voice their concerns about workplace safety without fear, ultimately fostering safer and more equitable working environments.
What to Do If You Experience OSHA Retaliation in Florida
If you believe you have experienced retaliation after reporting an OSHA violation in Florida, taking swift action is vital to protect your rights. Here are some steps you can take:

Document everything: Keep a record of any communication with your employer regarding the safety concern and any retaliatory actions taken against you. This can include emails, texts, memos, or even conversation notes.
Seek legal advice: Consult a professional employment lawyer such who can advise you on your rights and help you navigate the legal process.

Filing a formal complaint is often the next step. You can report retaliation to the Occupational Safety and Health Administration (OSHA) directly, but having legal representation can strengthen your case and ensure your complaint is properly documented and submitted within required deadlines. At Wenzel Fenton Cabassa, P.A., our team can help you build a strong claim, gather supporting evidence, and represent you throughout the investigation. Taking legal action not only protects your rights but can also hold your employer accountable and prevent further misconduct.
OSHA Whistleblower Retaliation Settlements and Legal Recourse
Occasionally, OSHA retaliation settlements result from between employees and employers. A settlement is an agreement between both parties to resolve the issue without going to trial. It can involve compensation for lost wages, reinstatement to a previous position, or other appropriate remedies.
The case may proceed to court if a settlement cannot be reached. In this situation, having strong legal representation on your side is important. Wenzel Fenton Cabassa, P.A. can help gather evidence, build a case, and represent you in court if necessary.
If successful, workers who have experienced OSHA retaliation may be entitled to payment for lost wages and benefits, attorneys' fees, and other appropriate remedies. However, the specifics of each case may vary, so it's crucial to contact an attorney.
If you are a victim of OSHA retaliation, contact Wenzel Fenton Cabassa, P.A., today for a free case evaluation. We’ll discuss how we can help you seek justice and explore the possibility of representing you in an OSHA retaliation lawsuit. By standing up for your rights, you can protect yourself and help ensure a safer workplace for everyone.
How a Florida OSHA Lawyer Can Help
An experienced OSHA lawyer near you can provide invaluable support and guidance for workers facing retaliation after reporting an OSHA violation. At Wenzel Fenton Cabassa, P.A., our team is dedicated to protecting the rights of employees and advocating for fair and just treatment in the workplace.
With our knowledge of Florida employment laws and experience handling OSHA whistleblower retaliation cases, we can help you gather evidence, navigate the legal process, and fight for your rights. We aim to hold employers accountable for their actions, promote safer workplaces, and protect the well-being of hardworking individuals like yourself.
If you have faced retaliation after reporting an OSHA violation in Florida, please contact us for legal guidance and support. We offer free case evaluations and are ready to stand by you every step of the way in seeking justice for your situation.
FAQs:
What does OSHA consider retaliation?
OSHA defines retaliation as adverse action an employer takes against employees for exercising their rights under OSHA laws, such as reporting safety concerns or filing a complaint.
What are the retaliation laws in Florida?
In Florida, federal and state laws prohibit retaliation against employees for exercising their rights under OSHA laws, including the Occupational Safety and Health Act (OSH Act) and the Florida Whistleblower Act.
How do I prove retaliation in Florida?
To prove retaliation in Florida, you must provide information that your employer took adverse action against you because of your protected activity under OSHA laws. This can include documentation of the retaliatory act and any other relevant evidence. It may also be helpful to consult with an experienced work place retaliation lawyer for guidance on how to build a strong case.
What are the elements of an OSHA retaliation claim?
To have a valid OSHA retaliation claim, you must prove the following elements:

You engaged in protected activity under OSHA laws, such as reporting safety concerns or filing a complaint.
Your employer took adverse action against you, such as termination, reduction in pay, or reduction in hours.
The adverse action was motivated by your protected activity.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Over 1000 Workers in NYC are Owed Back Wages
Millions of Dollars Owed to New York City Contractors
New York City officials are trying to locate 1,056 workers who are owed back wages from settlements with private contractors. These workers not paid all wages due, and are owed a total of $3.7 million, according to the city comptroller’s office.
Where Did the Money Come From?
The money in New York City came from settlements from contractors that worked on city contracts in public works projects and building service works for New York City government agencies. The city requires all contractors pay workers at “prevailing wage,” which is set annually by the comptroller’s office.
These companies paid their workers less than prevailing wage, even though the city paid the project based on prevailing wage calculations. This difference was kept by the contractors, when it was really owed to the workers. Now the contractors have paid it back as part of the settlement and the city is trying to locate the people who worked on the projects. The comptroller has a form for people who believe they are entitled to a portion of this unpaid prevailing wage money.
Unpaid Wages in Florida
This issue is not unique to New York City. There have been cases all over the country where contractors bid on projects based on local prevailing wage rates and then pay out at lesser rates. This is a form of wage theft and it is illegal.
But it’s not the only form of wage theft we see. Employers sometimes misclassify employees as exempt from overtime when they should be eligible for it. Employers also misclassify employees as independent contractors who are in fact employees instead, and thus, eligible for overtime and benefits. Sometimes the employer’s actions are committed out of ignorance or a lack of understanding of the law; sometimes these decisions are simply driven by cost-cutting measures at the expense of hard-working employees.
The law is very specific about how workers are classified. It is not up to the employer to decide whether you are an employee or not or to withhold your pay; your employer must operate within the boundaries set by law. Regardless of the employer’s intent, if you believe you have been misclassified or your employer has withheld wages from you, you need someone who understands employment law and can help you explore your options.
Not all wage theft is as subtle as misclassifying employees. Some employers hire on workers for a project or job and simply never pay them. They don’t return calls to the worker, and it’s not until a third-party gets involved that the employer begins to think seriously about the claims.
Have you been chasing payment for a job you worked on through a company as either a temporary employee or independent contractor? Are you wondering if you’re a misclassified employee in your employment status? Does your employer refuse to pay the overtime you earned or have you been requested to work “off the clock” or under the table?
All of these situations are examples of potential wage theft. Contact Wenzel Fenton Cabassa, P.A, today to find out more about employment law and whether you may be eligible to receive back wages.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Overtime and Tips: How Do Florida Overtime Laws Work?
The qualifications and calculations for overtime in Florida can be confusing for many workers in the state, including overtime pay for tipped employees. The federal Fair Labor Standards Act (FLSA) is a key employment law with detailed language to protect employees and guarantee payment of wages for all the hours an employee is rightfully due, including server overtime pay. Being informed about common Florida overtime law questions such as “How does overtime work?” and “How is overtime paid in Florida?” is important for employees to ensure they are receiving fair wages for the hours they work.
Do Tipped Employees Qualify for Overtime in Florida?
Florida Overtime Laws
Florida overtime laws follow the Fair Labor Standards Act (FLSA) mandates —those who qualify for overtime must be paid the overtime premium. If an employer violates the mandates of the FLSA, they can and should be held accountable for not paying their employee(s) overtime in Florida.
Do servers get paid overtime?
The short answer to that question is “yes.” Although, servers and other types of employees who get tips do not get overtime paid the same way that other workers get paid. Typically, if someone is making, for example, $15 per hour and qualifies for overtime in Florida, all hours worked past 40 hours in one workweek would be paid time and a half. So, if the employed worked a total of 50 hours in one workweek, they would get paid $15 (regular rate) x 1.5 (OT rate) x 10 (OT hours worked) = $225 in overtime pay in Florida.
How do you calculate overtime in Florida if you’re a tipped employee?
Once you understand that, generally speaking, tipped employees are entitled to overtime pay in Florida, you need to know how to calculate it. The calculations for server overtime pay and other tipped employees are more complicated than the basic formula for other employees. Since the total pay rate for tipped employees is not consistent over time, it can be challenging. First, you must consider the hourly rate of pay you receive from your employer.
The standard minimum wage in Florida as of September 30, 2021, is $10.00 per hour, and the server minimum wage in Florida is $6.98. Florida law allows employers to take a maximum “tip credit” of $3.02 per hour. This assumes that the employee will be able to make up those wages with tips. Then, to calculate overtime pay for tipped employees, you take the Florida minimum wage, currently at $10.00, and multiply it by 1.5, which equals $15.00. After this, you subtract the tip credit. $15.00 – $3.02 = $11.98. Overtime pay for tipped employees (any hours worked over 40 in one workweek) should be at a minimum rate of $11.98.
What should tipped employees do if they’re not being paid fairly?
The first thing tipped employees should do if they feel they are not being paid fairly regarding overtime in Florida is to obtain as much documentation as they can. One of the most important types of documentation is the verification of the hours that they have been working, including regular hours and overtime hours. Whether you received your schedules electronically or through printed schedules, saving and organizing the days/weeks/months, and times you have worked will go a long way to prove what you are lawfully owed.
Additionally, collect documentation of your paystubs (electronic or paper) and any other related documentation you may have that reflects wages and/or tips. Human resources documents such as employee handbooks and personnel/employment information, including any employment agreements, can help ensure you receive fair wages. Another action that can be taken is to speak to your fellow employees about how they are compensated for overtime.
It is not uncommon for employers across the company or establishment to pay servers and other tipped employees in the same way. If your employer is not paying you appropriately for your overtime, it is possible that they are doing the same thing with other employees. Whether it is one person, or a group of people, violating the employee rights of workers is serious and comes with consequences.
Employers who do not pay appropriate wages for overtime for servers and other tipped employees should be held accountable for their actions. If you are working more than forty hours per workweek in Florida, you should be getting, at a minimum, $11.98 for each overtime hour. These wages can add up over a period of time and amount to significant wages. Do you believe you have a wage and hour claim against your employer? Contact Wenzel Fenton Cabassa, P.A.
Wenzel Fenton Cabassa, P.A., Florida Wage and Hour Lawyers 
The wage and hour lawyers at Wenzel Fenton Cabassa, P.A. fight hard to ensure the rights of employees across the state are being upheld. We believe strongly in the right to fair wages, including appropriate overtime pay in Florida. We understand what it takes to hold employers accountable for employment law violations and are with our clients every step of the way. Your employer most likely has a lawyer or team of lawyers, and you have the right to effective legal counsel.
Have you not received appropriate overtime in Florida? Contact us today for a free, confidential case evaluation. We have helped many servers, other tipped employees, and workers in other industries across the state hold employers accountable for violations of Florida overtime laws.
We have locations across the state in Tampa, Orlando, Miami, Sarasota, Jacksonville, St. Petersburg, and West Palm Beach to fight for the rights of hospitality/restaurant workers and other tipped employees. You deserve fair wages, and we are here to help. If payment for our legal fees is a concern, know that we are a contingency law firm.
There are no fees for our services unless we win.

Wenzel Fenton Cabassa, P.A. is listed in the U.S. News & World Report’s Best Law Firms 2021 issue and has the highest Avvo rating – 10.0.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Pay Discrimination in the Workplace: Am I Protected?
Pay discrimination in the workplace affects the lives and livelihoods of employees every day. It occurs when someone performs similar work to another employee but does not receive equal pay. It is not uncommon — and it is often unlawful.
Unfortunately, employers across varying industries engage in wage discrimination in the workplace anyway, disregarding state and federal laws. But employees have many rights and protections to receive fair wages — and the right to hold employers accountable for violations of the law.
What Is Pay Discrimination?
Pay discrimination in the workplace occurs when an employer fails to pay the same wages to employees who perform substantially equal work. Under federal law, this comparison would be that the employees have substantially equal responsibility, skill, and effort and work under similar conditions.
A common misconception of what would amount to wage discrimination is that the employees would have to have the same job title, and this is not true. It is the job content that is recognized under the law when comparing substantially equal work.
Additionally, people often think in terms of straight wages, but pay discrimination in the workplace can also occur in other areas, including:

Salary
Bonuses
Overtime Pay
Stock Options
Profit-Sharing
Bonus Plans
Vacation and Holiday Pay
Life Insurance
Benefits
Reimbursement for Travel Expenses
Gasoline and Cleaning Allowances
Hotel Accommodations

With wages/salary and all of these other forms of pay, employees who are faced with unequal pay in the workplace can lose a substantial amount of money and additional benefits, which can quickly add up over time.
Examples of Wage Discrimination in the Workplace
There are various situations that could amount to wage discrimination in the workplace. Here are some wage discrimination examples:

A male and a female radiologic technician at a hospital perform the same job and have similar education and experience. The male employee receives 15% higher wages on each paycheck than the female employee.
A white male computer technician and an African American female computer technician at an information technology company have similar skills and education and perform the same work. The white male worker receives 13% more in standard wages than the African American female worker, but he is also offered a bonus plan. She does not have a bonus plan.
A 29-year-old sales associate and a 45-year-old customer service associate at a big box retailer are assigned to the service desk, performing the same job each day. They have similar skills and responsibilities, working in the same conditions. The sales associate receives $20/hour in pay, while the customer service associate receives $15/hour.

Florida and Federal Wage Discrimination Laws: Am I Protected?
Florida and federal wage discrimination laws protect employees against wage disparity for discrimination based on sex, race, color, religion, national origin, age, or disability. These include:
The Equal Pay Act (EPA)— this federal legislation prohibits sex-based wage discrimination.
Title VII of the Civil Rights Act — this federal legislation has wide-ranging protections against discrimination based on race, color, religion, sex, or national origin.
The Americans With Disabilities Act (ADA) — this federal legislation prohibits employment discrimination against a qualified person based on a disability.
The Age Discrimination in Employment Act (ADEA) — this federal legislation prohibits employment discrimination against employees who are at least 40 years old or older.
The Florida Civil Rights Act (FCRA) — this state legislation prohibits employment discrimination based on race, color, religion, sex, national origin, age, handicap, or marital status.
Can I Sue for Pay Discrimination?
Employees across job titles and industries have protections against pay discrimination in the workplace. If your situation qualifies for a case, you have the right to sue your employer. When you consult with an employment law attorney, they provide expert guidance, reviewing what happened and providing your best legal options moving forward.
No one deserves to be discriminated against, and everyone deserves fair pay for their hard work. If you sue, you may be able to recover substantial back pay and additional damages.
Wage Discrimination Cases in Florida
Employee rights attorneys aggressively pursue wage discrimination cases in Florida. Whether it is an unequal pay situation due to sex, race, disability, or other protected categories, your lawyer will work diligently for you each step of the way. They will utilize the power of federal and state legislation and their skill and experience in holding employers accountable for violating the law.
How to Prove My Case
There are a variety of strategies and laws that can be used to prove a wage discrimination case. If your lawyer uses the Equal Pay Act as the primary legislation for the basis of your case, they will need to prove similarities in skill, effort, responsibility, and working conditions. There also needs to be an establishment, a dedicated building or buildings, where the individuals work to prove the case.
Other legislation does not necessarily have these parameters, but discrimination must be proven, which can be done by documentation, evidence, witnesses, effective strategy, and skill.
The U.S. Equal Employment Opportunity Commission (EEOC) oversees the administration of wage discrimination cases. Your lawyer can manage the filing of the case and help with mediation and negotiations.
If you believe you have a case, gather as much information (pay stubs, job descriptions, memos, HR records, etc.) as you can. If you do not think you have enough documentation, it is still highly advisable to consult with an employment law attorney. You may have much more than you think to make a strong case.
Unequal Pay in the Workplace: When to Contact An Employment & Labor Law Attorney
If you believe you have been getting unequal pay and have been subject to pay discrimination in the workplace, contact an attorney as soon as possible. The earlier you have legal representation, the better. The EEOC process does take time, but it is crucial to ensure that you are following the appropriate steps and have a strong mediator on your side. If needed, your lawyer can also represent you in court, but many wage discrimination cases can be resolved out of court — while obtaining a fair resolution.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Pregnancy Discrimination Act of 1978: Protecting Pregnant Women at Work
Pregnant women in the workplace have been protected against discrimination for decades, thanks to the Pregnancy Discrimination Act of 1978. This critical legislation remains relevant and much needed today. Unfortunately, pregnancy discrimination is still not uncommon, but knowing your rights and protections is vital to assist you in making the best legal decisions for your family and your career.
What is the Pregnancy Discrimination Act of 1978?
The Pregnancy Discrimination Act protects female workers from employment discrimination by their employers in the hiring process and on the job. Administered by the Equal Employment Opportunity Commission (EEOC), the Pregnancy Discrimination Act of 1978 is an amendment to Title VII of the Civil Rights Act of 1964. The act covers a wide range of discriminatory actions and serves as the primary legislation that holds employers accountable for illegal behavior under its mandate.

Some examples of what the Pregnancy Discrimination Act covers include:

Firing a Pregnant Employee
Discriminating Against an Employee
Harassing an Employee Because They Are Pregnant
Not Providing Reasonable Job Accommodations
Refusing To Hire Someone Because They Are Pregnant or Have Just Given Birth
Forcing an Employee to Change Jobs

Pregnant women and women who have just given birth should be treated equally. The Pregnancy Discrimination Act of 1978 also covers maternity discrimination. This happens when someone is mistreated (or fired) after recently giving birth or breastfeeding at work. The legislation also protects women who are retaliated against after filing a complaint about pregnancy discrimination. Retaliation in the workplace against an employee could include such actions as demotions, firing, changing schedules or duties, or harassment.
On Hiring and Working Conditions
The Pregnancy Discrimination Act explicitly says that an employer cannot refuse to hire a woman because of her pregnancy-related condition as long as she can perform the major functions of her job. In addition, the legislation forbids discrimination based on pregnancy when it comes to any other aspect of employment, including pay, benefits, training, promotions, layoffs, job assignments, and any other term or condition of employment.
If an employee is temporarily unable to perform her duties due to her pregnancy-related condition, the employer must treat her just like they would any other employee of limited physical abilities. This includes providing modified tasks or light duty, alternative assignments, leave without pay, or disability leave.
What Does the Pregnancy Discrimination Act of 1978 Require to Hold Employers Accountable?
In proving a case of pregnancy discrimination, there are several circumstances/actions that the legislation can utilize to hold employers accountable and bring justice to employees. These can include:

A brief amount of time between the adverse action (firing, demoting, harassment, etc.) and a decision maker’s knowledge of your pregnancy, childbirth, or related medical condition
An explicit company policy that allows less favorable treatment for pregnant workers as opposed to other employees or job candidates
Statements communicated by decision-makers to workers, either a pregnant employee or other employees, that demonstrate a bias against pregnant women such as terms like “Mommy track”
Less favorable treatment compared to employees who are not pregnant

An employment discrimination attorney helps workers if they believe they have been discriminated against because they are pregnant. It is important to consult with an attorney even if you are unsure if you have enough proof to hold employers accountable.
What Should You Do if You Have Been Discriminated Against Because You Are Pregnant?
A claim needs to be filed with the EEOC or the Florida Commission on Human Relations (FCHR) if you have been the victim of workplace discrimination because you are pregnant. The claim should be detailed regarding what happened and provide relevant contact information of all involved parties. Under the Pregnancy Discrimination Act of 1978, the time limit is 180 days from when the discrimination took place. Florida law allows that to be extended to 300 days for a federal law claim and up to 365 days for a state law claim.
A workplace discrimination attorney understands the comprehensive details of the Pregnancy Discrimination Act of 1978, as well as related employment laws addressing discrimination. It is advisable to consult an attorney to determine your best legal options moving forward to help you, your family, and your career.
Have you been the victim of pregnancy discrimination in the workplace?
Contact Wenzel Fenton Cabassa P.A. today to set up a free case evaluation. We help employees across Florida hold employers accountable for their unlawful actions.
Other Pregnancy Discrimination Articles:
Top 8 Examples of Pregnancy Discrimation
In The Workplace Top 10 FAQs About Pregnancy Discrimination
An Action Plan for Women Who’ve Been Fired for Being Pregnant In Florida




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Pregnancy Discrimination in Florida: What the Supreme Court’s Decision Means for You (2025)
If you’re pregnant or just had a baby and work suddenly feels hostile or unsafe, you are not alone. Many women in Tampa, St. Petersburg, and across Florida face pregnancy discrimination in Florida when they’re denied simple help like lifting limits, breaks, or time to pump. This guide explains your rights in plain English and what to do next so you can protect your job and your health.
Ready to talk confidentially about your situation? Contact Wenzel Fenton Cabassa, P.A., for a free, no-pressure case review.
A Quick Snapshot of Your Rights

You can’t be treated worse because you are pregnant. That’s illegal discrimination.
You can ask for reasonable accommodations (extra breaks, lifting limits, light duty, schedule tweaks) under federal law.
After birth, you have rights to pump at work with break time and a private space (not a bathroom).
Florida law also protects pregnancy as sex discrimination, adding another layer of protection.

The Case Behind the Headlines In Plain English (Young v. UPS)
What happened
Peggy Young, a UPS driver, became pregnant and had a doctor’s restriction: no lifting over 20 lbs. Instead of moving her to lighter tasks, UPS put her on unpaid leave, and she lost her benefits. She argued that other workers with similar physical limits got different treatment. (Sound familiar?) This led to the Supreme Court case Young v. United Parcel Service. 
Why it still matters to you
The Supreme Court said employers cannot use policies that help other workers with temporary limits but exclude pregnant workers without a strong reason. In short, if the company gives light duty or flexibility to others with similar restrictions, it likely needs to do the same for you as an expecting mother.
If coworkers with similar limitations received help and you didn’t, save those examples; this could be crucial evidence. Schedule your free consultation today!
Reasonable Accommodations You Can Ask For

Lifting limits or light duty
Extra bathroom/water breaks, a chance to sit or stand as needed
Schedule adjustments or time for prenatal/postpartum appointments
Temporary reassignment of tasks you can’t safely do during pregnancy
Time and a private space to pump after you return (not a bathroom)

What If Your Employer Says “No” (or Punishes You)?

Document everything: dates, emails/texts, what you asked for, who said what.
Follow up in writing, asking for the reason and offering options (e.g., “Can we try light duty or schedule changes?”).
Watch for retaliation (sudden write-ups, hours cut, demotion). That is also illegal.
Talk to a lawyer quickly, as deadlines can be short.

Bring whatever you have: notes, screenshots, doctor’s orders. We will help you build a simple timeline and plan your next step.
Florida Law Gives You Extra Protection
Florida treats pregnancy discrimination as sex discrimination under the Florida Civil Rights Act (FCRA). That works alongside federal protections, giving you additional paths to relief in Tampa, St. Petersburg, and statewide.
Real-World Red Flags to Watch For
If you’re seeing these, it’s time to act:

Suddenly being denied basic accommodations after telling your boss you’re pregnant
Pressure to take unpaid leave you don’t want or to “come back after the baby”
Unsafe assignments (heavy lifting, chemicals) despite a doctor’s note
No break time or private space to pump, or being told to use a bathroom
Write-ups or schedule changes that begin after you disclose pregnancy

Any one of these is a red flag. Two or more? Let’s talk today about a plan that lowers your stress and protects your job.
What to Bring to a Free Consultation

Doctor’s note or restrictions (even a short one helps)
Timeline: when you told your employer, what you asked for, and responses
Messages/policies: emails, texts, handbook pages
Pay stubs/schedules if hours or pay changed after you disclosed pregnancy

Do not stress if this isn’t perfect or if you don’t have everything in order. Bring what you have; we will do the heavy lifting.
FAQs
Do I have to be “disabled” to get help?No, pregnancy-related limitations can be accommodated even if they aren’t disabilities. Ask for what you need to work safely.
Can I get light duty?Often, yes, especially if the employer gives light duty to others with similar limits (e.g., injuries). That’s where Young v. UPS helps your case.
What are my pumping rights?Most workers get reasonable break time and a private, non-bathroom space to pump for up to one year after birth. If that’s not happening, it’s time to speak up! We can coach you on the next steps or handle the conversation for you.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Pregnancy Discrimination: What You Have to Prove
If you’re pregnant (maybe even due in the next few weeks) and your employer is cutting your hours, pushing you onto unpaid leave, or treating you differently after you shared your news, take a breath. You’re not alone, and you have rights. Across Tampa, St. Petersburg, Orlando, and greater Florida, pregnancy discrimination still happens: being denied light duty your doctor recommends, “restructured” out of a role just before leave, or passed over for a promotion because you’re expecting.Quick next step: If something feels off, call Wenzel Fenton Cabassa, P.A. at 813-224-0431 for a free, confidential case review.
Why These Laws Matter for Tampa Bay Employees
Federal and Florida laws protect pregnant workers from unfair treatment. In plain terms: if your employer offers schedule changes, light duty, or time off for other temporary medical limits, they shouldn’t deny you the same because you’re pregnant. They also cannot fire, demote, or refuse to hire you due to pregnancy or childbirth.
How to Prove Pregnancy Discrimination
To build a strong case, we focus on proof of different treatments and clear timelines:
Direct Proof (the “smoking gun”)

Emails, texts, or comments tying a decision to your pregnancy.
Statements like “we need someone who won’t be out on leave” or “clients need continuity during your maternity leave.”

Circumstantial Proof (very common and powerful)

Timing: adverse action right after you disclose your pregnancy or doctor’s restrictions.
Policy deviations: the company skipped usual steps (no write-ups, no performance plan).
Comparisons: coworkers with similar temporary limits (not pregnant) were accommodated, but you weren’t.
Convenience: you were let go just before FMLA or your maternity leave would begin.

Tampa Bay tip: Save everything, especially communications with HR or your manager in Hillsborough or Pinellas County offices, doctors’ notes with work restrictions, and your employee handbook outlining accommodations and leave.
Wondering what to save or how to ask HR without risking your job? Call 813-224-0431—we’ll walk you through it.
Real-World Examples We See in Tampa Bay

Denied light duty even though others with lifting restrictions got it.
Forced onto unpaid leave despite doctor-approved restrictions that would allow you to work.
Hours slashed or role changed after you disclosed your pregnancy.
“Performance” write-ups that began only after your pregnancy was known.

Talk to a Tampa Pregnancy Discrimination Lawyer Today
If you’re being pushed out, denied light duty, or punished for being pregnant, you deserve support now! Wenzel Fenton Cabassa, P.A., represents employees across Tampa, St. Petersburg, Clearwater, and all of Florida.We can review your timeline, preserve key evidence, and help you move forward with confidence so you can focus on a healthy delivery.
FAQs 
Can my employer fire me because I’m pregnant?Termination decisions can’t be based on pregnancy, childbirth, or related medical conditions.
What if my OB gives restrictions (like “no heavy lifting”)?If your employer accommodates other temporary restrictions (e.g., injuries), they should treat your restrictions similarly.
I’m due soon. Does it still make sense to call a lawyer?Yes, Wenzel Fenton Cabassa P.A. can act quickly to protect your job, pay, and leave, especially when delivery is near.
Do these protections apply in smaller offices?Protections depend on the laws that apply to your employer and your situation. Call us to sort out what covers you in Florida.
I’m in St. Petersburg, but the company I work for is in Tampa. Does location matter?We help employees throughout Tampa Bay and across Florida. Where the company and work occur both matter; let’s review your facts.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Pregnancy Rights at Work: What You Need to Know
Pregnancy rights at work protect millions of women in the workforce every year in Florida and across the United States. There are powerful pregnancy laws in place to ensure the rights of women who are pregnant, have been pregnant, or may become pregnant.
Do you believe you have been harassed or discriminated against in the workplace? Getting the correct information about pregnancy rights at work will help you understand whether you may have a case against your employer — and what can be done to hold them accountable for violations of the law.
About Pregnancy Laws and Your Workplace Rights
If your employer has 15 employers or more, you are protected against pregnancy-based discrimination and harassment at work under federal and state pregnancy laws.
Federal Government Laws
Several federal government laws address pregnancy rights at work.
The Pregnancy Discrimination Act (PDA) has detailed language that requires a business to treat pregnant women who may become pregnant the same as other employees or job applicants with similar abilities and limitations. This includes all phases of the hiring process and all work areas such as interviewing, hiring, training, scheduling, benefits, promotions, etc.
Meaning that you cannot be discriminated against, or they can be held liable, facing penalties, potential damages, and other possible resolutions to pregnancy discrimination cases. In general, if you are pregnant, were pregnant, could become pregnant, intend to become pregnant, or have a medical condition that is related to pregnancy, the employer cannot take the following actions based on your pregnancy:

Fired from your job
Rejected for a job
Rejected for a promotion
Given lesser assignments or a demotion
Forced to take leave

Although your employer does not have to keep you in a certain role if you are unable to perform your duties or if staying in the role would place a significant safety risk to others, they are not allowed to remove you from that job if they believe that what you are doing would be risky for either your pregnancy or you.
You are also protected against harassment under the PDA, including verbal harassment such as repeated use of offensive language or physical harassment such as inappropriate touching.
Accommodations at work are also possible under federal law to allow you to perform your job safely. These may include:

Altered break and work schedules, including
Permission to sit or stand
Ergonomic office furniture
Shift changes
Elimination of marginal job functions
Reductions in workload
Permission to work from home

The Americans with Disabilities Act (ADA) also protects against discrimination, including accommodations if you have a medical condition related to pregnancy. Some examples include cervical insufficiency, preeclampsia, anemia, depression, or gestational diabetes. Understand that your pregnancy rights at work are quite comprehensive and that a medical condition, according to the ADA, does not have to be severe or permanent to be considered “substantially limiting.”
The Family Medical Leave Act (FMLA) also covers certain pregnancy rights at work, protecting your job while taking time off while pregnant or after the birth of a child. Under the parameters of the FMLA, the company must have 50 employees or more, and you need to have worked there for at least 12 months to qualify for protection/benefits.
State of Florida Law
The Florida Civil Rights Act (FCRA) is a state law that also prohibits discrimination. Like the PDA, the FCRA includes workers at companies with 15 or more employees. The FCRA secures protection against discrimination due to “race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.”
Your Pregnancy Rights at Work and COVID-19
The COVID-19 pandemic has significantly impacted workplaces in Florida and across the country. During this unprecedented time, it is understandable to be concerned about pregnancy rights at work.
The first thing to understand is that federal and state laws continue to offer protections for millions of workers. With the concerns of COVID-19, if you have a pregnancy-related impairment or disability, this may place you at greater risk. Under the ADA, you may be able to request accommodations like those listed above, as well as request changes in the workplace to reduce your contact with others, temporarily transfer positions, or request telework. Social distancing and personal protective equipment (PPE) may also be requested.
If providing accommodations imposes an “undue hardship” on employers, they may not be required to comply. An employment law attorney can advise you on your rights regarding accommodations.
The Occupational Safety and Health Administration (OSHA) also has guidance for employers to keep their workers safe during the COVID-19 pandemic, such as

providing hand sanitizer when running water and soap are not available,
encouraging workers to stay home when sick, and
other workplace controls for preventative measures, including PPE

OSHA’s policies are considered guidance only, though, and employers are not required under law to follow them.
If you need to use some or all the 12 weeks provided under FMLA due to COVID-19, you may still be able to take time off with job protection after you have your baby. You may also be able to apply for temporary disability insurance.
In general, pregnancy rights at work continue through the pandemic. Each situation is different, depending on your circumstances and company policies at your workplace. If your hours have been cut due to COVID-19, you may have a case of discrimination.
When to Contact a Pregnancy Discrimination Attorney
If you believe you have been discriminated against or harassed at work, you may have a case.
Contact an attorney if you believe you have been:

Fired from your job because you were pregnant
Refused a promotion because you were pregnant or intended to get pregnant
Not given reasonable accommodations due to a medical condition related to your pregnancy
Not hired because you were pregnant
Harassed verbally or physically because you were pregnant
Other discriminatory acts by your employer due to pregnancy

Wenzel Fenton Cabassa, P.A. is the employee’s law firm. We fight hard for workers when they have been discriminated against or harassed and have extensive experience and expertise working with pregnancy laws.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Pregnant During the Pandemic? A Guide to Employee Rights
Pregnancy should be a very exciting time. But during the pandemic, it can be very challenging for employees. Workplace discrimination is threatening the livelihoods of families across the country as some business owners are, unfortunately, violating employee rights to keep making profits.
Workplace discrimination is a complex subject during “normal” times — and even more complicated during a pandemic. Do you have questions about pregnancy discrimination? We are here to help.
What Rights Do I Have to Protect Me from Workplace Discrimination?
Pregnant workers have two federal laws that were in place before the pandemic that could offer some protection from discrimination in the workplace:

Pregnancy Discrimination Act
Americans with Disabilities Act

These federal laws apply to employers that have at least 15 or more staff and require employers to give reasonable accommodations to pregnant workers, as well as those who are not pregnant. In the context of Covid-19 and risk, many women have asked to either telecommute, if possible, or reduce risk on the job by limiting contact with other people, including customers.
If you have gestational diabetes or other underlying condition related to pregnancy, this could also be covered under the ADA to be able to receive reasonable accommodations at work and protect you from workplace discrimination such as demotions, reductions in pay, or even firing or forcing you to quit during a pandemic.
Even though the Centers for Disease Control and Prevention (CDC) does not have the information yet to say that pregnant women are more likely to be seriously ill with Covid-19, it is true that pregnant women have a higher risk to get seriously ill with other types of viral respiratory infections such as the flu. The CDC does have recommendations to protect you and your family if you are pregnant, breastfeeding, or caring for young children.
 
What Kind of Accommodations Could I Ask For?
In this unprecedented time, it is reasonable to be scared about going to work. But your employee rights include being able to ask for the “reasonable accommodations” that are detailed in the federal laws mentioned above.

Some of these requests could include:

Avoiding contact with the public
Having an isolated place to perform your duties
Additional protective gear such as masks, gloves, and hand sanitizer
Temporarily changing your role in the workplace
Telecommuting

Depending on the type of job, some of these may be possible, and some may not. Know that it is your right to make the request. Follow your company protocols regarding the chain of command. Go to your immediate supervisor first. If this does not work, then go to your human resources department. Let them know your commitment to your job and how important keeping your job is to you and your family.
If your requests are refused, unemployment assistance may be eligible. Florida workers can check the latest information regarding unemployment insurance here. In addition, The Family and Medical Leave Act (FMLA) guarantees you 12 weeks of (unpaid) leave, though most women choose to take that after the baby is born.
Have you been refused accommodations, demoted, or fired during the pandemic? You may have been the victim of pregnancy discrimination.
Tackling the Complexities of Workplace Discrimination During the Pandemic
In these confusing, scary times, know that Wenzel Fenton Cabassa P.A. is here for you. We have been standing up for workplace rights for Florida workers for many years and have helped thousands of people across the state get justice.
We are highly knowledgeable about employment law and new legislation that has been approved during the pandemic that affects employers and employees. When families are suffering due to pregnancy discrimination or workplace discrimination of any kind, we fight hard for your rights and stand up to powerful employers.
In these particularly complex times, it is increasingly important to have experts in employment law on your side.
If you believe you have been the victim of pregnancy discrimination during the pandemic, contact us, and we will discuss the details of your situation. You may have a legitimate case against your employer, and we are here to help you and your family during this difficult time.
Pregnant women have a right to their careers, just like anyone else and should be treated fairly and equally to everyone else.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

Related Posts

#### Pregnant in the Workplace
Congratulations! You have just learned you are pregnant. I wish you the very best! But I’m sure you have questions about how this could impact your job.
As a mom, I know your focus will be on your health and the health of your baby. As a professional woman, let me also share with you that I understand your commitment to your job, and all the hard work you put into gaining the trust of your supervisors. There is no doubt you can be a great mom-to-be (and then a mom) and a successful employee. You are a great employee, and while your pregnancy will rock your world in more ways than you know, the news that you are pregnant will also rock the world of your employer.
Employers Get Scared Too
They put time into training you, and you’re an asset to the company.
But they may also wonder if you require time off? Will you leave? Will you return to work? And when you return, will you be on board? A demonstrated commitment to your work during your pregnancy can certainly ease their fears.
I am describing questions most employers ask themselves even though they know the law- an employer cannot discriminate against you because you are pregnant.
The Pregnancy Discrimination Act makes that clear. The Americans with Disabilities Act and Family & Medical Leave Act (referred to as the FMLA) also comes into play. The important thing to remember is that you cannot be treated any differently than any other employee with a medical condition or need for leave.
Pregnancy Leave Under FMLA
If you are pregnant, check to see if you are covered under the FMLA.

Are you employed by an employer with at least 50 employees?
Have you worked for the employer for at least 1 year working at least 1250 hours?

If you can answer yes to both questions, the FMLA provides for up to 12 weeks of unpaid leave for your own health condition (including incapacity due to pregnancy), prenatal care, for your own serious health condition after delivery, and to care for your baby.
Although the law requires that an employer must give covered employees general notice of your rights, many do not.
Even if you are not covered by the FMLA (and in addition to your rights under the FMLA), you will want to know if the company offers (in addition to or in cases where there is no FMLA coverage) leave for medical conditions. Leave of absence policies are generally described in most employee handbooks. Ask your Human Resources office for information. You probably know of other employees taking leave for medical conditions- particularly for non-pregnancy related conditions- which is pretty clear evidence that a leave is available.
Americans with Disabilities Act
Even if your employer does not have a formal leave program, the Americans with Disabilities Act requires that your employer consider requests for accommodations for a disability. Not every pregnancy or delivery will qualify as a “disability” but knowing that there are legal protections out there should you find yourself in a difficult pregnancy, will certainly ease your anxiety, and allow you to focus on your health and your job.
I sincerely hope your pregnancy is a healthy one for you and your child.
If you believe you have been discriminated against because of your pregnancy, before or after delivery, please let us know. At Wenzel Fenton Cabassa, P.A., we represent hardworking mothers who have been the victim of pregnancy discrimination.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Protections Against Gender Discrimination for Firing Transgender Employee in Tampa
Wrongful Termination & Transgender Employee Discrimination Laws Protecting the LGBTQ+ Community
Terminating a transgender employee based on their gender identity or sex may qualify as retaliation or wrongful termination under federal and state employment laws. These protections, often referenced in discussions of transgender discrimination laws, empower the Equal Employment Opportunity Commission (EEOC) to pursue legal action against employers who engage in such unlawful practices.
Firing a Transgender Employee: Protections Against Gender Discrimination in Tampa
Transgender individuals are safeguarded from employment discrimination under Title VII of the Civil Rights Act of 1964. This federal law prohibits employers from discriminating based on sex, which includes gender identity and expression. In practice, this means employers cannot lawfully terminate someone solely for being transgender.
Florida has its Human Rights Ordinance (HRO), which prohibits discrimination against transgender employees in the workplace based on sexual orientation, gender identity, or gender expression. Together, these laws aim to create fair and inclusive workplaces for all.
Title VII and Employment Discrimination: Workplace Protections for Transgender Workers
In June 2020, the U.S. Supreme Court issued a landmark decision in Bostock v. Clayton County, confirming that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation and gender identity. This ruling made it clear: firing someone simply because they’re gay or transgender violates federal law.
The Court’s reasoning wasn’t entirely new. It built on prior cases like Price Waterhouse v. Hopkins (1989), where the Court had ruled that discrimination based on sex stereotypes—like how a man or woman "should" look or act—was illegal under Title VII. But Bostock removed any lingering doubt: when an employer discriminates against someone for being transgender, that employer is violating Title VII.
This decision means that transgender workers across the country are federally protected, regardless of whether their state laws offer similar protections. Even if a state allows or fails to prohibit discrimination based on sexual orientation or gender identity, federal law still holds employers accountable.
The Equal Employment Opportunity Commission (EEOC) enforces these protections in both public and private workplaces with 15 or more employees. Workers who believe they've been mistreated because of their gender identity or expression—or because they don’t conform to traditional gender roles—have the right to file a claim with the EEOC.
While earlier cases like Macy v. Holder laid the groundwork by recognizing that gender identity falls under sex discrimination, Bostock v. Clayton County cemented this understanding with the full authority of the Supreme Court. For employees facing workplace discrimination based on gender identity, sexual orientation, or gender non-conformity, Bostock is a critical shield and a clear message to employers that bias has no place at work.
For employees facing workplace discrimination based on gender identity, sexual orientation, or gender non-conformity, Bostock is a critical shield and a clear message to employers that bias has no place at work.
How do you report gender discrimination of transgender employees in the workplace?
Protections are in place to prevent sex or gender discrimination and to safeguard against workplace retaliation, including the wrongful termination of transgender employees. While transgender employee rights continue to evolve, existing regulations prohibit gender stereotyping and sex-based discrimination. If you’re unsure about your rights or facing a challenging situation, it’s crucial to consult an experienced employment law attorney without delay.
Have you or someone you know experienced wrongful termination or sex discrimination?
Before filing a charge with the EEOC, seeking guidance from an experienced employment attorney is crucial. Mistakes or incomplete filings can weaken your case. At Wenzel Fenton Cabassa, P.A., our renowned Florida employment law firm is recognized as  Best Lawyers in America 2016.
Contact us today for a free, confidential case evaluation and take the first step toward justice.

Contact Wenzel Fenton Cabassa, P.A. for Help with Transgender Workplace Discrimination
If you have been wrongfully terminated based on your gender identity in the workplace, it is crucial to take action and ensure your voice is heard. Discrimination and harassment have no place in any work environment, and employees have the right to feel safe and respected.
At Wenzel Fenton Cabassa, P.A., our experienced employment law attorneys are committed to fighting for the rights of all employees. We specialize in cases involving workplace discrimination, harassment, and wrongful termination, offering compassionate and skilled representation to help you navigate these challenging situations.
Contact us today for a confidential case evaluation and take the first step toward protecting your rights as an employee.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Public vs. Private Sector Employment: What’s the Difference?
The public and private sectors are two distinct employment categories that encompass various job opportunities, each with its own characteristics and appeal. The public sector comprises government agencies operating at local, state, and federal levels, such as schools, emergency services, and administrative offices. Taxpayers typically fund these jobs and focus on serving the public good. On the other hand, the private sector includes all for-profit businesses, ranging from small startups to multinational corporations, driven by profit-making and market competition.

When comparing public vs. private sectors, they offer unique employee benefits and challenges. Public sector jobs often provide job stability, structured pay scales, comprehensive benefits, and a sense of purpose tied to community service. However, they can also involve bureaucratic processes and slower career advancement. In contrast, private sector roles may offer higher earning potential, performance-based rewards, and a dynamic work environment. Still, they often come with less job security and a higher-pressure atmosphere.

Understanding the differences between the public sector vs. private sector is crucial when considering a career path, as the choice can significantly impact your professional development, work-life balance, and long-term goals.

What is a Public Employee?

A public employee is an individual who works for a government agency, whether at the local, state, or federal level, contributing to its functioning and services that benefit society as a whole. These agencies can include departments of education, transportation, health services, public safety, environmental protection, and many more, all of which play a crucial role in maintaining public welfare.

Public employees are typically hired through a civil service system to ensure fair hiring practices based on merit and provide job security. This system helps prevent favoritism or discrimination in hiring while promoting a transparent recruitment process. Public employees often have strong legal protections, meaning they cannot be fired without cause and are safeguarded against wrongful termination. These protections aim to create a stable work environment, allowing public employees to focus on serving their communities effectively without fear of unjust job loss.

What is a Private Sector Employee?

Private sector employees work in businesses owned and operated independently of the government. This includes many organizations, from small local shops and family-owned businesses to multinational corporations and tech startups. These businesses are typically driven by profit and operate in various industries, such as retail, healthcare, manufacturing, and technology.

Labor laws protect workers' rights, promote fair treatment, and regulate private-sector employment. These laws prohibit prejudice based on race, gender, age, disability, religion, and other factors, ensuring equal opportunities in the workplace. They also establish standards for fair wages, overtime pay, benefits, health and safety, and working conditions. Additionally, private sector employees often have access to professional growth opportunities and performance-based incentives, which can drive innovation and productivity within these organizations.

Legal Protections: Public vs. Private Sector

While both private and public sector employees have legal protections, there are some key differences between the two. For example, public sector workers often have more opportunities to unionize and negotiate their working conditions. On the other hand, private sector employees may have access to benefits not commonly available in the public sector, such as stock options or bonuses.

There are also distinctions between private vs. public sector employees when filing a legal claim against an employer. In the public sector, employees may need to follow specific procedures outlined in civil service laws before being able to take legal action. Private sector workers may be able to file claims through state or federal labor agencies or pursue a lawsuit directly against their employer.

Here are some examples of common legal disputes in each sector:

Public Sector

Discrimination based on political beliefs or affiliations

Retaliation for whistleblowing on government misconduct

Challenges to the constitutionality of laws or policies affecting public employees

Disputes over collective bargaining agreements and union rights

Private Sector

Workplace discrimination based on protected characteristics such as race, gender, or age

Unpaid wages or overtime due to wage theft by employers

Wrongful termination without just cause

Harassment or an adversarial work environment based on protected characteristics

Unfair termination, whether in the private sector or public, is a serious matter that can significantly impact an employee's life. Therefore, employees must understand their rights and legal options in both sectors.

Job Security and Legal Recourse

One of the most significant differences between the public and private sectors is job security. In the public sector, employees often benefit from additional protections under civil service laws. These laws ensure employees cannot be unfairly dismissed and typically require "just cause" for termination. Public sector workers are less likely to be fired without a valid reason, providing them more stability. However, these protections can be a double-edged sword. If public employees are laid off or terminated, these same laws and regulations can make it more challenging for them to find new positions within the public sector, as hiring processes are often subject to strict rules and requirements.

On the other hand, private sector employees are frequently hired on an at-will basis, which means they can be fired for any reason—or no reason at all—as long as the reason is not illegal (e.g., based on discrimination or retaliation). This gives private-sector employers more flexibility in hiring and firing decisions, allowing them to react more quickly to changing business needs. However, this also means private sector workers have less job security than their public sector counterparts, leaving them more vulnerable to sudden layoffs or terminations.

If an employee in either sector believes they have been wrongfully terminated, legal options are available to challenge the decision. Public sector employees can often file a grievance or appeal the termination through established procedures under civil service laws. These processes may involve internal reviews, hearings, or arbitration to resolve disputes. On the other hand, private sector workers might need to pursue legal action through the court system, which can be more time-consuming and costly. In both cases, understanding one’s rights and the appropriate steps is crucial when addressing wrongful termination or unfair treatment.

Discrimination and Workplace Rights: Public vs Private

Both public and private sector employees are protected from workplace discrimination by several federal laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). These laws prohibit discrimination based on aspects such as race, color, gender, religion, national origin, age (40 or older), disability, and more. In addition to these federal laws, many states have their own fair employment practices laws that provide additional protections for employees, such as forbidding discrimination based on sexual orientation or gender identity.

Employees in public and private sectors who believe they have been subjected to workplace discrimination have the right to take action. They can file a formal complaint with the Equal Employment Opportunity Commission (EEOC), the federal agency accountable for enforcing anti-discrimination laws, or their state's Fair Employment Practices agency. Once a claim is filed, the EEOC will investigate to determine whether there is evidence to support the allegations. Depending on the findings, the EEOC may attempt to resolve the issue through mediation, take legal action on behalf of the employee, or issue a "right to sue" letter, allowing the employee to file a lawsuit independently in federal or state court.

It is crucial for employees to understand their rights in the workplace fully and to recognize the signs of potential discrimination, which may include unfair treatment, harassment, retaliation, or denial of reasonable accommodations. Employees should document any incidents of discrimination to strengthen their case if they choose to file a claim. At the same time, employers must meet their legal duties to create and maintain safe, inclusive, and equitable working conditions for all employees, regardless of their employment sector. Regular training on anti-discrimination policies and fostering open communication are essential to preventing workplace discrimination and promoting fairness and equality.

Legal Help for Employees Facing Workplace Issues

If an employee is facing a workplace issue, such as discrimination, harassment, or wrongful termination, they may feel overwhelmed and unsure of their rights. Consulting with a professional employment law attorney specializing in these types of claims can be helpful in these situations.

A Florida employment law attorney can provide practical guidance on the legal process for addressing workplace issues and help employees comprehend their rights and options. They can also advocate on behalf of the employee during investigations or litigation, ensuring that their voice is heard and their interests are protected.

When searching for an employment law attorney in Florida, it is necessary to find someone with experience handling cases similar to yours. It's also necessary to consider their track record and success rate in representing employees. Many law firms, such as Wenzel Fenton Cabassa, P.A., offer free case evaluations where employees can discuss their cases and learn about their legal options. Contact us today!

#### Putting Employees in the Driver’s Seat
Uber and the Battle over Contractors
One of the biggest questions in employment law currently is the difference between an employee and a contractor. It’s an important question for many companies because it determines employee benefits and protections. Often the hiring of independent contractors saves companies an enormous amount of money because they don’t have to make benefits available.
In a decision made in early June, the California Labor Commissioner’s Office announced that a driver for Uber (a ride-hailing service with 26,000 independent contractors in New York City alone), should be considered an employee, not an independent contractor. This follows a decision made in Florida in May where another independent contractor was designated an employee. Uber is appealing both rulings. Uber is also caught in individual workers’ classification cases in at least five other states including Pennsylvania, Texas and Georgia.
In the California ruling, Uber was ordered to reimburse Barbara Ann Berwick over $4,000 in expenses and other costs for the eight week span of time she worked for them last year.
Why Independent Contractor and Employee Designations Matter
If an independent contractor is ruled an Uber employee, that person is now eligible for rights such as unemployment, overtime, and even potential reimbursement for job-related expenses such as gasoline. For a company that is adding over 100,000 contracted drivers a month (globally) that’s a big payout.
While these rulings have only been applied to individual cases and do not affect the full Uber workforce, there is a class-action lawsuit pending in California asking the state to declare Uber drivers employees. If this happens, we can expect Uber’s drivers in other states to take notice filing suits of their own. A ruling like this would have application to all driving services, like Uber’s smaller competitor Lyft. What was once a viable business model may become less so when the company realizes the cost of having employees.
The classification of contractor or freelancer is in dispute across a number of industries currently. As the amount of independent employees continues to rise and online opportunities increase, we can expect to see a growing discussion on the topic.
Many people choose the designation of freelancer, or independent contractor, for the freedom to control their own schedule and achieve more of a work/life balance. They often don’t think about the employment protections that are no longer afforded in a contractor role. The courts, and law firms like Wenzel Fenton and Cabassa, P.A., will continue to monitor these companies who employ independent contractors to ensure they are adhering to the law and not taking advantage of hardworking people.
As we watch how this case unfolds over the next couple of months or years, we may be on the brink of a very important employment law precedent.
If you are an independent contractor and are wondering if you’re correctly classified, . We’ll make sure your rights are protected.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Qui Tam Protections for Healthcare Workers
Healthcare Workers and the Power of Qui Tam Protections

Healthcare fraud puts patient care and taxpayer dollars at risk. In many cases, it’s employees like nurses, medical coders, or billing specialists who first notice false claims or unethical billing practices. That’s where the False Claims Act and Qui Tam protections come in.

But before filing a claim, healthcare workers should understand their rights and why legal counsel from Wenzel Fenton Cabassa P.A. is essential.

What is a Qui Tam Lawsuit?

“Qui tam” (pronounced “kwī tām”) is short for a Latin phrase meaning “he who sues on behalf of the king as well as for himself.” It’s a legal action brought under the False Claims Act, allowing private citizens to help the government recover funds lost to fraud. If the case is successful, the whistleblower, also known as the relator, may receive a portion of the recovered funds.

For healthcare workers, this often means reporting:

Billing for services not rendered

Upcoding (billing for more expensive services than were provided)

Kickbacks for patient referrals

Medicare or Medicaid fraud

Unnecessary procedures or tests billed to federal programs

Qui Tam lawsuits are powerful. But navigating them without experienced legal guidance can be risky, especially in the healthcare sector, where retaliation is common.

False Claims in Healthcare: What You Need to Know

The False Claims Act is the government's primary tool to combat fraud against public healthcare programs like Medicare and Medicaid. Violators are most often hospitals, clinics, or healthcare corporations that can be forced to repay three times the government’s losses plus hefty civil penalties for each false claim submitted.

Healthcare workers are often on the front lines of uncovering this misconduct. But bringing a claim forward involves strict procedures, legal timelines, and confidentiality rules. If done incorrectly, you could lose the chance to file or worse, expose yourself to unnecessary career risk.

Retaliation Protections for Healthcare Whistleblowers

Blowing the whistle on false claims can feel intimidating, especially in tight-knit healthcare environments. Fortunately, the False Claims Act includes strong anti-retaliation provisions.

Healthcare workers who report fraud in good faith are protected against:

Demotion or firing

Harassment or threats

Pay cuts or reduced hours

Blacklisting or damage to reputation

If retaliation occurs, Wenzel Fenton Cabassa P.A. can help you pursue compensation such as reinstatement, back pay, and damages. But it’s vital to consult with an attorney before reporting fraud to protect your rights from the start.

Why Healthcare Workers Should Consult an Attorney First

Qui Tam cases are complex, and healthcare workers face unique challenges. Reporting fraud incorrectly or too early can jeopardize your claim or expose you to legal or professional backlash.

That’s why it’s critical to contact a firm like Wenzel Fenton Cabassa, P.A. before taking any steps.

Here’s what we help you do:

Evaluate whether your case qualifies under the False Claims Act

Document evidence the right way

File your claim under seal to maintain privacy

Protect your job and reputation

We don’t just file paperwork; we serve as your advocate, ensuring your career, privacy, and future are protected throughout the entire process.

Qui Tam Lawsuits Have Deadlines

Qui Tam cases are governed by a statute of limitations. In most cases, you have six years from the date the fraud occurred. However, if the fraud was discovered later, you may have up to ten years.

These timelines can be complicated — especially when fraud is ongoing or hidden. Don’t wait and risk missing your opportunity. A delay could cost you both legal standing and financial recovery.

Privacy Matters in Healthcare Fraud Cases

If you work in healthcare and suspect false claims are being submitted, know this: your name and role in the case will be kept confidential at first.

Once your claim is filed with the help of a Qui Tam lawyer, it is sealed for at least 60 days -meaning your employer won’t be notified while the government investigates. This gives you critical time to prepare, plan, and legally protect yourself.

Choosing the Right Qui Tam Attorney

Healthcare whistleblowers need more than just legal knowledge. They need support, strategy, and advocacy.

At Wenzel Fenton Cabassa, P.A., we specialize in representing healthcare professionals across Florida. We’ve helped employees from hospitals, private practices, and government contractors recover millions — all while protecting their careers and reputations.

We offer:

Proven experience with False Claims Act litigation

Personalized legal strategy based on your role and risk

Relentless commitment to employee rights

Full protection from qui tam retaliation

Talk to an Attorney Before You Report Fraud

If you’re a healthcare worker who suspects fraud, do not act alone. Before you contact a hotline or report internally, schedule a confidential consultation with a qui tam attorney at Wenzel Fenton Cabassa, P.A.

We’ll help you determine if you have a case, what your legal options are, and how to move forward safely and strategically.

We’re Here to Help You Do the Right Thing — The Right Way

From Tampa to Miami, Orlando to Jacksonville, our team supports healthcare professionals across Florida who have the courage to stand up for truth and accountability. Contact Wenzel Fenton Cabassa P.A. today for a free and confidential case evaluation.

#### Race Discrimination Lawsuit: Do I Have A Case?
Race discrimination in the workplace is a serious issue that can impact not only an employee’s career but their mental health, overall well-being, and their finances. If you believe you’ve been subjected to unfair treatment based on your race, you might wonder whether you have a case for legal action. This blog explores what race discrimination entails, the legal protections available, and how you can pursue justice if you’ve experienced racial discrimination at work.
What is Race Discrimination?
Race discrimination in the workplace occurs when an individual is treated unfavorably due to their race, skin color discrimination, or other characteristics associated with race. This is unlawful regardless of whether you are an employee or a job applicant.
Race discrimination examples can include:

Hiring and Firing: Refusing to hire or deciding to terminate an employee due to their race.
Training and Promotions: Denying training, promotions, or career advancement opportunities to individuals who would otherwise be qualified.
Workplace Harassment: Racial slurs, insults, derogatory comments, threats, or “jokes” that create a hostile work environment.
Unequal Pay: Paying employees unequally for performing the same job with similar experience and qualifications.
Job Assignments: Assigning less favorable job duties or tasks.
Benefits: Denying fringe benefits that employees in the same/similar positions receive.

Racial Discrimination Laws

Several federal and state laws protect individuals from racial discrimination in the workplace. These laws are designed to ensure that all employees have equal opportunities and are treated fairly.

Title VII of the Civil Rights Act (“Title VII”): Prohibits employment discrimination based on race, color, religion, sex, or national origin.
Section 1981 of the Civil Rights Act (“Section 1981”): Prohibits race discrimination in contracts, including employment contracts.
Florida Civil Rights Act (“FCRA”): Mirrors Title VII and provides additional protections against race discrimination in Florida.
Local Ordinances: Many city and county governments have ordinances that provide additional protection against racial discrimination.

Who is Protected, and How?
Employees of all races and colors are protected under these laws. They also protect employees from retaliation if they file a complaint about race discrimination or participate in an investigation. If you assist a coworker with their racial claim and end up terminated in retaliation, you might have your own claim against the employer. This protects employees who follow the law and stand by equal protection for others—even when their employers do not.
Each racial discrimination law has specific requirements that determine who is covered and under what circumstances. Understanding these nuances can help you determine whether you are protected and how to proceed with your claim. For example, Title VII and the FCRA apply to employers with 15 or more employees. Section 1981 applies regardless of the employer’s size. Local ordinances can cover smaller employers who are not subject to similar federal or state laws. Consulting with an experienced employment attorney can provide clarity and guidance on your rights and options.
How to Prove Race Discrimination Against My Employer
Proving race discrimination requires evidence that demonstrates unfair treatment based on race. There are two main types of evidence used in race discrimination lawsuits: direct and indirect. Direct evidence is explicit and straightforward, though it is not common since most employers are aware of the legal repercussions of discriminatory acts. An example of direct evidence is a manager sending an email stating that they do not want people of a certain race being hired. While direct evidence can be powerful, it is rare, as employers typically avoid leaving a clear trail of discriminatory intent.
Indirect evidence, while less explicit, can be used to build a compelling case by demonstrating patterns or inconsistencies in treatment. Examples include:

Disparate Treatment: Showing that you were treated differently than similarly situated employees of different races. For example, if you were disciplined more harshly for the same behavior compared to coworkers of a different race.
Comparative Evidence: Providing evidence that you had more qualifications and experience than another candidate who received a job or promotion. This can suggest that race was a factor in the decision-making process.
Patterns of Discrimination: Highlighting a consistent pattern of discriminatory behavior by the employer. This could involve numerical data showing that employees of a certain race are consistently underrepresented in promotions or overrepresented in terminations.
Pretext: Demonstrating that the reasons an employer gives for an adverse employment action are inconsistent or false. For example, if the alleged reason for your termination is poor performance, but your performance reviews were consistently positive, this can indicate that the true motive may be discriminatory.

How to Strengthen Your Race Discrimination Case
To build a strong case, documentation is key. Keep detailed records of discriminatory incidents, including dates, times, locations, and any witnesses. Ensure you know relevant names and job titles. Your case is stronger when you can point to specific people and examples. Consider creating a detailed timeline of events. Your timeline should be a living document. Review it regularly and update it with any new incidents or evidence. This ensures that your timeline remains accurate and comprehensive.
You also want to save emails, texts, photographs, or any other communications that show discrimination, bias, adverse employment actions, and the like. Save performance reviews and copies of complaints to management or human resources. Employers often argue that terminated employees never reported any racial discrimination while employed. Therefore, the employer had no knowledge that any discrimination took place. It is easier to prove discrimination and retaliation if you have evidence that the employer received your complaint and soon after took some adverse employment action, such as terminating your employment.
It is also important to be careful when handling confidential information. Depending on the nature of the documentation, the employer might try to argue you violated some rule or law by downloading it to your personal device. Ensure you follow the applicable rules and laws while saving information that can assist your case.
Consult with an attorney early. When you work with an experienced employment attorney, you have a strong advocate who understands how to find the evidence needed to prove a convincing case against your employer.
Common Employer Defenses in a Race Case

When faced with a race discrimination lawsuit, employers often present various defenses to counter the allegations. Understanding these defenses is crucial for employees considering legal action, as it allows them to anticipate potential arguments and develop effective strategies to counter them. Here are some common defenses employers might use in race discrimination cases:
1. Legitimate, Non-Discriminatory Reason
One of the most frequent defenses employers use is that their decision was based on legitimate, non-discriminatory reasons. Employers must present evidence to show that their actions were unrelated to the employee’s race.
Example: Suppose an employee claims they were passed over for a promotion due to racial bias. The employer might argue that the chosen candidate had more experience and a stronger track record of performance, as evidenced by annual performance evaluations.
2. Business Necessity
Employers may also claim that certain practices, although they may appear discriminatory, are justified by business necessity. This defense is often used when an employment practice disproportionately affects a racial group but is deemed essential for the operation of the business.
Example: A company requiring employees to pass a physical fitness test might argue that the policy is a business necessity for safety in physically demanding roles. However, even if this defense is valid, the employee can counter by showing a less discriminatory alternative was available and ignored.
3. Performance-Based Actions
Employers often assert that any adverse employment actions, such as demotions or terminations, were due to the employee’s job performance rather than race. To support this defense, employers typically provide documentation like performance reviews and disciplinary records.
Example: An employee alleging racial discrimination after being terminated might face an employer who presents a series of performance evaluations and written warnings documenting consistent issues, thus asserting the decision was based on performance.
3. Statute of Limitations
Employers might argue that the lawsuit is invalid because it was not filed within the designated time frame. Generally, a discrimination claim must be filed with the Equal Employment Opportunity Commission (“EEOC”) within 180 days of the discriminatory act, although this can extend to 300 days in some cases. If you have passed the deadline for a particular law, check other similar laws to see if you still have time to file. For example, claims filed with the Florida Commission on Human Relations (“FCHR”) (which is similar to the EEOC) have a deadline of 365 days.
Example: If an employee files a discrimination lawsuit two years after the alleged incident, the employer could argue that the claim is invalid due to missing the EEOC filing deadline, leading to potential dismissal. However, if Section 1981 applies, there is a 4-year statute of limitations.
4. Failure to Mitigate Damages
In situations where employees seek financial compensation, employers might claim the employee failed to mitigate their damages. This means the employee did not take reasonable steps to reduce their financial losses, such as looking for other employment opportunities.
Example: An employee seeking back pay after being laid off might face an employer who demonstrates that the employee did not actively seek new employment, despite available job openings in their field.
5. Lack of Causation
Employers may also argue that there is no causal link between the alleged discriminatory action and their conduct. This defense involves showing that external factors or legitimate business decisions, rather than race, led to adverse employment action.
Example: During a company-wide restructuring, an employer might argue that layoffs were necessary due to economic challenges and that employees across various departments and races were affected equally.
The Takeaways
Race discrimination in the workplace is not only wrong—it is illegal. At Wenzel Fenton Cabassa, P.A., we understand what it takes to prove a case of discrimination and fight hard for our clients to get the best settlements possible. We are proven leaders in employment law and explore every avenue to ensure our clients are adequately compensated for their losses.
Contact us today to schedule a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

Related Posts

#### Racist Rants Cost NFL Player His Job
“Richie Incognito isn’t going to the Hall of Fame. He’s going to the Hall of Shame.”– Mike Ditka
The texts are too explicit to share. The tirade so malicious it’s an embarrassment to the NFL. And it’s just the first of what will probably prove to be many incidents of bullying in the Miami Dolphins organization.
This week, Richie Incognito, Pro Bowl Guard of the Miami Dolphins was indefinitely suspended for “conduct detrimental to the team”. It’s been revealed that he was sending threatening and racist texts to former teammate, Jonathan Martin. Due to the nature of his threats, Martin decided to leave the team. Not much was said at the time as to the true nature of his departure. But now it’s coming out.
And this isn’t his first time. Incognito has garnered a reputation in the NFL as one of the dirtiest players in the league. From eye gauging to illegal tackles, he’s practically assaulted players on the field to get results. Not to mention, the Dolphins have reprimanded him in the past regarding his behavior towards other employees.
From the looks of it, there is no future for Incognito with the Dolphins. Reports indicate he will be cut. And it doesn’t appear as though anyone wants to pick him up either. Employers really don’t want bullies on their team.
No Tolerance for Workplace Discrimination.
Workplace bullying and discrimination isn’t just limited to one office. It’s everywhere and shouldn’t be tolerated at any level. Even people as strong and physically imposing as pro football players can fall victim to it. Luckily, in this case the victim did something about it. He fought back – not with his fists, but with the law.
If you’ve fallen victim to workplace bullying and discrimination, stand up for yourself. Fight back. Contact Wenzel Fenton Cabassa, P.A today. We’re here to protect your rights in the workplace.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

Related Posts

#### Recent EEOC Cases Total $164K for Victims of Age and Wage Discrimination
EEOC Cases of Age and Wage Discrimination and Retaliation in January
January was a victorious month for the Equal Employment Opportunity Commision (EEOC). Between two age and wage discrimination cases, a total of $163,500 has been secured for victims to resolve these issues.
Is it illegal for an employer not to hire you because you do not fall within the “ideal age range”? The EEOC made it a point to reinforce the answer, “yes”. The Warsaw tool manufacturing company Seymour Midwest must now pay $100,000 and take any additional measures to offer relief from this age discrimination issue.
Latest EEOC Age Discrimination Case Resolved
Steve Maril was a potential job candidate selected to be screened via email interview for the Senior Vice President of Sales position at Seymour Midwest. The interview email for the job contained a question that asked if his age was within the company’s ideal age range of 45 to 52 years of age. After learning that he was older than the “ideal” age range, the company was no longer interested in hiring Maril.
Age-based discrimination against anyone older than 40 years of age is prohibited under the U.S. Age Discrimination in Employment Act. According to regional attorney Laurie A. Young of the EEOC’s Indianapolis District Office, “Seymour Midwest rejected an applicant older than its ‘ideal age range’ on the assumption he wouldn’t be working long enough. Making a decision based on an ageist stereotype is discrimination that will not be tolerated.”
Before a suit was filed by the EEOC, measures were taken to reach a resolution. The EEOC filed a suit against Seymour Midwest in the Northern District of Indiana alleging that the company was in violation of the Age Discrimination in Employment Act. In January, the case was resolved as Seymour Midwest was ordered to pay $100,000 and remedy the issue from the internal infrastructure of the company and hiring process by no longer collecting age-related information of job candidates and agreeing to periodic compliance reporting.
EEOC Wins Wage Discrimination and Retaliation Case
Another recent EEOC case was heard in January 2016 to resolve an alleged wage discrimination and retaliation by Gilber Foods LLC (Hearn-Kirkwood) a food manufacturer and Food Service Distributor. The company must now pay for a wage discrimination bias and resulting retaliation that cost a total of $63,500.
Sonia Coates was an order selector for Hearn-Kirkwood in Hanover, Maryland who claimed that she was being paid lower wages than her male counterparts despite the fact that she had more experience and performed equal work. Coates told coworkers that she planned to file a discrimination case after a new-hire male employee was hired at a significantly higher rate than she was being paid. After Coates’ manager learned of her plans to file a discrimination claim, he told her supervisor that the company planned to terminate her employment to avoid appearing unlawful due to the discrimination allegations.
Because of this retaliation and the disciplinary actions taken against Coates, the EEOC found Hearn-Kirkwood in violation of the Equal Pay Act of 1963 and Title VII of the Civil Rights Act. The EEOC filed a suit in the Northern District of Maryland. Gilber Foods LLC (Hearn-Kirkwood) was ordered to pay $63,500 in back pay, attorney fees, and compensatory damages to Coates to resolve sex-based wage discrimination and related retaliation actions. In addition, Hearn-Kirkwood must also provide more adequate training to the management and human resources departments for laws against wage discrimination and other forms of discrimination as well as report on the status of its compliance.
Are you or someone you know the victim of discrimination on the job?
You need an aggressive advocate for workplace justice. Let an experienced employment law attorney at Wenzel Fenton Cabassa, P.A., fight for a fair resolution. Contact us to learn more about your case.
SOURCES
EEOC Wins Big in Age Bias, Wage Discrimination Cases
Seymour Midwest WIll Pay $100,0000 for Age Discrimination
Hearn-Kirkwood Will Pay $63,500 for Age Discrimination and Retaliation




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Recognizing the Signs You Are Being Set Up to Fail at Work
If you are like most employed individuals in the United States, you go to work expecting that if you put in a good effort, your employer will support and continue to employ you. You may be caught completely off guard if you go to work one day only to hear that your boss is terminating your employment.
As unexpected as this sort of event might seem, your employer may have been planning to fire you for some time before actually terminating you. Sometimes, your employer may even purposefully set you up to fail at your job before firing you.
Preventing this from happening requires that you be aware of the dynamics of your employment relationship and be able to note any changes in it. Let’s take a closer look at what signs can indicate that your employer is setting you up to fail and what steps you can take to address this situation.
Key Signs You Are Being Set Up to Fail at Work

It’s not always obvious that you are the victim of workplace sabotage. Your manager or employer is not likely to come out and state directly that they want to sabotage your career or force you to quit. Instead, your employer will reveal their intentions through what they say and do.
But you may wonder how to tell if your boss is sabotaging you on purpose. While there could be a reasonable explanation for your employer’s actions, typical signs you are being set up to fail at work include:
Unachievable Deadlines and Targets
One obvious sign that you are being set up to fail is when your employer assigns you tasks with impossible deadlines. Sometimes, deadlines are short, and not much can be done.
However, if your employer consistently gives you unrealistic deadlines or sales targets to meet and has not provided you with the tools to meet those expectations, it could be a sign your employer is sabotaging you.
Withholding Necessary Resources
Perhaps your employer does not set unrealistic deadlines but instead fails to give you the equipment or training you need to do your job. Alternatively, your supervisor may delay providing you with the resources you need without a justifiable reason.
In either case, repeated instances of this conduct could be an indicator you are being set up to fail.
Exclusion From Meetings and Decision-Making Processes
Suppose that your job is one in which you are expected to participate in meetings with your coworkers or supervisors. Being suddenly excluded from these meetings can suggest that your employer no longer views you as part of the team, and they may already be planning for a future that does not involve you working for them.
Lack of Feedback or Constructive Criticism
An employer who critiques your work performance is invested in helping you become a more effective and productive employee. Withholding such feedback, by contrast, sends the message that your boss does not want you to improve.
A sudden cessation of meaningful feedback — especially when feedback is requested — could mean that your boss may be trying to sabotage you on the job.
Sudden Increase in Workload Without Justification
Your employer could give you more work because of a worker shortage or a large project that must be completed. Absent any such reasonable justification, your employer could be setting you up to fail by giving you more work than you can handle when no other employee is being similarly burdened or being given unrealistic deadlines.
Being Assigned Tasks Outside of Expertise Without Support
There is nothing intrinsically suspicious about an employer asking you to take on new duties and responsibilities beyond your present ones. However, being given such a challenge without being afforded the training, mentorship, or support you need to learn your new tasks can be a test your employer is giving that they don’t expect you to pass.
Negative Changes in Communication Patterns
Be alert to changes in the way your supervisor speaks with you. Sudden and unexplained changes in frequency or tone may all suggest that there has also been a change in the way your employer views your future with the company.
If your boss does not communicate with you regularly and in familiar patterns, he or she may be preparing to let you go.
Public Criticism or Humiliation
If your supervisor fails to follow the adage, “Praise in public, correct in private,” it could be another sign that your employer is no longer committed to your success. Publicly reprimanding you can be your supervisor’s way of alienating you and creating the perception of separation between you and the rest of the company.
Discrepancies in Performance Evaluation
Receiving positive or neutral job performance feedback in person and then receiving written performance reviews that suggest your work performance is deficient can also be a red flag. Your employer may be trying to build a case to support the decision to terminate your employment.
Overlooked for Promotions or Career Development Opportunities
Numerous factors go into why one person receives a promotion or career opportunity and another does not. However, if you are constantly being passed over for advancement opportunities, your employer may be signaling to you that they do not see you as a continuing member of the team.
Why Are You Being Set Up to Fail?

It is helpful to find out whether your employer is setting you up to fail at work and why. Under normal circumstances, sabotaging any employee is counterproductive to both the employee and the employer. An employer who engages in this type of behavior wants you gone and is willing to go to significant lengths to do so.
It’s important to keep in mind, though, that these behaviors are not always indicative of an employer who wants you to quit your job. Other circumstances may be prompting your employer to act in a seemingly hostile manner.
For example, the sudden resignation of multiple workers may leave your employer short-staffed, resulting in you being saddled with more responsibilities without being given adequate training.
But if there is no rational explanation for your boss’s behavior, then you may very well be experiencing signs your boss wants you to quit. There can be several reasons:

Your boss feels you are not a good fit for the company and its culture;
Your supervisor has heard negative information about you from other employees;
Your employer is dissatisfied with your work performance or attendance, or
Your supervisor does not want to accommodate certain aspects of your employment.

Workplace politics, managerial issues, and systemic problems within the company can all serve as key reasons why your employer may be attempting to sabotage you.
Responding to Your Boss Sabotaging You
Whenever you feel as though your boss is trying to make you quit by hindering your efforts, it is best to confront the situation head-on. If your employer is not aware of how their behaviors are impacting you, then your situation will not improve. Communication, documentation, and allies can all be of benefit to you in this scenario.
If you have enjoyed a good working relationship with your supervisors up until now, proceed with an attitude that gives your employer the benefit of the doubt. Ask to speak with your employer in a private setting and at a time when they are not pressured by other circumstances.
Explain to your employer how their actions are impacting you and making it difficult for you to perform your job. If you wish to continue working for your employer, communicate your appreciation for your position and any support your employer previously provided. Provide specific examples of the behaviors or changes that you have noticed and describe how those specific actions have impacted your productivity.
Listen to your employer’s responses. If they try to deny or minimize your feelings and perceptions, that is a good indicator that your employer wants you to quit. If they take your concerns to heart, your employer may have been unaware of their actions and be willing to change.
In either case, create a timeline of the behaviors you have noticed when you sit down and meet with your employer. Follow this up with an email that summarizes the key points of your conversation, including any promises either you or your employer made. Additionally, seeking allies within your organization who can vouch for you can also be beneficial.
Legal Protections and Seeking Counsel

Florida is an at-will employment state, which means that both you and your employer can sever the employment relationship at any time, with or without cause. However, this does not necessarily mean your employer can sabotage your work without repercussions. You may have legal rights against your employer for such behavior.
For example, if your employer is creating a toxic and hostile work environment, this could be something that you can sue your employer over. Your employer’s attempts to ostracize you and sabotage you can cause your peers and supervisors to harass you. If this is the case, the law may afford you protection.
Similarly, you have legal rights if your employer is trying to force you to quit because they do not want to accommodate a disability you have or approve leave under the Family Medical Leave Act. You also have rights if you belong to a protected class of individuals.
Finally, it would be illegal for your employer to treat you in this manner in retaliation for exercising any employment-related right or because you are a whistleblower.
Successful suits against your employer can result in injunctions, civil penalties, and compensation for back pay and other economic harm you suffered.
A lawyer can help you protect these rights. At Wenzel Fenton Cabassa, P.A., our employment law attorneys have helped thousands of employees fight against workplace sabotage, discrimination, and other employment issues.
Moving Forward: Contact an Attorney
Feeling lost or unsure of what to do when your employer is trying to get you to quit is normal. That is why it is vital to speak to an experienced employment law firm in Florida like Wenzel Fenton Cabassa, P.A., as soon as you notice your employer’s changed behaviors.
Our seasoned team of hostile work environment attorneys can help you evaluate what is motivating your employer’s behavior and create a plan for investigating the matter further. If necessary, we can also help you take legal action against an employer and can work quickly to preserve evidence and support you through all stages of your claim.
Contact us for a free case evaluation and learn how we can safeguard your rights today.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Recovering from Wrongful Termination
What to Do If You’ve Lost Your Job
With the uncertainty of the job market and mounting financial responsibilities, we often concern ourselves with the thought of what would occur if we lost our job.
We go to work every day. Work hard. Put in the time needed to ensure we have a successful future. To ensure job security.
However, there are times when hard work and dedication are not enough. When despite your best efforts, you lose your job for reasons beyond your control.
If that happens, you must ask yourself, “Were you a victim of wrongful termination?”.
Were You A Victim Of Wrongful Termination?
If you believe you were wrongfully terminated, you must consider what was going on at the time of your termination.

Was the company going through major changes?
Were issues outside of work affecting your performance?
Did supervision change and the new supervisor didn’t seem to take to you?
Was there anything said at the time that, upon reflection, may have given you a clue?

Often employees will not see things as they are occurring as having been caused by some form of discrimination.
Reasons you may have faced wrongful termination and are:

Whistleblowing
Unpaid Overtime and Wages
Sexual Harassment
Race Discrimination
Age Discrimination
Pregnancy Discrimination

And, although losing your job can be stressful and, at times, traumatic, it is important to understand that all is not lost.
You can still have a successful career and future.
Recovering From Wrongful Termination
There is an old saying that when life hands you lemons, you should get into the lemonade business.
While the trauma of losing your job doesn’t lend itself to pat expressions, losing a job might be a time for you to make an assessment of what career path you want to take.
Here are some practical suggestions.
Finding Success after Losing Your Job
There is an opportunity out there waiting for you. It may be difficult to spot while you’re still reeling from bad news, but it is out there.
Trust me.
It may be that you are going to find something you like better and even in a different line of work.
We’ve had many clients change careers because they felt they did not end up in the job they wanted.
They yearned for something new – something exciting.
Continuing your education to assist you in your career change may also be something to consider. Many colleges and universities offer night courses to make attaining an education more accessible.
There are programs out there to help people just like you.
The right fit is out there waiting for you.
Get Organized
One of the first things to do is to emotionally get back on your feet. It’s okay to hurt, but it’s more important to heal.
Organize the things that relate to your past employment.

Pay stubs
Disciplinary paperwork
Last W2’s
Evaluations

Put all of this information in a secure location that is readily available, as you will need to access it in the event of applying for unemployment compensation or seeking legal counsel.
Unemployment Compensation Can Help
Apply for unemployment compensation. That’s what it’s there for.
Don’t be too proud to get the process going and ask for help.
You can apply online at the FloridaJobs.org. Their website offers helpful tools to conduct job searches and obtain employment.
If you believe that your termination was due to discrimination in the workplace, be sure to have the events properly documented and seek legal counsel.
If someone ran into your car, you would talk to a lawyer in nearly all instances. If someone runs into your job, it may be time to talk to a lawyer about that as well.
CONTACT US IF YOU HAVE EXPERIENCED WRONGFUL TERMINATION
Because we are a contingency law firm, we do not offer representation for unemployment claims – nonetheless, the information we have provided, including our free ebook on wrongful termination, should assist you in filing.  However, if your unemployment situation is a result of wrongful termination, unemployment compensation may not be your only recourse. Contact our law firm to discuss your employment law situation.
 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Religious Accommodations in the Workplace
Employees have a right to religious accommodations in the workplace under federal law.
Understanding your religious rights at work is key to knowing whether you may be facing religious discrimination. It is not uncommon for employers to refuse religious accommodations in the workplace. If this has happened to you, or if you have been disparately treated because of your religion, you may have a case against your employer.
What Is A Religious Accommodation in the Workplace?
According to the Department of Labor, religious accommodation in the workplace is any adjustment to the work environment that will allow an employee or applicant to practice his or her religion. The need for an employee for religious accommodation may arise when their beliefs, practices, or observances conflict with a specific duty (or duties) or a requirement of the position. There are religious protections for employees during the application/hiring process as well.
Religious accommodations in the workplace often relate to:

Work schedules
Grooming
Dress
Religious Expression

Under the law, if the accommodation does not pose an “undue hardship” to the employer, the request for the accommodation should be granted. A religious accommodation could be considered an undue hardship if it infringes upon the rights of other employees, compromises workplace safety, decreases efficiency in the workplace, or is too costly. If the employer refuses a religious accommodation citing undue hardship due to cost, they will have to effectively show that granting the request would be greater than a de minimus (minimal impact) on the company.
For example, if an individual needs a work schedule accommodation to observe a religious holiday or attend religious services, which does not pose an undue hardship to the company, then the request should be granted. If you are refused or punished in another way – such as being terminated or having your hours cut at work, this could amount to religious discrimination.
Are Employers In Florida Required To Accommodate Religious Beliefs?
Most employers in Florida are required to provide religious accommodations in the workplace, which includes industries across the private and public sectors. If you work in a very small company, your employer is typically not required to comply. The standard under the Florida Civil Rights Act is “15 or more employees for each working day in each of 20 or more calendar weeks in the preceding calendar year.” Local ordinances may extend protection to employees of smaller companies.
What Laws Protect Employees From Religious Discrimination In The Workplace?
The Florida Civil Rights Act and Title VII of the Civil Rights of 1964 protect employees from religious discrimination in the workplace due to their “religious beliefs,” which includes all aspects of employment and the hiring process. Religious beliefs, as defined by the Equal Employment Opportunity Commission (EEOC), include “theistic beliefs (i.e., those that include a belief in God) as well as non-theistic moral or ethical beliefs about right and wrong that are sincerely held with the strength of traditional religious views.” Title VII also includes protections for an employee against discrimination if they are married to a person of a certain religion or because of their connection to a particular religious group.
Title VII of the Civil Rights Act has a broad definition of “religion,” including traditional, organized religions such as Christianity, Judaism, Islam, Hinduism, and Buddhism. It also includes religious beliefs that are uncommon, new, not part of a formal sect or church, or only held by a small number of people.
Some examples of religious discrimination or harassment in the workplace may include:

Refusing to grant a religious accommodation that does not impose an undue hardship on the company
Frequent or severe offensive comments or bullying behavior that constitutes a hostile work environment for the employee
Firing an employee due to their religious beliefs
Reducing hours or demoting an employee due to their religious beliefs
Imposing additional duties that are not (or have not been) part of their job due to religious beliefs or religious accommodations, such as heavy lifting

Harassment due to an individual’s religion may come from a direct supervisor, a supervisor in another department, a co-worker, and those not considered employees, such as a contractor or client.
What To Do If Facing Religious Discrimination In The Workplace
Religious discrimination in the workplace is not only wrong – it is illegal. Your religious rights at work should be upheld, and you have the legal right to hold your employer accountable if you believe you have been discriminated against at work.
Our employee rights attorneys at Wenzel Fenton Cabassa, P.A. are experienced experts in discrimination cases. We fight aggressively for the religious rights of Florida employees and are here to help. We understand what it takes to hold employers accountable for violations of Title VII of the Civil Rights Act, the ADA, and the Florida Civil Rights Act.
You may be entitled to significant funds in damages due to religious discrimination. We will thoroughly examine the details of your situation and advise you of your best legal options moving forward.
If you have been refused religious accommodations in the workplace, have been fired or harassed due to your religion, or other types of discrimination, contact us to set up a free, confidential case evaluation.
We have offices in Tampa, Orlando, Miami, Sarasota, Jacksonville, St. Petersburg, and West Palm Beach.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Religious Freedom or Discrimination: Can My Employer Decide What Benefits I Can Get?
The recent landmark Supreme Court case Burwell v. Hobby Lobby has led many to question what benefits businesses can deny their employees based on religious beliefs.
Some critics argue that the ruling, which favored the corporation’s right to deny female contraceptives through its insurance policy based on religious freedom, actually discriminates against the values of its opposing employees. Furthermore, the case brings up important questions of gender discrimination, since the company’s insurance did provide vasectomies to its male employees.
Supporters of Hobby Lobby, a for-profit corporation, might explain that dissatisfied workers could simply seek employment elsewhere. However, with an economy on the mend and the potential for similar action by other companies, worker freedoms are further complicated. Many worry that workers’ rights are now more complex than ever before.
What Must Employers Cover Under the Affordable Care Act (ACA)?
The ACA requires that businesses employing 50 or more workers must subsidize “minimal essential health coverage” insurance plans or pay a fine. Under the ACA, employee insurance plans should include contraception coverage for women.
However, that ACA mandate became complicated in early 2014 when the Supreme Court temporarily ruled that non-secular organizations were exempt from providing contraception coverage based on their right to religious freedom.
The recent Hobby Lobby decision further clouds the ACA’s ability to enforce the contraception coverage since the Supreme Court ruled that “closely held” companies, like Hobby Lobby, can deny birth control coverage on religious grounds, as well.
Can My Employer Decide What Benefits I Can Get?
The short answer: yes, your employer can decide what benefits you receive if you work for a closely held company with discriminating religious values. Regardless, the 50-plus-employee companies must still subsidize “minimal essential health coverage” or pay a fine; however, the religious platform of the closely held organization allows the corporation to dictate what types of birth control coverage the company provides.
What is a “Closely Held” Corporation, Anyway?
If your company has a limited number of shareholders, then it is likely considered “closely held.” Family-owned businesses, such as Hobby Lobby, are largely representative of these types of corporations.
Where’s the Line When it Comes to Workplace Discrimination and Benefits?
One thing’s for certain: there are still strict laws against workplace discrimination. While the lines regarding birth control benefits are blurry, an employer’s right to deny contraceptives based on religious freedom doesn’t excuse outright workplace discrimination – even when it comes to employee benefit plans such as health insurance.
If you believe your employer withheld certain benefits based on your race, color, religion, sex, national origin, age, handicap, or marital status, you may have a case for workplace discrimination under federal and state law.
The attorneys at Wenzel Fenton Cabassa, P.A. have extensive employment law experience.
 
Resources:

SUPREME COURT.GOV
SBA.GOV
NCSL.ORG
LEG.STATE

*photo courtesy of freethink.uk.com

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Retaliation in the Workplace: An Employee's Guide to Understanding Their Rights in Florida
Retaliation in the workplace can occur at multiple levels and in any industry. From entry-level to supervisory and management positions, employees in technology, healthcare, finance, and many more fields are susceptible to employer retaliation.
Retaliation at work can have many consequences. It can interfere with your career trajectory, cause serious financial strain, and inflict unnecessary stress and emotional difficulty. Employees and their families can pay a high price when an employer retaliates against them and breaks the law.
What Is Considered Retaliation in the Workplace?
Retaliation is an unlawful action taken against an employee for acting within his or her rights, which can manifest in multiple forms. Generally speaking, it is a negative job action where the employer is attempting to punish an employee, which can include:

a demotion,
firing,
engaging in abusive verbal or physical behavior that is reasonably likely to deter protected activity,
a reduction in pay, or
other actions

A negative job action that is “materially adverse” would be considered retaliation. What this means is that it “might deter a reasonable person from engaging in protected activity.”
The EEOC considers these rights as “protected activity” under the law:

Filing or being a witness in an EEOC charge, complaint, investigation, or lawsuit
Resisting sexual advances or intervening to protect others
Requesting accommodation of a disability or for a religious practice
Refusing to follow orders that would result in discrimination
Answering questions during an employer investigation of alleged harassment
Communicating with a supervisor or manager about employment discrimination, including harassment
Asking managers or co-workers about salary information to uncover potentially discriminatory wages

If you are dealing with retaliation in the workplace due to engaging in one of these “protected activities,” contact a workplace retaliation lawyer to discuss your case.
Retaliation can be overt, but it is often subtle. Laws protecting employees from retaliation at work have a broad scope. Other types of employer retaliation may include threatening or executing a job shift reassignment or an assignment of an unreasonable workload, as well as a demand to be available 24/7 for meetings or similar demands outside of the typical scope of your job/job description.
Employee Rights When Facing Retaliation
The Equal Employment Opportunity Commission (EEOC) is the federal agency that administers laws that protect employees from retaliation in the workplace. Several laws are utilized to hold employers accountable for illegal negative job actions against their employees. These include:

Title VII of the Civil Rights Act of 1964 (Title VII)
Age Discrimination in Employment Act (ADEA)
Title V of the Americans with Disabilities Act (ADA)
Section 501 of the Rehabilitation Act (Rehabilitation Act)
Equal Pay Act (EPA)
Title II of the Genetic Information Nondiscrimination Act (GINA)

Depending on the situation, an attorney can base a case upon violating one or more of these laws. These laws were constructed to place comprehensive protections for the legal actions of employees against employers who retaliate against their workers in their self-interest. Employers can face harsh penalties for violating these laws, including paying large fines, as well as significant damages to resolve a case of employer retaliation.
Take Action to Prove Workplace Retaliation
It is important to take action if you believe you have been subject to retaliation in the workplace. Similar to other areas of employment law, there are statutes of limitations to file a case against your employer. Contact an attorney as soon as possible.
Sometimes, the verbal or written statements from the employer, on their own, may betray or acknowledge its intention to deter an applicant or employee from engaging in protected activity. Evidence that is utilized to prove retaliation in the workplace varies. Often, these can be combined to make the case as strong as possible.
Any relevant documentation that you may have (or be able to obtain) may be important evidence. Some types of documentation that can prove useful include emails with threatening or abusive language, voicemails with threatening or abusive languages, relevant texts to your situation, human resource materials such as employee reviews, memos, or emails notifying you of shift changes or job reassignments, or other similar materials.
Do you believe you could be part of a class-action lawsuit? If a group of people was targeted, such as being laid off after asking about salary information to uncover potentially discriminatory wages, this collective harm could amount to significant damages if proven to be workplace retaliation.
Here are examples of evidence that may support a claim of retaliation from the EEOC:

Suspiciously close timing between the EEOC activity and the materially adverse action
Verbal or written statements demonstrating a retaliatory motive
Demonstrated falsity of the employer’s proffered reason for the adverse action
Comparative evidence – such as getting disciplined for an infraction that regularly goes undisciplined in that workplace

Your attorney will lead the process and act as your advocate each step of the way.
Potential Remedies to Retaliation in the Workplace
If retaliation is found, there are a range of remedies that can occur. This type of relief can include:

Preliminary relief – temporary or preliminary relief while the EEOC is completing its processing of a retaliation charge
Compensatory and punitive damages – money damages are paid to compensate the victim and to punish the employer for retaliation (private employers only)
Other relief – equitable relief such as back pay, front pay, or reinstatement into a job. Changes in company policies, procedures, training, or other measures to promote future compliance with the law

Contact Wenzel Fenton Cabassa, P.A. Today
Retaliation in the workplace can cause significant hardship to employees and their families. Know that employees have comprehensive protections under the law to hold employers accountable for illegal actions.
Contact Wenzel Fenton Cabassa, P.A. today for a free, confidential case evaluation. When employees want workplace justice, they call us. We’re the employee’s law firm— a tireless legal team fighting for your rights.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Retaliation in the Workplace: What You Need to Know
Most people understand that employment retaliation is against the law but which laws protect employees and how? What acts are employees protected from? The answers to these questions may surprise you.
What Laws Are in Place to Cover Retaliatory Behavior?
There are three types of retaliation law–whistleblowing, workers’ compensation retaliation, and workplace retaliation.

Whistleblowing

Whistleblowing is covered by the Whistleblower Protection Act of 1989 and was designed to ensure employees would not be adversely affected for looking out for public interest. The Whistleblower Protection Act is a federal law that makes it illegal for federal agencies to threaten to, or take, retaliatory action against an employee or applicant who filed a complaint. The complaint may have been based on a reported law, rule or regulation violation; mismanagement or waste of funds; abuse of authority; or danger to public health or safety.
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Workers’ Compensation Retaliation

Some employees ignore injuries on the job because they worry that if they file for workers’ compensation that their employer will fire them. Often this is a concern when a safety record is at stake or when the employer has had many safety violations. Regardless of the reason, firing or demoting someone for reporting an injury on the job is illegal. According to Florida Labor Code 440.205:
No employer shall discharge, threaten to discharge, intimidate or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the workers’ compensation law.
Employers cannot terminate, demote or cut the wages of an injured worker for reason of the injury.
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Workplace Retaliation

Workplace retaliation covers employees who have participated in a protected activity (such as a harassment complaint, safety concern, or workplace discrimination). The protected activity could involve the employee directly, another employee, or being a witness in a workplace suit. The employer must know the employee participated in a protected activity. The employer must have performed a negative employment activity (such as firing or demoting) with no cause other than retaliation.
The laws that govern this form of retaliation are based on the specifics of the allegation. They include:

Title VII of the Civil Rights Act of 1964
The Pregnancy Discrimination Act
Equal Pay Act of 1963
Age Discrimination in Employment Act of 1967
Title I of the Americans with Disabilities Act of 1990
Sections 102 and 103 of the Civil Rights Act of 1991
Sections 501 and 505 of the Rehabilitations Act of 1973
Genetic Information Nondiscrimination Act of 2008

What Are The Timeframes Involved?
Retaliation claims have expiration dates. There are limits on reporting timeframes. Ten years from now you will not have the luxury of deciding you were retaliated against in the workplace today. If you believe there’s an issue, you should be seeking assistance immediately.
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If you have taken part in any of the protected activities or were injured on the job and filed for workers’ compensation and now you’re experiencing adverse employment consequences, talk to an employment retaliation attorney.
Learn how to protect yourself from workplace retaliation. Download our eBook.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Returning to Work: Dealing with Discrimination After Maternity Leave
The birth of a baby is a celebratory occasion. But unfortunately, when it is time for mothers to return to work, discrimination after maternity leave is a harsh reality for many Florida workers.
Maternity leave discrimination negatively affects the lives and careers of mothers throughout Florida — and it is against the law. If you have returned to work after taking time off to have a baby and believe you have been discriminated against, you may have a case against your employer.
What is Maternity Discrimination?
Maternity discrimination occurs when an employer has unfavorably treated you because you have recently given birth or are breastfeeding. If you were fired after returning to work, this could also be considered discrimination after maternity leave.
If your employer retaliated against you after complaining about a situation or incident that you believed amounted to pregnancy discrimination, this could also be grounds for a case due to employment law violations.
Who is protected?
Employees in the private and public sectors are protected against maternity leave discrimination in the workplace. These protections for employees cover workers across industries, from information technology to hospitality and retail to healthcare. Employees in city, county, state and federal governments are protected by state and federal law and local ordinances.
Examples of Maternity Leave Discrimination
Employers may take a wide variety of actions that could be considered discrimination after maternity leave. Some are more subtle, and others can be very direct. Each situation will vary, and one or more could apply to you.
Here are examples of maternity leave discrimination:

Fired from your job after taking maternity leave
Not being allowed to return to the same job when you return to work
Having responsibilities taken away from you that you had before maternity leave
Denied a promotion after taking maternity leave
Denied training other employees at your level received that were key to a promotion or raise in salary/wages
Assigned duties not previously part of your job as punishment, such as heavy lifting
Not being allowed sufficient breaks to pump breast milk if you are breastfeeding
Cutting your hours after returning to work after taking maternity leave

These examples represent a significant portion of maternity leave discrimination but are not necessarily comprehensive. Other types of mistreatments or retaliation may occur that could amount to discrimination after maternity leave.
Because acts of discrimination can have serious consequences to a mother’s career, family, and financial security, it is recommended to consult with an employee rights attorney. They are experts in employment law and can examine the details of your situation to determine if you have a legal pathway to hold your employer accountable for violations of the law.
Federal and State Laws Protecting Your Rights
Multiple laws protect your rights in the workplace after taking maternity leave, which includes both federal and state laws.
The Pregnancy Discrimination Act (PDA) of 1978 prohibits sex discrimination based on pregnancy. It was enacted under Title VII of the Civil Rights Act of 1964 and is backed by the federal government’s authority. The PDA covers all aspects of employment, including promotions, time off, benefits, etc. Pregnant women and those coming back to work after taking maternity leave have the right to equal treatment. It is mandated under the law.
The Americans with Disabilities Act (ADA) of 1990 is another federal law that can protect employees against maternity discrimination. If you become disabled while pregnant, you may be covered under the ADA, which includes medical conditions such as gestational diabetes, anemia, and depression. You may be covered when you come back to work after the baby is born and be eligible for accommodations in the workplace or potentially working at home or other related protections.
The Family and Medical Leave Act (FMLA) of 1993 gives eligible workers up to 12 weeks off work each year for maternity leave, childbirth, and recovery from childbirth. Typically, you need to be employed at your company for at least 12 months and have worked at least 1,250 hours to qualify for benefits under the FMLA. If your employer forced you to come back before those 12 weeks were completed or punished you after taking that time off under FMLA, you might have a case.
Employees also are protected under state law. The purpose of the Florida Civil Rights Act (FCRA) of 1992 is to “secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.”
With the variety of legal protections available to Florida mothers facing discrimination after maternity leave, it is advised to consult with an attorney experienced in workplace discrimination cases to determine the best legal strategy for your situation to obtain the best possible outcome.
What To Do If Facing Discrimination After Maternity Leave
If you are facing discrimination after maternity leave, know that you do not have to face it alone. An employment law attorney acts as your legal advocate when your employer breaks the law. Female workers have the right to have a family and a career and should never be mistreated, punished, or retaliated against for taking maternity leave.
Wenzel Fenton Cabassa, P.A. fights hard for the rights of mothers across Florida. We understand the complexities of employment law and the legal processes necessary to make a claim against employers — and hold them accountable for their actions. We are here for you every step of the way as we work diligently to get a successful resolution to your case, which could include significant compensation.
Contact us today for a free, confidential case evaluation. We help employees get the justice they deserve and tackle discrimination after maternity leave aggressively with you and your family in mind.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Seeking Justice in the Workplace: UPS Sued for Alleged Discrimination
Discrimination in the workplace occurs across industries of all sizes — from small businesses to large corporations. It’s not only wrong, but it’s also against the law. Employee rights lawyers seek justice for employees every day. A recent UPS lawsuit is a primary example of how workers can fight against discrimination in the workplace and hold employers accountable for unlawful behavior.
About the Current UPS Lawsuit
On August 17, 2018, Melisa Hoshaur, a former employee of United Parcel Service Inc. filed a complaint in the U.S. District Court for the Middle District of Pennsylvania. In the complaint, Hoshauer cited a hostile work environment, gender discrimination, and retaliation — saying that the company breached its duty of good faith and fair dealings.
In the UPS lawsuit, the plaintiff cites numerous instances of behavior that led to the filing including:

Being reluctantly trained as a feeder driver (based on her gender)
Suffered damages including emotional distress, embarrassment, humiliation, loss of self-esteem
Subjected to a hostile work environment and discrimination (based on her gender)
Retaliation — being fired for opposing the discrimination
The subsequent loss of employment and wages

Hoshaur and her employment law attorneys have requested a trial by jury in the UPS lawsuit (Case number 18-cv-01639). In this particular case, the plaintiff and her lawyers are filing under state law — Pennsylvania Human Relations Act (PHRA). Workplace discrimination is also unlawful under Title VII of the Civil Rights Act of 1964 that makes it illegal to not hire or to terminate anyone or to otherwise discriminate against someone regarding pay, job requirements, or any workplace perks or benefits, based on the individual’s sex.
The plaintiff is seeking a judgment against UPS for:

Compensatory and punitive damages
Award of front pay and other benefits (and Interest)
Costs of the suit including attorney and expert witness fees
Other damages as deemed suitable in seeking justice for the case

Florida Employee Rights Lawyers Seek Justice Against Discrimination in the Workplace
Unfortunately, discrimination happens in the workplace across the United States, including Florida. Employers have legal teams and employees should have an experienced lawyer on their side to seek justice and stop the illegal behavior — and hold them accountable.
The attorneys of Wenzel, Fenton, and Cabassa P.A. fight for the rights of employees across Florida using state or federal law. Florida has a similar law that Pennsylvania does — the Florida Civil Rights Act. If you have been discriminated against at work due to gender, race, age, or other factors covered under federal or state law, it is important to consult with an employee rights attorney to determine the appropriate legal course of action for the best outcome.
Workplace discrimination, like the above example in the UPS lawsuit, is wrong and illegal. It can have devastating effects on workers, their careers, and their personal and family life.
If you have been the subject of a hostile work environment, gender discrimination, and retaliation, contact us today to set up a free, confidential case evaluation. We’re the employee’s law firm— a tireless legal team fighting for your rights.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Seven things you cannot be fired for at work
What circumstances prohibit your boss from firing you?
Losing your job can be a nightmare. What happens when your employer has wrongly retaliated against you or fired you for unlawful reasons? It’s important to get the facts about employee rights and take a closer look at the evidence that led to your dismissal.
 
What are some things you cannot be fired for at work?
 
1. You cannot be discriminated against because you are a member of a protected class. Federal law considers race, color, religion, national origin, age (40+), sex, pregnancy and disability to be protected classes when it comes to workplace discrimination. That means, for example, you cannot be fired because you are African-American, a woman, a Muslim, pregnant or disabled.
 
2. You cannot be fired for objecting to discrimination against yourself or others.
 
3. You cannot be fired because you file or attempt to file or have a claim under the workers’ compensation act for an on-the-job injury. Some employers fire an employee because they have—or are about to—file a workers’ compensation claim. That is illegal retaliation.
 
4. Some employees stand up against illegal practices committed by their employer. Under the Florida Private Whistleblower’s Act (FPWA), an employee working for a private company cannot be fired for objecting to such illegal activity, or threatening to report it.
 
5. You cannot be fired because you took authorized medical leave. Under the Family and Medical Leave Act (FMLA), qualified employees cannot be fired for taking up to 12 weeks off work to take care of a serious medical condition or other family and medical leave reasons, such as the birth of a child or to care for a spouse, child, or parent who has a serious health condition.
 
6. An employer cannot fire you because you are working collectively to improve your rights. This includes working with your co-workers to improve conditions or forming a union.
 
7. You cannot be fired for complaining about not getting overtime, for which you are qualified. Under the Fair Labor Standards Act, qualified employees must be paid overtime. If you and your employer fit those definitions and you are not getting paid overtime, when you object to that, your employer cannot retaliate against you.
 
This list is not exhaustive, and you may have other employee rights under the law. If you feel like your employer has illegally fired you, don’t wait to seek the advice of a qualified attorney. Some remedies must be sought within a specific time period, and you don’t want to wait until it is too late.
 
Get to the bottom of your case while the statute of limitations permits.
 
In need of an attorney to handle your employee rights case? The employment law experts at Wenzel Fenton Cabassa, P.A., are advocates for justice in the workplace. Give us a call today.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Severance Pay Calculator: How to Calculate Severance Pay in Florida After Losing Your Job
Severance pay is often offered to employees across the state of Florida when they are forced to leave a job. Many employees are unclear how to calculate severance pay, though, so it is hard to know if what the employer is offering is fair and appropriate. Even though there is no Florida law requiring severance pay, if you are being terminated from your job due to furlough, permanent reduction in force, or voluntary layoff, as an employee, you have a right to ask for severance pay. It is important to have a general understanding of how to calculate severance pay because having to leave a job makes a significant impact on you and your family’s lives. Before determining what you may receive as severance pay, defining what it actually is will help in understanding the calculations.
What is Severance Pay?
Severance pay is pay and benefits an employee receives when they are forced to leave a job. It can be paid either as a lump sum to the employee or through installment payments. Note: unemployment benefits and severance pay in Florida are not the same. Unemployment benefits can be affected by a severance package you receive from your employer, but if the severance pay is given in a lump sum (all at once), it does not affect the end date when it comes to the time frame for qualification for unemployment insurance. Although there are no severance pay laws in Florida, most employees will be able to apply for unemployment insurance if they are forced to leave their job, unrelated to their performance.

 
Severance Pay Calculator
When you are determining how to calculate severance pay in Florida, there are three areas related to your job that need to be taken into consideration.
1. Payment based on years of service
As a general rule, companies across various industries will calculate severance pay based on years of service as part of an employment separation agreement in Florida. The longer you are with the company prior to dismissal, the longer your weeks of severance pay may be. While there is no standard range, and the range fluctuates greatly from industry to industry, severance is often tied to the length of service. For example, many companies will not consider severance for employees who have not established a long-term history with the company. Typical ranges may be as follows: 

Less than 1 year = between 2 to 4 weeks of pay
Less than 2 years = between 3 to 8 weeks of pay
Less than 3 years = between 4 to 12 weeks of pay
Less than 4 years = between 5 to 16 weeks of pay
Less than 5 years = between 6 to 20 weeks of pay
Less than 6 years = between 7 to 24 weeks of pay
More than 6 years = between 8 to 28 weeks of pay

Companies that tend to be more “employee-centric” will typically be at the higher end of the scale when it comes to attaching pay to years of service. That being said, it is important to consult with a Florida employment law attorney when negotiating any type of severance package. You may be able to receive more than you think you are entitled to due to the length of employment.
2. Vacation time
Vacation time is another factor that is included in the calculations for the amount of severance pay an employer gives to an employee. If you work for an organization that does provide for paid vacation time, you should ask for any unused vacation time that you have accrued prior to your final day at work. Some companies will have certain policies, though, when it comes to attaching limits to the number of accrued hours it will pay. For example, it is not uncommon for those in the healthcare industry to accrue a lot of vacation time. A thorough review of employer policies or any previous employment contracts you may have signed should be performed to be clear about what you may be entitled to in terms of accrued benefits. As a general rule, most employers do not pay for unused vacation pay when the separation is voluntary. This may not be the case if you are involuntarily separated. Vacation time, as a standard, is paid out at regular pay. So, for example, if you make $20 per hour and have 50 hours of vacation time saved up, you should receive $1000 for those hours.
3. Commissions
Certain types of employees may be entitled to payment for commissions as part of a Florida severance and release. This is common for employees that specialize in Sales. Commission payouts can be complicated, but if a compensation package is commissioned-based, the standard on how to calculate severance pay is to get an average pay rate for the year and use the chart mentioned in the payment based on years of service to calculate the amount owed to the employee. As mentioned above, consulting with a Florida employment law attorney in regard to severance pay is advised. Negotiations can be very difficult, and often the first offer an employee gets is not necessarily the best one. An employer is looking out for their best interests — and you have the right to look for yours.
Contact a Florida Employment Law Attorney for Help
Having to leave a job makes a huge impact on your financial life, your family life, and your future career. During this difficult time, an employee has the right to be as well-positioned as possible for the future. At Wenzel Fenton Cabassa, P.A., we have experienced Florida employment law attorneys who help employees receive the compensation they deserve when it comes to severance pay. We work with powerful employers every day — fighting hard for the rights of employees just like you across the state of Florida.
Contact us today if you have been notified that you are being terminated due to a layoff, reduction in force, or other types of situations where you may be eligible for severance pay.
When it comes to an employment separation agreement in Florida, you have to make sure you are signing an agreement that is in your best interests, not your employer’s. This includes any stipulations such as a non-compete clause, a confidentiality clause, a non-disparagement provision, or a release of claims against your employer. Contact us for a free, confidential case evaluation today. We are the employee’s law firm and have helped thousands of employees across Florida get the justice and compensation they deserve.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Sex Discrimination: Gender Identity and Transgender Status are now Protected
Know Your Rights
Employers cannot discriminate in employment based on race, religion, national origin, disability, status as a protected veteran or sex. However, up until recently transgender employees, or job candidates, were not specifically protected.
In early 2014, President Obama signed Executive Order 13672 (EO) adding sexual orientation AND gender identity as independent, protected categories. This EO calls for employers to create a culture of inclusion, and eliminate workplace discrimination on all levels. EO 13672 opens the doors for those struggling with gender identity, and individuals who are transgendered, to be treated with the same level of respect they deserve.
What is Sex Discrimination?
Sex discrimination in the workplace is simply defined as treating someone (an applicant or an employee) unfairly based on their gender. Sexual discrimination covers more than just sexual harassment, requests for sexual favors, or unwanted sexual advances. Negative treatment based on someone’s inability to conform to a personal notion of sexual stereotypes, such as a masculine woman or an effeminate man, are also included.
It involves all adverse actions taken against someone based on their sex or sexual preferences. Such adverse actions must effect the “terms of conditions or employment.” They can include, but are not limited to, for qualified employees:

Denying of a promotion(s)
Being laid off
Firing
Refusing to provide certain assignments or training

For job candidates it could mean refusing to hire or grant an interview for an otherwise qualified candidate.
What Qualifies as Harassment?
What many employees and job candidates don’t realize is that harassment is more than just unwanted advances, it can include derogatory remarks about sex and gender. Victims and perpetrators can be either gender, and the victim and harasser can be the same sex.
While the law doesn’t cover one-off remarks or simple teasing, it is quite clear on how certain types of comments, made repeatedly, can create a hostile work environment, which ultimately can create an adverse employment decision such as termination or stagnation (being turned down for promotions and projects).
Who is a Potential Harasser?
A harasser can be a direct supervisor/manager, a manager of another department, peer, or even a client/customer of the employer.
Can Employment Policies be Sexually Discriminating?
Many people believe that as long as the employment, or company policy, applies to all employees, it is not discrimination. This is not the case.
Policy, even equally applied, can be considered discrimination when it adversely affects a certain sex and is not job-related or necessary to the business’ operation.
If You’re the Victim of Discrimination…
While the law is quite clear on what is legal and what is not, it takes someone with knowledge on interpretation and precedent to help navigate the nuances of a workplace discrimination claim. Working with someone who specializes in employment law is a good first step.
If you feel you’ve been discriminated against due to gender or transgender status, or have questions regarding your employment rights, contact Wenzel Fenton Cabassa, P.A. today to schedule your free case evaluation.
Want more information on sex discrimination in the workplace? Get our free eBook.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Sexual Orientation Discrimination in the Workplace & The Impact on LGBTQ Employees
Sexual orientation discrimination in the workplace has been occurring for decades, affecting the careers and lives of LGBTQ employees in many ways. Even as society is changing and advancing its views on equality for all people, LGBTQ discrimination persists.
What Is Sexual Orientation Discrimination in the Workplace?
Sexual orientation in the workplace refers to an employee being treated differently because of their sexual orientation, including those who identify as lesbian, gay, bisexual, transgender, or queer.
This “treatment” can include a wide variety of employer behaviors/actions, which can negatively affect the employee. An employee may also be discriminated against because of the sexual orientation of someone they are close to.
Additionally, sexual orientation discrimination may occur due to an employee perceived to be LGBTQ in the workplace, whether the employer’s perception is correct or not.
Is There a Difference Between Sexual Orientation Discrimination and Gender Identity Discrimination?
Sexual orientation discrimination in the workplace relates specifically to the person’s sexuality. Gender identity discrimination can include the same actions that an employer may take but would be performed specifically due to who the employee considers their innermost concept of self. This could be male, female, a combination of both or neither, and may or may not be the same as their assignment at birth.
Sexual Orientation and LGBTQ Discrimination in the Workplace
Employers who discriminate against LGBTQ employees may take a variety of actions. Similar to discriminating against someone due to their age, race, disability, sex, or religion, examples of sexual orientation and LGBTQ discrimination in the workplace can include:

Demotions or Terminations
Reduction of pay or scheduled hours
Harassment, bullying, or abusive behavior
Denial of benefits
Adding new responsibilities not in the job description, such as heavy lifting
Not hiring someone specifically due to their sexual orientation
Being denied leave for the birth of a child or to care for a partner/spouse when you otherwise qualify for FMLA leave

What Federal Laws Protect Employees from Sexual Orientation Discrimination?
Discrimination cases are typically filed citing Title VII of the Civil Rights Act. Title VII includes protections against workplace discrimination due to race, color, sex, religion, national origin, age, and disability. This federal law does not specifically include sexual orientation. Even though multiple efforts have been taken over the last twenty years, legislation has not passed in Congress to protect LGBTQ employees against discrimination.
However, the federal protections that are in place for federal government workers that guard against sexual orientation discrimination in the workplace have been referenced by the Equal Employment Opportunity Commission (EEOC) to extend to claims against employers in the private sector.
Even though sexual orientation or gender is not specifically included in the language of Title VII, the law has been interpreted to provide protection for members of the LGBTQ community against discrimination in the workplace.
How Do I File a Complaint of Sexual Orientation Discrimination?
A complaint of sexual orientation discrimination in the workplace would be filed with the EEOC, which can be completed online or in-person at a local EEOC office. You do not need to navigate this process alone or only with the assistance of an EEOC employee. An employment lawyer can gather the information needed, draft your charge and file it for you offering valuable advice at every step. You can also start the process on the telephone, but charges cannot be filed that way.
Before filing an EEOC claim of discrimination, it is important to have details of what occurred as well as any related documentation that would be helpful for your case. This documentation will vary depending on your situation. For example, if you were consistently being harassed or bullied with offensive emails, messages, pictures, or texts, these would be helpful to your case.
Regardless of the type of discrimination, details of dates, what occurred, and if there were any witnesses to what happened may all be useful to building a strong case. Even if you do not feel you have comprehensive documentation, you may have more than you think.
A discrimination attorney has the expertise to analyze the situation and the documentation. It is recommended to consult one to ensure the claim you file is as strong as possible. And you do not need to wait to seek this advice. Being well advised before filing your charge can prove to be invaluable.
Are There Statutes of Limitations to File a Sexual Orientation Discrimination Case?
Sexual orientation discrimination cases would follow the same statutes of limitations as other types of discrimination. They must follow EEOC guidelines. The typical filing deadline would be 180 days from the date the discrimination occurred, such as the date of termination if you were fired. This time period is extended to 300 days if a state or local agency enforces a state or local law that prohibits sexual orientation discrimination.
The Florida Civil Rights Act does not include sexual orientation in its language, but may be interpreted in the same manner as Title VII, and there are multiple local laws across the state that provide protection, including coverage for employees residing in:

Broward and Miami-Dade Counties
City of Miami
City of Tampa
City of West Palm Beach, among others.

How Can a Discrimination Attorney Help My Case?
A discrimination attorney has expertise in employee rights and understands what it takes to build a strong case against employers. They understand the complexities of the law and how to approach complex cases, including those involving harassment and discrimination.
It is not uncommon for employers to try to bully, harass, or otherwise try to convince employees that they do not have a claim or should not pursue one. Your lawyer is with you every step of the way and works diligently and aggressively to obtain the best outcome possible in discrimination cases.
Wenzel Fenton Cabassa, P.A., works with employees across Florida to hold employers accountable for discriminatory actions, fighting hard for employee rights. If you believe you have a case of sexual orientation discrimination in the workplace, we are here for you.
We have offices across the state in Tampa, Orlando, Miami, Sarasota, St. Petersburg, Jacksonville, and West Palm Beach.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Share Your Wage and Non-Compete Horror Stories with the White House
Now’s your chance to take a bad situation, and turn it into something positive. If you have a wage or non-compete agreement nightmare, the White House has invited you to share your story with the nation. The White House is asking employees to share their non-compete (NCC) and wage collusion horror stories to help develop more effective regulations to address these concerns.
In response to complaints of burdensome wage and non-compete agreements put on employees, the White House announced its focus on putting a stop to “abusive noncompete agreements”. According to to Huffpost Business, “some workers may face challenges that can hold down their wages by preventing them from competing fairly. This includes the improper use of non-compete agreements, and wage collusion — where groups of companies work together to unfairly limit the wages of their employees.”
The effort will take place from the top down by working with states, advocacy organizations, businesses, legal and economic experts, and employees to shape a solid plan of action and combat abusive non-compete agreements.
A recent White House study on non-compete agreements found, “37 percent of Americans have been subjected to non-competes, and 18 percent are currently under one.” Further, the study concludes that most Americans are expected to eventually have signed a non-compete for a company at some point in their lifetime.
Non-compete agreements provide that a former employee cannot work for a competitor for a specified duration of time following the conclusion of their employment for the company. The majority of non-compete agreements specify a period of time — months or years — that the employee must wait to work for a competitor in order to maintain a company confidentiality policy and protect “trade secrets”. The non-compete agreement situation in America became agitated and gained more attention after Jimmy John’s franchise began imposing non-compete agreements for sandwich makers.
In an attempt to gain a better understanding of common challenges related to non-compete agreements or wage collusion, the White House is asking for your perspective and the story of your specific job experience.
The White House now invites you to contribute to the discussion, so that intelligent actions can now be taken into consideration to combat the burden of excessive and over-reaching non-compete agreements for employees.
Example Non Compete Abuses to be Addressed:
No Talking to Customers for Years — Even If They’re Your Kids/Parent
Switch Companies – Old Company Calls Your New Employer — You’re Fired or They’ll Sue
Every Employee Signs a Non-Compete Agreement
Your Non-Compete Effectively Means You Can’t Leave
Employee Can’t Afford the Lawsuit
Sign or We’re Firing You
The White House has said that of these common problems with non-compete agreements will be addressed soon following the collection of real stories provided by everyday workers in America. By sharing your story, legislators will be able to get a much better grasp on any defects that exist in the current way of regulating wage and non-compete agreements.
Ready to do something about an abusive wage or non-compete agreement?
Get in touch with an experienced employment law attorney to get a better overview of your wage and non-compete case in Florida. Contact Wenzel Fenton Cabassa, P. A., today to set up a free confidential case evaluation.
SOURCES:
The White House Wants Your Horror Stories on Noncompetes and Wage Collusion
How Have Non Competes and Wage Collusion Affected You?

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Short-Term Disability vs. Sick Leave: What's the Difference?
When the unexpected happens, such as an illness or injury, employees need to understand their options in taking time off work. Knowing the difference between short-term disability vs. sick leave will give you the information you need about your employee rights and help you make the right decision for your situation.
About Short-Term Disability and. Sick Leave in Florida
Short-term disability is not employee leave. It constitutes a temporary leave of absence. It is a benefit that many employers offer that can be purchased and taken out of your paycheck. Short-term disability typically pays a portion of your wages (around 40-60%), and – depending on your company policies – you may need to wait 7-14 days before you can claim it.
Can you collect short-term disability and sick pay? Your employer may require you to use all your paid-time-off (PTO) and/or sick time before they will allow you to take it.
Many employers will offer sick pay benefits, giving you a certain number of hours per year of employment. For example, some employers will offer 40 hours of sick leave per year in addition to PTO/vacation time. Employees do not have to pay for sick leave out of their paycheck and typically receive their full wages for those hours.
What are the Qualifications for Short-Term Disability vs. Sick Leave?
Short-term disability is an option for taking time off for illness or injury that is available 90 days after coming to an organization. It is typically available only to full-time employees, but there are exceptions. For an employee to use this wage replacement benefit, they need to have a doctor-certified personal injury or illness.
Sick pay benefits will vary depending upon your company’s policies. Full-time employees often receive a certain number of hours after a predetermined length of time on the job. Part-time employees may be eligible for sick leave as well. Many employers will only allow you to use your accrued sick leave due to illness or injury or caring for a sick family member.
How long do Short-Term Disability and Sick Leave Last?
Short-term disability is a benefit that can extend longer than FMLA. Depending on the company, it may be able to utilize for up to 26 weeks, which can be extremely valuable for individuals who require an extensive recovery time for an illness or injury.
The duration of sick leave will depend on the hours an employee has accrued. Check with your human resource department to ensure your accrued hours are correct under your employment policies and agreements.
Short-Term Disability vs. Sick Leave: Employee Rights 
Since Florida is an “at-will” state, your employer can fire you while you are away from your job due to an illness or injury — as long as they are not violating federal or state law. Employees do have certain protections under FMLA and ADA. Depending on your circumstances, if your employer did not have a legitimate, nondiscriminatory reason for firing you while you were on FMLA leave or did not work with you to provide reasonable accommodations when you were ready to return to work, you may want to speak with a wrongful termination attorney.
If your company provides you with sick leave hours, you have the right to use them — and you should be protected as long as you follow company policies regarding notifications and using your sick leave time.
It is not uncommon for unexpected illnesses and injuries to arise. Knowing your rights regarding short-term disability vs. sick leave will not only empower you to make the right decision for you and your family, but it also provides critical information if you get fired or retaliated against by your employer.
If you feel you have been wrongfully terminated or retaliated against because you took short-term disability or sick leave, contact Wenzel Fenton Cabassa, P.A., for a free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Simple Steps to Filing for FMLA Leave
If you are a covered employee under a business that meets the requirements for the Family & Medical Leave Act (FMLA), and you or your immediate family member has a “serious health condition” you should understand the procedures behind filing for FMLA leave. Of course, FMLA-Qualifying leave may also be available to you for leave related to adoption bonding with a newborn, and some other limited reasons, but we focus here on leave triggered by a serious health condition. Here’s what you need to know:
Steps to Filing for FMLA-Qualifying Leave
  1. Know Whether You’re Eligible by Understanding the designation of a “Serious Health Condition”
The Family & Medical Leave Act does not stipulate which illnesses are considered a “serious health condition” but it does have strict definition of what must be established such that an illness or injury qualifies for coverage. A “serious health condition” is one that requires any of these: 

Overnight inpatient care
Three days or more of incapacity causing absence from work, school, or other daily activities
Incapacity due to pregnancy or prenatal care
Incapacity due to a chronic condition or permanent long-term condition
Absences required to treat an on-going condition that would otherwise result in incapacity

  2. Fill out your employer’s paperwork
Assuming you are covered by FMLA, the next step is to speak with your employer’s HR department to find out what paperwork is required. In some instances, the leave is sudden and filing for FMLA leave can be done after the employee has left work. Federal regulations allow employers to require 30-days advance notice if the leave is anticipated, or notice “as soon as practicable” when it is not. “As soon as practicable” is often translated as one to two business days but that largely depends on the situation.
This paperwork can include the need for a certification of your “serious health condition.” You needn’t worry that you will have to disclose sensitive medical details to your employer. The Health Insurance Portability and Accountability Act (HIPAA) protects patients’ privacy so your employer cannot request details past the certification.
How to Get a Certification for Filing FMLA Leave
Your employer must give you 15 calendar days to get a certification form completed by the health care provider of your choosing. This also includes podiatrists, dentists, clinical psychologists, optometrists, nurse practitioners, chiropractors, and other medical professionals. The employer’s contact with the health care provider is limited to a request for authentication or clarification, absent your consent to share additional information. 
It’s important while you’re out on leave to stay in contact with your employer. Leave does not have to be taken full time. It can be taken intermittently or on a reduced schedule. It’s important to note that an employer may require a fitness-for-duty certification once every 30 days if you’re taking intermittent or reduced schedule FMLA leave and if reasonable safety concerns exist regarding your ability to perform your job duties based on your “serious health condition.”
Filing for FMLA-qualifying leave, and the Family & Medical Leave Act in general, has a lot of nuances. If you’re thinking about applying for leave, know your rights. Download our free e-book, Guide to Understanding FMLA: Helping You, Your Job & Your Family. It contains valuable information on the act and what it means for covered employees.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Small Companies and Pregnancy Discrimination: What Can You Do?
The Pregnancy Discrimination Act of 1978 (PDA) protects pregnant women from being discriminated against based on their pregnancy. The law states that pregnant women must be treated the same as other employees. However, this law only applies to companies that are larger than fifteen people.
Where does that leave women working for small businesses?
While the PDA only affects businesses larger than fifteen employees, (those companies with fewer employees are seen as having an unfair burden on their business to be forced to hold positions open, make special arrangements, etc. and so they are not required to do so) it is still in a business’s best interest to treat employees fairly if for no other reason than to guard against turnover and keep morale high.
For this reason, pregnancy discrimination recourse may best be handled in the following ways:
Understanding the Rules
If you were issued an employee handbook, which is unlikely in a small business, check what it says about maternity leave, pregnancy policy, and other family-specific sections. If you don’t have an employee handbook, speak with the person in charge of hiring and firing – the owner, office manager, or your manager. Understand what the company offers and whether they adhered to those established rules. Take notes of all conversations including details of who was involved, what they said, and when they said it.
Allay Fears
Many poor reactions are based on fear of what will happen to the business in your absence. Do your best to put these fears to rest by creating a transition plan and training anyone who will be taking over your responsibilities while you’re out. If you show an interest in the business, your employer will be more likely to work with you.
Tried in the Court of Public Opinion
Sometimes for small companies the highest court is that of public opinion. While it may be within their legal rights to fire you, replace you, or refuse to adhere to any medical accommodations you may need, the public generally will be less understanding than the law. If a company feels that mistreatment of a pregnant woman will cost them business, they may adhere to the PDA even though it’s not required by law.
However, keep in mind that if you take your case to the court of public opinion, getting your job back may be difficult. Your employer will probably feel betrayed and angry. Even if your employer reinstates you, the relationship may be beyond repair. It is difficult to work in a hostile environment, especially as a new, or soon-to-be, parent.
If you have further questions about what companies must adhere to the PDA or whether you are disability covered employee, talk to the employment law experts at Wenzel Fenton Cabassa, P.A. today to discuss your options.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Social Scientists Discuss Causes and Solutions of Workplace Harassment
Workplace harassment remains pervasive, hurting individuals and costing companies millions.
Earlier this month, social scientists gathered to discuss harassment and its causes at the first meeting of the U.S. Equal Employment Opportunity Commission’s Select Task Force on Workplace Harassment.
One of the largest factors is organizational climate, said Dr. Mindy Bergman, an associate professor of psychology at Texas A&M University, according to the EEOC.
“When an organization is more tolerant of harassing behavior, more harassing behavior occurs,” Dr. Bergman said, according to the EEOC report.
Studies have shown that strict management norms and a climate that’s intolerant of offensive behavior can inhibit harassment — “even by those with a propensity toward such conduct,” said Dr. Lilia Cortina, professor of psychology and women’s studies at the University of Michigan.
Companies often respond by providing training, but it doesn’t always stop harassment, said Dr. Eden King, psychology professor at George Mason University, according to the EEOC.
Training done in-person is more effective than online training, research shows, according to the EEOC, and it’s especially helpful if it “lasts more than four hours and includes role-playing that puts the trainee in the place of a stigmatized co-worker” and is combined with specific goals set by a manager.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Speaking Up: Employee’s Guide to Whistleblower Retaliation
What is it and how to prove your case
Reporting wrongdoing is the right thing to do. But when whistleblower retaliation occurs, there can be severe consequences. Employees are protected from whistleblower retaliation under the law from managers, supervisors, and administrators that attempt to punish employees that report unlawful behavior.
Even though there are laws in place that protect employees from retaliation, it still happens in both the private and public sectors. Those in power decide to take action to protect their interests — ignoring the law and punishing employees through many different means.
What is Whistleblower Retaliation?
According to the United States Department of Labor, whistleblower retaliation  “occurs when an employer fires an employee or takes any other type of adverse action against an employee for engaging in protected activity.”
This protected activity may include (depending on whether the employer is a public or private employer) the reporting of:

illegal activity or suspected illegal activity, such as financial crimes,
safety violations,
business mismanagement,
harassment or discrimination, or
other unlawful actions

There are multiple adverse actions that an employer may take that could be classified as retaliation. Sometimes, they are apparent. Other activities may be more subtle. Here is a list of different types of retaliatory measures a manager, supervisor, or administrator may take against an employee:

Firing or laying off
Disciplining
Demoting or reassigning to a less desirable position
Denying a promotion
Denying overtime or benefits
Reducing pay or hours
Intimidation, harassment, or making threats
Interfering with an employee’s ability to obtain future employment
Constructive discharge
Actions that are more subtle such as mocking, ostracizing, isolating, or falsely accusing the employee of poor performance in the workplace

Whistleblower retaliation can happen in many industries and across all levels of employment. Attorneys who specialize in employment law frequently work with employees who have experienced retaliation from an employer.
What Are the Laws Protecting Employees from Whistleblower Retaliation?
Federal and state laws serve to protect employees around the nation from retaliation. Did you know that since the OSHA Act was passed in 1970, Congress has passed 22 federal regulations to protect whistleblowers? Some of them are targeted at specific areas of work, including nuclear safety, the trucking industry, or aviation. There are also robust laws that serve as primary legislation for a wide range of private and public industries, including:
The Sarbanes-Oxley Act (SOX): passed in 2002, one of the most important whistleblower laws that protect employees from retaliation, regulates financial practices and other aspects of the business of publicly held corporations.
The Whistleblower Protection Act (WPA): protects employees of the federal government who file a report claiming such activities as illegal behavior, abuse of authority, gross mismanagement or waste of funds, actions that put the public in danger, or censorship that violates laws and/or will cause danger, gross mismanagement, or abuse of power.
The Florida Whistleblower’s Act is the state legislation that protects employees from retaliation. Florida law protects both public and private sector workers and covers such topics as workplace safety, harassment, discrimination, and wage laws. An important note: this legislation requires those in the private sector to have disclosed, or threatened to disclose, an activity, practice, or policy of an employer that is in violation of a law, regulation, or rule for that employee to be protected and written complaints to specified persons in the case of public sector violations.
Under the law, the employee can sue for reinstatement if they had been fired and can also seek compensation for lost wages, back pay, back and full benefits, withheld or reduced bonuses, reasonable costs, and damages.
How Do You Prove Whistleblower Retaliation?
If you believe you have been retailed against for reporting wrongdoing and decide to file a case against your employer, there are certain things to consider as you move forward with your employment lawyer. A causal link needs to be shown between the reporting and the subsequent adverse action that was taken by the employer.
There are many ways that this link can be proven. It can be through direct evidence or via indirect or circumstantial evidence of retaliation. An employment lawyer can guide you through what it takes to make a compelling case, but some examples of what could count as indirect or circumstantial evidence include emails or memos from the employer, notes/documentation from internal reviews, eyewitness testimony, various employment records that could indicate retaliation, or specific proof that the retaliation happened soon after the reported whistleblowing.
Whistleblowers serve an essential purpose of informing authorities when illegal, unsafe, or unjust actions are occurring in the workplace, which is why comprehensive legislation is in place. When whistleblower retaliation occurs, either in the private or the public sector, employees have the right to be protected — and organizations should be held accountable.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Statute of Limitations for Unpaid Wages
Undeniably, anyone who works a job expects to get paid for it. Unfortunately, many Florida employers fall short and commit wage violations when it comes to employment standards.
State and federal laws exist to regulate employers and help ensure workers are paid in full within a reasonable amount of time. Whenever your wages go unpaid or or you are underpaid, you have the legal right to file a claim and hold your employer accountable for their illegal actions.
Fortunately, there are many types of legal relief for unpaid wages. Lawsuits can help victims recover their unpaid wages, and filing a claim can be a simple process.
Timing is one of the most critical aspects of a successful wage violation claim. Like other civil actions in Florida, you must proceed with a wage violation claim within a reasonable timeframe, also known as a statute of limitations. Every case is different, and the statute of limitations can change depending on the circumstances.
You’ll need to act fast and file the appropriate documents if you’ve been subject to wage theft or any other unpaid wage violation. Failure to file a lawsuit within the statute of limitations for lost wages can invalidate your case and prevent you from recovering your losses.
No one should suffer because of illegal employment practices. Consulting with a Florida employment law attorney can help determine the best course of action if you’re owed wages.
About the Florida Statute of Limitations for Unpaid Wages
Unpaid wages can occur in many ways and affect almost any job within the workforce. The timeline for filing a complaint varies depending on the unique circumstances of the offense and other factors like job classification, hourly rates, tips, overtime, and minimum wage requirements.
Some of the most common types of wage-related violations in Florida include the following:
Minimum Wage Violations
Federal law ensures that employees across the country earn a standard minimum wage, although states have complete discretion to increase these rates as they see fit. As of 2022, the federal minimum wage is set at $7.25 per hour, though Florida lawmakers have passed higher rates:

$11.00 per hour for standard employees
$7.98 per hour for tipped workers

The Florida Minimum Wage Act includes provisions on how victims can seek to recover their unpaid wages.
Non-Payment
Employers may often pay only partial wages, modify agreed-upon rates, or withhold paychecks altogether.
Situations when an employer explicitly refuses to pay a worker can be challenging to prove because Florida’s lax employment provisions make it difficult to enforce labor contracts.
Additionally, many cases of non-payment happen in unofficial working arrangements, such as gig work or temporary roles, rather than in traditional payroll settings.
To simplify matters, Florida is one of the few states that doesn’t dictate worker payment schedules. In other words, there’s no statute directing how frequently or quickly employers should pay their workers. Instead, the law states only that employers should make payments within a “reasonable amount of time.”
Because of this, Florida courts have complete discretion in interpreting the law regarding the length of payment delays.
Breaks at Work
Although no federal or state laws require paid rest periods in Florida, employers must pay you if you are given a break that lasts between five and 20 minutes. In other words, your wages cannot be reduced just because you took a short break.
Some individuals may work for months without noticing a slash in their wages due to breaks. Over time, these amounts can add up and result in severe financial losses.
Overtime
Because Florida lacks dedicated overtime laws, the state follows federal provisions set by the Department of Labor.
Many employees who work more than 40 hours in one week are entitled to overtime pay. Overtime pay is set at time-and-a-half for every additional hour worked. Employers may calculate overtime hours incorrectly, leading to significant paycheck discrepancies.
You may not notice that overtime has been withheld in many situations until weeks or months later. It’s important to review your paychecks each time to ensure your wages are paid correctly.
How Far Back Can an Employee Claim Unpaid Wages?
The statute of limitations for filing a claim varies from case to case, and the amount of time you have can fluctuate depending on the type of wage violation and the court in which you’ll be pursuing an unpaid wage claim.
In any case, acting as soon as possible is recommended. Unpaid wage claims are complex legal matters. Because there are many moving parts to these cases, moving fast can help you recover your earnings sooner rather than later.
State Minimum Wage Violations
The statute of limitations for any wage violations related to Florida’s Minimum Wage Act is four years. However, if your employer willfully violated the Minimum Wage Act, the statute of limitations increases to five years.
Before proceeding with a civil action, the courts require you to provide your employer a 15-day written notice for them to resolve the matter and pay you in full.
Minimum wage lawsuits in Florida can help recover your lost wages and seek liquidated damages in the same amount and attorneys’ fees. Additionally, when there’s evidence that the wage theft was intentional, the courts may issue a $1,000-per-violation penalty to your employer.
Federal Minimum Wage Violations
Unfortunately, Florida lacks a state agency that oversees wage and hour laws. In some cases, individuals may seek to file minimum wage violations at the federal level instead.
The Department of Labor handles federal complaints, and the statute of limitations to file a claim is two years. If there was a willful violation on behalf of an employer, such as retaliation, then the statute of limitations can extend to three years.
Fair Labor Standards Act (FLSA) claims are complex but can often be the best option for many victims of workplace abuse and wage theft.
Civil Theft Claims
In more complex situations, victims of wage violations in Florida can also proceed with a civil theft lawsuit.
The statute of limitations for a civil theft lawsuit is five years. Unlike a small claims case, civil theft violations must meet specific elements to move forward, some of which include the following:

Malicious retention of wages
Deprivation of someone’s right to funds
Lack of entitlement to use or hold the salaries in question
Felonious intent

Per the rules of civil procedure, you’ll have to give written notice and provide your employer with 30 days to correct their mistake.
Civil theft claims may legally recover three times the amount of damages, plus attorneys’ fees and other administrative expenses. Depending on your situation, this may be the ideal path forward. However, obtaining clear and convincing evidence is vital for a flourishing civil theft claim.
You’ll need to consult with an attorney who can determine whether there’s enough burden of proof to proceed.
Small Claims Court for Unpaid Wages
For other unpaid wage claims, if your employer owes you $8,000 or less, you may proceed with civil action in small claims court. Under most workplace arrangements, the statute of limitations for filing a claim in small claims court is four years.
How Long Does a Claim Take?
As with any civil action, the timeline for an unpaid wage case can vary greatly.
If there’s substantial evidence for your case to move forward in court, you can expect a generally shorter process than one that may require additional investigation. The best way to determine how long your claim may take is to consult an employment law attorney.
In some cases, the threat of a lawsuit can encourage an employer to take action and seek a settlement. Lawsuits are costly, time-consuming, and emotionally taxing. Your employer may decide to admit wrongdoing and attempt to negotiate the matter alongside your attorney to streamline the process and take responsibility.
The process can take time to resolve if you proceed with a standard lawsuit in Florida. Litigation can often become tied up with opposing parties, and you’ll need patience as the process progresses.
Depending on your jurisdiction, court calendars may also cause additional delays, so it’s essential to plan accordingly and take action as soon as possible.
In other situations, judges may dismiss the claim, and you’ll have to seek relief through alternative measures. Every case is unique and largely depends on the circumstances.
Federal investigations by the Department of Labor’s Wage and Hour Division (WHD) may recover your wage in as little as six weeks. However, these funds are usually made available as part of more significant investigations rather than individual claims.
The DOL will hold wages they’ve recovered for a maximum of three years before turning them over to the Department of Treasury.
If your employer were subject to a federal wage investigation, you’d want to consult the government’s database to check for available funds and how you can receive them.
Hiring an Attorney for Your Unpaid Wages Claim
As with any civil claim in Florida, hiring an attorney can significantly increase your chances of recovering unpaid wages. On top of fighting for your unpaid wages, a dedicated attorney can seek additional relief, such as extra financial compensation and sanctions against your employer.
Any employment law matter can be challenging, especially when claims against employers involve complex financial issues. A labor law attorney is an excellent resource to help you through the process and will fight to hold your employer accountable for their harmful actions.
When you file a lawsuit, a lawyer can help ensure that a case is not thrown out due to technicalities or under questionable legal circumstances. Additionally, they’ll abide by the statute of limitation for suing for back wages.
Should the opposing party be willing to negotiate, an attorney can help obtain a reasonable settlement. Although some people find success through self-representation in court, the results can be subpar.
During an unpaid wage claim, your attorney will likely follow several steps, such as:

Investigate your claim
Review the evidence available
Obtain additional evidence
Interview other employees and related parties
Serve your employer
File paperwork with the courts
Prepare pleadings and motions
Engage in negotiation with the opposing party
Proceed to trial
Recover your losses

The Wenzel Fenton Cabassa P.A. team is relentlessly fighting for labor rights and seeking justice against illegal workplace abuses. Our employment law attorneys are dedicated to representing clients with various labor issues, including unpaid wages, retaliation, and even discrimination.
You work hard at your job and expect your employer to uphold their end of the bargain. When your wages are reduced or withheld, we understand the consequences.
Our offices serve all Florida’s major metropolitan areas, including Tampa, Miami, Orlando, St. Petersburg, Sarasota, and Jacksonville. Contact us today for a free case evaluation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Stopping Bad Robocalls Act: House Passes New TCPA Bill
Note: Our firm does not handle TCPA cases directly; we work with trusted attorneys who do. If you contact us about a TCPA matter, your case may be referred to another lawyer or law firm.
Robocalls are on the rise. This isn’t merely speculation. Surveys and research indicate such calls are bothering consumers to perhaps a greater degree than ever before.
Congress is responding accordingly. In recent months, members of the House and Senate have developed and passed legislation that would make necessary changes to the Telephone Consumer Protection Act. Keep reading to understand these changes, and how they may affect you.
What Does the New TCPA Law Mean for You?

It is important to understand that the House has merely passed the Stopping Bad Robocalls Act. The bill, H.R. 3375 now moves on to the Senate. In other words, the law hasn’t fully passed yet. These initial steps merely pave the way for potential changes to the current TCPA legislation.
That also means specific details may change in the future as the law develops. In general, however, the following points are particularly worth keeping in mind. They summarize many of the more noteworthy changes and modifications you should know.
Clearly Defining Robocalls
The current definition of robocalls (or calls made by an automatic telephone dialing system) is not sufficient. If the new law were to be fully passed, the FCC would have six months to clarify the definition, which is key to properly enforcing the law. It will also determine how and when exemptions can be granted.
Increasing Penalties
Violating the new TCPA law would theoretically result in more significant penalties than may have been incurred in the past. Currently, the FCC may seek up to $16,000 per violation. That number may be increased to $26,000 if new legislation becomes law. These changes would serve to protect consumers from intrusive and unwanted robocalls.
Changes to TCPA laws are not merely important to know as a consumer. If your business makes robocalls, you need to be aware of the consequences you may face if you fail to abide by changes to the TCPA law.
To that end, it is also worth noting that the new law would grant the FCC the power to adopt regulations which would clarify how (and the degree to which) consumers can withdraw consent to receive robocalls. Just because someone granted permission to call their number, that does not mean you have given the caller permission forever. They will likely be able to withdraw such consent whenever they choose.
Reconciling Bills
Members of the House are not the only lawmakers working on new TCPA legislation. Members of the Senate have also been hard at work on the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act. This legislation, which was passed May 2019, shares many similarities with the House’s Bill. Now that the Stopping Bad Robocalls Act has moved to the Senate, it will likely be necessary to reconcile the two proposals before any final changes can be implemented.

What is clear is that business owners and marketers should be prepared for changes. The fact that members of both the House and Senate have developed legislation indicates an eagerness on both sides to address the robocall issue. While the specific means by which they do so are not yet set in stone, it is highly likely changes are coming. You might need to prepare accordingly.
That said, that may represent a benefit. On the one hand, some of the changes to the TCPA law may make it so that businesses and marketers have to be more vigilant about guarding against violations. On the other hand, failure to interpret and understand the TCPA law in its current state has caused significant headaches for marketers and business owners. At the very least, it is clear that lawmakers are committed to making necessary changes that would clarify the issue.
Changing the Definition of Called Party
As of now, the TCPA defines the “called party” as:

the current subscriber of the telephone number to which the call is made.

That may change if new legislation becomes law. Recognizing that many people share phones, the changes would redefine called parties to include not only current subscribers but also anyone who qualifies as a “customary user” of the number. Meaning, a call placed to someone who is not technically the current subscriber could potentially result in a violation depending on the circumstances.
What is most important to remember is that legislation is still developing. Again, at this stage, two different pieces of legislation must be combined (and potentially adjusted) before any final changes can be made. This is an ongoing story, but one worth following closely. You will be far more likely to understand how TCPA changes may impact you if you stay abreast of developments and prepare accordingly.
Believe you were a victim of TCPA violations? You could be entitled up to $1500 for each call. Speak to TCPA lawyer today.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Suing for Wrongful Termination? Here's What to Expect.
If you’re considering pursuing a wrongful termination claim, you should spend some time thinking about what you’ll be up against. You may face several roadblocks from your employer and should be prepared for a no-holds-barred fight. That’s why it’s important to consult an experienced employment attorney who is familiar with employer tactics and can help you make the right decision.
Each wrongful termination situation is different. But you should be prepared for these four ways your employer may choose to make your path to justice a difficult one.

Was your termination legal?
Find out with our guide, Wrongful Termination: When Firing Is Illegal.

4 Ways Your Employer Can Make Your Wrongful Termination Case Difficult

Your Former Employer Is Not Afraid of Legal Action

If your former employer was concerned about a lawsuit, they would have respected the law. Often managers who violate workplace laws are not held accountable for mistreating employees. They will endeavor to find a legal reason for their actions and enlist your co-workers to testify against you by convincing them that aligning with management is in their best interest. By bringing forth these witnesses and attempting to demonstrate that you may have been a difficult employee, the manager can win favor with executives.
It’s also important to note your employer likely has an attorney on retainer, so the company won’t shy away from defending itself against a claim. They may ultimately decide it’s not worth court time, but it will likely take them a while to reach that decision.

Your Former Co-workers May Not Be on Your Side

If you threaten to sue your former employer, they and their legal team will go on the offensive. They will most likely ask your co-workers not to destroy any e-mail communication with you and to refrain from communicating with you. And if they are deposed by your attorney, there’s a good chance they could side with your employer for fear of retaliation. They could also be worried that what they said to you in confidence regarding your manager could be fuel for your former employer to terminate them. And there are others who will support your former employer no matter what.

Your Former Employer Will Try to Wear You Down

If you worked for a larger organization, they are probably accustomed to getting sued. The distraction and stress of a lawsuit is nothing new to them. You, on the other hand, may have to go through months or years of stress. In federal court, it can take 12 to 16 months to reach a verdict in a wrongful termination lawsuit, while it can take 12 to 20 months in state court.
During litigation, it may be a struggle for your attorney to obtain access to documents and files that are important to your case. Your attorney may file a subpoena to gain possession of these documents, but your former employer may delay their response, and when they do respond, they may not provide the documents you’ve requested.
These are all delay tactics and are common when wrongful termination suits make it to court. However, working with an experienced and tenacious employment attorney can help alleviate these stresses because employment attorneys understand it’s all part of the process.

Your Former Employer May Legally Retaliate

Once you’re involved in litigation, your former employer may legally retaliate against you, which could damage your reputation. For example, if your attorney pursues a claim of emotional distress, your former employer may ask for your medical and psychiatric records. You are required to share any medical condition to determine how much the termination caused that condition or whether you had that condition all along. In addition, your former employer could look into your employment record, your criminal background, and your history of filing lawsuits, for example. You may not have anything to feel protective over, but you need to be aware of some of the tactics your former employer could use to retaliate.
At Wenzel Fenton Cabassa, P.A., we protect employee rights, and we want you to know what you need to consider before pursuing a wrongful termination suit. Please access our Wrongful Termination: When Firing Is Illegal guide today or call us to schedule your free case evaluation.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### TCPA and Robocalls: Is Your Cellphone Protected?
Note: Our firm does not handle TCPA cases directly; we work with trusted attorneys who do. If you contact us about a TCPA matter, your case may be referred to another lawyer or law firm.
Do you receive unwanted calls to your cellphone? It is important to know that consumers are protected by the TCPA act to stop aggressive robocallers from harassing people in Florida and across the United States.
TCPA Law
The Telephone Consumer Protection Act (TCPA) regulates auto-dialed calls, telemarketing calls, prerecorded calls, unsolicited faxes, and text messages. The Federal Communications Commission oversees the TCPA compliance and details strict penalties for TCPA violations.
Did you know that penalties for each violation/call can amount to $500-$1,500? 
These severe penalties exist for a reason — to stop the harassing behavior of telephone solicitors and bullying bill collectors. But many companies get away with violations because consumers are not adequately informed of their rights. Consumer rights lawyers fight hard for the rights of people that are the subject of TCPA violations.
Understanding TCPA Violations
Banks, student loan companies, bill collectors, and solicitors of all sorts have rules they are legally required to follow under the TCPA. There are certain times they are allowed to call — and certain times they can’t. If they call outside of these designated times, they may be in violation of the TCPA.
A violation occurs if these TCPA guidelines are not followed:

Calling cellphones before 8 am or after 9 pm local time;
Calling cellphones using a recording or an artificial voice;
Failing to honor the “Do Not Call” Registry and keep an updated company list;
Requiring solicitors to provide their name, who they are calling for and provide contact information

In addition, after an update made to the act in 2013, all companies have to have “prior express written consent” to make or send auto-dialed calls, or pre-recorded calls to a wireless number for advertising or telemarketing purposes.
Unfortunately, many bullying robocallers violate these guidelines. If this has happened to you, it is important to contact a consumer rights attorney to hold them accountable and stop the unlawful harassment.
Exceptions under the TCPA
There are certain types of calls to your cellphone that are exempt from the guidelines of the TCPA. These are lawful and not subject to penalties. These include calls that are:

Manually dialed without a pre-recorded message
Not made for commercial purposes
Made for commercial use but does not constitute telemarketing or include advertising
Made by a tax-exempt or nonprofit organization
Delivering a “health care” message by entities and professionals covered HIPAA Privacy Rule

If you have received these calls, they are not considered violations of the TCPA.
Securing Your Rights as a Consumer
More than a billion robocalls happen every day. If you have been the subject of robocalls that are a violation of the TCPA act, Wenzel Fenton Cabassa, P.A. can help. We work aggressively with each case to fight for justice, stop harassment, and hold TCPA violators accountable to the fullest extent of the law. You may be entitled to up to $1,500 per call.
Any documentation you have including phone records and voicemails all serve as potential evidence for your case. Keeping as detailed a written record as possible of who you talked to, when the call occurred, and what you talked about will help with documenting the violation(s).
Contact Wenzel Fenton Cabassa, P.A. to set up a free, confidential case evaluation. We understand the difficulty of dealing with robocalls and have the best interest of you and your family in mind.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### TCPA Violations Attorneys
Note: Our firm does not handle TCPA cases directly; we work with trusted attorneys who do. If you contact us about a TCPA matter, your case may be referred to another lawyer or law firm.
TCPA Violations Attorneys
Abusive robo-calls are the #1 consumer complaint in the United States.
Did you know that Florida consumers have legal rights under the Telephone Consumer Protection Act (TCPA)? If banks, student loan companies, mortgage loan companies or other debt collectors have unlawfully contacted you, Wenzel Fenton Cabassa, P.A. can help.
What is the Telephone Consumer Protection Act (TCPA)?
The TCPA was signed into law in 1991 to protect U.S. consumers from aggressive telephone solicitors and automated telephone equipment. TCPA regulations include restrictions on:

Automated Dialing Systems
Artificial or Prerecorded Voice Messages
SMS text messages

The primary purpose of the TCPA is to limit the number of nuisance calls that you get every day. But it is also about the consumer’s right to privacy. Congress passed the act to protect you from harassment and bullying from these relentless callers.
We fight hard for the rights of consumers, as well as employees, and are dedicated to holding bullies accountable for TCPA violations.
Standard TCPA guidelines
Mega-corporations and other robo-bullies make a ton of money every day harassing consumers just like you. There are certain TCPA guidelines they should follow — but they often break the rules. If you have not given “prior express written consent” for a company to call you, there are standard TCPA guidelines for consumers that include:

Prohibiting solicitors from calling cell phones or U.S. households before 8 a.m. or after 9 p.m., local time
Prohibiting solicitors from calling cell phones or U.S. households using an artificial voice or a recording
Requiring solicitors to maintain a company-specific “Do-Not-Call” (DNC) list – and honor the National Do Not Call Registry
Requiring solicitors to provide their own name, the name of the entity or person on whose behalf the call is being made, as well as a telephone number or address where that entity or person may be contacted

The TCPA law does have its complexities. It is important to know that robocalls are not just prerecorded messages; they are any calls that are made using an automatic telephone dialing system (ATDS).
Texts are also considered “calls” and can be subject to TCPA penalties too. Faxes can also sometimes be covered by the TCPA.
TCPA violation penalties
Did you know that you may be entitled to up to $1500 for each unwanted call you have received in the last 4 years?
These robo-bullies are some of the biggest bullies around —calling up to 14 million people every day or texting up to 18 million times each month. It is hard to know the total number of calls that all the banks and debt collectors make, but experts have estimated that in the United States — approximately 1.5 billion robocalls happen every day. It’s outrageous! They should be held accountable for their harassment, and Wenzel Fenton Cabassa, P.A. is here to be your legal advocate for TCPA violations.
Even if you owe money to a company, you still have the right to tell them to stop calling.
The minimum penalty for TCPA violations is $500 per call. If you have explicitly told the company to stop calling, and they continue to do so anyway, every call is a violation, and the penalty rises up to $1500 per call.
Have you been getting calls from debt collectors before 8 a.m. or after 9 p.m., local time? If so, these calls are in direct violation of the TCPA time restriction. Has a company refused to stop calling you after you told them not to? Because this type of harassment is so profitable, these robo-bullies don’t have much incentive to stop. That’s what TCPA litigation is for — to stop them in their tracks and inflict TCPA penalties for their unlawful behaviors.
Even if consent was given previously, a consumer has the right to revoke that consent by contacting the debt collector or telemarketer and telling them to stop calling a cell phone or residential line.
DOCUMENTATION OF EVIDENCE FOR TCPA VIOLATIONS

Acquire and save cell phone and/or residential phone records — highlighting all incoming calls from banks, telemarketers, and other debt collectors
Make detailed written records of the relevant calls — recording important information like date, time, who you talked to, what company they represent, and a summary of the conversation
Save all of the voice messages from banks, telemarketers, and other debt collectors
If you have a letter where you revoked consent for the calls — save it and keep it with your records

Any documentation of evidence you have of TCPA violations will make your claim stronger in the eyes of the law.
Contact Wenzel Fenton Cabassa, P.A, about TCPA violations
The TCPA exists to protect the rights of people just like you. These robo-bullies are often very aggressive because they get away with it and make a lot of money in the process. If you have been the subject of violations of TCPA guidelines, contact our law firm today.
We are employee rights attorneys that also have a strong determination to protect consumers from these bullies. Harassment is not only wrong in the workplace — it should never be tolerated anywhere. That’s where we come in.
At Wenzel Fenton Cabassa, P.A., our attorneys will tackle TCPA violations aggressively with you and your family in mind. You have the right to legal protection. TCPA penalties are severe, and you may be entitled to $1500 per call. Our law firm will be with you every step of the way to help you protect your privacy.
Don’t let the robo-bullies get away with unlawful harassment in violation of TCPA law.
Contact our office to schedule your free case evaluation. We have locations throughout Florida for your convenience:
Our Locations
Tampa, St. Petersburg, Sarasota, Miami, Jacksonville, Orlando

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### TCPA Violations: 3 Benefits of Hiring a TCPA Lawyer
Note: Our firm does not handle TCPA cases directly; we work with trusted attorneys who do. If you contact us about a TCPA matter, your case may be referred to another lawyer or law firm.
More than a billion robocalls happen every day in the United States. A significant amount of these robocalls are against the law, including the TCPA (Telephone Consumer Protection Act). That is where a consumer law attorney comes in: protecting you and your rights against abuse and harassment that violate the law.
Here are three benefits of hiring a TCPA lawyer:
1. Stops Harassing, Unlawful Calls & Voicemails
TCPA violations are a very serious matter. A TCPA lawyer tackles these unlawful calls and voicemails aggressively to stop them in their tracks. But it is important to know what types of calls violate the TCPA. Here are some basic TCPA guidelines:

The TCPA prohibits solicitors including mortgage loan companies, student loan companies, and other debt collectors from calling cell phones or U.S. households before 8 a.m. or after 9 p.m., local time;
The TCPA prohibits solicitors from calling cell phones or U.S. households using an artificial voice or a recording without consent;
The TCPA requires solicitors to maintain a company-specific “Do-Not-Call” (DNC) list – and honor the National Do Not Call Registry
The TCPA requires solicitors to provide their name, the name of the entity or person on whose behalf the call is being made, as well as a telephone number or address where that entity or person may be contacted

Have any of these TCPA violations happened to you? It is not uncommon for mega-corporations and other types of harassing bullies to go against TCPA rules. If you are ready for those harassing unlawful calls and voicemails to stop, contact TCPA attorney today.
 
2. Stops Harassing, Unlawful Text Messages / Junk Faxes

Did you know that TCPA regulations also include text messages? If your mobile phone has been bombarded by text messages, a TCPA lawyer can help. The TCPA has the same rules for text messages as it has for calls, so if a debt collector or other type of solicitors have been texting you after 9 pm or before 8 am local time, they are violating the law.
It is also part of TCPA law that you need to give consent prior to receiving text messages which can be done through electronic or digital forms of signature/consent including opt-in through email, text message, website form, or even a voice recording. If you didn’t give consent to receive SMS-oriented contact, they are also violating the law.
The TCPA also prohibits “junk faxes” under the same scenarios.
 
3. Fights for Your Rights to Significant Compensation for TCPA Violations

As mentioned above, federal law treats violations to TCPA law are a serious matter with equally serious penalties. As a consumer, you may be entitled to significant compensation when a debt collector/solicitor operates their business against federal law.
You may be entitled to:

A minimum of $500 per call
Up to $1500 per call if you have explicitly told the company to stop calling, and they continue to do so anyway

The TCPA can cover violations for each unwanted call you have received in the last four years. That has the potential to add up to significant compensation. It is important to note that the more documentation you have, the better. But it is not necessary. We can subpoena phone records. If you do have more detailed information like who you talked to and what you talked about, this can help us prove your case.
 
Call an Expert TCPA Lawyer Today
Many debt collectors and solicitors break TCPA law because they think they can get away with it. Often, they do. But you do not have to put up with the abuse and harassment when these companies violate TCPA regulations. Take your life (and phone) back and take advantage of the benefits of hiring an attorney to handle your TCPA case.
At Wenzel, Fenton, Cabassa P.A., our attorneys are here to help. We are expert TCPA lawyers that fight aggressively to seek justice and hold companies accountable for breaking the law.
Contact us today to set up a free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### TCPA Violations: Do You Have a Case?
Note: Our firm does not handle TCPA cases directly; we work with trusted attorneys who do. If you contact us about a TCPA matter, your case may be referred to another lawyer or law firm.
Creditors and cyberbullies commit TCPA violations every day. Consumers receive repeated phone calls when they shouldn’t, even though it’s against the law. Congress enacted the TCPA to prevent this harassment — but the law is frequently ignored by aggressive companies.
Do you think you have a case against a company for TCPA violations? 
Understanding the basics of TCPA violations is important to know if you may have a case.
What is TCPA?
The Telephone Consumer Protection Act (TCPA) protects consumers across the United States —restricting the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages. The TCPA applies to both debt collectors and telemarketers.
TCPA Violations

The TCPA does not protect consumers from all calls, but it does cover a lot of ground when it comes to consumer protection. These rules are strict and can result in harsh penalties if broken. Here are some of the common ways that debt collectors and telemarketers violate the TCPA:
When they call: It is unlawful for them to call you after 9 pm or before 7 am local time.
How they call: It is unlawful for them to call you with an artificial voice message, recording, or an automated call (robocall), and to do so without your consent.
Who they call: It is unlawful for them to call you if you are on the national do-not-call registry or the company’s do-not-call list.
What they say: It is unlawful for third-party solicitors to call you on behalf of a creditor and not identify themselves. They have to provide the company name and their contact information.
Are any of these TCPA violations what you have experienced? If so, you may have a case. As mentioned above, there can be severe penalties for violations of TCPA regulations. Did you know that you may be entitled to up to $500 per call? In addition, penalties increase if the calls are deemed “willful.” If that is the case, you may be entitled to up to $1500 per call.
The more documentation you have of any TCPA violations, the better — including dates, times, who you talked to, and what you talked about. This helps to prove your case. But it is not required. It is common for cell phone records to be subpoenaed in TCPA cases.
Consumer Rights Attorneys Take on Creditors and Telemarketers to Demand Justice
Companies should be held accountable for their harassing actions. A consumer protection attorney works aggressively to stand up to many kinds of creditors and telemarketers across the United States. They understand the complexity of TCPA law — and can help you make the best legal decisions when it comes to dealing with TCPA violations.
Wenzel Fenton Cabassa, P.A. takes on creditors and telemarketers to demand justice and hold them accountable for violating the law. We handle all consumer rights cases with you and your family in mind.
Contact us today to set up a free, confidential case evaluation. You deserve to have legal representation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Telework- A Curse and a Benefit
The COVID-19 pandemic has dramatically expanded the meaning of “workplace.” With many more people teleworking than ever before, our living rooms have become offices and, unfortunately, our “workday” is not always well-defined. Teleworking does have many benefits, particularly to help people stay safe and healthy, but it can also be a curse.
Even when employees are not technically at the typical work site — you still have rights. There are employment laws in place that protect you from getting taken advantage of by an employer willing to violate the law.
How Teleworking Can Be a Curse
The primary curse when it comes to teleworking is all about time. There is no punch clock at your home or a wave goodbye to co-workers at the end of the workday saying, “See you tomorrow!” Those easy signals that you have put in a good day of work and are ready for your personal time to begin are absent when you are teleworking.
Do you get up early or stay up late to write emails, take calls, attend meetings, perform projects, or other types of work? This type of behavior is all too common — and people are often not appropriately paid for their actual working time.
Your boss might say, “You should feel lucky to work from home. Not everyone gets to do that.” This is definitely true. But, that does not mean that you are required to work all the time or have unlimited accessibility to perform work duties. Employees have a right to receive fair compensation, whether they are working at the job site or taking care of their work responsibilities at home.
If you have unpaid wages, commissions, or bonuses, it would be advisable to consult with an experienced employment attorney. The same goes for overtime. Have you been expected to work 50, 60, or even 70 hours per week at home, qualify for overtime, and have not been paid for it? Your rights to fair wages may have been violated.
The FFCRA and Teleworking
The Families First Coronavirus Response Act (FFCRA) was passed in April of 2020 and amended in September. Administered by the Wage and Hour Division of the Department of Labor (DOL), the FFCRA provides 80 hours of COVID-19-related emergency paid sick leave for qualified employees. It also allows for 12 weeks to care for a child if the childcare provider or school is closed or unavailable due to COVID-19. The Act is effective until December 31, 2020. Potentially, there could be new COVID-19 relief coming in 2021 for employees and families across the country. It is always important to keep updated on any changes that may affect your employee rights.
Teleworkers are not excluded from the FFCRA.
What Employees Can Do to Help Ensure a Fair Wage
Organization and documentation are an employee’s best assets when you are teleworking. Acquire a ledger or keep a file on your computer of your actual time worked, including activities such as phone calls, emails, and project work before or after regular working hours.
You also may be eligible to be paid for commuting for required meetings even if your “office” is your home. Keep all HR records available to you, such as employment contracts, employee handbooks, and other HR policy materials (hard copy or digital). All of this can serve an important role in ensuring a fair wage.
Teleworking & Employee Rights
Even though there are benefits to working from home, that does not mean you have to suffer the consequences of employee rights violations. Understand you deserve what you are lawfully owed, document and detail your time as much as possible, and contact an employment law attorney if you feel your rights have been violated.
Wenzel Fenton Cabassa, P.A., is the employee’s law firm— a tireless legal team fighting for your rights.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### The Best Time to Tell Your Employer You’re Pregnant
Your employer cannot discriminate against you because you’re pregnant. You can’t be turned down for promotions or projects, or terminated based solely on your pregnancy. However, some employers push the anti-discrimination law to its outer limits.
If you think your employer will react badly to your happy news, announce it at the best possible time by:
Correlating it with a Big Win
Make your announcement after something large at work has just wrapped up, such as landing a new client; or a large project was just finished. Announcing your pregnancy after a major company or job milestone, will have your employer thinking highly of you.
While pregnancy discrimination is illegal, it’s difficult to prove. If you have an upcoming review scheduled, wait until a couple of weeks after that to tell your employer to ensure your pregnancy doesn’t affect the review.
Wait until after the First Trimester
Historically women have done this because of the increased possibility of miscarriage. However, if you wait to tell your employer until you are further along, your employer will see it hasn’t affected your ability to continue to be a valuable part of the team. If you announce early, your boss may be thinking of all the missed work and department issues they’ll be having to compensate for your lack of productivity.
Wait Unless…
There are a handful of reasons not to wait.
If your job is very stressful or physically demanding, telling your employer as soon as possible will mean fewer dangers to your health and the baby’s. If your boss will need to reassign you, telling her/him earlier rather than later is best for everyone involved.
If you have had severe complications with previous pregnancies or with this one, being honest about what’s going on is best, especially if you want to continue working for your employer after the baby is born. Handling the situation professionally and early will help you maintain that relationship afterwards.
The employer offers pregnancy benefits and programs. Some employers offer pregnancy benefits such as classes and monitoring that may be advantageous to begin as soon as possible. Don’t try to sneak into the health clinic to participate without telling your boss. Be upfront about your pregnancy if you’d like to participate and they’ll appreciate it far more than hearing the news from someone else in the company.
Create a Plan
Familiarize yourself with your company’s maternity leave policy and programs. With those in mind create a plan and present it to your employer. You’ll want to include the amount of time you’re taking off and whether you’re looking for unpaid time as well. Being honest about how much time you’ll need will help your employer cover your workload while you’re gone. The sooner s/he can make provisions, the better your boss will feel about it.
If you feel you’ve been discriminated against due to announcing your pregnancy, or taking maternity leave, contact Wenzel, Fenton, Cabassa P.A. today to schedule your free case evaluation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### The Best Way To Ensure Overtime Pay
Become Your Own Record Keeper
Wage and hour laws at the State, Federal, and Local levels impose an obligation on your employer to keep records of time worked and wages paid to employees.
Your paystub should include most, if not all, of this information.
Unpaid Overtime Can Go Unnoticed If You Don’t Check Your Paystub
Quite often, the information on the paystub is not accurate. Or perhaps you were with a check that does not include detail for hours worked.
Many cases alleging a violation of the wage and hour laws sit unnoticed for years before some seemingly unrelated event occurs that makes an employee question the employer’s pay practices.
We urge you to take a look at your paystubs and timesheets now (yes, the sign-in/sign-out sheet you sign every week without really looking at the time entries).
Your employer may not record all of the hours you actually work and the calculation of wages earned (and any overtime earned) may not comply with the law.
How To Check Your Paystub For Unpaid Overtime
When reviewing your paystub, ask yourself the following questions:

Are all the hours you’ve worked reflected on that paystub?
Did you report to work and begin working before the time your employer enters on a timesheet?
Did you work through what is recorded on-time records as a lunch break?
Did you take your tablet, cell phone, or other electronic devices home and continue to answer calls and emails after hours?
Did your private (non-governmental) employer give you “comp time” instead of paying you for hours worked?

Now that you are looking at these records, do you find that you worked more than 40 hours in a workweek?
Even if you are paid a weekly salary, if you are not “exempt” as that term is defined under the Fair Labor Standards Act were you paid an overtime premium?
Calculating overtime is not as simple as it may seem.
Calculating Your Owed Unpaid Overtime
If you are working over 40 hours and have any doubt as to whether overtime is properly calculated, an experienced overtime attorney can quickly review your personal circumstances and provide guidance on this point.
If you have discovered errors in your paycheck, all is not lost.
First, you can bring the error to the attention of your employer and you have every right to expect the employer to correct the error.
Second, if that does not happen, you have the right to sue your employer for unpaid wages and unpaid overtime.
The obvious question is how will you prove your claim for unpaid wages.
Proving Your Unpaid Overtime Claim In Court
A court may find your employer liable for wages and damages upon no more than an employee’s testimony regarding the hours he or she works. The employer’s failure to produce accurate records to rebut an employee’s testimony, even if the employee is only able to offer “approximate” hours, may result in a full award to the employee.
However, in any discussion with your employer to resolve a conflict or legal action, credibility is an issue.
You may avoid a legal dispute altogether if you can back up your complaints.
If legal action is necessary, you need the jury to believe your estimate of hours worked.
The solution: Become your own record keeper.

Keep your old pay stubs and any written communication between you and your employer about your rate of pay, hours worked, and complaints you make about your pay and the employer’s response.
Get in the habit of recording the time you start and stop work.
Record break time but only if you are relieved of all of your work responsibilities during the time your employer labels “break time.”
Record time spent away from your workplace before and after your regular workday answering phone calls, responding to emails or text messages, writing reports or setting up client meetings.
Keep copies of your phone bills, which will reflect the time on incoming and outgoing calls (yes, you can request this detailed report from most cellular carriers even if it is not included on your regular monthly bill).
Keep copies of other computer records, which have time/date stamp.

At Wenzel, Fenton, Cabassa P.A., we want to help you collect the wages you have earned. The records you keep may make the difference in the results we can obtain for you in a wage dispute.
If you have any questions about a potential wage-hour claim, please give us a call for a free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### The EEOC Claim Process: How Long Does It Take?
The Equal Employment Opportunity Commission (EEOC) is a neutral third party that investigates employee claims of discrimination in the workplace. Anyone can file a complaint with the EEOC if they believe they’ve been discriminated against by their employer, or if they believe their employer has acted out of retaliation.
However, not every claim will make its way to litigation. In fact, only a small fraction of the claims  the EEOC investigates end up going into litigation, and this is one reason why it’s important to file a claim with the EEOC as soon as possible. Don’t wait before the statute of limitations runs out and take advantage of your records and memories of the incident still being fresh.
The EEOC process can be extremely lengthy, taking up to a year, or longer, from the time you file a Charge until you receive a determination from the EEOC. The EEOC makes different types of determination ranging from a “cause” finding to a “no cause” finding. No cause findings are the most common determination made by the EEOC. This means that the EEOC has concluded no unlawful discrimination occurred based upon the evidence obtained in its investigation, and the charging party may then file a private lawsuit. Reasonable cause determinations are far less common and are generally followed by EEOC efforts to conciliate the discriminatory issues which gave rise to the initial charge.
How Does the EEOC Claim Process Work?
Exactly how long your EEOC investigation will take depends on several factors. First, the specific charges that are filed can factor into how long the EEOC process takes. The different types of discrimination that you can file an EEOC claim against include:

Age (if you’re 40 or older)
Disability
Equal compensation
Genetics
Harassment
National origin
Pregnancy
Race
Religion
Retaliation
Sex
Sexual harassment

The company under investigation will need to provide statements and documents to the EEOC, which will vary depending on the type of investigation. The EEOC process may also involve the EEOC conducting interviews or “on-site” inspections. How long the EEOC takes to conduct interviews and gather the required paperwork and documentation varies from investigation to investigation. Some companies are more prompt than others in giving the EEOC everything it needs to conduct the investigation, which helps speed up the EEOC process. Others do not participate at all, which dramatically impedes the process.
Understanding the EEOC investigation process
The EEOC has a process for investigating claims of discrimination and retaliatory practices at companies. Here’s a rundown of what to expect when filing a claim.
The EEOC will contact the company within 10 days
The first part of the EEOC process is to contact the company within 10 days to let them know a claim has been filed against them and what that claim is. The company or organization will be able to log in to a secure website to look at the claim and decide what action to take next.
The company may decide to settle the claim without an investigation
Many charges filed with the EEOC are resolved by the company and the party making the claim through mediation or settlement. These are voluntary processes that take less time to resolve than litigation. It’s also usually less expensive than litigation for both parties. It’s possible the employer may make some type of financial payment to the person filing the claim.
If you file a claim with the EEOC and decide to participate in mediation with your current or former employer, make sure you have a lawyer you trust by your side to ensure you the mediation process is fair. Even though it’s not the same as going to court, mediation is still a formal process that involves heavy negotiation. Based on our professional experience, you’ll want someone who has been through the process before and knows exactly how to negotiate the best deal for you.
If you don’t go through mediation, the EEOC will continue with their investigation
If you don’t go through mediation or settlement, it’s likely because you either don’t want to or because your case isn’t deemed eligible for mediation by the EEOC. The next step in the EEOC process is a formal investigation. This is where both you and your employer provide information to the EEOC, which the assigned EEOC investigator analyzes before making a recommendation on whether to pursue an unlawful discrimination case.
Things the EEOC might ask your employer to do may include:

Submit a statement of position, in which the organization gets to tell its version of the story.
Fill out a request for information (RFI) that the EEOC sends. This can ask the organization to submit documents such as personnel files, policies, and other information that’s relevant to the case.
Allow the EEOC to make an on-site visit to the organization, sometimes in place of an RFI if the information is easily accessible on-site for the investigator to see. The visit often expedites the process, so if your organization agrees to one, it could shorten the amount of time it takes for you to get the results of your EEOC investigation.
Make employees available for witness interviews. There can be an organization representative present during management interviews, but the EEOC investigator can interview anyone below the management level without having others in the organization present. Investigators can also conduct interviews with non-management employees without the employer’s permission.

If your employer cooperates, the EEOC process will be that much smoother for all parties involved. If the organization under investigation refuses to cooperate, however, the EEOC can still obtain the documents they need in addition to getting testimony and access to the facilities by issuing a subpoena to the organization. This will, of course, take longer and drag out the investigation, which is why it’s hard to say exactly how long your EEOC investigation will take.
The EEOC investigator will make a recommendation
After reviewing relevant documents, exploring on-site facilities, and interviewing witnesses for both the claimant and organization, the EEOC investigator will make a recommendation. There are three ways it can go:

If the EEOC does not find there is reasonable cause to believe that the organization committed an act of discrimination, then you (the charging party) and the organization will receive a Dismissal and Notice of Rights notice from the EEOC. With this notice, you can still file a lawsuit in federal court if you do so within 90 days of receiving it.
If the EEOC finds that there is reasonable cause to believe that the organization committed an act of discrimination, then you and the organization will receive a Letter of Determination. This letter states that the EEOC finds there’s reason to believe an act of discrimination took place, and this is an invitation for you and your employer to seek resolution through the informal process of conciliation.
If conciliation is unsuccessful in resolving the claim, then the EEOC can file a lawsuit in federal court. If the EEOC decides not to file a lawsuit, then you’ll get a Notice of Right to Sue, which allows you to file a lawsuit in federal court within 90 days of receiving the notice.

What to expect from your investigator during the EEOC process
Though the EEOC process is straightforward, events don’t always happen in a quick, linear fashion. No matter what your claim is, there are several things you should expect from your EEOC investigator throughout the EEOC complaint process, such as:
The EEOC will:

Always be available to answer your questions about any part of the investigation.
Give you status updates throughout the investigation when prompted.
Give you and the organization under investigation a copy of the rights and responsibilities of the parties.
Allow the organization to make a response to the allegations so both sides have a fair chance to make a statement about the claim.
Conduct the investigation as timely as possible, given the nature of the claim and the level of cooperation given by the organization being investigated.
Inform the claimant and the organization of the outcome of the investigation once the EEOC investigator has made a decision.

Take action today!
Your case is a ticking clock, and time may be running out.  If you believe you’ve been wronged by your employer, speak with an employment law attorney at Wenzel Fenton Cabassa, P.A. to preserve your rights. 
If you’re ready to file a claim with the EEOC, or if you’ve recently done so, contact us today. You’ll want a lawyer involved as early in the process as possible to ensure you’re getting the best outcome from an EEOC investigation.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### The Fair Labor Standards Act (FLSA) and Employee Rights
The Fair Labor Standards Act serves as a powerful protector of employee rights across Florida and the United States. Workers in many industries, from retail to hospitality and healthcare to manufacturing, have the FLSA on their side to ensure they get the pay they are entitled to as mandated by federal law.
What is the Fair Labor Standards Act (FLSA)?
The Fair Labor Standards Act of 1938 is legislation that established a minimum wage in the U.S. It continues to protect workers across the country. The parameters of the FLSA are enforced by the Department of Labor’s (DOL’s) Wage and Hour Division. Its intention is to protect workers from unfair pay practices by their employers.
The FLSA has seen updates over the years. The four primary standards set by the Fair Labor Standards Act include:

Minimum wage requirements.
Labor regulations regarding interstate commerce employment.
Overtime pay requirements.
Limitations on child labor.

It covers qualified employees paid by the hour or salary (under a certain amount).
Overtime
If you work more than 40 hours in one workweek and qualify for overtime under the Fair Labor Standards Act, you are entitled to “time and a half” of your regular wage for those additional hours. For example, if you earn $12.00/hour and work 50 hours in one workweek, you should receive $18.00/hour for those extra ten hours. Failure by your employer to abide by these FLSA guidelines violates the law.
Minimum Wage
The Fair Labor Standards Act guarantees the federal minimum wage of $7.25/hour. However, states that have their own minimum wage laws supersede the FLSA. In 2020, Florida voters approved Amendment 2, approving a gradual increase in minimum wage each year, beginning in 2021-2026. In Florida, the current minimum wage is $10.00/hour ($6.98/hour for tipped employees). Subsequent increases, beginning in September 2022, are:

2022: $11.00/hour or ($7.98/hour tipped wage)
2023: $12.00/hour or ($8.98/hour tipped wage)
2024: $13.00/hour or ($9.98/hour tipped wage)
2025: $14.00/hour or ($10.88/hour tipped wage)
2026: $15.00/hour or ($11.88/hour tipped wage)

There is a significant difference between the State of Florida and the federal minimum wage. When employers pay employees the federal and not the state minimum, this can add up to a tremendous amount of lost wages.
Important note: Minimum wage laws do not cover everyone, and the Fair Labor Standards Act does not protect many employees of smaller employers. Employees of businesses with gross revenue of less than $500,000 per year standardly do not have to pay the minimum wage, which is considered “enterprise” coverage.
However, employees of small employers may be covered “individually” under FLSA law. These are employees who are engaged in commerce or engaged in the production of goods for commerce.
As experienced FLSA attorneys, we have found that due to the liberal interpretation of the FLSA, most employees are subject to the FLSA’s individual coverage. Contact us for a free case evaluation if you believe your minimum wage rights have been violated.
What is FLSA Status?
FLSA status is when employees are considered either nonexempt or exempt from minimum wage rules and overtime pay. Your FLSA status will depend on your job duties and how much you get paid.
Generally speaking, “blue-collar” workers, emergency workers, law enforcement personnel, and other workers not in executive and managerial positions, as well as certain professionals, are considered nonexempt employees.
Who Is Exempt from FLSA?
There are five common FLSA exempt status categories. Some may be intuitive, and some may surprise you. These workers are paid more than minimum wage and are not eligible for overtime under the parameters of the Fair Labor Standards Act.

Executives — including management with at least two full-time employees under your supervision, where you are involved in the decision-making process, such as hiring and firing; management of at least two full-time employees or their equivalent; and business owners, which are those that have at least a 20% investment in the business.
Administrative positions — your duties would be “directly related to management or business operations.”
Certain Professionals — including employees whose work requires “advanced knowledge and training.” Examples of exempt professionals are in legal, academic, or scientific fields. Creative professionals whose primary pursuit is artistic in nature are also not eligible.
Certain Computer and Technical Professionals — earning at least $27.63/hour or at least $684 per week on a salary or fee basis, according to the definition in the Fair Labor Standards Act.
Outside Sales Representatives — no salary basis but must (1) have primary duties as making sales, according to the definition in the Fair Labor Standards Act, or be involved in obtaining orders or contracts for services – or the use of facilities – that a client or customer is paying for; and (2) their duties are customarily performed away from the employer’s place of business.

Common Violations of the Fair Labor and Standards Act
There are three common violations of the Fair Labor Standards Act. Employees suffer the consequences when employers intentionally or mistakenly commit these violations.

Misclassification —an employer misclassifies an employee as an independent contractor. Employers can control what work is being done and how for employees. Independent contractors can control the means and methods of how the work is being done to get the results. Independent contractors are not entitled to overtime pay or the minimum wage.
Unpaid Wages — minimum wage violations, unpaid overtime, unauthorized deductions, unpaid business travel exceptions, substituting interns for employees, making employees work “off the clock,” and combining workweeks.
Retaliation — mistreatment or another form of adverse employment action such as a demotion, a cut in pay, or termination after an employee objects to violations of the FLSA.

If your rights have been violated, you need to file an FLSA complaint to hold your employer accountable and receive a fair resolution, including any owed compensation.
How to File an FLSA Complaint
The Wage and Hour Division of the Department of Labor handles complaints about FLSA violations. The information you need includes

basic personal information and company information,
type of work,
how and when you were paid, and
any additional information, such as copies of pay stubs, personal records of hours worked, or other information on your employers’ pay practices.

When to Contact an FLSA Attorney
When filing a complaint, speaking to an FLSA attorney is highly recommended. With experienced legal representation, you can be confident that your claim is comprehensive, strong, and filed correctly.
Take action as soon as possible because there are statutes of limitations in filing a complaint about unpaid wages or other FLSA violations. Do not wait too long and lose the back pay that has been denied to you by your employer. If you are still with your employer, there are protections in FLSA law against retaliation. If you are no longer with the employer who you believe violated your rights, you can still file a claim if the statute of limitations has not expired.
Contact Wenzel Fenton Cabassa, P.A. today for a free, confidential case evaluation. We are the employee’s law firm, fighting tirelessly for workplace justice.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### The Family and Medical Leave Act of 1993
The Family and Medical Leave Act of 1993 (FMLA) is a federal law brought forth under the Clinton administration intended to balance the demands of the domestic industry with the needs of families.
Family and Medical and Leave Act (FMLA)
The FMLA allows eligible employees to take up to 12 weeks of unpaid leave during any 12-month period for the purpose of attending to a serious illness of the employee, of the employee’s parent, spouse or child, for pregnancy or care of a newborn child, for adoption or foster placement of a child, or to care for an injured service member in the family, without fear of job loss.
Afraid Of Losing Your Job?
If you find yourself hospitalized or caring for a qualifying relative and are worried that you may lose your job, you may not be forced to choose between work and your family’s health. The terms of eligibility for FMLA leave are fairly simple, but make sure to check the details that apply to you. Generally, in order to qualify, an employee must have been employed at the business for at least 12 months and have worked at least 1,250 hours within that time.
However, not all businesses are required to allow family and medical leave. The law applies only to businesses or their satellite installations that employ 50 or more people within a 75-mile radius of the employee’s worksite. In addition, virtually all public-sector employers offer FMLA.
Prepare Yourself And Be Thorough
If you’re wondering about whether to apply for FMLA benefits, be prepared to do a little homework. You may not need the services of an attorney, but you’ll almost certainly have to fill out some paperwork for your employer’s Human Resources department. However, bear in mind that they’re there to help you in difficult moments like these. It’s a bureaucratic process when least convenient, so do your paperwork with attention to detail.
Specifics of the law are available on the U.S. Department of Labor website, which is a great place to answer many questions about a particular aspect of your own situation. If, after speaking with your Human Resources department, you need help determining your FMLA eligibility, speak with an employment lawyer specializing in this type of law.
Family and Medical Leave Act Resources:





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### The Fight for Employee Rights: IBM Sued for Age Discrimination
Age discrimination occurs all too often across Florida and the United States. However, employees are seeking justice for these unlawful acts — holding employers accountable for their actions — from small businesses all the way up to large corporations.
The technology giant IBM is being sued for alleged age discrimination in a recent filing of a class action lawsuit in federal court in Manhattan. The suit was filed on behalf of three former IBM employees. The complaint in the lawsuit claims that the company discriminated against them due to their age when it fired the individuals.
The Lawsuit: Background & Details
Prior to the filing of the age discrimination lawsuit, an exhaustive report was published by ProPublica — a nonprofit newsroom based in New York City that produces investigative journalism in the public interest. In the report published in March of this year, the publishing outlet said that IBM had fired, over the last six years, more than 20,000 employees older than forty. The report made the case that this firing of older workers was executed systematically, which could equate to age discrimination.
In an additional effort surrounding IBM’s firing practices, the United States Equal Employment Opportunity Commission (EEOC) has combined numerous complaints against the tech corporation into one targeted investigation.

Age Discrimination: Legal Protections
Federal law prohibits most employers from discriminating against job applicants and employees on the basis of age. The law that covers most employees 40 years of age and older is titled the Age Discrimination in Employment Act (ADEA).
Employee rights attorneys work hard each day to protect the rights of workers, utilizing the ADEA and other laws against discrimination to seek justice and protect workers from unlawful acts. Age discrimination can occur in:

Hiring — including interviewing, job postings, and more
Training — including access to important company training and development needed for promotions
Benefits and Compensation — including raises, health insurance, and bonuses
Promotion — when other less experienced employees get promoted instead of an older worker
Firing and Layoffs — getting targeted to be released from your position specifically because of your age

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Employee Rights Lawyers Fight for Justice Against Age Discrimination
Workers of all ages have certain rights and should not have to deal with the damages that age discrimination can do to careers, financial health, and personal well-being. Employee rights lawyers help workers just like the former IBM employees every day. They know the complexities of the ADEA and work within the court system to hold employers accountable.
The outcome of the IBM class action suit is not yet known, but a finding for the plaintiffs of the lawsuit could potentially bring its former employees hundreds of millions of dollars.
Do you feel like you may have been discriminated against because of your age? Wenzel Fenton Cabassa, P.A. brings deep expertise and experience, helping people just like you work with the complex laws against age discrimination — bringing careers back on track, pursuing potential monetary damages, and stopping unlawful practices in the workplace.
Contact us today to set up a free confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### The Hard Lesson Brown & Brown Learned about Pregnancy Discrimination
Under the Pregnancy Discrimination Act (PDA), “an employer cannot refuse to hire a woman because of her pregnancy-related condition as long as she is able to perform the primary functions of her job.” Women who are let go or not hired because they are or may become pregnant may lose not only valuable income but also health insurance and other work benefits during a time when their budgets may already be tight.
Pregnancy discrimination is still a major issue in the United States and particularly in Florida, which ranked eighth for the highest share of charges relative to the number of women in the workforce between 2011 and 2015. In one recent case in Daytona Beach, a job offer was withdrawn by a brokerage firm when they found out the job applicant was pregnant.

Fired from your job because you are pregnant?
Discover how to protect your rights with our free guide.
GET YOUR COPY

Equal Treatment for Pregnant Employees During the Hiring Stage
According to the Equal Employment Opportunity Commission (EEOC), in 2015 Brown & Brown Insurance Brokerage Firm made a written job offer to the job applicant, along with start dates and an employment agreement for the position of “personal lines technical assistant” at its Daytona Beach office.
After the offer was made, the applicant expressed her interest through email and inquired if she could ask some questions about the position. A couple of hours later she spoke to the department leader’s assistant and asked about maternity benefits because she was pregnant. According to the suit, the assistant promptly informed the department leader about the candidate’s pregnancy. Minutes later the applicant received an email that retracted the job offer, saying that the firm “had a very urgent need to have somebody in the position long term . . . We appreciate you telling us beforehand.”
As a result of the rescinded offer, the applicant brought a case against Brown & Brown for pregnancy discrimination, which violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. The EEOC first attempted to reach a pre-litigation settlement through its conciliation process, but when that was unsuccessful, it filed suit in U.S. District Court for the Middle District of Florida, Tampa Division.
Brown & Brown eventually reached a settlement with the plaintiff, agreeing to pay $100,000 and providing significant relief, which includes adopting a policy addressing pregnancy discrimination. The firm will provide training on sexual discrimination, and specifically pregnancy discrimination, to its managers, supervisors, and HR personnel at its Daytona Beach location and all of its employees throughout Florida. In addition, the firm will be required to provide information as it relates to pregnancy discrimination complaints to the EEOC during a two-year monitoring period.
The Pregnancy Discrimination Act mandates that pregnant employees or job applicants have to be regarded in the same manner as non-pregnant employees or applicants who have the same ability or inability to work. As EEOC Miami District Regional Attorney Robert Weisberg stated,
“The decision to hire should be based upon an applicant’s qualifications, not stereotypical assumptions about pregnancy, motherhood or other caretaking responsibilities.”
At Wenzel Fenton Cabassa, P.A., we advocate for equal treatment in the workplace and take discrimination seriously. Please access our Guide to Protecting Yourself Against Pregnancy Discrimination Guide today or call us to schedule your free case evaluation.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### The Latest Debate: Raising FMLA Maternity Leave Standards in US
The United States is the only industrialized country without paid maternity leave for new mothers. There is no federal mandate providing paid FMLA maternity leave to working mothers caring for newborns in America. This puts new mothers in an incredibly tough situation, especially when they are the primary income earner or “head of household”.
A single mother and child has it the “roughest” with no paid FMLA maternity leave.
The current regulations under the Family and Medical Leave Act (FMLA) offer a new mother a total of 12 weeks of unpaid leave for serious medical conditions and prenatal care associated with the pregnancy and to recover from the delivery and care for her newborn.
Besides the care of a newborn, a woman must recover from the act of childbirth. On top of this, new moms and newborns have a long list of doctors’ appointments, sleepless nights, dedicated times throughout the day and night for breastfeeding (which can cause physical pain if neglected), and adjustments to make before returning to normal hormone levels and regular mental-emotional and physiological balance.
Having a baby is tougher on mothers than America would like to admit.
According to The Atlantic, “When it comes to a new baby or a sick family member, 88 percent of the American workforce has no access to paid leave, and half of new, working mothers are ineligible even for the Family Medical Leave Act’s unpaid leave.”
There are three states in the United States that provide for paid medical leave, California, New Jersey, and Rhode Island. According to The Atlantic, “Employees (and in New Jersey, employers as well) pay regularly into a fund built onto the state’s temporary disability-insurance program. When workers take leave for births, adoptions, sick relatives, or their own illnesses, they are paid out at a percentage of their typical income.”
California’s paid medical leave program is called the Paid Family Leave Act (PFL) and was the first of such programs taking effect in 2004. It is funded by employees and provides 55 percent of wages for up to six weeks. Of the 1.7 million claims made between 2004 and March 2015, a majority were made by new parents.
Following the implementation of California’s Paid Family Leave Act, the California Chamber of Commerce was expecting the consequences to result in a loss of jobs and heavy burden on employers with $2.5 billion in costs per year. Despite these fears, the worst has yet to happen. In fact, the results showed in a 2011 study that in 90 percent of the firms surveyed, the PFL had a positive effect on things like productivity, morale, and even profits. Not only did the PFL have a positive effect on the ability for workers to arrange childcare, it also doubled the average time new mothers were able to breastfeed their children.
In addition to the three states that already provide for paid family medical leave programs, Washington, Connecticut, and New York are in the process of formulating new paid medical leave programs for new parents and/or caregivers. Despite this, no significant effort has been made to establish a national rule that provides paid FMLA maternity leave to hardworking mothers across America.
Have you been fired or otherwise suffered adverse employment action because of your pregnancy?
The best thing you can do if you’ve experienced pregnancy discrimination is speak to an experienced employment lawyer. Call Wenzel Fenton Cabassa, P. A., to set a free confidential case evaluation today.
SOURCES:
Paid Maternity Leave: Inside the Debate and What It Means for Your Business
Work in the Only Industrialized Country Without Paid Maternity Leave
Life in the Only Industrialized Country Without Paid Maternity Leave

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### The One Thing You Don't Want to Do in a Whistle Blower Case
NSA Caught Destroying Evidence in a Whistleblower Case
Destroying evidence in an on-going investigation is against the law, but when the National Security Administration (NSA) destroys it as part of a whistleblower case against the NSA, that’s —
what can we say? — extremely inadvisable.
The Story of an NSA Whistleblower
Thomas Drake was a senior executive at the NSA for seven years. When he advised his superiors of illegal actions, mismanagement, and rampant waste of resources at the NSA, his complaints were ignored. Instead of seeking legal counsel and launching a whistleblowing case, he turned to the court of public opinion and gave the information to a reporter. Although he used encrypted email, his indiscretions were caught.
The NSA deals seriously with security breaches and Drake was brought up on a 10-count charge under the Espionage Act by the Obama Administration. He later pled to a misdemeanor and received community service.
In 2002-2003, Drake was part of a whistleblower case group working with congressional and Pentagon Inspector General inquiries scrutinizing the NSA’s surveillance programs. When Drake’s attorneys approached the Pentagon for papers related to these findings and their client’s participation, they were told the requested items were destroyed “pursuant to a standard document destruction policy.” Thus, they couldn’t be provided to the investigators.
Drake’s current attorney investigated these claims and found out no standard document destruction policy exists. In fact, they have a retention policy, that such documents should be kept. No one knows what was in these documents and it appears they never will.
This matter is now in the hands of a federal judge to figure out whether the U.S. government destroyed documents involving a known whistleblower case.
Whistleblower Protection in the Workplace
While the details of this case are somewhat different due to the involvement of the NSA and matters of national security, whistleblowers are afforded levels of protection under the law. The Whistleblower Protection Act of 1989 protects federal employees who report agency misconduct. An agency cannot take retaliatory action, or threaten to take it, because of disclosure of information by that employee.
Whistleblowers may file complaints that they believe shows evidence of:

violation of a law, rule or regulation
gross mismanagement
gross waste of funds
an abuse of authority
a substantial and specific danger to public health or safety

The Office of Special Counsel hears these federal complaints. In 2008, the office was riddled with a scandal amidst allegations that then Special Counsel, Scott Bloch, deleted computer files following complaints that he had retaliated against employees who disagreed with his policies. He later resigned during the FBI investigation.
Florida also has its own Whistleblower’s laws- one which protects employees of private employees and a second which applies to the public sector. The Private Whistleblower Act makes it unlawful for employers to terminate employees for uncovering, objecting to, or reporting violations of state and federal law. Many companies are worried about ethics and have their own whistleblowing hotlines. Reports can be made there or to a governing agency. Once you’ve reported the wrongdoings, and an investigation is under way, they cannot fire you or retaliate against you in any way because you engaged in whistleblower activities. If they do, it’s against the law.
Are you being retaliated against by your employer after uncovering and reporting unlawful activity by your employer? If so, you need to protect your rights as an employee immediately. Contact Wenzel Fenton Cabassa, P.A. today. The initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### The Ongoing Debate over the Department of Labor’s Overtime Rule
Last year, the U.S. Department of Labor (DOL) proposed changes to the minimum salary requirements (an increase in the minimum threshold from $455 to $913 a week) which would have resulted in some salaried workers becoming eligible for overtime who had not been previously eligible because they earned a salary over $455 per week. Rather than give salaried workers a raise and maintain the exemption from overtime, many employers transitioned their salaried managers and supervisors to hourly.
By doing so, they may have thought they were saving themselves some money by not giving these employees raises to meet the new threshold of $913 per week. This cost-saving measure may have had unintended consequences. By becoming hourly employees, these individuals became eligible for time and a half (1.5 times their regular pay rate) for all hours worked over forty hours in a workweek regardless of their hourly rate because they were no longer paid a salary which is a requirement for the overtime exemption.
Although current Secretary of Labor Alexander Acosta has publicly stated that the overtime salary threshold would be less than the $47,476 ($913 per week) threshold proposed under the Obama Administration, he has recommended that the minimum salary level should be increased. After all, the current threshold of $23,660 ($455 per week) hasn’t been increased since 2004.

Employers Reclassifying Employees Ahead of a New Overtime Rule
Unfortunately, because many employers made the preemptive switch and reclassified some of their employees from exempt to nonexempt status prior to the November 2016 injunction on the proposed Obama overtime rule, these individuals are not guaranteed a salary as they were previously as exempt workers. So if there’s not as much work for them, they may have to work fewer hours in a week and will only be paid the hours they work.
On the other hand, there are instances in which their employers are asking them to work more than 40 hours a week and not paying them time and a half, which they are guaranteed under the Fair Labor Standards Act (FLSA). Practically speaking, the manager’s job did not change. The manager is probably still being asked to do the same work as before the switch to hourly paid. Rather than allowing their work to suffer, many managers will simply work off the clock as requested to get the job done. These hourly paid managers are entitled to overtime pay and many are not being paid that overtime which has been earned. In some instances, the company may not realize they have failed to pay these managers properly but in others it is clear that the failure to pay overtime is a willful violation of the law- an effort to avoid the increased costs of overtime work. Many managers are afraid to complain out of fear of retaliation.
Conversely, some employers raised their employees’ salaries or adjusted their work hours so that they wouldn’t have to pay them time and a half. In addition, once the injunction put a stop to the new overtime regulations, other employers reversed course and took away the raises they instituted. Although these policies are unfair to employees, employers are legally entitled to make these changes.

What Does the Future Hold for the Overtime Rule?
Secretary of Labor Acosta has suggested that the overtime salary threshold should be somewhere around $33,000, which would account for the inflation rate and the increased cost of living since 2004. However, there are regions of the country where a higher overtime threshold would put more of a burden on employers due to lower cost of living.
What’s more, there are many advocates for further modification of the overtime rules to eliminate the “salary-basis” overtime requirement altogether in favor of focusing on a particular job’s duties in determining exempt or nonexempt status. Some employment law defense firms have suggested that the DOL should eliminate the “salary basis” and “salary requirements” and instead consider employee’s’ overall compensation in relation to that of non-exempt employees.
Regardless of what happens with the overtime rule during the coming months, employees, particularly managers and other salaried employees who were switched to hourly, should ensure that they are paid in accordance with current DOL’s overtime regulations. Hourly paid employees should:

Examine whether they are truly exempt or nonexempt from overtime provisions regardless of the conclusions the employer may have reached.
Review their own time records to see if they are being paid for all hours worked in their new hourly paid roles.

If you feel as though your employer has misclassified you as exempt or is not paying you the overtime wages you have earned, contact Wenzel Fenton Cabassa, P.A., today. Our initial case evaluation is free, and we can help ascertain whether you are entitled to overtime pay under the Fair Labor Standards Act.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### The PepsiCo FCRA Lawsuit — An Employee Rights Victory
The PepsiCo FCRA lawsuit is a win for employee rights advocates everywhere. This class action lawsuit is an important example of holding companies accountable for violations of the law in their hiring/employment practices.
What Happened?
A subsidiary of PepsiCo, the global food, and beverage giant, has agreed to pay $1.2 million for violating the Fair Credit Reporting Act. Representatives of the company decided to settle the class-action lawsuit for seven figures after it was found to have been “procuring background reports for employment purposes without making certain required disclosures.”
The PepsiCo FCRA lawsuit is Altareek Grice v. Pepsi Beverages Co., et al., Case No. 1:17-cv-08853, in the U.S. District Court for the Southern District of New York. Its class members may be entitled to funds from the settlement. The final approval hearing is scheduled to be held on November 15, 2018.
The defendants denied wrongdoing but agreed to settle out of court and not go to trial to avoid further litigation and expenses.

The Fair Credit Reporting Act (FCRA) & the PepsiCo FCRA Lawsuit
The FCRA is a federal law enforced by the Federal Trade Commission and the Consumer Financial Protection Bureau. In regards to employee rights, employers are required to adhere to stringent employee notification rules to comply with the act.
How they violated the act:
The lawsuit was settled due to failing “to disclose that it would obtain a consumer report for employment purposes in a document consisting solely of the disclosure.”
The parameters of the FCRA dictate that violations of the law can result in fines of up to $100 to $1000 per violation.
Employment lawyers are well-versed in the legal complexities of the FCRA. There are multiple steps employers have to go through to stay in compliance with the act. If companies fail to follow these steps, then affected individuals may be able to seek damages.
 
Do You Think This Has Happened to You?
The PepsiCo FCRA lawsuit is a representation of what can happen when employers violate the law. But violations of the Fair Credit Reporting Act can happen across multiple industries and is definitely not restricted to food and beverage workers.
Have you been denied a job after a potential employer conducted a background check that included your credit report? If they didn’t get your written permission and follow the proper steps, you may have a case and be able to receive damages.
Did you know that you are entitled to dispute the information contained in your background check before the employer takes any adverse action against you — including not hiring you?
If you think an employer or potential employer has violated one or more of the parameters of the FCRA, you need to consult with a skilled credit protection lawyer. Wenzel Fenton Cabassa, P.A. has a strong reputation for being tough litigators that secure the best possible legal outcomes for our clients. We fight tirelessly for fairness, equality, and justice every day.
Contact Wenzel, Fenton, Cabassa P.A. today to schedule your free confidential case evaluation.
 
Other FCRA Articles
What is the Fair Credit Reporting Act?
What the Fair Credit Reporting Act Means for You
What are the Statutes of Limitations for FCRA Violations?

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Things You Need to Know If You've Experienced Retaliation for Whistleblowing
Were you fired for telling the truth? If your employer is doing something that is considered illegal and you report it, then your rights may be protected under federal and state whistleblower laws.
There is legislation in place to protect whistleblowers. While each statute differs and is very specific as to what will be considered a protected activity, a whistleblower is someone who reports an activity that is illegal, unhealthy and/or violates public policy. There are more specific criterion on what can be considered reported violations of which trigger whistleblower protections that vary by the type of employer (for example, private employers, public employers, publicly traded, and by industry). To get a better scope of when you may qualify for protection against retaliation in a whistleblowing case, an employee must answer these questions first.
What laws cover retaliation if you are a whistleblower?
One of the first things a whistleblower should do is determine if state and/or federal whistleblower protections offer a remedy for the situation. In addition, there are also laws that cover both traditional tort or contract damages after retaliation for whistleblowing.
Activities considered retaliation include:

Firing or laying off
Blacklisting
Demoting
Denying overtime or promotion
Disciplining
Denial of benefits
Failure to hire or rehire
Intimidation/harassment
Making threats
Reassignment affecting prospects for promotion
Reducing pay or hours

If you have experienced any one of these from your employer, it’s time to seek help for retaliation. Whistleblowers can sometimes collect damages when faced with retaliation from an employer.

What activities of whistleblowers are protected?
There are some federal and state protections for public, private, and government employees, but it’s a good idea to take a closer look at laws in your state. Whistleblower protections vary widely by state, and Florida whistleblower laws offer protections for employees of both public and private companies.
“An employer may not take retaliatory personnel action against an employee because the employee has disclosed or threatened to disclose to a government agency an activity, policy or practice that is in violation of a law….”
This is what the law states pertaining to retaliation for whistleblowers, and it also provides even more guidelines about what can be considered retaliation.
What statutes offer federal protections for whistleblowers?
There are various types of whistleblowers, and OSHA enforces a long list of federal statutes offering whistleblowers protections. If an employer puts you or others’ lives in danger by violating health and safety codes, then oftentimes there are specific guidelines that address when a whistleblower is protected. There are protections under separate acts that protect employees who report unsanitary conditions in food service, pollution or toxic substances that endanger the environment, and transportation safety issues on the job.
How do you go about filing a complaint?
If you have exercised your rights as an employee (as stated in state or federal law), then it is illegal for your employer to retaliate against you. To file a complaint alleging retaliation or a complaint with the entity charged with enforcing certain laws or internal complaints, particularly in regard to private employers, you will first need to consult an attorney to get a better understanding of your situation. If your employer is doing something they know is illegal, it’s likely they are not going to be happy when you file a formal complaint.
It’s always a good idea to meet with a lawyer in a confidential consultation to get an overview of all the laws and protections that apply to your case. This could protect you later and help you prepare to file a formal complaint, if necessary.
Contact a Whistleblower Retaliation Lawyer
Have you or someone you know been the victim of  whistleblower retaliation?

Contact Wenzel Fenton today for a free case evaluation.

At Wenzel Fenton Cabassa, P.A., we have developed and refined a very specific process that we use when contacting a potential client about a case. Because we have a well-trained team, most of whom have been with us for several years, the interplay between our New Client team and our lawyers is well-orchestrated and seamless. We have seen virtually every fact pattern imaginable in the workplace, and our New Client team knows the right questions to ask to get to the heart of the factual and legal issues presented by a potential client contacting our firm. We may contact you several times to collect all of the necessary information that will allow us to determine whether our firm can assist you. Here is what you can expect when you contact our firm:   SEE OUR CASE PROCESS
SOURCES:
National Whistleblower Center

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Three important things to know before you take family medical leave
Do you qualify for employment leave under FMLA?
Some employees are guaranteed the right to take leave under The Family and Medical Leave Act(FMLA). FMLA protects qualified employees who want to take time off to care for family members or handle a serious medical condition that they or an immediate family member face.
Are you a qualified employee under the Family and Medical Leave Act?
To qualify for the FMLA, you must meet several criteria:

You must work for a private-sector employer that has 50+ employees within a 75 mile radiius.
You must have been working there for at least 12 months and have worked at least 1,250 hours or 20 workweeks within the 12 months prior.
You can only take up to 12 weeks off in a 12-month period.

In order to qualify for FMLA, your employment status must meet the criteria listed above. In the case of public agencies, including State, local and Federal employers, and local education agencies (schools), all employees qualify.
What conditions and circumstances allow you to take FMLA leave?
To take medical leave, your circumstances must meet this criteria:

for the birth of a son or daughter, and/or to care for the newborn child
for the placement of a child for adoption or foster care with an employee to care for the newly placed child
to care for an immediate family member (spouse, child, or parent–but not a parent “in law”) with a serious health condition; and when the employee requires leave due to a serious health condition

An employee’s right to care for a newborn/newly placed child must conclude within 12 months after the birth or placement. In addition, restrictions on your ability to take medical leave under FMLA may apply to your spouse and also if your spouse is also employed by the same company.
Special circumstances where a spouse is employed by the same company can limit the total amount of leave taken to 12 workweeks.
What conditions and circumstances limit the duration of FMLA leave?
Medical leave may be split between family members for the following reasons:

birth and care of a child
to care for an employee’s parent who has a serious health condition
for the placement of a child for adoption/foster care, and to care for the newly placed child

There are plenty of circumstances that qualify an employee for family medical leave, and some may also restrict your ability to access the maximum number of weeks. It’s important that you check the stipulations that apply to you in order to determine your ability to receive medical-related family leave.
There are more qualifying factors that may make you eligible for relief from work under the Family Medical Leave Act. Employees with a serious medical condition are protected by FMLA, and reduced or intermittent leave may be granted to employees who must care for family members.
Have you been retaliated against as the result of leave outlined in FMLA?
Then you may be entitled to damages by law. You need an employment law attorney who you can trust. Get in touch with the employee rights advocates at Wenzel Fenton Cabassa, P.A., and contact us today for a free case evaluation.

SOURCES:
The Family Medical Leave Act

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Three Reasons Why You Didn’t Get Workers’ Comp
What excludes you from workers’ compensation?
There are several reasons you may be denied workers’ compensation. Some of the most common claims in the workplace leave employees confused about the proper course of action. When it comes to workers’ compensation benefits, an employee must take the course of action outlined by the employer’s company policy.
You could be denied benefits under these circumstances:
1. You were not actually injured on-the-job.
Injuries incurred before or after work are not covered by workers’ compensation, even if they interfere with your ability to do your job. However, you may still be protected by the law. The Americans with Disabilities Act requires that employers make a “reasonable accommodation” to help qualified employees do their jobs. This applies to a case where an injury that occurred outside the workplace interferes with your ability to perform your job duties but does not provide a means for medical backpay for time missed as the result of injury.
2. You went to the wrong doctor.
The employer’s insurance carrier usually selects the doctor/s you are permitted to see. If you were seen and/or diagnosed by a doctor outside the specified worker’s compensation network of your employer, then there is a possibility that this claim must instead be treated by the care provider appointed by the company. Therefore, it’s important to report the issue to your employer and seek a care provider within the employer’s insurance network.
3. You didn’t fill out the right paperwork on time.
A workplace injury must be reported to the employer within a 30 day statute of limitations, and after this, the workers’ compensation claim must be filed within two years. It’s up to the employee to provide specific details and seek an immediate medical evaluation outlined by company policy. Even if you do successfully file for workers’ compensation, your employer might interfere with your rightful actions or retaliate against you.
Such behavior is illegal, and the attorneys at Wenzel Fenton Cabassa have seen this time and time again.
If you think your rights under workers’ compensation are being violated, seek the advice of a qualified attorney. The employee rights and employment law attorneys at Wenzel Fenton Cabassa, P.A., are steadfast advocates for workplace justice. Contact us today.
Check out a newer blog about an increase in worker’s compensation rates.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Tis the Season: How to Report Unpaid Overtime and Wages During the Holidays
In an ideal world, employers would always pay their workers fairly and on time. Unfortunately, that is not the world in which we live. There are instances when employers fail to pay their workers the wages they are owed. Although this can occur at any time of year, it is particularly common during the holiday shopping season. Retailers and similar businesses may hire seasonal workers to handle the increase in business that occurs during these months. Additionally, they may ask that regular employees work more overtime than they typically would. It is not uncommon for companies to improperly compensate these employees.
Of course, any business, not just retailers or similar businesses, may unlawfully fail to pay wages an employee is owed at any time. If you feel you are owed unpaid wages, with the help of an unpaid wage attorney, you can collect the money you have earned.
Do not worry if you are unsure of how to go about this process. The following guide will clarify the issue.
 
Reporting Unpaid Wages and Unpaid Overtime: What You Need to Know
One route you may elect to pursue is a complaint with the Department of Labor’s Wage and Hour Division (WHD). Employers must compensate their workers in compliance with the Fair Labor Standards Act. Often, the WHD conducts investigations of employers when employees report them for failing to pay wages that should have been paid. The WHD may then require the employer to make up the difference between the wages an employee was paid and the wages they were owed, otherwise referred to as “back pay.”
If you believe you have not been appropriately compensated for your work, there are numerous ways you can contact the WHD to file a complaint. First, you can check the online map of Wage and Hour Offices to determine if there is an office in your area. If there is, you may then visit the office in person, or call it.
Additionally, the WHD has a toll-free helpline you may call:
1-866-4USWAGE (1-866-487-9243)
TTY: 1-877-889-5627
Monday-Friday 8 a.m. to 8 p.m. Eastern Time
You can also send the WHD an email if you would prefer.

Important Information to Include When Filing An Unpaid Wages Claim
When filing a complaint with the WHD, you need to include specific information. It is also essential to keep in mind that there is a two-year statute of limitations for filing such complaints. If you suspect you are owed unpaid wages, you need to act sooner rather than later. Some people wait too long to file a claim because they assume that doing so may be costly. They worry they might lose their job, or they may have to pay a fee. That is not the case. Any discussion you have with the WHD will be kept confidential, and filing a complaint does not cost any money. Additionally, it is against the law for your employer to fire you or to otherwise retaliate against you because you filed an unpaid wage or unpaid overtime complaint with the WHD.
When reaching out to the WHD, you should provide:

your name,
address,
the name of the company that did not pay you,
the company’s location,
the names of any relevant managers and/or owners involved in the situation,
the nature of the work for which you were unfairly compensated,
the manner in which you were paid, and
when you were paid

Those are the basics. It also helps to gather evidence such as pay stubs to back up your case. You can file a complaint without this evidence, but it may help if you still have them.
 
What Happens Next?
After you have filed your complaint, the WHD will launch its investigation. This typically begins with a conference in which a WHD representative discusses the issue with a representative from the business in question. The WHD representative will use this opportunity to discuss the investigation process in detail.

Next, the investigators will review pertinent records, privately interview relevant employees, and generally gather evidence to determine if a wage and hour violation has occurred. If the WHD discovers a violation did take place, your employer will be ordered to pay you what you are owed. The WHD may supervise this to a degree to ensure your employer complies with the order.
All that said, it may come as no surprise that the process of recovering unpaid wages can be somewhat difficult. Your employer may try to fight back, arguing your claim is false. Thus, if you believe you have a valid case, it is often a good idea to coordinate with an unpaid wage attorney about your wage or salary. Working with an expert who understands wage and hour violations can boost your odds of securing a successful outcome.
Filing a report with the WHD is one of many routes available to secure payment of your unpaid wages. You also have rights under local ordinances and State law. Many jurisdictions in Florida have special procedures to address wage theft. In addition, you can bring a private action, with the assistance of an experienced attorney, for unpaid wages and FLSA violations. If you and others similarly situated in the workplace have common claims that you are all suffering damages due to your employer’s violations of the FLA, you can bring an action as a group against the employer. You do not have to go through the WHD process first. And lastly, if you and your attorney choose to go through the WHD process, you do not have to go through the WHD process alone.
Get started by contacting Wenzel Fenton Cabassa, P.A. to schedule a free case evaluation. We will review your case and evaluate the options moving forward. We have offices in Tampa, Orlando, Miami, Sarasota, St. Petersburg, West Palm Beach, and Jacksonville, providing thousands of Floridians with the help they need when they have not been paid the money they are owed.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Top 10 FAQs About Pregnancy Discrimination
Do you feel as though you may not have received a job promotion because you were pregnant? Or were pressured into taking early leave? Or even fired? The Pregnancy Discrimination Act (PDA) of 1978 prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Here are answers to 10 frequently asked questions that will help you better understand if you have been discriminated against because you are or were pregnant.
10 Frequently Asked Questions About Pregnancy Discrimination in the Workplace
1. What Workplace Actions Are Prohibited?
Under the PDA, you cannot be fired, demoted, not hired, or be subjected to adverse actions based on the fact you are pregnant, were pregnant or because you are of childbearing age. This applies to all facets of employment, including:

pay,
job assignments,
training, promotions,
layoffs, and
fringe benefits

2. Are You Protected From Harassment Based on Pregnancy, Childbirth, or Related Medical Conditions?
Based on the frequency of and severity of the conduct by both those who work for your employer and even customers or business partners whom your employer has some control over, you are protected from:

physical assaults and threats,
insults,
intimidation, and
interference with your work performance

3. How Can You Prove That an Adverse Action Was the Result of Pregnancy Discrimination?
Under the PDA, your employer may have discriminated against you if there is evidence of the following:

An explicit policy that treats pregnant workers less favorably than other employees or job candidates.
Statements by decision-makers that demonstrate pregnancy bias such as terms like “Mommy track.”
A short amount of time between the adverse action and a decision maker’s knowledge of your pregnancy, childbirth, or related medical condition.
Other employees who are not affected by pregnancy and who have a similar ability or inability to work being treated more favorably.

4. Are You Protected If You Are Not Currently Pregnant?
Based on your ability or intention to become pregnant, you are protected from differential treatment. You can’t be restricted from doing certain jobs or discriminated against because of your stated intention to become pregnant or because you are seen as being of childbearing age.
5. Can You Be Asked If You Are Pregnant?
Although employers aren’t prohibited from asking whether you are pregnant or plan to become pregnant, it’s discouraged and could play an important role when a charge alleging pregnancy discrimination is being evaluated.
6. What Medical Conditions Are Related to Pregnancy or Childbirth?
Some of the medical conditions include lactation, back pain, preeclampsia (pregnancy-induced high blood pressure) and gestational diabetes, and the after-effects of a delivery. If employees are permitted to change their schedules or take sick leave for medical appointments and to address non-incapacitating medical conditions, you must be afforded the same rights.
7. Based on Concerns About Your Health and Safety, Can Your Employer Take Adverse Action Against You?
Under the PDA, even if an employer thinks they are acting in your best interest, they are prohibited from discriminating against you based on assumptions or stereotypes. For example, if you are pregnant, an employer cannot demote you to a lower-paying job with fewer hours because they think you may be too stressed in your current position.
8. If You Are Able to Perform Your Job, Are You Required to Take Leave?
If you are pregnant, you cannot be forced to take leave as long as you can perform your job. Even if your employer thinks they are acting in your best interest, this violates the PDA.
9. Can Your Boss Keep You from Traveling for Work?
Again, even if your employer believes it is in your best interest, they cannot make that decision for you. If you are able to do your job and it is fine with you, your family, and your doctor, your employer cannot make the call to keep you grounded.
10. Do You Have to Tell a Potential Employer You Are Pregnant?
You are under no legal obligation to disclose the fact that you are pregnant to someone who is considering hiring you. This issue was pushed to the forefront when Marissa Mayer was interviewing for the position at Yahoo. She chose to disclose it to the hiring board, but you don’t have to. On the other hand, if you believe you were passed over for a position because of your pregnancy–disclosed or not–you should speak to an employment attorney who can help sort out the details with you.
If you are a working woman who is pregnant or you plan to become pregnant, we at Wenzel Fenton Cabassa, P.A., want you to know your rights. Please access our free Guide to Protecting Yourself Against Pregnancy Discrimination today or call us for your free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Top 10 FAQs About Workplace Retaliation and Wrongful Termination
Losing your job or being punished for complaining about workplace conduct can adversely affect you and your family. But it’s not always easy to determine whether you were retaliated against or wrongfully terminated by your former employer.
Here are answers to 10 frequently asked questions that will help you better understand your situation.

Was your firing illegal?
Find out with our guide to wrongful termination.
Know Your Rights!

10 Most Common Workplace Retaliation & Wrongful Termination Questions

What Is Retaliation?

Retaliation is when an employee or job applicant is denied employment, demoted, harassed, fired, or otherwise suffers an adverse employment action by their employer for engaging in a protected action such as:

filing a charge of discrimination against the employer,
complaining to the employer about discrimination, or
taking part in an employment discrimination proceeding, such as an investigation or lawsuit

 
Retaliation is illegal.
 

How Do You Prove a Legal Claim of Retaliation in Florida?

To prove retaliation in the State of Florida, you must show that you engaged in protected activity, such as complaining about discrimination; you were disciplined, fired, or punished by your employer; and that retaliation was the cause of your employer’s action.
 

What Is Protected Activity?

A protected activity is defined as opposing illegal practices carried out by your employer, such as filing a complaint with your HR department stating that you believe you were discriminated against because of your age. In addition, taking part in a hearing, investigation, or lawsuit regarding possible illegal practices by your employer is also defined as protected activity.
 

Which Laws Can Protect You From Retaliation?

There are several laws enforced by the Equal Employment Opportunity Commission (EEOC) that protect employees from retaliation, including the:

Title VII of the Civil Rights Act
Age Discrimination in Employment Act
Americans with Disabilities Act
Equal Pay Act

 
State and local laws also prohibit retaliation, such as the:

Florida Civil Rights Act
Florida Private Whistleblower’s Act
Florida Workers’ Compensation Act

 

Who Is Protected From Retaliation?

Retaliation covers current and former employees, employees who complain about behavior that turns out not to be illegal, and employees who question unfair treatment toward another employee. Job candidates can also be protected.
 

What Is At-Will Employment?

Florida is an at-will employment state, which means employers can fire or terminate employees at any time for any reason, or no reason at all, as long as the reason for the adverse employment action is not an unlawful reason.
 

What Is Wrongful Termination?

It is illegal for employees to be terminated by their employers due to:

Employment-based discrimination
Opposing or refusing to participate in illegal practices
Taking leave protected by the Family and Medical Leave Act
Firing someone in order to avoid paying them at least the minimum wage or overtime wages

 

What Comprises Discrimination-Based Termination?

It is illegal to treat an employee differently based on:

Race
Color
Sex
Age (over 40)
Religion
National origin
Disability or handicap
Marital status (single, married, divorced, or widowed)
AIDS/HIV, Sickle cell trait, or any other disease while they can still perform their job duties
Any protected status as defined by state or local law (such as sexual orientation

 

Can I Get My Job Back If I Sue for Wrongful Termination?

Although you may be able to get your job back, depending on your circumstances, if you reach a financial settlement, you typically agree as part of that settlement to sever all ties with your former employer.
 

What Damages Can Be Recovered in a Wrongful Termination Claim in Florida?

Under Florida law, you are entitled to receive damages for lost wages and benefits, emotional distress, and other damages or expenses linked to your termination, such as medical bills or counseling.
At Wenzel Fenton Cabassa, P.A., we’re here to help you better understand the ins and outs of workplace retaliation and wrongful termination. Please access our free Wrongful Termination: When Firing Is Illegal guide today or call us to schedule your free case evaluation.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Top 10 Florida Unemployment Questions Answered
If you’ve been let go from your job through no fault of your own, you probably have a lot of questions regarding unemployment compensation. Florida has its own rules regarding who is eligible, benefit amounts, and prior earnings requirements. If you meet the state’s requirements and are available, able, and actively looking for a new job, you may be eligible for unemployment benefits.
Here are answers to 10 common Florida unemployment questions that will help you better understand what you need to know about Florida unemployment benefits.
Top Florida Unemployment Benefits Questions
1. Who Is Eligible for Florida Unemployment Benefits?
To qualify for unemployment benefits in Florida, you must be out of work through no fault of your own. In addition, you have to have earned $3,400 during a 12-month base period—the first four of the five calendar quarters prior to filing your Florida unemployment benefits claim. You also must:

Be a U.S. citizen or have a permit to work in the United States.
Have worked for an employer covered by the state’s unemployment insurance law.
Be able and available for work.
Register online with the Employ Florida marketplace.

Bonus Tip: Keep a record of your employment history and earnings, as it will be helpful during the application process for unemployment benefits.
2. If You Quit Your Job Are You Eligible for Unemployment Benefits?
If you quit your last job voluntarily, you are not eligible for Florida unemployment benefits. However, you could be eligible if:

It was necessary for you to quit due to illness or disability.
You quit due to unsolvable problems at work, such as discrimination, harassment, or unsafe working conditions.
You quit because your spouse is in the military and was ordered to permanently relocate.

Bonus Fact: In Florida, if you had to quit your job due to your spouse’s military relocation, you may be eligible for unemployment benefits.

3. If You Were Fired Are You Eligible for Unemployment Benefits?
If you were fired due to misconduct, you are not eligible for unemployment benefits. In Florida, misconduct can be defined as:

Conduct that disregards your employer’s interests and violates reasonable standards of behavior, including theft or property damage.
Carelessness or negligence on such a scale that shows culpability or intentional disregard of your employer’s interests and your obligations.
Repeated absenteeism or lateness that violates your employer’s policy or one or more unapproved absences after a written warning related to that absence.
Subjecting your employer to sanctions or loss of licensure through violating a standard or regulation.
Violating your employer’s rules that are known and consistently and fairly enforced.

Bonus Tip: Always ask for the reason for your dismissal in writing. It can be beneficial to understand if and how you may qualify for unemployment benefits.
4. How Do I Apply for Florida Unemployment Benefits?
Visit the Florida Department of Economic Opportunity’s website for details about applying for unemployment benefits and the following:

Information you will need to provide to apply for unemployment benefits.
How to apply online.
How to calculate what you could receive in unemployment benefits.
How to continue to receive unemployment benefits.

Bonus Fact: The Florida Department of Economic Opportunity provides tools and resources for job search as part of its services to unemployment benefit applicants.
5. How Much Will I Collect in Unemployment Benefits?
Your weekly benefit amount is based on the aforementioned base-period salary; it’s 1/26th of your earnings during the highest paid quarter of that period. The least you can earn per week is $32 and the most is $275.
Bonus Tip: Familiarize yourself with the laws regarding wage garnishment in Florida. If you have outstanding debts, it could impact the net amount you receive.
6. Can I Earn Money While Collecting Unemployment Benefits?
You won’t be eligible for unemployment benefits once you get a new job if it pays more than you are receiving in weekly compensation. However, if you simply pick up small jobs along the way and earn less than the weekly benefit amount, you should be able to receive unemployment benefits. That said, if you earn more than $58 a week, the state will deduct a small portion, which acts as a further incentive for you to find a job. In addition, you have to report your gross income and your earnings each time you request a benefit payment. And the payment has to be reported the week you earned it, not the week you received your paycheck.
Bonus Fact: Under Florida law, you are required to report all earnings while on unemployment. Not doing so can lead to penalties or even criminal charges.
7. How Long Will My Unemployment Benefits Last?
Florida’s unemployment rate at the time you apply for unemployment benefits determines how long you can receive compensation. The maximum number of weeks you can collect is 23, but during times of high unemployment (for example, during the Great Recession, which started in 2008), you may be able to apply for extended benefits (EB) and/or emergency unemployment compensation (EUC). However, neither program is available at this time due to lower unemployment rates.
Bonus Tip: Pay close attention to changes in the law during periods of economic hardship. Extensions to benefit duration, such as those during the COVID-19 pandemic, often occur in response to increased unemployment rates.
8. What Do I Have to Do to Keep Receiving Unemployment Benefits?
Once the Florida Department of Economic Opportunity approves your application, you have to do a number of things to remain eligible for unemployment benefits:

Remain unemployed or underemployed, which typically means earning less than what you would receive in unemployment benefits (see above).
Be able and available to work.
Actively look for work.
File to continue to receive unemployment benefits.

For more information on each of these eligibility requirements, access the Florida DEO’s CONNECT Claimant Guide.
Bonus Fact: Florida law requires you to maintain an active job search and report your efforts while receiving unemployment benefits. Non-compliance could lead to termination of your benefits.
9. Can I Appeal a Denial of Florida Unemployment Benefits?
If you are denied Florida unemployment benefits by the DEO (or they allocate a lower amount than you feel you are entitled to), you can appeal. But it’s important to note that you only have 20 days to do so. The Florida DEO’s website and Claimant Guide have more information on:

Instructions, forms, and the deadline for filing an appeal.
How and where to file an appeal.
The length of the appeal process.
What you should do if you file after the appeal deadline.
What happens to your benefits while waiting for the DEO’s decision.

Bonus Tip: Consider seeking advice from a law firm such as Wenzel Fenton Cabassa P.A. when preparing an appeal. Understanding legal jargon and procedures can make a significant difference in your case’s outcome.
10. Do I Need an Attorney to Receive Unemployment Benefits?
You should consider consulting with an experienced unemployment compensation attorney if you feel as though you’ve been unfairly denied Florida unemployment benefits. An attorney can:

Determine whether you are eligible for unemployment benefits.
Determine whether your employer’s reason for letting you go was lawful and whether it stopped you from receiving unemployment benefits.
Help you with your appeal to the Florida DEO if you’ve been denied unemployment benefits.
Counsel you on how you can continue to receive unemployment benefits.

Bonus Fact: If your former employer is likely to have a lawyer, it may be especially beneficial for you to consider hiring an attorney to guide you through the process and represent your interests.
Bonus Fact: If your former employer is likely to have a lawyer, it may be especially beneficial for you to consider hiring an attorney to guide you through the process and represent your interests.
Before hiring an attorney, you may want to visit the Florida DEO’s right to appeal page, which will give you a sense of the appeal process, deadlines, and instructions about your potential hearing. If you go forward with the appeal process, it’s a good idea to consider hiring an attorney because your former employer is likely to have one. Your attorney can advise you on the evidence that will help your case, question witnesses, and argue on your behalf as to why you should be awarded unemployment benefits.
CONTACT US IF YOU HAVE EXPERIENCED WRONGFUL TERMINATION
Because we are a contingency law firm, we do not offer representation for unemployment claims – nonetheless, the information we have provided, including our free ebook on wrongful termination, should assist you in filing.  However, if your unemployment situation is a result of wrongful termination, unemployment compensation may not be your only recourse. Contact our law firm to discuss your employment law situation.

Other articles about Florida unemployment benefits
5 Reasons You May Be Denied Unemployment Benefits in Florida
Wrongful Termination and Unemployment Benefits: What You Need to Know
What Is The Florida Reemployment Assistance Program
Why You Should Consider Hiring a Florida Unemployment Compensation Lawyer
A Self-Help Guide to File for Unemployment in Florida

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Top 10 Reasons to Hire a Wrongful Termination Attorney
Now that you’ve been let go by your employer, you may be asking yourself whether you have grounds for a wrongful termination lawsuit. If you feel as though you were wrongfully terminated, you should consult an employment attorney who can provide legal expertise and determine whether your employer violated state and federal law.
Here’s why.
10 Reasons Why You Need a Wrongful Termination Attorney

Provide Legal Expertise

First and foremost, a wrongful termination attorney has experience and have worked on cases similar to yours. This expertise means they know the ins and outs of employment law. They can also leverage a network of experts from many fields to help with your case.

Interpret Complicated Laws

For those not familiar with employment laws and terms, they can be confusing and difficult to understand. A wrongful termination attorney can sift through the legalese and explain everything in simple terms while helping to figure out whether you have a case and the best way to pursue it.

Obtain Evidence

During the investigative process, a wrongful termination attorney will review an extensive amount of discovery documents and can determine what’s pertinent and helpful to your case. An attorney can also make it much easier to gather witnesses and can subpoena witnesses to answer important questions regarding your case.

File Motions

If your employer makes allegations of misconduct against you that are untrue and could potentially damage your reputation, a wrongful termination attorney can file motions to stop them.

File With the EEOC

A wrongful termination attorney can file a breach of contract, a wrongful discharge lawsuit, and if warranted can move forward with a charge of discrimination before the Equal Employment Opportunity Commission and/or the appropriate state agency. This can be beneficial because the EEOC enforces federal laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and Age Discrimination in Employment Act, which afford greater remedies for you. Also, the EEOC provides the opportunity for you and your employer to engage in mediation to attempt to reach a voluntary settlement. An employment lawyer will also evaluate your claim to see if there is another agency you should be filing a charge or complaint with, such as OSHA, or the National Labor Relations Board.
A charge can be brought to the EEOC and other agencies without an attorney but having one can make you feel more secure in the legal procedure as you navigate the process. You can bet that the employer will have legal representation and so should you, from the beginning as you frame your allegations.

File Summary Judgments

To help avoid the time and cost related to arguing against unfounded claims against you, a wrongful termination attorney can file a motion for summary judgment. By doing so, a judge can will decide if you have stated a claim and have established liability on the part of the employer as a matter of law and take most, if not all, of the legal disputes off the table and allow the parties to focus on resolution of the dispute or take the matter to a jury for the jury to consider damages.

They Command Attention

Right or wrong, when your employer receives a well thought out communication from an attorney, they tend to pay attention. Having an attorney on your side may give your claims a better chance of being seriously by the employer and help you obtain answers to your inquiries more quickly.

Assess Your Financial Loss

A wrongful termination attorney will evaluate your financial losses or damages. These include the pay and benefits you lost, the emotional distress you suffered, and punitive damages, if applicable. You may also be entitled to collect attorney fees if you win your case.

Legal Fees

Speaking of which, EEOC violations and state breach of contract termination are types of personally injury, so your wrongful termination attorney could accept them on a contingency fee basis. Meaning, if you and your attorney agree to a contingency arrangement, you won’t have to pay your attorney a fee until and unless you recover damages from your employer.

Because Your Employer Has One

Don’t be at a disadvantage. Your employer will have an attorney. You should ensure your rights are protected as well.
At Wenzel Fenton Cabassa, P.A., we protect employee rights. It’s important to know the benefits of hiring a wrongful termination attorney. Please access our Wrongful Termination: When Firing Is Illegal guide today or call us to schedule your free case evaluation.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Top 10 Reasons You May Not Be Paid for Overtime
With the ever-growing necessity of technology, a weak economy and a poor job market, employees have found themselves more accessible, working more hours and receiving less pay.
Due to this current trend, there has been a surge in Labor Law claims at the federal and state level with employees seeking wages earned for long hours worked for which they subsequently were denied payment by their employer.
In reviewing the lawsuits filed, many researchers are finding common reasons as to why employees were not compensated accordingly. They have found a trend among employers who are trying to cut their expenses while getting maximum productivity from their employees.
10 Reasons Why You’re Not Being Paid Overtime

Lack of Knowledge
Many employers do not do their due diligence in ensuring they are knowledgeable of changes made to the federal and state labor laws. Laws that were mandated three years ago might not hold true the following year.
Lawmakers are constantly reviewing existing laws and reconciling them to meet modern needs. However, not all employers stay on top of the changes made and continue to do business under assumed laws.

Salaried Employees
Some employers believe that making an employee salaried automatically makes that employee “exempt” from overtime compensation. However, that is not necessarily true. In order for a salaried employee to be considered “exempt,” they must meet certain requirements outlined in the Fair Labor Standards Act.
Each employee must make at least $455.00 weekly, receive the same amount of money each pay period, and have a qualifying exempt job. An employer cannot merely make an employee salaried to avoid overtime compensation.

Phony Job Titles
Under the Fair Labor Standards Act, high-level management and executive employees are not entitled to overtime compensation.
However, middle and lower-level employers are to be compensated for their overtime. For this reason, many employees will create a phony job title, such as Store Manager, to give the perception of high-level management, so the employee is not aware of their rights as an employee regarding overtime compensation.

Working “Off The Clock”
Trying to increase productivity while cutting costs, employers have found ways to have their employees perform without compensatory pay, such as having them complete tasks or projects outside of their scheduled work hours.
As an example, there are employers who require that employees come to work early to begin the start-up processes of their day, such as turning on the computer and checking voicemails, without “clocking in”.
Employees are conforming to these demands out of fear of job loss, loss of income and inability to regain employment.

Comp Time
Employers have created the term “Comp Time” which creates an opportunity for them to request employees work overtime hours without receiving overtime compensation and allows the employee to arrange for future time off.
Regardless of time taken off of work, employees are still required to receive compensatory pay for overtime.

Technology
Technology has not only made it easier to work from home, but it has also made the employee more accessible to their employer.
Knowing the convenience of accessibility, employers are relying on the newest mobile technology to allow them to request work be completed outside of scheduled work hours. Smartphones are being used to communicate the need for task completion and many employees complete these tasks either from home or a separate location without their hours being recorded or compensated.

Independent Contractors
Employers have been hiring “Independent Contractors” to perform tasks without receiving benefits, including overtime compensation, and, in turn, drives down the employers expenses.
Over the past few years, this has been an increasing trend that has not gone unnoticed. Many businesses are beginning to crackdown on hiring contractors as federal and state agencies are beginning to penalize companies who have made a habit of this type of hiring.

Holiday and Weekend Work
There are employers who require work on certain holidays and weekends. Merely working a holiday or a weekend does not qualify an employee for overtime compensation.
However, if an employee exceeds their regular scheduled hours due to the hours worked on either a holiday or weekend, they are entitled to receive compensatory pay.

False Reporting
When it comes to reporting hours, there are employers who require advanced authorization for an employee to receive overtime compensation or who are aware their employees are working overtime, but turn a blind eye and do not report their accurate hours.

Small Businesses are Exempt
Operating under the assumption that a business is too small, there are employers who feel they are within their rights not to provide compensatory pay to employees who work more than their scheduled forty hours.
However, the Fair Labor Standards Act focuses on interstate commerce. There is a very broad meaning attached to this term, and virtually any practice connected to our networked economy can be considered interstate commerce, such as selling products to out-of-state clients or purchasing from vendors that are located out of state.

Employers are finding new ways to avoid having to pay overtime compensation due to a struggling economy and an awareness of a poor job market. With this in mind, there is pressure put upon the employee to perform without receiving compensatory pay.
Despite the several ways in which employers have been able to avoid paying their employees earned overtime compensation, laws are continually being created and updated to protect the employee. To ensure proper pay is received, employees should know their rights as regulated by law.
If you work more than 40 hours a week and have been denied overtime pay, contact Wenzel Fenton Cabassa, P.A., today. We may be able to help you recover money that’s owed to you.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Top 3 Reasons Why You Should Hire a TCPA Attorney
Note: Our firm does not handle TCPA cases directly; we work with trusted attorneys who do. If you contact us about a TCPA matter, your case may be referred to another lawyer or law firm.
Are you being harassed with phone calls by banks, mega-corporations, and other debt collectors? A TCPA defense attorney fights hard for consumers to stop the abuse from violators of the Telephone Consumer Protection Act (TCPA). With more than a billion robocalls that occur every day in the United States, it is important to know your rights. Many of these robocalls are actually illegal, and a TCPA lawyer is your best defense against such violations.
At Wenzel Fenton Cabassa, P.A., we have experienced, expert TCPA lawyers in Florida that lead as your legal advocate against companies who break this important consumer law.
Benefits of Hiring a TCPA Attorney
1. To Stop the Abuse
When you are getting inundated by calls, it can be very disruptive to your life. It can also be very stressful for you and your family. Not all robocalls are against the law, though. So it is important to know when to contact a TCPA defense attorney.
The standard TCPA guidelines are as follows:

No calls from solicitors to consumer cellphone or home phones before 8 a.m. or after 9 p.m. local time
No calls from solicitors to consumer cellphones or home phones with a recording or artificial voice
Requiring solicitors to adhere to the National Do Not Call Registry
Requiring solicitors to maintain an up-to-date company-specific Do Not Call List and adhere to it
Solicitors/callers must provide their own name and the company/person who they are calling for, as well as their contact information (address or telephone number)

If banks, debt collectors, student loan companies, or other solicitors have been violating one or more of these provisions, you should set up a consult with a TCPA violations attorney to determine your best legal options moving forward. Whether you have been getting calls late at night or early in the morning, have submitted a Do Not Call complaint after your request to be placed on the list was violated, or otherwise, you should not have to put up with the abuse from these harassers.
2. To Hold Harassers and Bullies Accountable for Unlawful Actions
Many companies across the nation violate the regulations of the TCPA because simply put, they often get away with it. These harassers and bullies try many tactics to get what they want, and that includes breaking consumer protection laws. When you hire a TCPA defense attorney, he or she understands the laws, processes, and legal procedures to fight to hold companies and individuals accountable for unlawful behavior.
Did you know that you may qualify for up to $1500 per each unwanted call you have received in the last 4 years? When repeated calls that do not follow the protections laid out by the TCPA happen over time, this can add up to significant monetary damages for consumers.
The minimum penalty for each violation is $500. When you have already informed the company to put you on their Do Not Call list, and they continue to keep calling and harassing you anyway, then the penalty for each violation goes up to $1500 per call.
3. To Get the Justice You Deserve
Banks, student loan companies, mortgage companies, and other debt collectors commit abuses of consumer protection laws every day. They will often keep doing it because consumers are not aware of their rights or that they can do anything about it. But illegal behavior should not go unpunished. You deserve justice when your rights have been violated through robobullies and other types of solicitors. That is where the TCPA violations attorney comes in.
The TCPA defense attorney fights hard for your rights to consumer protections and leads the charge to hold the abusers accountable. It is time to make it stop and we are here to help.
Take Back Control
Contact Wenzel Fenton Cabassa, P.A. to set up a free, confidential case evaluation. Our TCPA defense attorneys in Florida work aggressively to hold those who violate your rights accountable for their unlawful actions to help you get the justice you deserve and the monetary damages you are entitled to receive. We have offices across the state of Florida and help thousands of clients every year. Our locations include Tampa, St. Petersburg, Orlando, Miami, Sarasota, Jacksonville, and West Palm Beach.
Call us today to stop the harassment and stress of unlawful phone calls. You do not have to deal with abusive debt collectors that violate the TCPA any longer. We understand how difficult it is and want to help. We are legal advocates for Florida consumers and work diligently on your behalf.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Top 5 Qualities of the Best Employment Discrimination Attorney
If you are dealing with employment discrimination, working with a legal professional specializing in employee rights is key to getting justice. An employment discrimination attorney serves as your powerful advocate against employers who violate employment law.
But how do you go about finding an employment discrimination attorney?
For many workers, this could be the first time you have ever needed a lawyer. With these types of cases, there are certain qualities to look for when searching for a Florida employment discrimination attorney.
What to Look for When Choosing the Best Employment Discrimination Attorney for Your Case
1. A Thoughtful & Understanding Manner

When you are working with a workplace discrimination lawyer, their demeanor matters. Dealing with discrimination in the workplace is difficult enough, and you should not have to deal with the added stressors of a curt lawyer who does not care about what you are going through.
When you consult with a legal professional and expert on employee rights, listen to how they talk and pay attention to how they treat you. You will be communicating with them a lot. Working with someone who is thoughtful and understanding makes the process of filing a claim better and less stressful.
2. Strong Leadership Battling Powerful Employers

There is an important difference between how good lawyers work with their clients as opposed to how they fight for their client’s rights against powerful employers. Strong leadership, including the ability to communicate very assertively with employers and their lawyers, is a top quality of employment discrimination attorneys.
This duality serves the client well in two ways: (1) the thoughtful and understanding side makes it easy and comfortable to work with the lawyer, and (2) the ability to be aggressive in communications and negotiations to hold employers accountable for their unlawful behavior.
3. Strategic Location to Best Represent Your Case

The particulars of your case are part of the decision-making process when you are looking for an employment discrimination attorney. Someone in the same area is more suited to handle your case because they will know the state and any local laws that would apply to your situation. They would also know the exact processes within the county, state, and any federal needs for efficiency purposes.
Wenzel Fenton Cabassa, P.A., has excellent Florida employment discrimination attorneys working across locations throughout the state. Our main office is located in Tampa, however, we also have offices in Orlando, Sarasota, Miami, St. Petersburg, Jacksonville, and West Palm Beach, among other cities. During the restrictions in place for COVID-19 we are fully operational and will work with you to confer via telephone and video technologies to protect you and our staff.
4. Knowledge & Ability in Working with Employment Discrimination Cases

There are a lot of lawyers out there. Employment discrimination cases require an attorney who has the knowledge and ability to work within this particular area. It takes expertise and experience with employee rights and discrimination in the workplace to represent a client effectively.
Strategy is a central component of getting the best outcome possible. Having this quality is extremely important when you are looking for a lawyer to represent you in this area of the law. Depending on the situation, a great employee rights lawyer with this kind of knowledge and experience may be able to get you reinstated in your job if you were fired, acquire back pay for you from your employer, and acquire additional compensation/damages due to employment discrimination, and much more.
5. Have a Proven Record of Success 

Just like when it comes to your health, your legal rights should be handled by a law firm that has a proven record of success. You would not want to put your life in the hands of a general surgeon when you need delicate and complex heart surgery. By the same token, you would not want to put your employment law claims in the hands of a law firm that has not successfully helped employees take on their employers after having been discriminated against in the workplace.
Wenzel Fenton Cabassa, P.A. – A Top Quality Employee Rights Law Firm 
At Wenzel Fenton Cabassa, P.A., we know how to fight for the rights of workers across the state. We do it every day. We understand the complexities of employment discrimination cases and have held employers across industries accountable for their terrible, unlawful actions. Our attorneys are top quality and are dedicated legal advocates of our clients. With a strong passion for employee rights, we work diligently and aggressively for our clients who have suffered through employment discrimination, while being thoughtful and understanding of your needs.
It is critical not to delay contacting an attorney. There are statutes of limitations on filing discrimination cases, and you can easily run out of time if you do not take action.
At Wenzel Fenton Cabassa, P.A., we provide the resources, experience, and wisdom needed to navigate your legal dispute, obtain workplace justice, and put this chapter of your life behind you.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Top 5 Telemarketing Tactics Used to Target Customers
Note: Our firm does not handle TCPA cases directly; we work with trusted attorneys who do. If you contact us about a TCPA matter, your case may be referred to another lawyer or law firm.
Robocall scams are rampant across the U.S. Many of these scam calls are extremely aggressive and are in violation of the Telephone Consumer Protection Act (TCPA). Meaning, the harassing calls you are receiving may be illegal and you may have a case to which you could be entitled to up to $1500 for each call violation.
It is important to know that you have rights as a consumer. At Wenzel Fenton Cabassa P.A., we take TCPA violations very seriously and work hard to fight for consumers across Florida to stop robocall scams in their tracks — and hold them accountable for their harassing tactics.
Want to know how telemarketers target customers just like you? Here are five telemarketing examples:
1. Calling at Odd Hours

Telemarketers will often call people outside of the normal business day — including early morning hours, at night, and on Saturdays and Sundays too. Even though there are strict rules under the TCPA (calls cannot generally be made before 8 a.m. or after 9 p.m., local time), many telemarketers try to get away with calling at odd hours to execute these robocall scams.
2. Using a “Trojan Horse”
Do you sometimes get calls that are confusing or misleading about the real purpose of the call? This is called a “Trojan Horse.” Telemarketers can utilize the tactic of not stating immediately why they called. One of the things they may say can be offering something special for free, like a vacation, when they are actually trying to make a sale (time-share condo, cruise, etc.)
3. Making Follow-up Calls

Another potential TCPA violation is the tactic of making follow-up calls. If a particular telemarketer doesn’t get the answer he/she wants, they may continue to make multiple calls throughout the day. This is not only annoying, but it can also be a robocall scam that violates your rights as a consumer.
4. Misrepresenting Their Authority
Telemarketers can get pretty tricky to get the outcome they want on a telephone call, including misrepresenting their position of authority. A caller might say they can guarantee you something (like a specific price for a product) but not actually be able to follow through with that statement. Consumers across Florida and the United States can not only be conned out of a lot of money this way but can also be the victim of a TCPA violation at the same time.
5. Utilizing “Neighborhood Spoofing”

The robocall scam of “Neighborhood Spoofing” is rampant across the country. It is identified as when a telemarketer will use a local area code when attempting to contact you in hopes that you are more likely to pick up the call. It is a particularly tough tactic to deal with because it is much harder to screen.
Don’t Let Robocall Scams Get the Best of You
At Wenzel Fenton Cabassa P.A., we take telemarketers that commit TCPA violations head on. We are aggressive consumer rights attorneys that are experienced and have deep expertise with the Telephone Consumer Rights Act.
Have you experienced one or more of these telemarketing tactics? You may have a case. You may even be entitled to up to $1500 for each unwanted call you have received in the last four years.
Contact Wenzel Fenton Cabassa P.A. today to set up a free, confidential case evaluation. We are here to fight your rights as a consumer against robocall scams and other TCPA violations.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Top 5 Tricks Employers Use to Get Out of Paying Overtime Wages
We’ve said it before: knowledge is power when it comes to overtime laws. Underhanded employers rely on their workers’ unfamiliarity with regulations set by the Fair Standards Labor Act (FSLA) and devise slight smoke-and-mirror schemes to obscure an employee’s overtime eligibility. However, most managers don’t moonlight as magicians so they’re not as skilled in concealing these secrets.
Is your boss using “sleight-of-hand” to keep you from the wages you deserve? It’s time to find out if you’ve been duped. Here are the top five tricks employers use to get out of paying overtime wages. .
5. Encouraging Employees to Work During Unpaid Breaks
If your employer asked or even allowed you to work through an unpaid, scheduled break, but failed to adjust your hours, then that time was unlawfully deducted from your pay. It’s true, working during a lunch break alone doesn’t exactly equal overtime pay – employees must work 10 or more hours to qualify; however, this unlawful practice is probably part of a bigger company pattern.
If your employer isn’t shy about encouraging unpaid lunch hours, then it’s likely that, in the past, he or she has asked for additional courtesy hours at the end of the day, as well. Remember a standard work day plus a one-hour, “on-the-clock” lunch brings most employees to nine working hours. All it takes is just one more additional hour spent on a lunch-free day and you’re entitled to overtime by law.
4. Providing a Salary Instead of an Hourly Wage
Annual-wage workers aren’t automatically exempt from overtime pay. Yet, deceitful employers may let low-income employees believe that they need to work (for free) around the clock to qualify for their so-called salary; however, this isn’t always the case.
If you’re provided a salary instead of an hourly wage and make less than $455 per week, then you should receive overtime for any work time that’s equal to 10 hours or more. An annual salary of $24,000 or lower guarantees those long, salaried hours will be rewarded with time and one-half of an employee’s regular pay rate. If your company doesn’t track or pay those additional low wage salary hours, your employer could be tricking you into complementary work time.
3. Misclassifying Workers as Exempt
When an employer designates a low wage worker as “salaried,” often he or she is misclassifying that worker as exempt. Exempt workers are not eligible for overtime, whereas nonexempt employees are.
If you’re a low-wage worker or an employee with a job title or description that does not qualify for exemption under the FSLA’s guidelines, then you are likely entitled to overtime. An employment attorney will let you know whether or not you qualify.
2. Altering Job Titles or Descriptions
According to the FSLA, a worker’s job title and duties also categorize a worker as exempt or nonexempt. Some employers may alter job titles or descriptions to unlawfully qualify workers for exemption.
If you’re a low-level worker with a managerial title, you may think you’ve hit the jackpot – especially if your daily responsibilities don’t reflect the tough, authoritative decisions outlined job description; however, this deceitful tactic could be a means of increasing your production while withholding additional pay.
1. Retaliating Against Workers Who Fight for Unpaid Wages
As their grand finale, some double-dealing employers may retaliate against an employee that fights for unpaid wages. By withholding bonuses or even firing employees, some companies believe they can silence the problem. The truth is, this “trick” is unlawful, as well.
Perhaps you were armed with information on the FSLA’s overtime regulations. If so, it’s possible you confronted your dishonest employer about any one of these unfair or unlawful practices. Subsequent wrongful termination and other avenging acts by your employer may entitle you to the overtime wages you sought, as well as damages.
Do you believe you’re owed unpaid overtime? Show your employer a few tricks of your own. Contact Wenzel Fenton Cabassa, P.A. for a free case evaluation regarding your employment wages.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Top 7 Questions About Unpaid Overtime in Florida
Do you think you are due unpaid overtime? Are you confused about FLSA overtime law? It is not uncommon for employers to say and do things to keep you from getting the fair wages that you’re due under the law. But employee rights can be pretty complicated. Wenzel Fenton Cabassa, P.A., is here to help you understand when you may have been denied legally-owed wages— and what to do about it.
Understanding FLSA Overtime Laws & Unpaid Overtime
Here are 7 top questions about unpaid overtime in Florida:
1. How Do You Calculate Unpaid Overtime in Florida?
Unpaid wages can add up quickly — amounting to a substantial amount of money for an employee. To determine how much you are owed, take your regular pay rate and multiply it by 1.5. Once you have that number, multiply it by the number of hours you worked above 40 per week.
Check out our overtime payment calculator for more information. Please note there are several alternative ways to compute the overtime premium due to you if you are not paid by the hour, for example, but by the piece or the job, and other nuances which experienced counsel will review with you if you do not fit into the typical hourly-paid payroll structure.

2. Are Salaried Employees Eligible for Overtime?
It is pretty common to think that if you are paid a salary instead of by the hour that you are not eligible for overtime. However, that is not necessarily true — it depends on the type of job that you have. With FLSA overtime law, anyone who is eligible for overtime and works over forty hours within a workweek must receive time and a half pay for those extra hours worked.
Typically, it is “white-collar” workers that would be exempt from receiving overtime. Exempt workers include:

A salary of not less than $455 per week, AND
Primary job responsibilities are professional, administrative, or executive — where each of these categories of workers must perform specific duties — like supervising employees (at least 2 full-time or the equivalent) and have the power to recommend hiring or firing, or do the hiring or firing themselves

If this does not describe your position and responsibilities then you may very well be eligible for overtime pay.
4. Is There a Statute of Limitations on Filing for Unpaid Overtime?
Like many other types of legal matters, there are statutes of limitations on filing a case against your employer for unpaid overtime. The FLSA, in general, has a statute of limitation of two years to recover unpaid wages. But — if you can prove that the employer’s violations of the FLSA were “willful”, then the court has the ability to extend the time out to three years. An experienced employee rights attorney can help you to get the best outcome possible.
 
5. How Do I Know if My Employer Broke the Law?
Some employers will try many different techniques to avoid paying their employees their rightful wages. Here are several illegal actions that can occur across industries which can lead to unpaid overtime:

Make employees work “off the clock” after they have reached the 40-hour threshold for the week
Fail to keep accurate time records or dock hours from a paycheck
Classify a worker as exempt when they shouldn’t
Classify a worker as a contractor when they shouldn’t

Did you know that domestic workers are also usually covered by FLSA overtime law too? This includes cooks, housekeepers, and full-time babysitters.
 
6. What Kind of Outcome Can I Expect if I File a Case for Unpaid Overtime?
Your chances are much greater to receive what is legally owed to you with an experienced attorney in employment law. They can help you make the best choices along the way and know what to file — and when. Often, unpaid overtime cases will be part of a class action suit with other employees. This can also change the outcome.
You may be entitled to:

Compensation for unpaid overtime
Liquidated damages — funds that compensate you for the delay in receiving wages from your employer
Attorneys’ fees

The liquidated damages that an employee may receive are typically equal to the amount of money you are owed by your employer for the unpaid wages.
 
7. Should I Hire an Attorney to File a Case for Unpaid Overtime?
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An attorney who is experienced in the complexities of state and federal legislation regarding employment law can make a significant difference in the outcome of your case. Employers often have a lawyer, if not a team of lawyers that will do their best to keep what is rightfully yours out of your pocket. You have a right to representation by someone who will fight for justice —and hold employers responsible for illegal acts.
At Wenzel Fenton Cabassa, P.A., our employment law attorneys are experienced in wage and hour violations for employees. We tackle any workplace violation aggressively and with you, and your family, in mind.
Contact us today for a free, confidential case evaluation. We have helped thousands of people just like you. Our attorneys work diligently to help employees with unpaid overtime, among other important practice areas of employment law.
 
Other unpaid wages & overtime articles
My Employer Is Not Paying Me Overtime, Do I Sue?
How to File an Unpaid Wages Claim in Florida and Recover Your Back Pay
9 Reasons to Hire an Employment Attorney to Recover Overtime Pay
[Ebook] You Did The Work, Now You Should Be Paid: Overtime, Minimum Wage, & Unpaid Wages
 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Top 8 Examples of Pregnancy Discrimination in the Workplace
The 1978 Pregnancy Discrimination Act (PDA) protects women from being fired or discriminated against on the basis of pregnancy, childbirth, or related medical conditions at workplaces with 15 or more employees. Although the PDA has been federal law for nearly 40 years, discrimination against pregnant women continues to be an issue in the workplace. In fact, in 2016, the U.S. Equal Employment Opportunity Commission (EEOC) received nearly 3,500 pregnancy discrimination charges, and between 1992 and 2007, the number of charges filed with the EEOC increased 65%.
There’s no question that pregnancy discrimination is a common occurrence in today’s workplace, and it’s important to have a firm understanding of how it can manifest itself. Here are 8 examples of how you could be discriminated against or even fired by your employer because you are pregnant or recently gave birth.

Examples of Pregnancy Discrimination at Work

Firing or Discriminating Against a Pregnant Employee

There are many examples of blatant pregnancy discrimination, such as when a manager fires a pregnant employee because he doesn’t think she will be able to do her job. But there are also less flagrant examples. Although an employer may have good intentions, such as being concerned about a pregnant employee’s safety on the job, it’s still illegal to discriminate against or fire a pregnant employee due to concerns for her health. For example, even if a job necessitates lifting heavy objects or being around toxic chemicals, the safety of the employee and her fetus is ultimately up to her and her physician, not her boss or employer.

Harassing an Employee for Being Pregnant

Offhand or occasional derogatory comments may not constitute harassment, but frequent and pervasive conduct—such as unwelcome and offensive jokes, insults, physical assaults and threats, and intimidation—that interferes with a pregnant or new mother’s work performance and creates a hostile working environment is considered harassment. This harassment can be carried out by a supervisor, co-worker, business partner, or even by clients or customers. For example, if a manager repeatedly makes comments to his direct report about how her pregnancy status is affecting her work in the hope that she will quit or transfer to a different position, this conduct may rise to the level of actionable harassment.

Refusing to Hire Someone Because They Are Pregnant

If a job applicant is pregnant or could become pregnant in the future, a company cannot refuse to hire her for those reasons (The same holds true for an employee who is applying for another position within the organization.) Many companies attempt to justify this by saying that they only want to hire someone who will be able to continue to work without any interruption. The employer may want to avoid what it assumes will be a negative economic impact or disruption of work in the workplace but that is illegal. An employer can’t make an assumption based on bias or stereotypes about how that employee will act during her pregnancy or following childbirth.

Not Providing Reasonable Accommodations

If an employee has pregnancy-related complications or impairments, she must receive the same accommodations as other employees who have medical impairments. For example, if an employee injured her back and is offered a light-duty assignment until her back heals, a pregnant employee must also be provided “reasonable accommodations” to perform light-duty work during her pregnancy. Just being pregnant is not enough to trigger the duty of the employer to make accommodations, however, and the employer may require medical certification to support a request for accommodation.
A couple of accommodation examples include changing a pregnant employee’s work schedule if she has severe morning sickness or providing a stool for a pregnant employee at her workstation so that she’s not constantly on her feet. In these cases, the employees will likely have to provide a physician’s note to document their medical conditions.

Firing or Discriminating Against an Employee for Pumping Breast Milk

Under the Affordable Care Act, an employee who is a new mother must have the opportunity to pump breast milk at work in a safe and private place other than a bathroom. She must also be given reasonable breaks to do so. However, if a company has less than 50 employees, and it can prove that providing breaks or a private space would create “undue hardship” to the company, it may not be required to offer this arrangement to its employees.

Forcing an Employee to Take Time Off, Change Jobs, or Not Considering Them for a Promotion

Although an employer may believe that a pregnant employee should take a certain amount of time off after giving birth or want to reassign the pregnant employee to a less stressful job, it’s illegal to do so. As long as the employee is able to perform her job, she must be allowed to do so.
Again, even though an employer may believe that they are looking out for their employee, employment decisions cannot be based on the assumption that the employee may not be capable of carrying out the tasks of a particular job. For example, an employer cannot refuse to promote an employee who has recently given birth because the company assumes she won’t be as committed to her new position.

Restricting Pregnancy-Related Medical Leave

Under the PDA, an employer is required to allow an employee who has physical limitations due to her recent pregnancy to take leave under the same terms and conditions as their employees who have an equivalent ability or inability to work. For example, an employer cannot do the following:

Fire a pregnant employee for being on leave if it’s covered by an employer’s sick leave policy.
Require an employee who is limited by pregnancy or related medical conditions to first use her sick leave before using other types of leave if an employer does not require the same of its employees who request leave for other medical conditions.
Force a pregnant employee to take a shorter leave than what an employer allows for medical or short-term disability leave.
Stop an employee who is temporarily disabled because of her pregnancy from taking leave without pay; that is, if an employer does not do the same for other employees who have the same ability or inability to work.

In addition, an employer has to hold the pregnant employee’s job open for the same amount of time they would for employees who are on sick or temporary disability leave. And under the Family and Medical Leave Act (FMLA), an employer must allow the pregnant employee to return to her job or one that’s similar in pay, benefits, and other terms and conditions of employment.

Retaliating Against an Employee Who Complains About Pregnancy Discrimination

During the past decade, the EEOC has reported that retaliation is the most common form of discrimination found in federal sector cases. But it’s also prevalent in the private sector because it’s a natural reaction for people to retaliate when they feel as though they’ve been aggrieved in some fashion.
However, it’s against the law for employers to demote, fire, harass, or otherwise “retaliate” against an employee for filing a pregnancy discrimination complaint, opposing pregnancy discrimination, or participating in a pregnancy discrimination proceeding. An example would be a pregnant employee who was told that she could no longer do her job, so she was subsequently demoted. After threatening to file a claim with the EEOC, she was then fired because her employer alleged that she misplaced a large sum of money when in reality she didn’t.
Although pregnancy discrimination is not easy to prove, it’s important to document the conversations you had with your employer and co-workers and the resulting actions that were taken against you. This information will be extremely useful if you file a complaint with your company or pursue legal action. To prove that you were discriminated against, you may also have to exhibit that you were treated differently than your co-workers who had comparable qualifications and performance records.
If you feel as though you may have been discriminated against because you are pregnant, you should speak with an employment attorney. You may be able to file a claim with the Equal Employment Opportunity Commission (EEOC), which enforces anti-discrimination laws, including the PDA. To learn more about pregnancy discrimination, download our free Guide to Protecting Yourself Against Pregnancy Discrimination.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Top 8 FMLA FAQs (and Answers) You Should Know
Filing for leave under the Family & Medical Leave Act (“FMLA”) can be intimidating, especially when you do not know what to expect and how it may affect your family – and your job. Not knowing if you will be eligible for FMLA leave, if you will receive adequate compensation or if you will have a job when you get back from leave are all concerns that weigh heavy on the mind.
To assist in alleviating some of the stress from the process and offer some peace-of-mind, we’ve put together a list of the most frequently asked FMLA questions.
8 Most Frequently Asked FMLA Questions (and Answers)
1. What is the FMLA?
The Family & Medical Leave Act (FMLA) was enacted into law in 1993. The specific description on the Department of Labor website says the Act:
“Entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.”
2. What Does the FMLA Cover?
Coverage areas are one of the most popular FMLA questions. The standard time frame under FMLA is 12 workweeks of leave in a 12-month period. The different types of situations that it covers for an employee include:

The birth and care of a newborn child within one year of birth
The placement and care of a child for adoption or foster care within one year of placement
Caring for a spouse, child, or parent who has a serious health condition
Time off for a serious health condition that makes the employee unable to perform the essential functions of his or her job
A qualifying need arising out of the fact that a spouse, son, daughter, or parent is a covered military member on “covered active duty”

Also, there is an extended leave covered in the area of military service called military caregiver leave. It entitles the employee to 26 workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin.
It is also important to note that parental leave under the FMLA after the birth of a child or the adoption or fostering of a child is available for both parents.

3. What Are the Different Types of FMLA Forms I May Need?
As with many types of government programs, you need to file certain FMLA forms dependent upon your situation. The Employer may use different forms but the Department of Labor has issued standard forms. Some of the standard Department of Labor approved forms are listed below. Your responsibility is focused on providing the employer notice of the need for leave in a timely manner. You do not necessarily have to put your request in writing, or use a particular form, or even use magic words specifically identifying the FMLA. You may be required to provide certification from your doctor to support the request (or certification from your family member’s doctor and you have an obligation to do so in a timely manner.
The Department of Labor has also provided standard forms for use by the employer. The employer is focused on asking you for detailed information once they are on notice of your need for leave, providing an answer to your request for leave, and placing you on notice of your obligations to provide them with additional information in a timely manner.
Some of the relevant documents include:

Health Care Provider Certification Form – Employee – WH-380-E
Health Care Provider Certification Form – Family Member – WH-380-F
Notice of Eligibility and Rights & Responsibility Form – WH-381
Designation Notice Form – WH-382
Certification of Qualifying Exigency for Military Leave Form – WH-384
Certification for Serious Injury or Illness of Covered Service Member Form – WH-385

 4. Which Types of Employees Qualify for FMLA Eligibility?
Not everyone who works qualifies for leave under the Family & Medical Leave Act. An eligible employee is defined as one that:

Works for a covered employer
Has worked for the employer for at least 12 months
Has a minimum of 1,250 hours of service for the employer during the 12 month period immediately prior to the leave
Works at a location where the employer has at least 50 employees within 75 miles

The twelve months mentioned above does not have to be consecutive. FMLA applies to both the public and the private sector. Public agencies (local, state, federal), however, do not have a minimum requirement for the number of employees.
5. Is My Employer Required To Pay Me When I Take FMLA Leave?
No. The FMLA only requires unpaid leave. But, the law does permit an employee to elect to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period. FMLA law also allows an employer to require an employee to use accrued sick or vacation time. An employee must follow the employer’s normal leave rules in order to substitute paid leave.
6. Can My Employer Move Me To a Different Job When I Return From FMLA Leave?
Once you return from FMLA leave (either after a block of leave or an intermittent leave), FMLA law requires the employer return you to the same job or one that is nearly identical (equivalent). If, for example, they demote you to a job with less responsibility or lower pay, that could be a violation of the law. This protection only applies if you return before your leave runs out. In other words, if you are on leave for more than the allotted 12 week period, you lose the right to return to the same job protections of the Act.

7. Can You Lose Your Job if You Take FMLA Leave?
It is against the law for an employer to deny you the rights you have under the FMLA. If you decide to take leave under the Family & Medical Leave Act, your employer cannot use it as a negative factor in any employment action, including firing you for taking it.
Also, your employer cannot discriminate against or fire you if you complain that they violated your rights under the FMLA. If you feel you were fired for taking FMLA leave or have been subject to pregnancy discrimination in any way, you may want to consider consulting an experienced wrongful termination attorney.
8. What Should I Do if I Feel My Rights Were Violated Under the FMLA?
Employment law attorneys specialize in violations of the Family & Medical Leave Act. So the first thing to know is that you are not on your own.
If you feel your rights have been disregarded or infringed upon, you should first document all instances of retaliation you feel took place —and who was involved. You should also gather all communication pertaining to any adverse employment action related to this, such as emails, letters, disciplinary notices, etc. After you have your information, consider contacting an experienced employee rights attorney who can help evaluate your circumstances.
At Wenzel Fenton Cabassa, P.A., we’re here to protect your rights and help you take action when you’ve been discriminated against, wrongfully terminated, or retaliated against for exercising your right to take medical leave from work under the FMLA. Contact one of our Labor Law Attorneys today to schedule your free case evaluation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Top 8 Frequently Asked Questions About Sexual Harassment in the Workplace
Any kind of sexual harassment is unacceptable. Sexual harassment in the workplace has gained an enormous amount of national attention over the last year, and individuals (and the employers of these individuals in many cases) are being held accountable for their actions.
Do you know what constitutes sexual harassment?
It is important to understand the complex questions surrounding the subject, your individual rights, and the different avenues available in holding people accountable and receiving justice for victims.
8 Common Questions About Sexual Harassment in the Workplace

What is Sexual Harassment?

Sexual harassment in the workplace is a form of sex discrimination. It is a violation of Title VII of the Civil Rights Act of 1964. An employer may be held responsible for sexual harassment by its employees under certain circumstances. Not all conduct of a sexual nature or conduct which may be fairly described a sexual misconduct will be actionable or the basis to hold an employer responsible for the actions of an employee. The Equal Employment Opportunity Commission (EEOC) has guidelines that define two types of sexual harassment: “quid pro quo” and “hostile environment.”

What is “Hostile Environment” Sexual Harassment?

Sexual harassment in the workplace defined as a “hostile environment” can include one or more of the following:

Unwelcome sexual advances
Requests for sexual favors
Other verbal or physical conduct of a sexual nature

When this type of conduct occurs that has the purpose or effect of creating an intimidating, hostile, or offensive working environment and/or unreasonably interfering with an individual’s work performance, this is defined as a “hostile environment.”

What is “Quid Pro Quo” Sexual Harassment?

“Quid pro quo” behaviors approach sexual harassment in the workplace as a type of transaction. This means that any requests for sexual favors, unwelcome sexual advances, or other physical or verbal conduct of a sexual nature would be connected to:

Submission to conduct is made (either explicitly or implicitly) a term or condition of an individual’s employment
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such an individual up to and including firing from said position, and related employee benefits, salary, or promotions

Both of these types of sexual harassment are covered under employment law. Expert employment rights attorneys help individuals with these cases every day.

Who Can Be a Victim of Sexual Harassment?

Women are often the primary victims of sexual harassment, but men can be victims too. Also, the victim does not have to be of the opposite sex. In addition, a person who is affected by the offensive conduct can also be classified as a victim of sexual harassment in the workplace.

Who Can Be a Sexual Harasser?

Individual harassers can be either a man or a woman. A harasser doesn’t only have to be a person’s boss. The roles can include:

A supervisor
An agent of the employer
A supervisor in another area
A co-worker
A non-employee

Many times, a sexual harasser will be a person in direct authority — but that is not always the case. The unwanted behavior of other individuals listed above is well-documented and can occur across industries.

What Constitutes Sexual Harassment?

Verbal remarks without physical touching can constitute sexual harassment. The frequency, nature, context, and intended target of the remarks will be investigated. The relevant factors involved can include whether the individual harasser singled out the charging party if the language was derogatory or hostile, and the particular relationship between the alleged harasser and the charging party.
A singular incident that is unusually severe may constitute a Title VII violation. From “quid pro quo” to “hostile work environment,” the general rule is that the more severe the harassment, the less the need is to show a repetitive series of incidents. Professional employee rights advocates understand the complexities of the definitions and can help you move through the process. You don’t have to be in it alone.

What are the Types of Remedies in Pursuing Justice for Sexual Harassment?

Depending on the situation, victims of sexual harassment may be entitled to certain remedies in the pursuit of justice. Whether the unwanted behavior is ongoing or if you have been terminated, these can include the following:

Compensatory damages
Reinstatement to your job — with all pay and benefits
Back pay — from the date of termination to the settlement or verdict
Punitive damages — if the behavior was especially egregious, or if there are similar claims and settlements
Emotional damages — for psychological suffering and damage to reputation
“Front pay” damages — what you would have earned had you continued the place of employment

As you may have seen in the national media, powerful people across broadcast media, entertainment, politics, hospitality, and more are being held accountable. You may be entitled to one or more of the above types of damages or payments.

What Should I Do if I Feel I Have Been a Victim of Sexual Harassment?

The first thing to know is that you are not alone and there are resources to help. People across industries are unfortunately dealing with sexual harassment in the workplace — but there are professionals that have the experience and expertise to help bring harassers to justice.
Reaching out to dedicated employee rights attorneys is your best option to hold people accountable and fight for your rights. A general attorney who does not specialize in the field does not have the comprehensive expertise and experience to help you the best.
Wenzel Fenton Cabassa, P.A., has helped thousands of others just like you. When employees want workplace justice, they call us. If you are not sure if you have a case or not, it’s okay. That is what we are here for. We provide confidential, free, initial consultations to talk about what happened and what your options might be. Any kind of sexual harassment is unacceptable. It is wrong — and the harassers should be stopped and held accountable for their behavior.
We are an industry-respected firm that possesses a track record of success in handling complex employment law disputes. We are here to help. Call us today or fill out the form to request your free, initial case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Top Labor Law Violations in Florida - and How to Report Them
If your employer committed labor law violations, would you recognize it?
These violations are much more common than many people think. Employee rights stretch far and wide, with strong protections against many types of actions that employers may take. From issues that directly affect your paycheck to varying civil rights violations, it is vital to be aware of the types of violations that commonly occur and how to report labor law violations.
Common Labor Law Violations in Florida
Florida workers face multiple types of labor law violations, resulting in negative consequences for themselves and their families. Even with strict legislation in place, employers make decisions and take actions to benefit their business (or even themselves) at the expense of their employees. Here are some common labor law violations in Florida:

Not paying you for compensable time – this includes any hours worked, such as attending meetings, checking inventory, working through your lunch breaks and mandated breaks, working after your official shift, cleaning, or getting dressed in PPE necessary for work or overtime pay.
Not paying your earned bonuses or commissions – if bonuses and/or commissions are part of your terms of employment or employment contract, and you earn them according to the terms, you are entitled to those bonuses or commissions.
Not paying you at least minimum wage – Florida’s minimum wage is higher than the federal minimum wage at $7.25. As of September 30, 2021, the minimum wage in Florida is $10.00 ($6.98 for tipped employees). Workers in Florida are entitled to the state minimum wage.
Sexual harassment – Florida civil rights laws and Title VII of the Civil Rights Act protect Florida employees from sexual harassment.
Retaliation against whistleblowers – when workers report illegal activity, unsafe working conditions, or other actions such as testifying to government agencies, retaliation is prohibited (such as employee termination); private and public sector protections are defined separately.

These are examples of some of the common employment law violations in Florida. Multiple state and federal labor laws protect workers across Florida.
State and Federal Labor Law Violations
Employers must obey state and federal labor laws. They risk financial penalties, legal costs, unfavorable legal rulings, and even reputational problems if they do not. Even with these risks, employers still violate employee rights.
Employment law attorneys represent workers who have been the subject of state and federal labor law violations, fighting hard for their clients to hold companies responsible for their actions, including violations of the following legislation:

Florida Civil Rights Act (FCRA) of 1992 – state law protecting individuals against discrimination based on race, color, religion, sex, pregnancy, national origin, age, disability, marital status, or sexual orientation.
Florida Whistleblower Act – state Statute 448.102 protects private-sector employees who object to an activity, policy, or practice that violates a regulation, rule, or law or report or threaten to report their employers for their violations. State Statute 112.3187protects the public sector – employees must qualify as a whistleblower and follow strict reporting requirements and timelines.
Title VII of the Civil Rights Act– federal law prohibiting harassment or unequal treatment based on race, color, sex, religion, or national origin in the workplace or as part of the hiring process.
Fair Labor and Standards Act (FLSA) – federal law enforced by the Department of Labor’s Wage and Hour Division; establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
The Americans with Disabilities Act (ADA) of 1990 – federal civil rights law prohibits discrimination based on disability.
The Age Discrimination in Employment Act (ADEA) of 1967 – a federal law that prohibits employment discrimination against persons 40 years of age or older.

If you believe your employee rights have been violated, consult an attorney specializing in labor law violations. They can advise you on the appropriate legal avenues and legislation best suited for your particular situation, whether it be state or federal law.
When filing a case against an employer, the violation(s) must be reported.
How to Report Labor Law Violations
Do you know how to report labor law violations? The reporting agency will depend on the type of labor law violation. For example, if your employer has neglected to pay overtime that you have lawfully worked, a complaint can be filed with the Wage and Hour Division (WHD) of the Department of Labor, which would include:

personal information,
employer information,
payment information,
dates and descriptions of violations, and
job title and description

If you believe you have been discriminated against at work due to your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information, you can file a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) or with the Florida Commission on Human Relations, depending on the circumstances. Detailed, relevant information should be included in the report, including the date(s), individual(s) involved, any documentary evidence, and details of what occurred.
Employees should report labor law violations because they deserve justice. Unfortunately, there are times employers will retaliate against an employee if they do report them.
What Should You Do If You Are Fired for Reporting Labor Law Violations?
If you have been fired for reporting labor law violations, know that state and federal laws exist to hold your employer accountable. Employment law attorneys are experts in employee rights and understand what it takes to get justice.
Consult with an attorney regarding the details of your situation. You may be entitled to significant compensation and other resolutions to the case. Even if your former employer threatens or harasses you not to make a case against them, know it is your right to do so. Powerful, bullying employers should be held accountable for labor law violations that affect you, your career, and your family’s future.
Wenzel Fenton Cabassa, P.A. has the experience you need if you have been fired for reporting labor law violations. We have worked with employees across industries, helping thousands of people throughout the state get justice.
Don’t do this alone.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Top Laws that Protect You When You've Been Laid Off
Losing your job is stressful. Beyond financial worries and health insurance concerns, you may be asking: What rights do I have after being laid off? Fortunately, several federal laws provide protection for employees who have been laid off.If you’re in Florida (especially Tampa or St. Petersburg), understanding these protections is even more important. Florida employees face frequent mass layoffs in industries like healthcare, hospitality, and logistics. Local case review with a Sarasota employment attorney can help ensure your rights are fully protected.

COBRA: Continue Your Health Insurance After a Layoff
The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows you to keep your existing health coverage after termination or reduced hours.

Employers must provide written notice of your COBRA rights within 90 days.
You must actively elect continuation coverage.
Failure to notify you properly may result in liability for the plan administrator.

In the Tampa Bay area, many employees rely on COBRA to maintain health coverage during transitions. If your employer did not provide proper COBRA information, speaking with a Florida employment rights lawyer can clarify your options.
HIPAA: Special Enrollment Rights After Losing a Job
The Health Insurance Portability and Accountability Act (HIPAA) protects you if you want to switch plans after losing your job.

You can enroll in a spouse’s employer plan without waiting for open enrollment.
Losing your job triggers a “special enrollment period” for the Healthcare Marketplace.
Depending on your income, subsidies may help lower premium costs.

For St. Petersburg employees, HIPAA rights often mean quick access to affordable health care without a long coverage gap. Local legal support ensures you understand both federal protections and Florida-specific enrollment options.
WARN Act: Notice Requirements for Mass Layoffs
Under the Worker Adjustment and Retraining Notification (WARN) Act, employers with 100+ employees must provide 60 days’ notice in cases of plant closings or mass layoffs.

Applies to both hourly and salaried workers.
Notice must be given to employees, managers, and local government officials.

This law answers frequent questions like “layoff notice requirements” and “employee rights WARN Act.” In Florida cities like Miami, large employers in manufacturing, tech, and retail are often subject to WARN Act obligations. If your company failed to give notice, a Miami layoff attorney may help you pursue remedies.
ADEA: Age Discrimination Protections During Layoffs
The Age Discrimination in Employment Act (ADEA) protects employees 40 years and older from being unfairly targeted in layoffs.

Employers cannot reduce the workforce based on age.
They cannot pressure older employees into early retirement.
Employees can pursue legal action if age discrimination influenced termination.

Florida’s large retirement-age workforce makes age discrimination in layoffs a common issue. If you’re in Jacksonville and suspect your age factored into your termination, consult with a Florida employment discrimination attorney.
Anti-Discrimination Laws: Protecting Workers in Other Classes
Beyond age, federal laws also protect workers from layoffs motivated by:

Sex and gender
Pregnancy
Religion
Race or ethnicity
Disability
Whistleblowing activity

If you believe your layoff was tied to one of these protected categories, you should speak with an attorney at Wenzel Fenton Cabassa, P.A.. Their team serves employees across Tampa, St. Petersburg, and all of the major metropolitan areas in Florida who are facing workplace discrimination or retaliation.
Talk to an Employment Attorney Today
If you believe your layoff was unlawful, or you weren’t given the rights you’re entitled to, contact the professional employment attorneys at Wenzel Fenton Cabassa, P.A. for a free case evaluation. Their team proudly serves clients in Tampa, St. Petersburg, and across Florida.
FAQs About Employee Rights After a Layoff
What are my rights if I’ve been laid off?
You may have the right to continue health coverage (COBRA), join a new plan immediately (HIPAA), receive 60 days’ notice in mass layoffs (WARN Act), or challenge discrimination (ADEA, Title VII). Florida workers may have additional considerations under state law.
Can I sue for being laid off unfairly?
You cannot sue simply for being laid off, but you can take legal action if the termination violated discrimination laws, the WARN Act, or other protected rights. A Wenzel Fenton Cabassa can review your case to see if you have legal grounds.
What happens to my benefits after a layoff?
Health coverage may continue through COBRA or HIPAA enrollment. Retirement plans depend on your employer’s policies, but you generally keep what you’ve already vested. Florida employees often need guidance on how local unemployment benefits interact with federal protections.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Top Sexual Harassment Reports & Cases of 2017
The awareness of the prevalence of sexual harassment rose to a much higher level in 2017 with national attention spotlighting entertainment, government, media and other industries across the country. Sexual harassment in the workplace is certainly not new but hopefully with the increased attention on the subject, and powerful people being held accountable for their actions, it will decrease over time. Employees are becoming empowered as they more clearly understand their rights. Here are some examples.
2017 Sexual Harassment Cases & Reports
Harvey Weinstein — Movie Mogul
One of the biggest of the entire year, powerful American film producer Harvey Weinstein was fired from the film company he co-founded after explosive accusations from women across his many years in the entertainment industry. Launched to the national headlines after an article was published in The New York Times, Weinstein’s 84 accusers have reported myriad inappropriate and criminal behaviors from intimidating sexual advances to rape. The L.A. County District Attorney is currently working with various law enforcement officials in regards to official charges.
Matt Lauer — NBC Today Show Host
This long-time co-host and public face of morning television was reported to have multiple accusers of sexual harassment in the workplace at NBC. A memo from the company regarding Lauer’s actions included the termination of his contract with the broadcast media organization. Lauer accusers related accounts of inappropriate sexual behavior in the workplace including comments, exposing himself, and giving a work colleague an explicit sexual gift.
Check out this article to learn more on How to Report Sexual Harassment in Florida.
John Conyers — U.S. Senator from Michigan
A 2015 harassment case against Conyers came to national attention in November via an article by the media outlet Buzzfeed. The case of a former staffer against the U.S. Senator had been settled for $27,000. In a public statement, Conyers denied the allegations. On December 5, this longest-serving member of the Congress submitted his resignation and subsequently endorsed his son to replace his seat. 
Al Franken — U.S. Senator from Minnesota
In the slew of sexual harassment reports and cases in November, Senator Al Franken became another prominent politician facing allegations. Stemming from a USO tour Franken was involved with prior to his entry into Congress, several other women came forward to accuse him of inappropriate sexual conduct. After initially requesting an ethics investigation, and amid pressure from colleagues, Franken announced he would retire. At the beginning of January 2018, Lt. Governor of Minnesota Tina Smith was sworn in to replace him.
Donald Trump — President of the United States
Allegations resurfaced at the national level in December against the current POTUS. The sexual harassment allegations against the President again gained national coverage after initially coming into a major spotlight during the 2016 campaign after the release of the infamous Access Hollywood tape. Trump has been accused by at least 13 women of various actions including sexual harassment and assault. These accusations have included three extensively reported cases, of which one was his former wife, Ivana.
Ken Friedman — Powerful Restaurateur
An owner of one of New York City’s most popular restaurants, The Spotted Pig, has been accused by multiple women including servers and a bar manager. The allegations include inappropriate touching and sexual advances and making text requests for nude pictures. Many others have also claimed daily issues of inappropriate touching and more during the operations of the establishment. Friedman stepped down from the company in December. 
John Besh — Celebrity Chef and Restaurateur
John Besh, a celebrity chef with more than 12 restaurants, faced allegations from 25 former and current employees of sexual harassment on the job. After two official Equal Employment Opportunity Commission (EEOC) complaints were filed a few months prior, the multiple accounts surfaced bringing to light a culture of daily sexual and verbal harassment in Besh restaurants. Mr. Besh also stepped down from his position in the company. From fiscal years 2005-2015, the accommodation and food services industries accounted for the largest percentages of total sexual harassment charges filed.
Warren Moon — NFL Hall of Fame Quarterback
A civil lawsuit was filed in Orange County, California in December against Moon from an assistant in his sports marketing firm alleging him of “unwanted and unsolicited” sexual advances in conjunction with her role. Moon has taken a leave of absence from his role with the Seattle Seahawks’ game-day broadcasting team pending the proceedings.
Discover the history of sexual harassment in the U.S. with this infographic.
Roy Moore — Alabama Senate Candidate
The former judge and Alabama Senate candidate Roy Moore story broke in November when The Washington Post published allegations from a woman who said Moore forced her into a sexual encounter when she was 14. At least nine women have accused him engaging in sexual misconduct throughout his career. Moore lost the special election to replace Attorney General Jeff Sessions.
Louis C.K. — Comedian and Actor
Writers, actresses, and other comedians (totaling 5) accused Louis C.K. of sexual misconduct that went back at least fifteen years. These include instances when the accuser and the comedian were working together on a television show. HBO, Netflix, and the FX Networks and FX Productions all canceled contracts and events with him after the behavior was reported in The New York Times. Sexual harassment in the workplace cases will undoubtedly continue to gain attention in the media as more victims/survivors tell their stories and take action. Sexual harassment is wrong and should not be tolerated in any industry or organization — from entertainment and broadcast media to the restaurant industry and the political arena.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Toyota of Savannah Georgia Settles on Sexual Harassment Case
Sexual Harassment is Considered a Form of Discrimination
It is illegal to terminate someone for refusing a manager’s sexual advances. This is a lesson Coastal Motors, Inc., doing business as Savannah Toyota, is only too aware of as they settle with a former employee.
The U.S. Equal Employment Opportunity Commission (EEOC) brought suit against Savannah Toyota for firing employee, Taylor Williams, in October 2013. Ms. Williams was hired as an assistant to sales manager Eric Williams (no relation). In her role she worked at the dealership, helping Mr. Williams with sales through activities like contacting dealership customers. After a few weeks in the position, Mr. Williams propositioned Ms. Williams, asking her for sexual favors. When she refused his advances, he terminated her via a text to her phone, according to the EEOC.
These actions are in violation of Title VII of the Civil Rights Act of 1964. The act prohibits sexual harassment as it is a form of sexual discrimination. Sexual harassment includes more than just sexual advances. It also covers lewd or inappropriate behavior, comments about personal appearance, rude jokes, sharing of obscene pictures, and sexual innuendos.
After investigating Ms. Williams’ claim, the EEOC decided this situation warranted more exacting scrutiny and brought a lawsuit against Savannah Toyota/Coastal Motors. Bernice Williams-Kimbrough, director of EEOC’s Atlanta District Office, said, “Title VII protects all employees against demands for sex as a condition of their jobs. The Commission is committed to protecting employees from such misconduct.”
Savannah Toyota disagrees that it acted unlawfully in the termination, but agreed to a $30,000 settlement. As part of the settlement, they will also post a notice of their commitment to upholding all of the stipulations set forth in Title VII and agreed not to retaliate in any way against any of their employees who participated in the case.
Many people believe sexual harassment charges can only be brought by a subordinate against someone in power over them and the future of their career, such as a manager or a supervisor, but sexual harassment covers any inappropriate conduct, whether it’s conducted by management, a peer, or a customer.
If you believe you’re being sexually harassed, the first step is to inform the harasser that his or her conduct is not befitting a professional setting. If it does not immediately stop, involve management (if management is not directly involved as a party to it), human resources, or follow the protocol stipulated in your employee handbook.
If that fails, and/or you are terminated from your position, contact a skilled sexual harassment attorney. You may be eligible for:

back pay from the date of termination to the date of settlement
compensatory damages
emotional damages covering suffering and injury to your reputation
reinstatement of your job with pay and benefits
punitive damages in egregious, prolonged, or multiple claim cases

Don’t lose your job over someone else’s actions. Take the steps to ensure you are not victimized by sexual discrimination. Contact the tenacious attorneys at Wenzel Fenton Cabassa, P.A. today.
They have protected hundreds of Tampa Bay area employees against discrimination in the workplace, and the initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Transgender Employee Relations Reveal Shocking Implicit Bias in Workplace Discrimination Cases
Implicit bias contributes to workplace discrimination
What are the implicit biases that cause workplace discrimination cases? Despite workplace training, harassment and discrimination remain problems. In 2014, the U.S. Equal Employment Opportunity Commission (EEOC) received nearly 89,000 charges alleging discrimination against various protected classes, including religion, sex, and race.
So why is this happening? Why does discrimination continue to be a problem?
Some scholars who study the issue say tha,t though explicit biases exist, many more people are affected by implicit biases, which are biases that people don’t know they hold. They unconsciously affect people’s decisions and actions.
Scholars have long studied implicit biases against African Americans, particularly African American men. But implicit biases are a problem for any group of people who’ve faced stereotypes. That includes women and members of certain religious groups.
Recently, there has been increased interest in fighting implicit biases, both in the public and private sectors. A University of South Florida professor provided training to law enforcement groups across the nation. Private companies can benefit from such training, too.
Robin Brodrick, the founder of Talent Counseling, has recommended that employers implement training to inform employees that these implicit biases exist and provide strategies for how to overcome them.
Recent qualitative studies of transgender workers have provided unique insight into some of the subtle biases women face in the workplace. These studies have followed the experiences of those going through male-to-female and female-to-male transitions.
The men who transitioned from being female say that, when they were women, they experienced subtle snubs that did not seem like a big deal, but once they became men, they noticed they got much more respect. People seemed to listen more and interrupt less. Their advice was taken more seriously.
Some of their stories are included in sociologist Kristen Schilt’s book, “Just one of the Guys? Transgender Men and the Persistence of Gender Inequality.”
Women who transitioned from being men noticed the exact opposite. These employees found that they were often talked over in meetings and their opinions were questioned more often.
Do you believe you or someone you know has experienced workplace discrimination?
Everyone deserves justice in the workplace. If you believe that your employee rights have been violated, then we at Wenzel Fenton Cabassa, P.A., are here to help. Give us a call today for a free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Two things your boss can’t do after you’ve been injured on the job
Workplace injury is not a valid reason to fire your employee.
 
Are you an employee who’s been injured on the job? Then it’s important that both you and your employer understand the proper way to handle this workplace injury.
An employer might use a workers’ compensation claim as an excuse to inflict punishment on an employee. If the employer retaliates or fires you because of a workplace injury and/or workers’ compensation claim, then you may be entitled to take legal action.
 
Here’s what your employer can’t do if you’re injured on the job:
 
1. Retaliate against you
If you have a workers’ compensation claim, your employer cannot retaliate against you because of your claim. This includes things like giving you fewer hours, worse hours, transferring you to a far-away location, or make you pay for your medical care.
 
2. Fire you
Terminating your employment is a form of retaliation. Some employers may say they are firing you because of your injury, but many more may give another reason that is pretextual. It’s important to talk with a qualified employment law attorney and find out if your employer’s actions constitute retaliation.
 
Have you been retaliated against for filing a workers’ compensation‘ claim for a workplace injury? Has your employer taken steps to interfere with your filing of a claim? Have you been threatened with termination because you suffered a workplace injury?
 
Then let an employment law expert handle your case. Wenzel Fenton Cabassa, P.A., are steadfast advocates for workplace justice. Contact us for a free case evaluation today.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### U.S. Congress is Aiming to Eliminate Non-Compete Agreements
Have you been required to sign a non-compete agreement? These contracts can place severe restrictions on what you can do after you leave or are forced to leave your position with a company.
Since non-compete agreements can have significant, harmful effects on your career and financial future and are composed, to benefit the employer, the U.S. Congress is aiming to eliminate non-compete agreements.
The Current Legislation
Congress members are coming together in a bipartisan effort in support of workers’ rights. Senator Chris Murphy (D-Conn.) and Todd Young (R-Ind.) have introduced the Workforce Mobility Act of 2019 —a federal piece of legislation that goes beyond more measured approaches at the state level to generally ban non-compete agreements.
The legislators are following up with this Act after an executive order from the Obama administration in (2016) and the Democrat-led legislation (Workforce Mobility Act of 2018). This legislation brings national attention to the plight of workers, tackling several common issues that frequently impinge upon worker success post-employment.
Criticisms of Non-Compete Agreements
Non-compete agreements have been widely criticized for unfairly benefitting the employer while leaving the former employee with far fewer options to thrive. Some of the common criticisms of non-compete agreements include:

Forcing workers to be idle for long periods of time or even make them leave a particular profession/industry after years of developing skills and their career
Restricting worker mobility, reducing wages, and impinging on worker rights and freedoms
Allowing businesses to take over-reaching measures to protect their legitimate interests with trade secret protection, non-disclosure agreements, and intellectual property

These criticisms of non-compete agreements have propelled Congress to seek worker protections under the proposed legislation.
What the Workforce Mobility Act of 2019 Would Do for U.S. Workers
As mentioned above, the new bill, if passed, would generally ban non-compete agreements — freeing workers up from the strict contracts that suppress their careers and even threaten their very livelihood in the profession of their choice. The exception in the Act is for those who are associated with the sale of a business or the disassociation or dissolution from a partnership, but only if the business entity continues to exist after the separation or sale.
What that means is that a majority of workers would have much more flexibility to pursue a living after they leave a company. The Workforce Mobility Act does that by stating that non-compete agreements would not be able to be greater than one year in duration. Also, the proposed legislation would allow non-competes to only restrict the former employee “from carrying on a like business” within the same geographic area where the business operated in the circumstance of a dissolution, disassociation, or sale.
Another parameter of the non-compete agreement legislation includes requiring employers to place highly visible notices in their businesses (such as break rooms) of the law’s requirements. If passed, it would also legally redefine a non-compete agreement. Such language would “restrict” a worker for a specific period of time in a particular geographic area after they leave the job with the employer. The change in verbiage gives former employees greater leeway to work than previous definitions.
The Future of Non-Compete Agreement Legislation
The Senate did hold a hearing after the legislation was proposed. As it stands now, it is not clear if the bill, as it stands, will pass. What it does do to help serve American workers is to act as a stepping stone for federal legislation that does a better job of protecting workers from severe non-compete agreements.
While the wheels of government tend to roll slowly, this bipartisan proposal is a good sign that change is coming to help better protect the interests of workers across many industries. We will continue to keep you up to date on the Workforce Mobility Act of 2019 as well as other news regarding employment law impacting Florida workers.
Non-Compete Agreement Resources
Have more questions about non-compete agreements and your rights? Here are some additional resources to assist.

Non-Compete Agreements: How to Build Your Case
What You Need to Know About Non-Compete Agreements
Florida Non-Compete Agreements: What Is Legal and What Is Not
Fired for Refusing to Sign a Non Compete Agreement





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Uber Case NY Plaintiff Bids to Coordinate Cases with Multidistrict Litigation
Attorney Representing Uber Plaintiff Moves for Multidistrict Litigation
A New York Plaintiff’s attorney in a recent Uber case requested multidistrict litigation or coordination between dozens of cases across the states. Among the cases is a class action lawsuit in California that’s gaining all the attention and challenging the current definition of independent contractors.
In a majority of these lawsuits, employees of Uber Technologies Inc. claim they are owed unpaid wages, tips, and other reimbursement for gas and expenses due to misclassification. Uber is a San Francisco-based company that offers transportation via mobile app to connect drivers to customers.
Hunter Shkolnik of Napoli Shkolnik is the New York Plaintiff’s attorney who moved to combine all cases under one judge and consolidate multidistrict litigation efforts for pretrial purposes. This could halt the proceedings in each individual case in which Uber intends to dismiss litigation attempts by stating that the drivers signed arbitration agreements. Shkolnik has filed almost half the suits on behalf of Uber employees and moved for multidistrict litigation on December 1, 2015. The U.S. Judicial Panel on Multidistrict Litigation is scheduled to attend to this matter on January 28, 2016 in a hearing at Fort Myers, Florida.
Shkolnik’s main concern post-litigation is assuring that all Uber employees enjoy the same protections that are to be decided in a ruling for one of the largest cases against the company in California this June. Shkolnik also mentioned that he wouldn’t be surprised if more cases are filed in every state Uber is operating. “We’re just getting contacted by drivers like crazy… There are a lot of very upset drivers,” reported Shkolnik.
Shannon Liss-Riordan of Lichten & Liss-Riordan and Boston attorney for the California action filed on December 16, 2015 to oppose the multidistrict coordination of cases, which is scheduled for June 20, 2016. Liss-Riordan stated, “After devoting countless hours and hundreds of pages of legal opinions to this case, it would be a grave mistake to transfer this case to another court at this late hour.” In addition, Uber also mentioned that the California case was, “far too procedurally advanced to be consolidated or coordinated.”
In response to Shkolnik’s motion, Uber spokeswoman Jessica Santillo did not comment but cited a December 29, 2015 motion before the Multidistrict Litigation panel that opposed the consolidation of state cases since, “the tests for determining contractor status vary by state, with critical distinctions.” Whether the cases will be consolidated is to be negotiated at the end of January.
As a result of the move toward multidistrict litigation, Liss-Riordan filed a new case with the San Francisco Superior Court on behalf of any Uber drivers who may have been left out of the class action lawsuit on January 4, 2016
Are you or someone you know owed wages due to employee misclassification?
Then, you need an aggressive advocate for your employee rights. An experienced employment law attorney at Wenzel Fenton Cabassa, P.A., can handle your case. Give us a call today.
 
SOURCES:
Uber Faces Plaintiff’s Bid for Multidistrict Litigation




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Uber Harassment Case: What We Can Learn
The Uber harassment scandal launched a huge conversation in the tech world after whistleblower Susan Fowler exposed the sexism and harassment she faced at her former employer. Highlighting that discrimination and harassment happen across industries and can occur at any level, there is still much to learn to improve workplace culture — and human resource and business practices.
To learn from the Uber discrimination debacle, it is important to first talk about the underlying issues that created the scandal.
Understanding the Complex Problems
Harassment and discrimination in the workplace are wrong AND illegal. Unfortunately, many corporations have deeply-rooted policies that have allowed it to happen over and over again. Behaviors end up being covered up – and boards and other executive leaders may not know that their own company has a toxic culture. With the intention of risk management, many companies use a standard corporate practice known as “forced arbitration.”
What is Forced Arbitration?
Forced arbitration basically means that employees give up their right to sue, to participate in a class action lawsuit, or to appeal a dispute involving harassment and/or discrimination. It is often a condition of employment.
If an employee leaves a company due to the behavior that promotes a hostile work environment, employers will also often make them sign a non- disparagement (NDA) agreement to receive a severance package. Minorities and women are disproportionately affected by this practice. These types of “resolutions” have not historically helped to stop the harassment and discrimination from continuing to occur — leaving future employees at all levels vulnerable to the hostile work environment.

What Companies Can Do
After the Uber harassment scandal, it is important for companies to deeply reflect and take action. If not, the toxic cultures will continue to go unseen or even ignored. Some of the things a company can do include:

Tell your employees their legal rights that protect them from harassment and discrimination
Institute a zero-tolerance policy for harassment and discrimination
Edit nondisclosure agreements to take out the “fear language”
Stop the standard corporate practice of forced arbitration
Facilitate open communications between HR and employees

Being proactive is the key. Not allowing a hostile work environment to be tolerated in the first place will not only serve employees well, but it is good for business and can stop a company-wide scandal before it ever gets started.
What Employees Can Do
If you are currently being sexually harassed or the subject of other behaviors that can constitute a hostile work environment, know you have the right to say no and tell them to stop right away. Report the inappropriate behavior to your Human Resources department. If you have been retaliated against after reporting harassment or discrimination, know you have legal rights too. Other things that employees can do are:

Document the inappropriate behavior with dates and details
Save any emails, letters or other documentation that includes harassing or discriminatory language
Consult with an employee rights attorney for help — you may have a case

Taking Action to Help Employees
The Uber harassment scandal could have been prevented. This situation, as well as many other high profile cases, should be a call-to-action for both employers and employees. Workers need to understand their rights, and know that professional employment law attorneys fight for workplace justice each day.
At Wenzel Fenton Cabassa, P.A., we remain by your side throughout the entire process. Following your free initial case evaluation, we take immediate action in getting to know the facts of your case.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Under FLSA You're Probably an Employee, not an Independent Contractor
What’s the Law? Are You an Independent Contractor or Employee?
It’s estimated that by 2020, 40 percent of the U.S. labor force will be freelancing. With freelancing and independent contractor status comes a world of freedoms for the employee, but this might also trigger employment law issues and violations of your rights.
According to the Department of Labor (DOL), it’s a “problematic trend” how many people are wrongly classified by their employers as independent contractors. The Fair Labor Standards Act (FLSA) applies the term “employ” in a very broad sense. If employers are using “independent contractors” as a means for cost control they may be in for a surprise. On this issue the DOL asserts, “Most workers are employees under the FLSA.” This statement makes the DOL’s opinion regarding the likelihood they will find in favor of classifying workers as employees whenever possible very obvious. It wants more employees to be afforded protection under the Act.
July’s misclassification Guidance from the Department of Labor came shortly after the department’s much anticipated reworking of FLSA’s overtime regulations and a request for an increase in the minimum wage. The DOL wants to ensure workers are not left unprotected. While the department provides the guidelines, an employment attorney is your best bet for ensuring those rights are upheld.
Worker Misclassification in Florida
Some states have enacted legislation recently that allows for further protection of independent contractors. In Florida, the knowing misclassification of a worker is a felony. Florida uses the Florida Reemployment Program Assistance Law and 10 factors to determine if someone is an employee or a contractor. They include:

The extent of control the employer has over how the project is done.
The worker having a business that separate from that of the employer.
Whether the worker is supervised or not.
The skill required in the project.
Who supplies the equipment (employer or worker).
The length of time the person is employed.
Whether the worker is paid by the job or for his time.
Whether the work provided by the worker is a key, and unwavering, component of what the employer offers as a product or service. If the business would succeed or fail based on this work being completed, the worker is more likely to be an employee.
Whether the parties believe they are building an employee/employer relationship.
Whether the hiring party is a business or an individual.

FLSA Protections are Good For Everyone
The Department of Labor stated that when workers cannot avail themselves of the protections from the FLSA like minimum wage, overtime payments, unemployment insurance, and workers’ compensation, the government loses tax revenue and that affects the funding of other programs.
Don’t continue to guess whether you should be classified as an employee or an independent contractor. Leave the interpretation to the employment lawyers.
If you believe you have been wrongly classified as an independent contractor and you are really an employee, and thus have been ineligible for qualifying for protections under the Fair Labor Standard’s Act such as minimum wage and overtime compensation, you need someone who can address your employment rights.
Call the skilled employment attorneys at Wenzel Fenton Cabassa, P.A. today. The initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Understanding At-Will Employment
Florida is an at-will state, which means you can be fired at any time for any reason or no reason at all. You are employed at the will of your employer. However, that doesn’t mean you’re without rights. You are protected by Federal law from workplace discrimination and wrongful termination. But just what does that mean?
Workplace Discrimination and At-Will Employment
Assuming your company meets the minimum employee number (generally, 15 for discrimination and 50 for FMLA), it cannot discriminate against you based on any of the following reasons:

Age
Sex and gender
Pregnancy discrimination
Religion
National origin or race
Disability
Actions such as whistleblowing, filing a Worker’s Compensation claim, or a sexual harassment or bullying charge

Although it is unlawful to fire someone for any of these reasons, some employers do so anyway. Employment law can be difficult to understand, and many employees don’t realize they have rights in an at-will state.
Your company surely won’t tell you. Here’s an example of how some companies think they are getting around the law:
A woman shares her pregnancy news with her employer. The manager receives it graciously and congratulates the employee. The manager makes allowances for doctors’ appointments and special weight-lifting restrictions. It seems to be a very family friendly environment. Two weeks before the employee is to go out on FMLA, the employer fires her, telling her she’s no longer needed in the department.
And this is not the first time they’ve done this.
This is a case of pregnancy discrimination. While the employer will present that they made allowances for the employee during her pregnancy, and that they are within their right to terminate someone at any time, they may have a track record of firing pregnant women about to go on leave. This keeps the company from having to hold the women’s spots for 12-weeks while they’re protected by FMLA. It also saves money on benefits.
A skilled workplace discrimination attorney will uncover that pattern and make sure that the employer doesn’t continue to discriminate against pregnant women.
Additional Compensation and Wrongful Termination
People assume that if they’re fired, they lose all money (including overtime, commission, and eligibility for unemployment) outside of their final paycheck. That’s not true. Even if you are fired for cause — meaning you’ve been reprimanded and placed on a performance improvement plan — you are still eligible for unemployment, unless you engaged in “misconduct”.
Unpaid wages and other money for time worked (such as overtime) must be paid as well if you are fired. Your employer must send a final paycheck within a “reasonable” amount of time. That is generally believed to be about 2 weeks to a month from your termination date.
If your employer is withholding your final paycheck, commission, or unpaid wages, you don’t have to pursue your rights alone. Wenzel Fenton Cabassa, P.A. offers you a free case evaluation if you think you’ve experienced wrongful termination or workplace discrimination. Call us today.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Understanding Constructive Dismissal & Wrongful Termination in Florida
Employees across Florida are all too often the subject of constructive dismissal or wrongful termination.
Wrongful termination occurs when an employer fires you due to circumstances that are a violation of employee rights, including injustices such as age discrimination, race discrimination, and sexual harassment. But what is constructive dismissal?
What Is Constructive Dismissal?
Constructive dismissal refers to an involuntary resignation by an employee when their continued employment becomes impossible. The work becomes so intolerable, creating a hostile work environment, that the employee is compelled to quit. Since the resignation by the worker is involuntary, it is considered termination, allowing the employee to bring litigation against their employer.
What constitutes constructive dismissal is typically a series of events or incidents, not just a singular event — unless it is considered highly egregious, such as an employer demanding that the employee break the law.
Other terms for constructive dismissal that people may be familiar with include constructive discharge and constructive termination.
When Can You Claim Constructive Dismissal in Florida?
If you are categorized as an employee and have been employed with the company for a certain period of time, typically about twelve months, you can claim constructive dismissal. However, this does not generally apply to contractors, vendors, temporary workers, or related workers not classified as employees.
Examples of Constructive Dismissal
Constructive dismissal examples can be quite varied, including involuntary resignation due to:

Employers allowing (and/or participating in) consistent bullying, either psychological or physical
Employers allowing (and/or participating in) sexual harassment in the workplace
Employers making you consistently work in unsafe work environments
Employers creating unreasonable changes to your schedule, including making you frequently work additional hours over your shift
Employers refusing to pay you or unreasonably reducing your pay
Employers allowing (and/or participating in) discriminatory behavior in the workplace

These examples are not comprehensive. If you have been subjected to intolerable working conditions and have had no other choice but to quit, contact an employment lawyer to determine if you have a case.
Is There a Statute of Limitations for Filing a Claim of Constructive Dismissal?
Similar to other types of cases, constructive dismissal does have a statute of limitations for filing a claim. The statutes of limitation can vary. For any case involving discrimination based on race, color, national origin, sex, age, or disability, a claim must be filed within 180 days of your last day at work. The sooner you contact an attorney, the better. If you wait too long, your ability to hold your employer accountable and potentially collect significant compensation is no longer an option.
Building a Case for Constructive Dismissal
It takes legal experience when you are building a case for constructive dismissal. An employee rights attorney gathers, organizes, and analyzes evidence, then develops a strong argument for constructive dismissal. There are two main elements that are important in building a case.
#1 – Show that your work environment was so intolerable that a reasonable employee in that position would have been compelled to resign. The focus is on the intolerability and the “reasonable” behavior – how a typical person would react in the same situation.
#2 – Show that the employer had knowledge of the intolerable working condition or had intentions to force the resignation.
As mentioned above, a pattern of egregious conduct that is out of the ordinary needs to be shown as you’re building the case, separate from extraordinary circumstances such as an employer requirement of criminal behavior of an employee or a criminal act of violence committed against the employee.
How to Prove Constructive Dismissal
When considering how to prove constructive dismissal, there are multiple factors involved that your employee rights attorney will work diligently to showcase in detail.
If you have been subjected to prolonged unsafe working conditions or other circumstances determined to be intolerable, you will need to prove that the employer was aware of or investigated any complaints by the employee. Details of conditions present and any incidents would be included in the documentary evidence.
If illegal activity was involved in the constructive dismissal, several conditions/factors should be present to prove the case. Depending on the situation, this can include the nature of the employer’s illegal conduct, whether the employee was required or requested to participate in illegal activity, and the time period between when the alleged illegal activity occurred and the resignation of the employee.
If too much time has elapsed between the alleged illegal conduct and when the employee quits, it will be more difficult to make a strong case. This is another reason to ensure that you do not delay in contacting an attorney to determine if you have a case of constructive dismissal.
When to Contact a Florida Employment Law Attorney
Have you been forced to quit because you have been subjected to repeated sexual harassment in the workplace?
Have you been forced to quit because they wanted you to “fudge the numbers” on your company accounts or billing statements?
Have you been forced to quit because your workplace has unsafe handling practices of toxic chemicals or unsafe equipment on the factory floor?
It is not uncommon for people across industries to have to deal with intolerable working conditions and find it impossible to work with their company anymore and have to resign.
Employees have the right to feel safe at work. If you have had to tender your resignation due to no fault of your own, contact an employee rights attorney to discuss what happened. Employment lawyers are on your side to protect you from powerful, bullying employers.
Wenzel Fenton Cabassa, P.A. is dedicated to justice. We care deeply about the safety of employees and are here to help. Our employment lawyers have the toughness and experience needed to aggressively represent your case. Contact us today to set up a free, confidential case evaluation. We handle all of our cases on a contingency basis, so we are only paid if we obtain compensation for you.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Understanding Paternity Leave in Florida
Whether the new addition to your family is your biological child, an adopted child, or a foster child, welcoming a new child into your life is exciting and stressful for both mothers and fathers. Trying to fulfill your work duties while being present and supportive as a father is difficult, but paternity leave can help make this period easier.
The Family and Medical Leave Act (FMLA) requires certain employers to offer qualified workers paternity leave. Florida employers are no exception and must comply with FMLA when it applies to them. While FMLA for paternity leave in Florida does not have to be compensated, it can free you from any concern about being absent from your job for a prolonged period.
What Is Paternity Leave: Definitions and Duration
If you are wondering, “What is paternity leave?” you are not alone. Paternity leave is a leave of absence from your employment that is granted so that you can be present for and support a new child and your partner, if applicable. The leave does not depend on you being married or having any significant other. If you are welcoming a new child into your home by birth, adoption, or placement, you are potentially eligible for paternity leave in Florida.
You might ask next, “How long is paternity leave in Florida?” The FMLA requires covered employers to allow up to 12 weeks of unpaid paternity leave every 12 months. Employers can calculate the reset date of these 12 months in several different ways. Some employers use January 1 or another fixed date as a “reset date” for FMLA eligibility. Others use a rolling 12-month period to determine FMLA eligibility.
You can take paternity leave before or after your child’s birth. Thus, if you wanted to be present with your partner for a few weeks before you finalized the adoption of your new child, you could do so. You could then use the remainder of your FMLA paternity leave after the adoption is complete to support your child and partner.
Who Is Eligible for Paternity Leave in Florida?
Paternity leave in Florida is available under state and federal law for expectant and new fathers whose partners have given birth or will soon. You are also able to use paternity leave if you are adopting a child or will be providing foster care for a new child. Such leave is protected by the FMLA as long as this law covers both you and your employer.
If you and your employer are subject to the FMLA, you do not need any other form of leave to be eligible for paternity leave in Florida. For example, paternity leave under the FMLA is available even if you have used all your employer-granted sick days and vacation days. You should be aware that if you have paid leave available, your employer may require you to use it before using FMLA paternity leave.
You must have worked at least 1,250 hours within the previous 12 months to be able to request FMLA paternity leave. The law looks to the 12 months before your FMLA leave request to determine whether you have met this requirement.
Last, paternity leave is only available within one year of your child’s birth or arrival. For example, you cannot take paternity leave to give your partner a break from child-rearing duties related to your toddler.
FMLA and Paternity Leave: What You Need to Know

The FMLA gives expectant fathers important legal protections to be present for the birth of their children and to support their partners before and after birth. The maximum amount of protected leave you can take away from work is 12 weeks every year during the child’s first year of life.
Not all employers or employees are subject to FMLA. You must work for an employer with at least 50 employees within a 75-mile radius of your primary job site to take protected paternity leave in Florida. Certain employers, such as public institutions and schools, must comply with the FMLA regardless of how many employees they have.
When you use FMLA paternity leave, your employer cannot terminate your employment or healthcare coverage while you are away except in a few specific situations. When your leave is over, and you are ready to return to work, you must be restored to your previous job or a comparable job and rate of pay.
Note that the FMLA covers other types of leave, and taking other leaves of absence under FMLA can reduce your paternity leave in Florida. For instance, if you took four weeks off earlier in the year because of surgery, you only have eight weeks of paternity leave remaining.
Is Denying Paternity Leave Illegal?
If your employer is subject to FMLA and you have requested leave in accordance with your company’s policies, then your employer should allow you to take paternity leave in Florida. To make the process seamless, you should communicate with your employer as soon as you know you will need to use paternity leave. Document your request and your employer’s response in writing.
Despite FMLA, your employer may legally deny a request for paternity leave under certain circumstances. First, if your employer is not subject to FMLA because it is too small, then your employer does not need to honor a request for paternity leave. For example, if you work for a small business with only ten employees, your employer can deny your request for paternity leave.
Similarly, your request can legally be denied if you do not meet the requirements for paternity leave. If you have not worked for your employer for the requisite hours and length of time before taking leave, your request can be denied. Paternity leave is only available in connection with a new child for you and your partner. So, for instance, a request to use paternity leave to be present for the birth of your nephew will be denied.
Otherwise, your employer may be violating the law if they do not honor your request for paternity leave in Florida, which means it could be unlawful for your employer to deny your request based on your or your partner’s age, sex, national origin, religion, family size, or family dynamics.
For example, suppose that you have used paternity leave to be present for each of your eight children’s births, and your partner is now expecting your ninth child. If you are otherwise qualified to take paternity leave, your employer should grant your request. Your employer could not deny your request because they believe your family is too big or you have been present for other births.
Maternity vs. Paternity Leave in Florida

Although very similar in scope and the rights afforded to eligible workers, looking at maternity vs. paternity leave reveals some differences. Only individuals who give birth are eligible for maternity leave. Maternity leave applies to expectant mothers and is intended to give them time away from work before and after birth.
Paternity leave applies to fathers whose partners are giving birth, allowing them to be present for the birth of their children and to provide care and support to their partners and newborns after birth. Although fathers are not involved in the physical delivery of their children, their legal rights to leave are the same as those of mothers.
Both maternity and paternity leave apply in situations beyond individuals who are giving birth or whose partners are giving birth. They are also available for people who are adopting children or who are taking in foster children.
Legal Advice for Navigating Paternity Leave
If you have reason to suspect your employer did not grant you paternity leave in violation of FMLA, you may have legal recourse against them. Similarly, you could have a legal claim if you took FMLA paternity leave in Florida and experienced retaliation or were fired after returning from leave.
Whether you do depends on the specific facts of your situation, and an experienced Florida FMLA lawyer can help you determine what options are available to you. Wenzel Fenton Cabassa P.A. has decades of relevant experience helping new fathers protect their legal interests following the birth of a child.
Employment laws in Florida change regularly, so it is important to consult with a firm dedicated to employee rights like Wenzel Fenton Cabassa P.A. Using our vast knowledge and experienced advocacy gained from helping numerous Florida workers like yourself, we will ensure you get the justice you deserve. Contact us today.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Understanding Qui Tam Law and Whistleblower Protections
Financial misconduct and misuse of government funds cost taxpayers billions each year. Qui tam laws were passed to encourage whistleblowers to speak up when they witness fraud, such as overbilling Medicare or misusing federal funds. These cases involve a highly specific area of whistleblower law, and it’s important to have attorneys with direct experience handling them. At Wenzel Fenton Cabassa, P.A., we draw from that experience to advocate for whistleblowers, helping them understand their rights and navigate the legal process with clarity and confidence.
What is Qui Tam Law?
Qui tam comes from Latin: "qui tam pro domino rege quam pro se ipso in hac parte sequitur.” The rough translation of this phrase is “he who brings an action for the king as well as for himself.” A whistleblower aware of fraud can expose the fraud to help the government recoup those illegally taken funds and, if successful, can be rewarded.
A whistleblower qui tam lawsuit is brought under the False Claims Act. This legislation covers a wide array of fraud and abuse, including:

Medicaid Fraud
Medicare Fraud
Trade Agreement Act (TAA) cases — violations in government contracts
Best Price cases — price manipulation; claims for overcharging government entities
Defense Contractor Fraud
Off-label Marketing cases —unlawful marketing of pharmaceuticals
Charging the government for work that was completed with substandard parts or not completed properly

What is a Qui Tam Attorney, and What Do They Do?
A qui tam attorney, also known as a whistleblower lawyer, specializes in representing individuals who have inside knowledge of fraud committed against the government. Their primary role is to help whistleblowers navigate the complex legal process and ensure that their rights are protected.
Qui tam attorneys have extensive knowledge of the False Claims Act, Qui Tam, and other relevant laws, including state whistleblower protection laws. They also have experience with qui tam investigations, litigation, and negotiations to help whistleblowers achieve successful outcomes.
The False Claims Act and Qui Tam Law
Fraud and abuse have been going on in the United States for a very long time. It goes back to the Civil War, with rampant issues on both sides. During the Lincoln administration in 1863, Congress passed the False Claims Act to help stop and combat fraud and abuse.
The federal False Claims Act, modernized in 1986, has proven to be the most effective antifraud law in the United States. It is an “American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs.”
Protections for Whistleblowers
Under the anti-retaliation provisions of the False Claims Act, whistleblowers have job protection. This includes people considering filing a claim or individuals who decide to file a Qui Tam claim. However, it is not uncommon for retaliation to occur, so contacting a qui tam lawyer is recommended before an individual “blows the whistle.”
The types of retaliation a whistleblower may face include:

Getting terminated from your job
Getting a reduction in pay
Losing regularly scheduled hours

If the whistleblower has faced retaliation, they can work with a qui tam lawyer to file a claim against their employer.
Potential Challenges in Qui Tam Cases
Qui tam cases can be complex and challenging. There are many steps involved in the process, and a lot of evidence to gather and present. This is where an experienced qui tam lawyer comes into play.
Some of the potential challenges that may arise in a qui tam case include:

The statute of limitations: Qui Tam lawsuits must be filed within six years of the fraud being committed or three years from its discovery (with some exceptions). This means that whistleblowers have limited time to file their claims.
Proving knowledge: For a successful qui tam lawsuit, the whistleblower must prove that the defendant knew they were making false claims to the government or acted with reckless disregard for whether their actions were fraudulent.
The burden of proof: Whistleblowers must present sufficient evidence to prove the case, as the burden of proof is on them. This can be a daunting task without the guidance and support of a qui tam lawyer.
Confidentiality: Qui tam lawsuits are filed under seal, meaning they are kept confidential while being investigated by the government. This can make it difficult for whistleblowers to discuss their cases with anyone other than their legal team.
Possible Retaliation: As previously mentioned, whistleblowers may face retaliation from their employer after filing a qui tam lawsuit.

The challenges in qui tam cases highlight the importance of having a knowledgeable and experienced qui tam lawyer.

Types of False Claims Cases
Whistleblowers can file qui tam lawsuits for a variety of false claims cases, including:

Health care fraud: This includes overbilling Medicare or Medicaid, billing for services not rendered, and providing unnecessary medical procedures.
Defense contractor fraud: This involves contractors submitting false claims to the government for products or services that do not meet contract requirements.
Grant fraud: This occurs when individuals or organizations misuse grant funds for personal gain instead of their intended purpose.
Education fraud: This includes fraudulent activities by schools and universities related to student loans and financial aid programs.
Procurement fraud: This occurs when companies misrepresent themselves in order to win government contracts.

These are just a few examples of false claims cases that can be brought under the False Claims Act. If you suspect fraudulent activity in any government-funded program, you must speak with a qui tam lawyer as soon as possible to discuss your options.
Medicare Fraud and Medicaid Fraud
Medicare and Medicaid are two of the biggest forms of government fraud. Medicare and Medicaid are government-funded health insurance programs designed to provide healthcare coverage to specific individuals, including the elderly, people with disabilities, and low-income individuals. Unfortunately, these programs are often targeted by fraudulent activities.
Medicare fraud occurs when healthcare providers or suppliers submit false claims to Medicare for services or products that were not provided or were unnecessary. This could include billing for more expensive procedures than what was performed, falsifying medical records, or providing referral kickbacks.
Similarly, Medicaid fraud involves submitting false claims to the Medicaid program for reimbursement. This may also include a variety of schemes such as billing for services not rendered, double-billing, and inflating charges.
Medicaid fraud can also occur when providers fail to meet the standards of care required by Medicaid.
Whistleblowers who know about Medicare or Medicaid fraud can file a qui tam lawsuit under the False Claims Act. These types of cases are complex and require experienced legal representation.
Privacy Protections for Whistleblowers
Qui tam law contains measures for the privacy of whistleblowers. Once a qui tam lawyer is secured and the legal claim is filed, your case is sealed for 60 days.
Your case is kept secret from the defendant accused in the fraud case throughout the time it is sealed. The only individuals and entities who know about the case are you, your lawyer, and the government.
While the case is sealed, an investigation is conducted. Qui tam cases, such as Medicare fraud, Medicaid fraud, and others, can be complex. So, it is common for the courts to grant an extension beyond 60 days. This gives the government the time to investigate and determine if it wants to join (intervene) in the case. Interventions in qui tam cases are infrequent.
Important note: State or federal governments will often ask the courts to partially lift the seal on a qui tam case to open it up for discussions and potential negotiations for a settlement.
How to Find the Right Qui Tam Lawyer
Finding the right qui tam lawyer to represent you in your case is essential. This individual should have experience and knowledge in handling qui tam lawsuits and a track record of success.
Here are some tips for finding the right qui tam lawyer:

Do your research: Look for lawyers with experience in qui tam cases and a good reputation in this area of law.
Schedule Case Evaluation: Meet with potential lawyers to discuss their experience, approach, and fees. This will give you an idea of whether they are the right fit for you and your case.
Ask about their success rate: Ask about their success rate in previous qui tam cases and their experience negotiating settlements.
Ask them about their resources: It is essential to have a lawyer who has the resources to handle your case effectively, including the ability to conduct thorough investigations and gather evidence.

When choosing a qui tam lawyer, it is essential to remember that not all lawyers have experience in this specific area of law. Therefore, it is crucial to research and find a lawyer with the expertise and resources to handle your case successfully.
Call Today for a Case Evaluation with A Qui Tam Lawyer
At Wenzel Fenton Cabassa, P.A., we stand by your side every step, offering unwavering support and expert guidance throughout your case. We understand the sensitivity and complexity of qui tam claims and ensure your rights are protected as we navigate this challenging process together. Backed by extensive experience in whistleblower laws, our attorneys are deeply committed to pursuing justice on your behalf.
As skilled negotiators, we work tirelessly for our clients. If a fair resolution cannot be reached, we are fully prepared to take your case to trial, fighting relentlessly to defend your rights in court. Our mission is to provide you with confidence and reassurance at every stage of the journey.
Contact us today for a confidential case evaluation. Let us deliver the legal skills and personalized attention you deserve.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Understanding TCPA Law and Your Consumer Rights
Note: Our firm does not handle TCPA cases directly; we work with trusted attorneys who do. If you contact us about a TCPA matter, your case may be referred to another lawyer or law firm.
Consumers across Florida need to be familiar with TCPA law. It exists to protect you from illegal robocalls — and gives you the right to compensation for TCPA violations.
Abusive robocalls are the #1 consumer complaint in the United States. A TCPA lawyer fights for your rights against companies breaking telemarketing law’s illegal and abusive behavior.
If banks, mortgage loan companies, student loan companies, or other debt collectors have unlawfully contacted you, the TCPA attorneys at Wenzel Fenton Cabassa, P.A. can help.
The Telephone Consumer Protection Act (TCPA)
In 1991, the United States Congress passed the Telephone Consumer Protection Act and signed into law to protect U.S. consumers from aggressive telephone solicitors and automated telephone equipment. Telemarketing law is not only about limiting the number of nuisance calls you get, but it is also about your right to privacy.
TCPA law mandates restrictions on automatic dialing equipment, SMS text messages, and artificial or prerecorded messages.
TCPA Guidelines Protect Consumer Rights
The amount of harassment and bullying by mega-corporations and other types of robo-bullies that takes place in the U.S. every day is astounding. According to leading experts, approximately 50 Billion robocalls occurred in the United States in 2021. They make a ton of money from the robocalls too. It is particularly egregious (and unlawful) when they do not follow the guidelines and commit TCPA violations.
Did you know that if you do not give “prior written consent” for a company to call you, these mega-corporations and robo-bullies must follow TCPA guidelines?
Here are the restrictions in the TCPA:

Prohibits solicitors from calling cell phones or U.S. households before 8 a.m. or after 9 p.m., local time
Prohibits solicitors from calling cell phones or U.S. households using an artificial voice or a recording
Requires solicitors to provide their name, the name of the entity or person on whose behalf the call is being made, as well as a telephone number or address where that entity or person may be contacted
Requires solicitors to maintain a company-specific “Do-Not-Call” (DNC) list – and honor the National Do Not Call Registry

Many people think that robocalls only include ones that have prerecorded messages. But the TCPA goes further than that. The restrictions includeany calls that are made using an automatic telephone dialing system (ATDS). It is quite common for companies to use ATDS with a live representative on the line.
Additionally, the TCPA also regards “texts” as calls. If you have been harassed and bullied due to recurring text messages, you may have a TCPA case. Contact a TCPA lawyer.
Penalties for TCPA Violations — and Compensation for Consumers
More than 14 million people are called every day by robo-bullies in the United States. 18 million texts each month from companies harass consumers too.
Did you know that you may be entitled to up to $1500 for each unwanted call you have received in the last 4 years?
Yes. This can add up to substantial compensation for consumers who have been the victim of repeated TCPA violations.
The TCPA has certain parameters that determine the amount of penalties for each call. There are minimum and maximum penalties. Here are the details:

$500 per call — minimum penalty for TCPA violations

Up to $1500 per call — if you have explicitly told the company to stop calling, and they continue to do so anyway. Each call that occurs after the notification is a violation. This is the maximum penalty per call.

Even with the stiff penalties associated with TCPA violations, companies continue to harass and bully consumers in Florida and across the country. Why? Because it is profitable for them – and they believe they can get away with it.
You have the right to tell companies to stop their harassing phone calls. Even if you owe them money. Additionally, you have the right to revoke consent for phone calls if you have given permission previously.
Have you been getting robocalls late at night after 9:00 pm, local time? You may have a TCPA case.
Is a mortgage loan company continuing to harass you with bullying phone calls after you told them to stop? You may have a TCPA case.
Robocalls law serves to make them stop – and to make them pay for their illegal actions.
When you work with a TCPA lawyer at Wenzel Fenton Cabassa, P.A., we will fight hard for your rights and are dedicated to holding bullies accountable.
How To Make a Strong Case
Your TCPA lawyer will lead as your legal advocate throughout each step of the process, aggressively standing up to bullying companies to get the best outcome in your case. They will develop the strategy and work hard to prove the case. Documentary evidence is needed to make the strongest case possible.
Here are some things you can do right now:

Acquire and save cell phone and/or residential phone records — highlighting all incoming calls from banks, telemarketers, and other debt collectors
Save all of the voice messages from banks, telemarketers, and other debt collectors
Make detailed written records of the relevant calls — recording important information like date, time, who you talked to, what company they represent, and a summary of the conversation
If you have a letter where you revoked consent for the calls — save it and keep it with your records

Even if you don’t have detailed written records of all of the relevant calls, do not despair. Each piece of documentary evidence matters in the building of a strong case. You may have more evidence than you think. This is why it is important to take the step and consult with a TCPA lawyer. They understand what it takes to prove a TCPA case.
Contact a TCPA Lawyer Today
You have the right to protection against bullies that harass you and your family. If your TCPA rights have been violated, you could be entitled to significant compensation.
At Wenzel Fenton Cabassa, P.A., we are dedicated to the rights of Florida consumers and employees. We fight for justice in the best interest of you and your family.
Contact our office today to schedule your free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Understanding the EEOC Mediation Process
Everyone deserves to be treated with dignity at work, and no employee should face discrimination based on race, color, religion, sex, gender identity, sexual orientation, national origin, age, or disabilities. 
The United States Equal Employment Opportunity Commission (EEOC) was established through the Civil Rights Act of 1964. This federal agency protects workers and employees against discrimination and unfair practices in the workplace, investigating the circumstances surrounding claims of regulatory violations. 
When victims report workplace discrimination to the EEOC, federal agents will assess the situation and determine the accusation’s validity. Many claims of discrimination are settled through the EEOC mediation process. 
This program was established in the late 1990s as a way to resolve charges of workplace discrimination. But how does EEOC mediation work? 
To start, the term “mediation” refers to a specific method of dispute resolution that involves the intervention of a neutral third party to settle a disagreement. This third party is called a mediator.  
This approach allows both parties to avoid the costly trial process. Failing to resolve a claim of workplace discrimination through this method may result in the need for a lengthy investigation and lawsuits. 
An EEOC mediator will meet with both parties involved in the dispute to help them agree, but only some claims result in these deliberations. The agency receives thousands of accusations of discrimination each year and only chooses some to mediate. 
When the EEOC determines a case suitable for them to intervene, they contact the party filing the charge and their employer, and both parties must agree for it to occur. If you find that your employer declined EEOC mediation, the claim will be handled by the agency’s Investigation Unit.
How Does EEOC Mediation Work?
If you and your employer agree to undergo the mediation process, the EEOC will schedule the negotiations for a time that works for everyone involved. At the beginning of the EEOC mediation process, the mediator will explain the procedure to both parties. 
The agency representative will ask the charging party (the employee) and the respondent (the employer) to explain their positions. The employee will then offer their EEOC mediation opening statement.  
The party alleging discrimination must explain why they filed the complaint and what they hope to achieve through this conference. After the claimant speaks, the employer will provide their perspective on the workplace dispute. The mediator will help both parties overcome their disagreements and cultivate an agreement that suits them. 
Rest assured: The EEOC mediation process is one of the most effective dispute-resolution programs in the country. When you agree to undergo this process, you do not forego any of your rights as a claimant, and it is also accessible for participants. A skilled employment lawyer can also help you work to secure outcomes that work in your best interests.
How Long Does EEOC Mediation Take?
Many victims of workplace discrimination wonder about how long it takes to undergo mediation. Each employment discrimination case involves many unique factors influencing how long it will last.  
A successful dispute can sometimes be completed in a single session that often lasts between three and four hours.  
This can help to avoid the need for a lengthy claim examination by the agency’s Investigation Unit. More complicated cases may require longer meetings or multiple sessions. Some of the factors that will determine the length of an EEOC mediation include: 

The type of discrimination being alleged
The kind of work the employee provides
The relevant evidence in the case
The size of each party’s statement
The nature of the dispute
The complexity of the situation 

The goals of each party will also influence the duration of the session. If each party’s goals are mutually exclusive, it may take longer to find an outcome suitable for everyone.  
It is important to prepare questions and statements before each meeting. Claimants should be ready to discuss their employment dispute with the mediator and the opposing party.  
According to the EEOC, the average dispute resolution takes 84 days to process after the meetings are concluded. Speak with an accomplished employment attorney for help ensuring smooth proceedings.
How Successful Is EEOC Mediation?
Overall, these discussions are an effective tool for resolving disputes between multiple parties, and the EEOC mediation process has a long track record of success.  
The EEOC mediation statistics are awe-inspiring. Between the program’s launch in 1999 and 2017, the EEOC Mediation Unit took on more than 200,000 workplace discrimination disputes. 
So how successful is EEOC mediation? Consider the following: Of the cases mentioned above, more than 72% were successfully resolved. That amounts to more than 153,400 successful dispute resolutions across 18 years.  
While the approach is highly successful, discrimination victims should consider the value of legal representation throughout this dispute resolution. 
Having an attorney represent your interests throughout the process is incredibly helpful. A skilled employment lawyer will present the most persuasive version of your claim. They will not agree to a settlement or dispute resolution that undermines your allegation of workplace discrimination.  
Often, employees who have been mistreated are uncertain about how to fight for their interests most effectively. Seasoned attorneys have a thorough knowledge of Title VII of the Civil Rights Act, the Americans with Disabilities Act, and other federal and state laws protecting against discrimination. 
If you have experienced discrimination in the workplace, it is critical to file a claim with the EEOC and secure the services of a trusted legal professional. A lawyer will provide you with practical EEOC mediation training to prepare you for the requirements of the process.
What Is the Typical EEOC Mediation Settlement Amount?
Many victims of workplace discrimination are best served by participating in an EEOC mediation. This is especially true when claimants have an accomplished employment law attorney representing them. 
So what is the typical EEOC mediation settlement amount? According to the agency, the average settlement for workplace discrimination claims is approximately $40,000.  
However, some discrimination claims are worth much more. For instance, the top tenth percentile of wrongful termination and discrimination claims result in settlement of at least $1M.  
Securing the services of a knowledgeable legal representative will give you the best chance of a positive outcome in your case. Do not allow an unscrupulous employer to go unaccountable for their discriminatory behavior. Contact an attorney to help facilitate deliberations that resolve in your favor.
EEOC Mediation Outcomes
EEOC representatives will work to find common ground between the two opposing parties. Finding a solution advantageous for both the employer and worker prevents the need for a thorough investigation and possible trial. 
Something to note, however, is that this is a very different process from a courtroom trial. The mediator does not have the authority to determine which party prevails in the dispute, and instead, they look for workable compromises to resolve the disagreement.  
In many instances, mediators and parties alike can find win-win resolutions where both the worker and employer may be able to secure the outcome they prefer.  
Even if one party decides to compromise more than the other, both parties benefit from avoiding the stress and time-consuming requirements of a lawsuit. When both parties craft an agreement that suits their purposes, they will sign it and adhere to the specified terms.  
EEOC agreements are legally binding documents, guaranteeing that the dispute is fully resolved once the negotiations are complete. Often, these dispute resolution agreements include details regarding the compensation the employer owes the charging party. 
Contact an attorney if you are planning to file a workplace discrimination claim or are facing EEOC mediation. A knowledgeable employment lawyer will determine the most likely outcomes for your case and ensure that you craft an agreement that benefits you.
What Happens If EEOC Mediation Fails?
While many sessions result in successful dispute resolutions, some do not. In some cases, the opposing parties cannot agree in their dispute.  
So what happens if EEOC mediation fails? Typically, the EEOC will investigate the claim the same way they do others. Charges of workplace discrimination must be filed within 180 days of the inciting incident. 
If your employer is uncooperative, the process may not be successful. The charge is sent to the EEOC Investigation Unit after a failed negotiation. 
This portion of the agency will carefully assess the facts of the discrimination charge. The Investigation Unit will determine whether the circumstance qualifies as a violation of the law. They will collect relevant evidence by:

Interviewing eyewitnesses to the discriminatory practices
Obtaining relevant documents related to the charge
Collecting video or audio recordings
Securing any remaining evidence that discrimination occurred

The discrimination charge may be dismissed if the case facts do not support the employee’s claim. Alternatively, the EEOC may offer the claimant a potential solution to the discrimination case.  
When employees are unhappy with the EEOC’s offer, they can request an administrative hearing. During this process, an EEOC administrative judge will consider the facts of the charge and determine the amount of compensation the claimant is owed.  
If the employee disagrees with the decision of the EEOC administrative judge, they can file a further appeal. Regardless of the state of your workplace discrimination claim, hiring a skilled attorney to fight for you is helpful. 
When to Consult an Employment Attorney for EEOC Mediation
When your employer has engaged in discriminatory behavior, you have the right to pursue compensation for the harm you have sustained. The anti-discrimination regulations detailed in federal and state law are guaranteed to all workers.  
Filing a charge of discrimination with the EEOC is the first step to securing justice in your case. However, some claimants attempt to pursue financial recovery without the help of a knowledgeable employment attorney, and this is inadvisable. 
If you have experienced discrimination or unfair treatment in the workplace, discuss your case with a lawyer as soon as possible. A trained legal professional can help you determine the best course of action. 
An employment attorney will forcefully advocate on your behalf as you maneuver through these negotiations. Do not accept an EEOC dispute resolution agreement without the legal advice of a trained professional. 
Employees who hire a legal representative can often secure more successful outcomes through these sessions. The attorneys at Wenzel Fenton Cabassa know what it takes to fight for victims of workplace discrimination.  
It is essential to fight for what you deserve if you have been discriminated against. With the help of an employment attorney, you can work to find a dispute resolution that is in your best interests.  
Employers who violate workplace discrimination regulations should not go unaccountable. Contact the skilled employment attorneys at Wenzel Fenton Cabassa today for a free legal case evaluation regarding your workplace discrimination claim.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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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 martyrs” and compared to other developed countries we are. Even though we’re offered vacation benefits, many workers admit they simply don’t have time to take them. Others feel that if they’re the hardest working member of the team, they won’t get laid off. This is commonly referred to as “defensive working.” Still others are afraid to take the time because it isn’t worth the amount of work they need to do before they leave and after they return.
Where does that leave workers who are terminated? Is their owed time paid out or are they, too, relinquishing this hard-earned benefit?
Vacation Pay and Termination
No federal law requires companies to offer paid vacation, nor must they offer it to every employee. While they can’t discriminate on providing vacation time to a protected class (according to gender, age, race, religion, or disability) or not, employers can offer paid vacation days to full-time employees but not to part-time. Employers are also free to decide how much paid vacation time to give, limits to its accrual, and the amount of time it takes to accrue it.
If you have accrued vacation time prior to your termination, you may be eligible to collect on it. About half of U.S. states have guidelines on final payouts and paychecks. The state of Florida does not have a law governing the deadline in which you must receive your final paycheck after you’ve been terminated. In most cases, you’ll receive it on the same schedule as you would have your next pay check.
Vacation time is a little trickier. Generally, you are only entitled to it if it says so in your handbook or other employment agreement, or a union contract stipulates you get paid for time accrued. If you are given advanced warning, as is sometimes the case in a layoff, you may be able to use your time before your last day. If the termination is a surprise, asking about unused vacation time is an important question, especially if you’ve carried some over from a previous year.
If your company does have a policy about paying out accrued vacation time upon termination, make sure your records agree with those of your employer. Poor record keeping can mean significant discrepancies. Maybe you had a day approved and never took it because of an unexpected increase in your workload, yet HR never reinstated that time in your file. This is why knowing the amount of vacation time HR believes you have is important.
If you are running into an unpaid wage or vacation time dispute, it’s best to contact an employment attorney. They’ll know how to handle your claim and walk through the dispute process should your former employer’s records disagree with yours. Don’t go it alone. Call Wenzel Fenton Cabassa, P.A. today to schedule a free case evaluation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Understanding Your Rights: Can I Sue My Employer for Not Reporting My Injury?
“Can I sue my employer for not reporting my injury?” You may be left wondering this very thing if you have become injured or ill while on the job and are now struggling to get the benefits you need.
Whether your employer has failed to notify its workers’ compensation insurer because of a careless oversight or because the employer fears an increase in its workers’ compensation insurance premium, the results of your employer’s failure to report can be particularly harmful to you.
Your claim may be denied when your employer does not do what they are required to do under Florida’s workers’ compensation laws, or you may experience difficulty having your claim approved. In either case, a delay or denial of benefits means you must either forgo medical treatment or find a way to pay for this treatment yourself.
This post will discuss what you can do if your employer fails to report your injury or has falsified information about your injury to its workers’ compensation insurer.
Additionally, this post will address frequently encountered questions and explain how an experienced workers’ compensation attorney can help you get through this situation successfully.
Legal Obligations of Employers in Reporting Workplace Injuries
You are entitled to workers’ compensation benefits when you are hurt on the job or develop a health condition related to your employment.
The process begins with you notifying your employer of your workplace injury or illness. You should report this as soon as possible, but no later than 30 days after you are hurt or become aware of your health condition.
Once notified of your injury or illness, your employer must then notify its workers’ compensation insurer of the coming claim. This step, too, must be completed quickly. Your employer must make this report to the insurer within seven days of being notified by you.
Your employer is not permitted to interfere with your workers’ compensation claim in any manner. This includes attempting to retaliate against you and trying to persuade you not to file a claim or any other similar action. An employer can be fined up to $500 for each time the employer fails to report an injury.
Consequences of an Employer Failing to Report an Injury
Employers who do not report an injury do their workers a grave disservice, causing them needless delay in receiving necessary treatment.
Workers’ compensation benefits are meant to provide a means by which you can get treated for your job-related injuries and have a source of income if you cannot immediately return to work. These benefits leave you free to focus on recovering and returning to work, not on how you are going to pay for your treatment and living expenses.
These financial concerns do become your problem when your employer does not report your injury to its insurer. Your claim can be denied, meaning any medical treatment you require must be paid out of pocket or through your private health insurance.
You also will not be eligible to receive benefits for lost wages and will have to find another way to support yourself until you can work again.
A delayed or denied workers’ compensation claim can also impact your ability to obtain other employment. If you have an injury that limits your ability to work, even with reasonable accommodations, you may find it difficult to secure additional employment to make up for the missed workers’ compensation benefits you should have received.
Can I Sue My Employer for Not Reporting My Injury?
What are your legal options when you find out that your employer has not reported your injury as required? You may ask, “Can I sue my employer for not reporting my injury?” In fact, several options may be available to you. These options include:

Filing a workers’ compensation claim yourself within two years
Bringing a personal injury suit against your employer
Reporting your employer to the Division of Workers’ Compensation

Not all of these options may be available. Instead, your options will depend on the facts of your particular situation, and an employment law attorney can explain to you what those options are.
It is also worth noting that not all available options accomplish the same goal or work along the same timeline. Reporting your employer will punish them by forcing them to pay a fine, but it will not result in any compensation to you.
Both filing a workers’ compensation claim and pursuing a personal injury lawsuit can result in you obtaining compensation, but a workers’ compensation claim will generally get you benefits faster than a lawsuit will.
Employer Lied About First Report of Injury
Suppose your employer did make a report but lied about the first report of injury it submitted. Your employer may have altered the details of the incident and how you were injured. This has a similar effect to not reporting the injury at all because it can delay payment on your claim or cause your claim to be denied altogether.
Unfortunately, your employer can truthfully tell you they filed their report but not immediately share with you a copy of that report. If your workers’ compensation claim is denied, but your employer insists they filed the first report of injury form, it would be to your advantage to speak with an attorney immediately.
Frequently Asked Questions About Employers Not Reporting Injuries
The employment law attorneys at Wenzel Fenton Cabassa P.A. are available to answer all of your questions. When you have your questions answered and are fully informed about your options, you can make confident decisions about what is best for you.
Some of the most common questions received about workers’ compensation claims include the following:
What Should I Do if My Employer Fails to Report My Injury?
Your employer must promptly report your workplace illness or injury to its workers’ compensation insurer — no later than seven days after they become aware of your illness or injury.
As soon as you learn that your employer failed to report your injury, seek out legal counsel. You can file a workers’ compensation claim yourself, and you may have other options. But you must act swiftly to take advantage of these options.
What Happens if My Workplace Injury Never Gets Reported?
If your employer fails to report your work-related injury, or if your employer reports false information about your injury, you could find it difficult to obtain workers’ compensation benefits.
At the very least, your benefits may be delayed in reaching you. At worst, your claim can be denied entirely. This means any medical care you need would be your responsibility.
What Else Should My Employer Not Do with My Claim?
Filing a workers’ compensation claim is a protected activity, so your employer should not retaliate against you in any way for reporting an injury or seeking workers’ compensation benefits. This includes demoting you, firing you, or passing you over for a promotion. Your employer may not covertly retaliate against you, either.
Some employers promise to reimburse or reward their injured workers if the worker agrees to refrain from filing a workers’ compensation claim. The employer will claim that this arrangement saves the company from paying a higher workers’ compensation premium.
If your employer makes similar overtures to you, do not agree to such an arrangement. Such an agreement would be difficult to enforce if your employer did not follow through as promised.
Why Do I Need an Attorney?
Your responsibilities after a workplace incident are simple: report the injury or condition to your employer within 30 days so that your employer can report the matter to the insurer. You do not need an attorney to help you do this, although seeking legal counsel whenever you feel overwhelmed or confused is never a bad idea.
However, the waters become murky and difficult to navigate once your employer has refused or neglected their legal obligations. At this time, you need a seasoned hand who understands what actions you need to take to receive the benefits you deserve.
Consulting with an Experienced Workers’ Compensation Attorney
Fully availing yourself of the protections and compensation afforded to you under the law generally — and under workers’ compensation laws specifically — is a complicated matter.
Mistakes in filing your own workers’ compensation claim or drafting your own personal injury complaint can be costly. Errors in preparing or filing paperwork or supporting your claim can mean a denial of your claim or suit and the resulting loss of benefits.
Therefore, it is crucial that you consult with an attorney who is well-versed in workers’ compensation law and employment law.
Not only can an attorney answer your general questions, but they can also carefully scrutinize your situation and advise you of the most effective ways to pursue benefits. Your lawyer can also inform you of other ways to protect your legal interests.
Several of the actions you can take must be started within short periods following their occurrence. Waiting too long to take action can result in the same outcome as taking incomplete or incorrect steps in asserting your rights.
Therefore, it is imperative that you reach out to an attorney who is intimately familiar with workers’ compensation laws in Florida.
A workers’ compensation attorney with significant experience in this area of the law does more than simply help you complete paperwork, though. Your lawyer will advocate for and defend your interests before your employer, the Florida Division of Workers’ Compensation, and the courts.
Navigating the Complexities of Employer Reporting Obligations
“Can I sue my employer for not reporting my injury?” The answer is a definitive yes.
Florida’s workers’ compensation program exists to give you the means to get medical care and pay your living expenses when you are hurt or become ill on the job. You can suffer physical and financial harm when your employer interferes with this process and your benefits by refusing to report your injury or making a false report.
This harm can be compensated through filing a workers’ compensation claim or a personal injury lawsuit.
There may be other steps you can take to hold your employer accountable for their wrongful conduct. The precise legal remedies available to you will depend on your situation, and an experienced Florida workers’ compensation law firm will be well-suited to look at your case and identify the courses of action available to you.
To take advantage of your legal options, speak with a knowledgeable workers’ compensation lawyer in Florida as soon as possible. This helps ensure you have access to quality legal advice and representation at all stages of your case.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Understanding Your Rights: How Long After FMLA Can You Be Fired?
Imagine devoting several years to a company just to be terminated after you take time off work to care for yourself or a loved one. The Family and Medical Leave Act (“FMLA”) is a federal law meant to protect your job while you take time off for this very reason. The law prohibits employers from firing employees in retaliation for exercising their rights to use FMLA-protected leave. The law not only protects your job while you are on leave, but it also protects your job when you return to work. Upon your return, for the most part, you should have maintained the same basic conditions of employment as when you left—such as your position and compensation.
But, of course, like all areas of the law, every case is fact-specific. And not every protection is limitless. In certain situations, it is unlawful for your employer to fire you after your request or return from FMLA leave. But in other situations, your employer may be able lawfully to fire you during and after your FMLA leave. Crafty employers will try to find ways around the FMLA if they truly want to get rid of you. An experienced employment lawyer can assess your situation and determine if your FMLA rights have been violated.
The truth is, there is no time restriction on when an employer can terminate your employment, which means the legality of your termination depends on the specific circumstances of your case, including how long after requesting FMLA leave you were fired. Always remember—
Florida is an at-will employment state, meaning your employer can typically terminate your employment without warning, including any time after returning from FMLA leave. However, your employer can never terminate your employment solely because you took leave pursuant to the FMLA.
Overview of FMLA Protections

The FMLA provides you with up to 12 weeks of unpaid leave each year that covers various situations, such as:

The birth, adoption, or foster care placement of a child (for all parents—regardless of gender);
Recovering from a serious medical or mental condition that has rendered you unable to work (e.g., cancer, arthritis, asthma, anxiety, depression, etc.); or
Caring for an immediate family member with a serious health condition such as those listed above (e.g., a parent, spouse, or child).

Employees who are eligible for FMLA are permitted to take up to 12 weeks of leave within a 12-month period for qualifying reasons. The leave can either be taken all at once (“continuous leave”), or as needed (“intermittent leave”). For example, a father can take 12 straight weeks off work to care for his newborn. Alternatively, a mother may occasionally need a 30-minute break to provide breathing treatments to her daughter who has asthma. The FMLA protects both types of leave. If an employer fires one of those fathers simply because it does not want its employees utilizing FMLA leave, the employer will be subject to penalties under the FMLA—including monetary damages.
Of course, you have been wondering what the FMLA says about your pay while you are on leave. You may not want to hear this, but—your employer is not always required to pay you. FMLA protects your job—it does not protect your pockets. Still, the employer does need to comply with its normal leave policy. For example, if you have accrued paid time off (“PTO”), they may allow or require you to use it while you take your FMLA leave. Alternatively, the employer might have a third-party company that supplies employees with paid leave. When your options for paid leave run out, whatever they may be, your job protection will continue for the remainder of the 12 weeks, but it may be unpaid.
On the bright side, your employer must continue providing you with any group health benefits you would have received while working. In other words, they cannot retaliate by altering the health insurance conditions you had prior to your request for leave. For the most part, your costs should remain the same. Similarly, if you choose not to keep your group health benefits while on FMLA leave, you still have the right to be reinstated to the same coverage as before the leave began. Furthermore, your employer cannot reduce your wages or—as mentioned above—terminate your employment simply because you are taking FMLA leave. When you are ready to return to work, your employer must offer you either the same position or a comparable one, and your pay rate must remain unaffected by your leave of absence.
It is crucial to keep in mind, however, that even if you work for an employer who is required to provide FMLA leave (please note that not all employers are), you might not be eligible for its protections. For example, the FMLA requires that you must have first worked a minimum of 1,250 hours for that employer within the previous 12 months before you can take FMLA leave. In other words, part-time employees could be ineligible if they have not worked enough hours in the past year. The FMLA is also requiring that you actually work a full 12 months prior to your request. An employee who only worked for an employer for six months may not enjoy the same protections. There are various requirements of the FMLA—just as there are many exceptions. Employment lawyers will help you determine if you are protected by the FMLA. If so, they will fight for your rights to get the justice you deserve.
Legal Boundaries: Can You Be Fired After Taking FMLA?
While FMLA provides protections for your job, benefits, and wages while taking protected leave, those protections end after your 12 weeks of leave is up. At that point, you must return to work or secure some other form of leave.
With that in mind, you may wonder, “Can I be fired if my FMLA runs out?” The answer is a clear yes. Your employer has legal authority to terminate your employment during and after you take FMLA leave. For example, if your employer must reduce its workforce (commonly called a Reduction in Force or “RIF”), your employer can lay you off so long as they do not do so, specifically because you took FMLA leave. Laws such as the Worker Adjustment and Retraining Notification Act (“WARN Act”) protect certain employees by requiring larger employers to provide advance notice in cases of qualified plant closings and mass layoffs. If an employer is subject to and complies with the WARN Act while terminating you and other employees, FMLA might not be able to save your job. But if your employer intentionally and strategically chooses to reduce its force by solely terminating employees who have utilized FMLA leave, then there may be evidence of discriminatory motive, and FMLA, along with several other laws, will aim to protect you.
However, any misconduct discovered while on FMLA leave or after your return can lead to termination or other disciplinary action. For instance, if your employer discovers that you lied about why you needed FMLA leave, they could terminate your employment for the deceit as long as they do so per the company’s policies. On the other hand, it could be your employer who is deceitful. Many employers have been known to create negative performance reviews to make it seem as if you were terminated for simply being a bad employee—and, of course, not in retaliation for utilizing FMLA benefits. If an employer lies to hide the real motivation behind your termination, this is called a “pretextual” termination. If you can prove your termination was merely a pretext and that you were really terminated due to your employer’s violation of some law, such as FMLA interference or retaliation, you may be able to prevail despite your employer’s best efforts to paint you as a bad employee. Maintaining documentation of positive feedback at work is one method of demonstrating that you were a hardworking employee prior to your termination.
Situations Where Terminating Your Employment Would Be Illegal After FMLA
The above examples are not meant to suggest that your employer’s ability to fire you after taking FMLA leave is absolute. You still have other legal protections if your employer attempts to terminate you. By knowing the lines your employer may not cross, you can spot a wrongful termination and take action if such a scenario happens to you.
For example, imagine your employer is displeased with all the mothers who utilize FMLA leave to care for their newborns. In response, they make discriminatory remarks about women, discourage them from taking leave, and refuse to promote them even when they are just as qualified—if not more qualified—than men. Even if the FMLA’s protection does not apply, other laws will still be there to protect you. Title VII of the Civil Rights Act (“Title VII” or “Title 7”) is a federal law that prohibits employers from discriminating and/or retaliating against employees due to their pregnancy, sex, race, nationality, religion, or other protected classifications.
The Americans with Disabilities Act (“ADA”) is a federal law that protects employees from disability discrimination and retaliation. The ADA oftentimes works together with the FMLA if you have been employed for longer than one year. However, each law is different, so what is required under the FMLA is not necessarily required for the ADA, and vice versa. For example, qualifying medical conditions are different under each law.
There are also state laws that may protect you, such as the Florida Civil Rights Act (“FCRA”) and Florida’s Workers’ Compensation Law (“FWCL”). The FCRA protects rights similar to Title VII. It even has special provisions for discrimination on the basis of HIV/AIDS. There is also the FWCL, which prohibits an employer from retaliating against an employee who is injured at work. Even if FMLA’s 12-week protection has run its course, other laws will be there to protect you.
What To Do If You Are Terminated After FMLA

Protecting your rights after being terminated for taking FMLA leave begins by documenting the circumstances of your termination. Gather as much information as possible, including the date you were terminated and the name and job title of the person who terminated you. If possible, have your employer identify the specific reason for your termination in writing
Additionally, keep any letters, emails, texts, and other correspondence you might have received relating to your employment or termination. This will help prove your wrongful termination case. It is advisable to create backup copies in case your originals get lost or damaged. Many employers have been willing to settle for higher amounts when they know there is evidence directly proving their discriminatory motive. You should also create a list of all communications you receive, including when, from whom, and the platform through which you obtain these communications.
Your next step should be to visit an experienced Florida employment law attorney as soon as possible and before you take any other actions. After being terminated, what you say and do can significantly affect your ability to seek compensation or pursue other legal remedies. And of course, do not ever forget that there are strict deadlines or statutes of limitations for laws such as the FMLA.
If you and your lawyer determine your termination violated the FMLA, you may be able to seek a pre-litigation settlement or monetary damages in court. In addition to lost pay, you could be reinstated to your position and recover other expenses.
Preventive Measures: How to Protect Yourself
While you may have rights if your employer wrongfully terminates your employment, it is easier and less stressful to avoid such a situation altogether. Ultimately, you are not responsible for your employer’s decision to wrongfully terminate you, but there are steps you can take to make it less likely you will find yourself in that position.
First, familiarize yourself with the FMLA and its protections by reading the text of the law itself. Review what actions your employer can take against you while on FMLA leave and which actions could be illegal so that you can determine whether your employer is subject to the FMLA’s provisions.
Next, familiarize yourself with your company’s specific FMLA and leave policies. Some employers require you to request FMLA leave a certain number of days in advance, and many will require you to use up any paid leave you have accrued before allowing you to claim FMLA leave. Becoming acquainted with these policies now will keep you from having to acquire that information during a personal crisis.
If you need to use FMLA leave, ensure that you document as much as possible regarding the request process and other details. Make your request in writing, even if your employer does not require you to do so. Ensure to save any correspondence that approves your request. These can be critical to any legal claim you may file based on a violation of the FMLA. Believe it or not, some employers will claim you never requested FMLA if there is no paper trail proving you did so. You do not want to be in a position where all the FMLA-related conversations occur via telephone. If your doctor faxes the FMLA paperwork to your employer, ensure you also get a copy of everything they faxed. Documentation is key in any employment case. Assist your attorney by maintaining good documentation throughout the process instead of hoping to receive it from the employer months or years down the line.
Professional Legal Advice for FMLA Issues
If you return from FMLA leave to find you have been demoted, received a pay cut, or have been flat-out terminated, it is time to speak with an experienced Florida employment lawyer from Wenzel Fenton Cabassa, P.A. With decades of experience fighting for employee rights, Wenzel Fenton Cabassa, P.A. has focused its practice solely on representing employees—not employers. Because of that focus, we have the skills, knowledge, and resources you can rely on. We will help you evaluate whether your employer violated the FMLA or any other rights you have and take action if they have done so.
Contact the Florida FMLA lawyers at Wenzel Fenton Cabassa, P.A. immediately if you have questions or concerns about your employer’s actions.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Unemployment Benefits in Florida: Learn How To Survive Losing Your Job
What are some things I can do to survive job loss?
Did you lose your job? Are you wondering how you’re going to pay for your bills, rent, and even groceries? We can help. Losing your job can be a traumatic experience. And while dealing with the shock, you probably want to know what are the next steps to getting yourself financially back on track.
Learn How To Survive Losing Your Job
During this difficult time, we want to help make the process of unemployment as easy as possible. We want to help answer your questions. We want to help you see the light at the end of the tunnel.
Being unemployed isn’t the end. It’s actually a new beginning.
If you’re reeling from the loss of your job and need help, our goal is to provide you with information to help answers your questions. And if you feel you’ve been wrongfully terminated, give us a call and schedule your free case evaluation today.
Am I Eligible for Unemployment Benefits?
Just because you lost your job, that doesn’t necessarily mean that you qualify for unemployment in Florida. That’s just not how it works. First, you have to determine if you are eligible for benefits. If you can answer “yes” to these questions, you are likely eligible for benefits:

Do your past earnings meet certain minimum thresholds?
Have you lost your job through no fault of your own?
Are you able, available, and actively looking for work?

Monetary determination: If you’re eligible for benefits, a letter will be sent to you listing the weekly benefit amount you’ll be awarded and the number of weeks you’re eligible to receive the benefits. If you file for unemployment and don’t qualify, it will list your sources of income reported and the reason while you do not qualify for benefits. In Florida, your weekly benefit is currently the amount reached if you divide your total earnings for the highest paid quarter of the base period by 26, to a maximum of $275 per week.
What are the monetary eligibility requirements?

Received wages in 2 or more calendar quarters in the base period (first 4 quarters of the previous 5 completed quarters before filing for your claim)
Have a total base period wage that is 1.5 times the wages in the quarter having the highest earnings (For example, if you earned $5000 in the highest paid quarter, your total earnings for the base period must be at least $7500)
Have a minimum of $3400 total wages in the base period

Non­monetary determination: Eligibility may be based on whether or not your reason for unemployment was voluntary or due to misconduct on your part. Be sure the reason for your unemployment is through no fault of your own, such as layoff, being fired because you are simply not meeting the employer’s performance expectations, leaving work because your spouse was transferred by the military or due to a personal illness or disability.
If you’re not quite sure whether you qualify, we’d suggest you still file an unemployment claim. There’s no harm in making a truthful application if you feel you have a claim.
How to File for Unemployment Benefits in Florida
Before you start the process of filing for unemployment, make sure you’re organized. Here is basic information you’ll want on hand to make the process as easy for you as possible. Don’t get discouraged–navigating the website at the unemployment office (referred to as the Department of Economic Opportunity) can be confusing and time consuming but your attention to detail when you make that initial application will save hours of heartache later if you have to go back to correct errors.
Check out our blog post, How to File for Unemployment and Get It, to help you determine what you’ll need to get started.
Where do you go to file for unemployment benefits in Florida? You can apply online. Just visit Connect.MyFlorida.com or floridajobs.org to start the process. Make sure to have all of your information ready. During the filing process, be prepared to fill out an online skills assessment. This is voluntary, but Florida encourages you to complete this assessment to help you locate employment.
Keep in mind that you must be actively seeking employment and be available for work throughout your claims process and duration of your unemployment benefits. In order to help you locate employment, Florida has set up the EFM (Employ Florida Marketplace). To register, visit EmployFlorida.com.
What to Expect from Your Unemployment Benefits
So, you qualify for unemployment. What’s next? You’ve probably got some questions regarding your benefits. Let’s see if we can help answer them.

How long will my benefits last? Typically, benefits last up to 26 week or until you’ve gained employment.
What do I do if I’ve found a full-time job? You’ll need to contact your unemployment office to report your new job and earnings.
What do I do if I was overpaid for my unemployment benefits? You’ll need to report all earnings, including any unemployment overpayments, so proper deductions can be made ­and so you can avoid Unemployment Fraud.

What If I Don’t Qualify for Unemployment Benefits?
If you’ve received notice from the unemployment office that your unemployment benefits have been denied, all hope is not lost. You can file an appeal but you only have 20 days to do so. The 20 day appeal period starts from the date of the letter denying benefits NOT the date you read or receive the letter. Check the date on the letter and be prepared to act quickly because all the time in the letter was “in the mail” or even in your mailbox counts toward the appeal period. You can file an appeal online, via phone or fax. A telephone hearing will can be scheduled to reconsider your unemployment claim.
However, in many cases you may find you have been wrongfully terminated, and you may also find you are not eligible to receive unemployment benefits in which case you lose that cushion and need solid advice on options available to you as you face the realities of unemployment. Contact our office today to schedule your free case evaluation.
CONTACT US IF YOU HAVE EXPERIENCED WRONGFUL TERMINATION
Because we are a contingency law firm, we do not offer representation for unemployment claims – nonetheless, the information we have provided, including our free ebook on wrongful termination, should assist you in filing.  However, if your unemployment situation is a result of wrongful termination, unemployment compensation may not be your only recourse. Contact our law firm to discuss your employment law situation.
Helpful Links
Looking for more unemployment information? Here are some useful links to help you out.

Benefits.gov­ – Information available regarding unemployment benefits and other government assistance in Florida
FloridaJobs.org – ­Florida Department of Economic Opportunity
EmployFlorida.com – Employ Florida Marketplace: Resources for job listings, education and training opportunities.
www.StateofFlorida.com – Florida Unemployment Guide

Florida Unemployment Benefits Resources:

Florida Calls in Feds to Clean Up Their $63 Millon Mess
Florida Guilty of Cutting Unemployment Benefits for the Jobless
Hey Floridian! Don’t Count on Getting Your Unemployment Benefits
Top Laws that Protect You when You’ve Been Laid Off
How to File For Unemployment and Get It

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Unmasking the Subtle and Blatant: Examples of Workplace Retaliation
Reporting unlawful conduct in the workplace — such as sexual harassment or unsafe working conditions — is critical to making your workplace a safe and productive environment.
However, your employer may be less than thrilled to be the subject of inquiries, investigations, or other attention from outside authorities and agencies. These efforts and their subsequent discoveries can lead to fines and other legal ramifications for your employer.
As you can imagine, not all employers take such attention positively, and yours may choose to retaliate against you.
Although workplace retaliation for engaging in protected activities is illegal, unless you recognize the forms that workplace retaliation can take, you may not recognize when you are subject to it and may therefore miss opportunities to exercise your legal rights.
You must learn to identify different examples of workplace retaliation, become aware of the protections from retaliation available to you under the law, and know the steps you can take when you suspect you are the victim of workplace retaliation.
Recognizing the Different Forms of Workplace Retaliation
Forms of retaliation in the workplace include both overt and covert retaliatory actions. While overt actions are more obvious and easier to spot than covert actions, any form of workplace retaliation involves a negative action that impacts your experience at work and your ability to be productive.
Examples of workplace retaliation can include any adverse action done for the explicit or implicit purpose of punishing you for doing something lawful. Receiving negative comments on employment reviews, being subject to greater scrutiny at work, and being denied vacation time requests are all examples of workplace retaliation, as are being fired or demoted.
Overt Examples of Workplace Retaliation
Overt examples of workplace retaliation include extreme actions such as termination from your employment. When this happens because you engaged in a protected activity like reporting unlawful conduct, it is called wrongful termination.
Being fired shortly after your employer learns of your activities indicates that you may have been the victim of unlawful workplace retaliation.
Other overt examples of retaliation by a manager also affect your job, although not as drastically as being fired. You can be demoted from your present position to a less desirable one for dubious reasons. Similarly, your employer might pass you over for a promotion and give the position to another employee.
These examples of employer retaliation are particularly easy to spot when there are no objective reasons for your employer to take that action.
Covert Examples of Workplace Retaliation
Not all examples of workplace retaliation you might experience are overt and easily recognizable. Sometimes, workplace retaliation is more covert and subtle.
Examples of covert workplace retaliation include being excluded from meetings or workplace gatherings that you would otherwise expect to be invited to attend. Your managers might simply say that they forgot to send you an invite or that a meeting did not concern you rather than admit a retaliatory purpose.

You may also notice that your schedule is altered, and you are given more undesirable shifts. Your employer could deny requests for vacation or time off, citing the needs of the employer, while allowing other employees time off when requested.
Covert workplace retaliation can also include increased scrutiny from your supervisor. You might notice your supervisor watching over you more closely and being more prone to criticize your work. Supervisors and managers will subject you to more frequent discipline, sometimes for minor offenses or violations of company policy.
Legal Protections for Employees Who Experience Workplace Retaliation
When you engage in protected activities like reporting unlawful or unethical behavior committed by your employer, the law protects you from workplace retaliation.
If you reported discrimination or harassment and have been subjected to retaliation, you can file a complaint against your employer with the Equal Employment Opportunity Commission (EEOC) or an equivalent state agency. These complaints can result in additional penalties being assessed against your employer. For other types of retaliation, such as retaliation for whistleblowing on your employer’s illegal behavior, you may file a lawsuit without first filing a complaint with a government agency
You may also be able to file a lawsuit if you were demoted, passed over for a promotion, or fired because of workplace retaliation. Such a lawsuit would compensate you for any monetary loss you experienced due to unlawful retaliatory actions your employer took against you.
You should act quickly to exercise these rights. Document instances of suspected retaliation and then speak to an experienced employment law attorney like those at Wenzel Fenton Cabassa P.A. Your attorney can assist you in taking the next steps in filing a complaint or a lawsuit.
Proving Workplace Retaliation
When you believe you are the subject of workplace retaliation and decide to take legal action, the task before you can seem daunting.
Proving the thoughts and intentions of a manager who overtly engages in retaliatory behavior may seem difficult, and proving intent when the retaliation is covert may seem impossible. But in many workplace retaliation cases, there are sources of evidence that can be used to support a claim.
One source of potential evidence is the email records of your employer. Communication between your managers and supervisors can reveal motive and intent. These written records can be especially helpful if your manager discussed taking possibly retaliatory action against you and a fellow manager or supervisor attempted to talk your manager out of that course of action.
Telephone records can also show when your managers were speaking with one another. Evidence of conversations around the time you experienced workplace retaliation can reveal witnesses who may have more information about your claim, even if no contemporaneous written notes were created. These witnesses can be deposed as to their knowledge of events.
Witness statements from your fellow employees could also help prove your case. Your coworkers may have noticed a change in how you have been treated. If these changes began around the time you started experiencing retaliatory actions, then these witnesses’ statements can support your claim of workplace retaliation.
Your employee file can also yield clues to prove a workplace retaliation claim.
Suppose you enjoyed stellar reviews from your managers until you reported workplace harassment or a safety violation. After your reporting, you began receiving subpar reviews. This sudden change in performance reviews could be persuasive circumstantial evidence that you were the victim of workplace retaliation.
Locating and combing through the various troves of potential evidence can take considerable time. An experienced employment law attorney will know where to look for evidence of retaliation in your case and how to secure that evidence for later use.
How to Respond to Workplace Retaliation
It can be shocking and distressing when you come to feel you are the victim of workplace retaliation. Yet you must remember you are not powerless. There are actions that you can take, and you do not need to wait until you file a lawsuit or get a court order to take them.
You should first begin documenting incidents as they occur. Note the time, date, and circumstances that preceded the action, and then try to be as descriptive as possible about what the incident consisted of. Document any conversations that the perpetrator of the retaliation says to you.
Next, report your concerns to your next-higher supervisor or your company’s human resources department. Bring along your documented incidents so you do not forget information. Your supervisor or HR department should conduct an investigation, whether formal or informal and report to you what steps were taken.
You can also consult immediately with an employment law attorney if you feel uncomfortable going to your supervisor or HR department. Your employment lawyer can investigate your workplace retaliation claims, speak with your employer, and obtain court orders and compensation if necessary.
Whether you decide to speak to your HR department or hire a lawyer, it is best to act quickly. Evidence that could support your workplace retaliation claim can be lost if too much time passes. The sooner you take action, the greater the chances you have of a successful resolution to any claim or cause of action you may pursue.
Working with an Experienced Employment Attorney at Wenzel Fenton Cabassa P.A.
Taking action quickly includes speaking with a knowledgeable and experienced attorney. The team of experienced employment attorneys at Wenzel Fenton Cabassa P.A. can help you make sense of your situation.
With our deep understanding of employment law and our commitment to your rights in the workplace, we can guide you from determining whether you have been the victim of workplace retaliation to filing a claim and pursuing justice against your employer.
Our firm’s experience includes complex employment retaliation cases, so there is no situation too complicated for our employment law team to handle. The sooner you reach out to us and enlist our assistance, the more positive the outcome can be achieved.
Frequently Asked Questions About Workplace Retaliation
Workplace retaliation and employment law can be confusing. Experienced employment lawyers at Wenzel Fenton Cabassa P.A. are available to answer your questions, including the following:
Am I Experiencing Workplace Retaliation?
Workplace retaliation of any type may not be easy to spot. However, if you notice a change in how your employer treats you after you have engaged in some protected activity, like reporting a safety violation, retaliation may be to blame. Make a note of it and seek help from a knowledgeable employment law attorney.
How Long Do I Have to File a Complaint or Claim for Retaliation?
Depending on your employer, you may have as little as 30 days up to 300 days from the incident date to file a complaint with the EEOC or another government agency like OSHA. If you suffered financial harm and choose to file a lawsuit, the statute of limitation can vary from one year to four years based on the motivation your employer had for retaliating against you. Thus, you must act quickly following incidents of workplace retaliation to protect your rights.
Do I Really Need an Attorney’s Help with My Case?
Legally, you do not need an attorney to file a claim or a lawsuit. However, trying to do so on your own can be time-consuming and fruitless. Skilled employment attorneys like those from Wenzel Fenton Cabassa P.A. can expedite the process of investigating and filing your claim or lawsuit.
Recognizing and Addressing Workplace Retaliation
Examples of workplace retaliation include both overt actions and covert actions, and both types can cause you significant distress personally and disrupt others at your place of employment.
You have legal protections against workplace retaliation, but you must act in a timely way to preserve those rights.
Consult with the workplace retaliation attorneys at Wenzel Fenton Cabassa P.A. as soon as possible about your situation. With years of experience helping Floridians with retaliation cases, both simple and complex retaliation cases, we can help you explore and take advantage of the legal options you have to fight against unlawful retaliation.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Unpaid Wages Due to Be Paid After Ruling Against NY Construction Company
The Nightmare of Wage Theft Strikes Again on Employee Rights
Stonehenge Restoration Company, owned by Sulajman Koci and Witold Matejkowski, has been ordered by the State of New York to pay 21 of its workers a total of $76,429 to settle a lawsuit brought against it alleging wage theft. How does this sort of wage theft happen?
An investigation into the company revealed that between January 2014 and March 2015, they didn’t pay any wages to 21 workers for periods of time ranging from two to six weeks. Two workers were owed about $6,000 each, while other workers were owed between $2,500-$4,000 for their labors. As part of the settlement, the company owners have agreed to an internal monitor and submitting compliance reports to New York’s attorney general’s office.
What is Wage Theft?
Wage theft is the illegal practice of not paying workers what is due them. This could involve minimum wage violations, refusing to pay overtime, insisting workers work when they are “off the clock”, or withholding a final paycheck. Unfortunately, wage theft is common in the construction industry.
Sometimes wage theft occurs inadvertently when an employer misclassifies an employee as exempt (from overtime) when they should be salaried, while other times it’s an unscrupulous desire to improve the bottom line that causes companies to shortchange their hardworking employees. Either way, if your employer owes you money for work performed you needn’t worry about the intentions behind it. You need to contact an employment attorney who can help you navigate the process of filing a complaint.
Wage Theft Has Serious Ramifications for Employers
Often this sort of wage withholding involves undocumented workers or subcontracted positions. Employers who don’t pay face serious ramifications including criminal charges being levied such as grand theft and reporting to the IRS, the U.S. Department of Labor, or the state’s attorney general’s office. The problem is so common, there’s even a Florida Wage Theft Task Force.
Several counties in Florida have approved wage theft ordinances that allow for unpaid workers to file complaints and go to hearings. Some cities, like Miami, have an automatic payment system that provides workers with 3 times what they are owed if their employers are found guilty of wage theft.
Wage Theft and the Independent Contractor
Another area in which wage theft is prevalent is in working with independent contractors. Many construction firms, lawn care companies, and those requiring day laborers use “independent contractors” for the day or on a per-project basis. It’s an inexpensive way to cover temporary employment needs but many of these “independent contractors” should be classified as employees, particularly when the project gets extended on a permanent basis.
If you believe your employer has withheld money from you, or you are wrongly classified as an exempt employee or independent contractor, you need an employment attorney on your side. Often employers refuse to pay until they know a worker is represented and the issue can no longer be ignored.
Contact Wenzel Fenton Cabassa, P.A, today. The initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### USWNT TEAM MEMBERS FILE WAGE-DISCRIMINATION SUIT AGAINST USSF
Several members of the U.S. Women’s Soccer Team, Hope Solo, Alex Morgan, Carli Lloyd, Megan Rapinoe, and Becky Sauerbrunn, recently filed a wage discrimination action against the U.S. Soccer Federation.
About the U.S. Soccer Wage Discrimination Lawsuit
The wage discrimination allegations against the Soccer Federation were filed, citing the numbers in the United States Soccer Federation’s 2015 financial report. Women’s team members are discouraged by the lack of fair pay or wages equal to those of the men’s soccer league. These women make, on average, 40 percent less than members of the U.S. Men’s Soccer Team, and at the same time, they generate nearly $20 million more than the men’s team. For this reason, a discrimination complaint was filed with the EEOC (Equal Employment Opportunity Commission).
Alex Morgan: “Every single day, we sacrifice just as much as the men. We work just as much,” Morgan stated on the Today Show. “We endure just as much physically and emotionally. Our fans really do appreciate us every day for that. We saw that with the high of last summer. We’re really asking, and demanding now, that our federation, and our employer, really, step up and appreciate us as well.”
Not to mention, the Women’s U.S Soccer Team made it to the World Cup finals, something the men’s team has yet to achieve. The U.S. women’s team won its third World Cup in 2015, and as a result, the championship game became the “most-watched” soccer game in U.S. history for both men and women. If setting records is not enough to deserve a fair pay rate, then proper legal action must be taken to resolve wage discrimination.
Megan Rapinoe: “Recently, it has become clear that the Federation has no intention of providing us equal pay for equal work,” Rapinoe stated in a news release.
The union representing the players has been involved in a legal dispute with the U.S. Soccer Federation over the terms of a collective bargaining agreement. According to the players’ attorney, “[i]n early January, the Women’s National Team Players Association submitted a reasonable proposal for a new CBA that had equal pay for equal work as its guiding principle.” He continued, “U.S. Soccer responded by suing the players in an effort to keep in place the discriminatory and unfair treatment they have endured for years.”

Becky Sauerbrunn: “Where in this statement do they address, or even attempt to refute, the pay discrepancy? #equalplayequalpay @GrantWahl,” Sauerbrunn wrote on Twitter.
The numbers all boil down to women earning $99,000 each for the same thing; the men would likely earn $263,320 in addition to receiving $100,000 more for the first 20 games, even if they lost. The female players receive nothing for winning games, while the male players are paid between $5,000 to $17,625 per game after reaching the required 20 games.
Goalie for the U.S. Men’s Soccer Team, Tim Howard, told SportsCenter that the men’s team supports the women’s fight for fair wages.
Tim Howard: “We support the fact that women should fight for their rights and fight for what they think is just compensation. We, on the men’s side, have been fighting that battle for a long, long time,” Howard said. “We certainly know what it feels like. We felt underpaid for a long time. We had to negotiate our way to a settlement.”
In the end, members of the U.S. Women’s Soccer Team are being paid substantially less than the members of the men’s team. After winning three World Cups and four Olympic championships, the women’s team is demanding to be treated like actual champions with fair wages.

Hope Solo: “I’ve been on this team now for a decade and a half, and I’ve been through numerous CBA negotiations. And honestly, not much has changed.” Solo told Matt Lauer on NBC’s The Today Show. “We continue to be told we should be grateful just to have the opportunity to play professional soccer and to get paid for doing it. And in this day and age, you know, it’s about equality. It’s about equal rights. It’s about equal pay. And we’re pushing for that. And we believe now the time is right, because we believe it’s a responsibility for women’s sports, and specifically for women’s soccer, to really do whatever it takes to push for equal pay and equal rights and to be treated with respect.”
President of the Institute for Women’s Policy Research Heidi Hartmann spoke to NPR about the differences in pay between men and women. Hartmann says the federal wage data shows a 21 percent gap between pay for men and women in the United States, including higher per diem, international trips, and bigger bonuses.
Wage discrimination is a common employment legal issue.
Facing Discrimination at Work? Contact an Attorney Today! 
Are you or is someone you know being paid less because of your gender? It’s illegal to discriminate based on gender when it comes to wages. Contact Wenzel Fenton Cabassa, P.A., for a free case evaluation.
SOURCES:
Top Women’s Soccer Players File Wage-Discrimination Suit
U.S. Women’s Soccer Team Players File Wage Discrimination Complaint
Women’s National Team Files Wage-Discrimination vs. U.S. Soccer
Evidently Women Do Not Deserve Equal Pay: U.S. Soccer Discrimination Lawsuit

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Veteran NFL Security Personnel File Lawsuit Claiming Age Discrimination
Recently, it was reported that nine veteran NFL security personnel have decided to file a lawsuit against the league citing age discrimination. The men, who happen to be in their 60’s and 70’s, claim the NFL laid them off without justification and subsequently replaced them with a much younger staff. The men, who held independent contractor positions, also allege they were misclassified and treated as employees; making it easier for the league to dismiss veteran employees.
Unfortunately, the claims made by these men against their former employer are not uncommon and not limited to sports. In fact, employers across industries use common illegal tactics to discriminate against employees based on their age. However, it is crucial for employees to act should they believe they’re being retaliated and discriminated against at work. If you are the victim of age discrimination, here are some steps you can take to protect your rights.

How to Deal with Age Discrimination at Work
Speak to Your Supervisor
Addressing the issue head-on is important. If you feel you are being discriminated against based on your age, speak to your manager or supervisor. Be sure to cite instances and ask how the issue can be resolved. Make it a point to document the date, time and discussion of your meeting in the event you later choose to file a claim of age discrimination.
If you are unable to come to a resolution with your manager or supervisor, go to your Human Resources Department and file a complaint. You want to ensure you are diligent in addressing and resolving the issue and creating a paper trail along the way.
Collect Evidence
Should you decide to sue your employer for age discrimination, it is important to have documentation on hand. It will serve as your evidence to assist in proving your case.
First, you will need to provide documentation proving you were competent enough to fulfill your professional duties both physically and mentally. Performance evaluations can prove helpful in this regard, as they will show exactly how well you performed your job on a daily basis.
Keep a journal of your experiences as well. Document any discriminatory comment or actions taken with the dates and those involved. Should you file any complaints, be sure to obtain copies.
Are there other fellow employees facing the same form of discrimination? Compare notes and determine if there is a pattern. Ensure you take the same steps to resolve the problem internally. You can work as a team to negotiate with your employer.
Hire an Attorney
Sometimes, filing complaints at work does not work. If you have been unable to resolve the discrimination issues at work or were wrongfully terminated due to your age, you need to contact an experienced Employment and Labor Law attorney.
Your employer has an attorney on retainer who is ready to fight any claims of retaliation or harassment against their client. You should have the same level of protection. An employee rights attorney can navigate the complicated legal channels and ensure the rights steps are taken to prove your case. They have the resources and negotiating tactics you need to defend your workplace rights.
Contact an Employee Rights Attorney in Florida
Were you illegally terminated from your job or facing other forms of retaliation and discrimination based on your age? Contact Wenzel Fenton Cabassa, P.A. today to schedule your free, confidential case evaluation. We have represented thousands of workplace retaliation and discrimination cases and aggressively fight and advocate for the rights of employees in the Tampa Bay area and throughout Florida.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Violating Non-Compete Agreements: How to Build Your Case
It is not uncommon for an employer to request that new employees sign non-compete agreements. Although they serve numerous purposes, non-compete contracts generally guard against employees leaving their jobs to work for competitors, where they may potentially share inside information.
However, if you have been terminated from a job, or you have left willingly, you may have since accepted employment elsewhere, only to discover your former employer believes doing so represents you violating non-compete agreements. Should this occur, consult with an employment law attorney to determine what steps you must take next. In the meantime, the following guide will help you better understand your rights as they relate to non-compete agreements.
Violating Non-Compete Agreements and Your Employee Rights
 
Are Non-Competes Enforceable?
Often, people who have been accused of violating non-compete agreements wonder if the agreement will hold up in court after a termination.
There are certain instances when a former employer can win their case if they accuse a former employee of violating the terms of their non-compete agreement. That said, numerous factors affect precisely how enforceable a non-compete contract may be.

Under Florida law, the terms of a non-compete agreement must be reasonable with regard to time and geographical area, and protect a legitimate business interest of the employer as defined by Florida statute.. For example, perhaps you were working for an engineering firm as an engineer and lost your job due to termination. Should you seek employment as an engineer at another engineering firm in direct competition with your former employer, your non-compete agreement may restrict you from doing so for a reasonable period of time, within a reasonable defined geographical area.
It’s not uncommon for employees to restrict former employees from working for competitors for 2- years. If the restrictions in your non-compete agreement exceed this length of time, the court might find that they are unreasonably strict and need to be modified.
Geography is also an important factor to consider. In general, a non-compete agreement is only regarded as reasonable if it prevents former employees from accepting jobs with legitimate competitors. For example, perhaps you gained employment at a business similar to your previous job. However, your new employer does not conduct business in similar regions as your former employer. Should you be accused of violating your non-compete, the court may find your contract unreasonable.
The type of role you played at an organization will also contribute to the validity of an employee non-compete agreement. Again, the primary purpose of a non-compete contract is to ensure workers don’t share important information or trade secrets in a manner that would unfairly benefit the competition. The contract exists to protect a legitimate business interest. That said, low-level employees are unlikely to have access to this type of information or materials. A non-compete contract that doesn’t protect a legitimate business interest because it applies to a low-level employee is unlikely to be considered enforceable.
Keep these points in mind as you build your case. If a former employer accuses you of violating non-compete agreements, whether they terminated you or you left the company willingly, you need to demonstrate the contract isn’t reasonable. An employment law attorney with experience representing non-compete agreements can assist you with this process.

 
When Are Non-Compete Agreements Enforceable?
Again, it’s important to remember that there are times when Florida courts will enforce non-compete agreements. Therefore, you need to avoid certain behaviors and activities to ensure your case remains as strong as possible.
There are obvious examples of violations that would likely result in the agreement being deemed enforceable in court. For example, if you went to work for a direct competitor of your former employer, and you shared with them a customer list or similar sensitive information, that would certainly be an instance when the agreement might be enforced.
That said, there are also activities you can engage in that may constitute breaching a non-compete agreement, even if you don’t realize it. Consider the example of training. It’s not uncommon for various organizations to develop extremely specialized training methods and programs for their employees. These methods may involve teaching employees techniques they can apply to get a unique advantage over the competition. If you were to work for a competitor of your former employer and used the specialized training you were provided with at your previous job, it could be argued that you are sharing proprietary information. Even if you didn’t intend to, you could have genuinely violated the terms of your employee non-compete agreement.
It’s often a good idea to review your contract with an employment law attorney before taking on a job that you believe may represent a violation of the contract. They can help you better determine if the agreement is likely to be enforceable should you take on the position. If you have time to review your contract with an attorney before signing it, that’s even better.
 

 
Exceptions to Non-Compete Agreement Enforceability
Each non-compete agreement case is different. Again, various factors will impact the outcome of yours. That said, it is worth understanding certain exceptions that generally prevent non-compete agreements from being enforced in most cases.
For example, a court will not enforce a non-compete contract if doing so is not in the best interests of the public. For example, this might occur if a non-compete agreement restricted a doctor from taking on a new role in an area with relatively few doctors. Forcing them to seek employment in a different region would further deprive area residents of access to physicians.
Additionally, sometimes contracts are meant to protect “confidential” information that is readily available to the public, such as showing a new employer how to use a public database of potential clients/customers. If that database is publicly available, teaching a new employer to use it will typically not represent a violation of a non-compete agreement, even if you first learned to use the database from an old employer.
All that said, what’s most important when you’ve been accused of violating a non-compete agreement is simple: contact employment law attorneys. At Wenzel Fenton Cabassa, P.A., we understand how to build the strongest case possible. We represent employees – not employers – and will work diligently to get the justice you deserve.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Wage and Hour Violations
Wage and hour violations are generally more complex than a worker who is eligible for minimum wage and doesn’t receive it. There are all sorts of intricacies within the law that contribute to unpaid wages. Here are a few scenarios of wage and hour violations:
Misclassification of Exempt and Non-Exempt
Sometimes this is done through a lack of knowledge on behalf of the employer, sometimes as a cost-saving measure to avoid paying overtime. If you are an exempt employee, you are exempt from being paid overtime. A non-exempt employee must be paid “premium pay”, or time and a half, for every hour over 40 worked. If you’ve been asked to work “off the clock” in a non-exempt role, you may be eligible for back overtime pay.
Figuring out if your position was misclassified is the first step to understanding whether you are owed overtime or not. If you are wrongly classified, you are entitled to recoup up to 3 years of back overtime.
Unpaid Overtime
While some companies simply choose not to acknowledge overtime, they are doing so outside of the law. With the required recordkeeping that is part of the Fair Labor Standards Act (FLSA), it is only a matter of time before it is discovered. However, there are some companies that have practiced greater deceptions, such as the recent case against a Papa John’s Pizza franchisee who rotated employees around different stores to avoid paying time and a half.
Unpaid Bonuses, Commissions, and Final Pay
If you quit or are terminated from your job, you are still eligible to receive your final paycheck, bonuses, and/or commission. Your employer cannot withhold these payments, and they must be made in a “timely” fashion, usually within the month of departure. Even in the case of unreturned equipment, they cannot legally hold your last paycheck.
Wage and hour disputes require the help of a skilled employment attorney. The laws governing them can be difficult to understand, and employers are often not forthcoming with information or are unclear about it themselves. If you believe you have a right to unpaid wages or overtime, or have been working in a hostile work environment because of the grievance you filed, contact the attorneys at Wenzel Fenton Cabassa, P.A., today for a free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Wage payment laws in Florida: what are the facts?
It’s not always easy to know if you’re being paid in compliance with state and federal laws. Some employers intentionally try to confuse or even intimidate their workers into accepting a lower pay rate than the law allows.
The best way to prevent that from happening is to know your rights under the law. We’ve compiled some frequently asked questions about Florida wage payment law to help you get started. If you’re worried that your employer may be taking advantage of you, contact a reputable employment law attorney to discuss your options.
What’s the minimum wage in Florida?
The minimum wage is one of those rare cases in which Florida employment law is actually more strict than federal law. As of this writing, the federal minimum wage is $7.25, while the Florida minimum is $7.79.
It’s important to note that employers don’t have the option of choosing which minimum they’d rather pay. Federal law says that when a state’s minimum wage differs from the federal minimum, employers must pay the higher wage rate.
The minimum wage doesn’t apply to salaried workers, farmworkers or to certain other types of employees.
What are the minimum wage rules for employees who earn tips?
Minimum wage laws do apply to tipped workers, like servers in restaurants and bars, but they work a bit differently.
Tipped employees are still entitled to earn the prevailing minimum wage – local, state or federal, whichever is highest – when tips and hourly wages are combined. Here in Florida, their earned hourly wage before tips cannot be lower than $4.77. However, if that combination of tips and hourly wages do not add up to an average hourly wage rate of $7.79, the employer is obligated to make up the difference.
When is my employer obligated to pay overtime?
Under Florida law, there is no such obligation. State law doesn’t recognize a worker’s right to overtime pay. However, the federal Fair Labor Standards Act does have something to say on the subject. The FLSA requires non-exempt employees to be paid 1.5 times their usual hourly rate for any hours over 40 worked in a single week. So if you are paid at rate of $10 per hour and you are required to work 44 hours one week, you will earn $15 per hour for hours 41 through 44. You will be paid your regular hourly rate for the first 40 hours you worked that week.
That phrase “non-exempt” isn’t very clear on its own, so here is an explanation of what that means. The U.S. Department of Labor doesn’t apply overtime laws equally to all workers. Some workers – like farmworkers, or executive, administrative, professional and outside sales employees who are on salary – don’t get overtime at all, while others may or may not, depending on the specific circumstances of their employment.
The upshot of all that is that most salaried employees are not eligible for overtime. For more information on exemptions under federal law, just click this link.
Do I have a legal right to breaks?
Neither state nor federal law requires your employer to provide lunch or rest breaks. However, you are entitled to be paid for a break if you are expected to do any work during your break time. If your employer provides short breaks (generally understood to mean between 5 to 20 minutes) throughout the day, you can expect to be paid for those as well.
Want to learn more about FLSA and Unpaid Wages? Download our eBook below.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Wage Theft in Pinellas County: How to Protect Your Rights
Employees have the right to get paid what they are lawfully owed. If you believe you may have been the victim of wage theft in Pinellas County, all is not lost. You can take action to protect your rights and pursue what you are owed.
Laws are on the books that protect workers from wage theft and serve to hold employers accountable when they break the law.
Pinellas County Wage Theft Laws
In January 2016, the Pinellas County Board of Commissioners passed the Wage Theft and Recovery Ordinance. This ordinance provides a process for employees to seek the recovery of unpaid wages due to wage theft. Article IV of the ordinance includes detailed information, including its intents and purpose, authority, and definitions of related legal terms, among other types of important information.
The process is administered by the Pinellas County Office of Human Rights.
Examples of Wage Theft in the Workplace
Wage theft in Pinellas County can occur in multiple ways. However, there are some actions that employers take that are more frequent than others. One of the most common examples of wage theft in the workplace is for an employer not to pay employees overtime pay.
Individuals who qualify for overtime and work more than 40 hours in one week should get paid time-and-a-half for each of those hours over 40. Unpaid wages can add up over time and leave employees without a significant amount of money they are required to receive under the law.
Another example of wage theft is making employees work through their breaks and lunches. If you are off the clock, employers should not have you working – or they should face the consequences. Unfortunately, many employers will try to bully or threaten employees to keep them from complaining.
Wage theft attorneys are on your side – not the employer’s – helping employees across the county fight for the wages that have been taken from them.
Benefits of Hiring a Wage Theft Attorney
When you hire a wage theft attorney, you have a legal advocate with the necessary skills to stand up to powerful employers that break the law. They understand the complexity of the processes and how to construct a strong case. A wage theft attorney has experience in confronting and dealing with bosses that harass and take actions that negatively impact the lives of employees and their families.
Working with a wage theft attorney gives workers in Pinellas County the resources and support to get the best outcome possible.
What to Do If You’re A Victim
If you have been a victim of wage theft, a complaint needs to be filed with the Pinellas County Office of Human Rights. Several documents need to be included in the complaint, such as, but not limited to:

Witness information
Copies of paychecks and stubs
Timesheets
W2’s
Copies of communications

Frequently Asked Questions
Workers often have many questions regarding filing claims and any restrictions or rules on Pinellas County wage theft.
What is Wage Theft?
Wage theft is the underpayment or non-payment of wages to employees by employers, which can include sick and vacation pay and other types of paid time off. Additional examples of wage theft are paying less than minimum wage and taking tips.
Who can file a claim of wage theft in Pinellas County?
Under the Wage Theft and Recovery Ordinance parameters, employees who work for covered employers in the geographic boundaries of Pinellas County can file a claim of wage theft. It does not include state or federal employees or those that work as a bona fide independent contractor. Additionally, if an employee performs work outside of Pinellas County, but the work benefits an employer who is inside the county’s geographic boundaries, they may file a claim.
Can a complaint of wage theft be filed anonymously?
No. Your information must be included in the complaint, and you need to be involved in the process. Your employer will also be contacted for a resolution to the case, so they will know the complaint was filed, which is another benefit of having an attorney. Your attorney can take the lead in pursuing a resolution for the case, working aggressively to protect your rights.
What happens after a wage theft claim is filed?
The Pinellas County Office of Human Rights will launch a conciliation process intended to get a written agreement approved by both parties to resolve the case. If an agreement is not made within 30 days, a hearing will be set with a court-appointed Special Magistrate. If you work with a wage theft attorney, they can represent you in the conciliation process and at the court hearing, if needed.
Is there a statute of limitations for wage theft?
Yes. A signed complaint with supporting documentation must be filed no later than one (1) year after the last date upon which the employee performed the work for an employer.
What if I am fired for filing a claim of wage theft?
If you are fired for filing a claim of wage theft, you may have a case of wrongful termination, which could entitle you to compensation in addition to receiving the lawful wages you are due. With a Pinellas County wage theft attorney as your advocate, you will have a strong, experienced professional on your side who understands what it takes to hold employers accountable for wrongful termination and wage theft.
You have a right not to be retaliated against and to get any lawful wages owed to you from your employer. Contact Wenzel Fenton Cabassa, P.A. for a free case evaluation. We are dedicated to helping the people of Pinellas County and are with you each step of the process.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Walmart Gets Sued for Alleged Pregnancy Discrimination
Employment discrimination can happen to anyone, including pregnant women. Did you know that the EEOC received nearly 3,500 pregnancy discrimination charges in 2016 alone? In 2017, it was nearly 3,200.
In a recent class-action lawsuit filed by the United States Equal Employment Opportunity Commission (EEOC), the huge retail chain Walmart is being sued for alleged pregnancy discrimination. This is an important case in the fight for employee rights — the EEOC is tasked with administering the federal laws prohibiting pregnancy discrimination and is attempting to hold a large corporation responsible for alleged illegal behavior in the workplace.
The details of the case are as follows: pregnant female employees at a Walmart warehouse in Menomonie, Wisconsin, were denied the option to participate in the company’s light-duty program. The EEOC’s director in Chicago said that not allowing them this opportunity amounted to pregnancy discrimination.
Walmart has denied the allegations. A company spokesperson has said that “Walmart is a great place for women to work.”
An additional statement by the retail giant’s representatives stated that the company’s job accommodation policies have been revised and updated several times over recent years to comply with all federal laws that prohibit pregnancy discrimination.

Pregnant Workers’ Legal Rights
Just like many other types of employees, pregnant workers have legal rights too. Discrimination in the workplace is prohibited by the 1964 Civil Rights Act. Pregnancy discrimination is also covered under the Americans with Disabilities Act and the Pregnancy Discrimination Act.
The protections include:

getting reasonable job accommodations in the workplace
protections against unlawful firing,
denial of benefits,
not getting hired or promoted due to pregnancy, and
protections from harassment, among other areas

If something like this has happened to you, it is important to seek legal counsel.
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What Employee Rights Lawyers Do to Fight Pregnancy Discrimination
Walmart and other business big and small should adopt unlawful policies or allow individuals to discriminate against workers. This is where employee rights lawyers step in. If a pregnant woman doesn’t receive reasonable job accommodations, gets fired because she was pregnant, or is subjected to other discriminatory practices — attorneys can work as your advocate in the justice system to hold them accountable.
In the class-action lawsuit against Walmart, the plaintiffs are seeking punitive damages, back pay, and “measures to correct Walmart’s practices going forward.” These are all remedies well within an employee’s rights to receive if the case goes in their favor.
To get the most favorable outcome in the case of pregnancy discrimination, it is important to work with an experienced employee rights law firm. Walmart and other companies have their lawyers and employees deserve effective, aggressive legal counsel too.
Wenzel Fenton Cabassa, P.A. has helped thousands of workers fight the illegal, discriminatory actions of employers. Pregnancy discrimination lawyers are there to fight for the rights of mothers across Florida.
Do you think you may have been subject to pregnancy discrimination? Wenzel Fenton Cabassa, P.A. offers free  consultations to discuss your situation. You may have a case. We can help you understand the process of filing a discrimination case with the EEOC<?a>.
Contact us today to set up a case evaluation. You are not alone. We are dedicated to fighting against discrimination and the rights of Florida employees.
Other articles about pregnancy discrimination in the workplace:
Top 8 Examples of Pregnancy Discrimination in the Workplace
Employment Law, Pregnancy and Maternity Leave in Florida: What Are Your Rights?
Pregnancy Discrimination: What You Have to Prove
Top 10 FAQs about Pregnancy Discrimination

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Walmart sued for treatment of cancer survivor
The Equal Employment Opportunity Commission has sued Walmart for disability discrimination and harassment, saying that the retailer failed to provide reasonable accommodations to a cancer survivor.
The employee worked at a Walmart store in Illinois and had been disabled by bone cancer. According to the EEOC, the Walmart store initially agreed to allow the employee to have a chair in the fitting room, where she worked. It also agreed to limit her work hours because of her limited ability to walk and stand. However, after complying for months, the store suddenly revoked its compliance.
Instead, Walmart made the employee, Nancy Stack, drag a chair from the furniture department every day and later transferred her from the fitting room to a greeter position, which did not meet her restrictions on standing.
Also, other employees harassed Stack by calling her names like “cripple” and “chemo brain,” and they mocked her limp and hid her chair. Stack repeatedly complained but the store did nothing to help her.
Stack has alleged that Walmart’s actions violated the Americans with Disabilities Act (ADA), which prohibits discrimination and retaliation on the basis of disability. Under the ADA, an employer with 15 or more employees must make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is either an applicant or employee (unless such an accommodation would pose an “undue hardship”).
In Stack’s case, the EEOC attorneys say the chair was a reasonable request.
“Telling a disabled employee that she needs to drag a chair across the store every day is no accommodation at all. Employers have to provide reasonable accommodations unless doing so would be an undue hardship. EEOC is aware of no hardship that required Wal-Mart to suddenly change Stack’s schedule, deny her the use of a chair, and transfer her out of the fitting room where she had performed her job well for years.”
Check out more information on the ADA and disability discrimination here.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Was Ray Rice Wrongfully Terminated?
If you followed the Ray Rice wrongful termination case, you undoubtedly have an opinion on the situation. If not, a review of the details may help you understand the settlement reached.
The Background
In February of 2014, Ray Rice, a Baltimore Ravens running back (at the time), was caught hitting his (then) fiancée Janay, in the face on a casino elevator surveillance video. The partial video showed him dragging her and leaving her on the floor unconscious. Overnight she became the poster child for domestic violence.
On June 16th he and Janay met with the NFL Commissioner, Roger Goodell, and explained what had happened in February. He was suspended for two games, a consistent punishment for what other players had received in similar circumstances.
That September the entire video was released and went viral. The Ravens reacted by firing Rice, terminating his $35 million contract, while the NFL suspended him indefinitely. In November, an arbitrator overturned that ruling, allowing Rice to become a free agent and potentially play again.
Was Ray Rice Wrongfully Terminated?
Wrongful termination cases can be argued for a variety of reasons but some of the most common are being terminated because of:

Whistleblowing
Retaliation
Hostile work environments, including sexual harassment
Unpaid overtime
Wage and hour disputes

What makes Ray Rice’s case different is that he had a written employment contract. This means he was not an at-will employee. Contracts can be broken by the employer if the employee violates the terms of the employment contract. Without insight into his exact contract stipulations, it’s impossible to say if he was wrongfully terminated but one can infer that was the case by the ultimate outcome.
Why a Settlement Was Reached
Ray Rice filed a wrongful termination dispute in January and, this month, they reached a settlement of 1.588 million. He was seeking back pay of 3.529 million from the 2014 season. Here are some of the things that may have gone into the settlement decision:
Lack of Precedent
Sadly, the NFL is not a stranger to domestic violence charges. Since 2005, of the players arrested for domestic violence, 12 are still playing. Small suspensions were common with this charge. Rice was treated far more harshly than his peers.
Abuse of Discretion
The former Appeals Court Judge serving as the arbitrator found that Rice didn’t mislead the NFL commissioner in his recounting of the events of that night. It was that claim of misrepresentation that the commissioner used to defend the indefinite suspension. Rice had already served the two game suspension and received an additional punishment when the entire video was released to the public. Two punishments for one crime.
Judge Barbara S. Jones stated “I find that the indefinite suspension was an abuse of discretion and must be vacated…therefore, that the imposition of a second suspension based on the same incident and the same known facts about the incident, was arbitrary…The Commissioner needed to be fair and consistent in his imposition of discipline.”
She also reprimanded the league’s approach to domestic violence in the past, “That the League did not realize the severity of the conduct without a visual record also speaks to their admitted failure in the past to sanction this type of conduct more severely.”
If you’re dealing with a situation of wrongful termination you need someone who will dig deeper and fight harder. The employment attorneys at Wenzel Fenton and Cabassa, P.A., can help you understand the intricacies of the law. Contact us today.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### WENZEL FENTON CABASSA P.A. LITIGATES CLASS ACTION LAWSUIT AGAINST MARRIOTT INTERNATIONAL, INC. FOR LOST COBRA COVERAGE
Our law firm is litigating a class action lawsuit against Marriott International, Inc. (“Marriott”), Vazquez v. Marriott International, Inc., Case No.: 8:17-cv-00116-MSS-MAP (M.D. Fla., Tampa Division), on behalf of our client, a former housekeeper employed by Marriott from November 1998 until her termination on October 3, 2016, and about 15,000 class members.
By way of background, following her termination from Marriott our client received a notice issued pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”). Federal law requires employers to provide participants and beneficiaries in the Plan with adequate notice, as prescribed by COBRA, of their right to continue their health coverage upon the occurrence of a “qualifying event” as defined by the statute at their own expense. This is called COBRA coverage. An employer has 44 days after the end of a person’s employment to provide notice and essential details. 29 U.S.C. §1166(a)(2), (a)(4), (c). COBRA mandates that certain key pieces of information be included in all COBRA election notices sent to those participants and beneficiaries after a qualifying event.  The Department of Labor has even provided a Model COBRA Election Notice which, unfortunately, many employers ignore.  The penalty for non-compliance with COBRA, including its notice requirements, is up to $110 a day. 29 C.F.R. §2575.502c-1.

As set forth in the Vazquez v. Marriott International, Inc. First Amended Complaint, Marriott violated COBRA by failing to provide participants and beneficiaries in the Plan with an adequate election notice. First, the Marriott election notice did not adequately explain the procedures for electing coverage, as required by 29 C.F.R. § 2590.606-4(b)(4)(v). Second, nowhere throughout the entire Marriott COBRA election notice did Marriott identify the Plan Administrator.  Third, Marriott was required to but failed to provide a COBRA notice written “in a manner calculated to be understood by the average plan participant … [including] the name, address and telephone number of the party responsible under the plan for administration of continuation coverage benefits.” 29 C.F.R. § 2590.606- 4(b)(4)(i).  
Marriott moved to dismiss the Amended Complaint on April 24, 2017.  But on August 25, 2017, the Court denied Marriott’s Motion to Dismiss. After engaging in discovery and motion practice, on August 7, 2018, the District Court granted our client’s Rule 23 Motion and certified the following class of individuals:
All participants and beneficiaries in the Defendant’s Health Plan who:

were sent a COBRA notice by Defendant, in the form attached to the Motion as Exhibit A, during the applicable four-year statute of limitations period as a result of a qualifying event, as determined by Defendant, and 
did not elect continuation coverage. 

According to Marriott, the class is comprised of over 15,000 individuals. This case is one of many COBRA election notice cases our firm is currently handling. If you believe that your former employer provided you with a deficient COBRA election notice, or if your former employer and/or COBRA plan administrator failed to provide you with any notice whatsoever, please contact one of our attorneys today.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Wenzel Fenton Cabassa, P.A. Named To Best Law Firms List For 2014
Employment Law Firm earns high praise from clients and peers for second year in a row
NOVEMBER 15, 2013 (TAMPA, FL) – Wenzel Fenton Cabassa, P.A. has been named to US News & World Report’s “Best Law Firms” list for 2014 in recognition of its professional excellence in the field of employment law.
The firm is ranked in the first tier of the list’s Metropolitan scale, which reflects its strong focus on serving clients in the Tampa Bay region. The ranking is based on having received consistently high ratings from both clients and peers over the course of the last year.
Wenzel Fenton Cabassa, P.A. also earned the same recognition for 2013.
“We’re honored to be recognized in this way”, said Wenzel Fenton Cabassa, P.A., partner Matthew Fenton. “It’s especially meaningful that this recognition is based on feedback from clients as well as our reputation among our peers. Naturally, we intend to continue going above and beyond in the service of our clients in 2014, and we hope we exceed their expectations again.”
More participating firms and more client ballots were used in selecting winners for this year’s award than ever before. More than 12,000 attorneys provided over 330,000 law firm assessments, with nearly 20,000 more evaluations coming directly from clients.
The “Best Law Firms” list will be featured in two separate publications, both available in November. The “Best Law Firms” General Counsel Publication, which includes both national and metropolitan tiered rankings, will be distributed to more than 30,000 in-house counsel and over 60,000 private practice attorneys worldwide.
The 2014 “Best Law Firms” list can be seen at bestlawfirms.usnews.com.
About Wenzel Fenton Cabassa, P.A.
Wenzel Fenton Cabassa, P.A. is a law firm based in Tampa, Florida that specializes in employment law and job discrimination. Wenzel Fenton has experience representing employees in employment-related claims, as well as consulting with employers to find ways to prevent such situations from arising in the first place. The firm also handles cases involving harassment, whistleblowers, civil rights, the Family Medical Leave Act (FMLA), the Fair Labor Standards Act, partnership disputes and contract disputes and professional licensing. Contact Wenzel Fenton Cabassa, P.A. at 831-224-0431, or visit them online at www.WenzelFenton.com.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Wenzel Fenton Cabassa, P.A. Represents Employer Retaliation Case Under the FMLA in Pinellas County, FL
A Pinellas County man asserts that he was fired by his former employer, BayCare Health System, Inc., for exercising his rights under the Family and Medical Leave Act (FMLA) and the Employment Retirement Security Act (ERISA) to take medical leave for his chronic medical conditions.
The plaintiff, John Doe, whose name is being withheld due to his medical conditions, alleges that the defendant would not allow him to take leave and retaliated against him.

Filed on June 20 in the 6th Judicial Circuit of Florida—Pinellas County, the complaint states that the plaintiff began working for the defendant in 1999. After being diagnosed with HIV and other disabilities, the plaintiff was granted intermittent leave under the FMLA in 2002. However, the plaintiff’s medical conditions were disclosed to BayCare’s management and his co-workers without his consent.
After his HIV status and related conditions were revealed to management, the plaintiff was required to divulge to all members of his department when he had doctor’s appointments, was going to be absent from work, and when he was going to take FMLA leave. No other employees were required to do so.
On or around March 1 of this year, the plaintiff conveyed his need to take FMLA leave to his director, but was told that his “FMLA was a burden on the department.” Five days later the plaintiff was terminated for pretextual reasons. Because the plaintiff was fired, the defendant violated his rights under the FMLA.

 
In addition, the defendant had also retaliated against the plaintiff in the past because he had exercised his rights under the FMLA. The plaintiff’s rights were also violated under the ERISA because the defendant interfered with his need to use the benefits furnished by the ERISA employee benefit plan.
Finally, the plaintiff had voiced his concerns to the defendant regarding ongoing confidentiality and privacy violations and lack of safeguards regarding access to HIV employees’ medical records. The plaintiff stated that he thought this was a violation of the Health Insurance Portability and Accountability Act (HIPAA).
Among the plaintiff’s demands are:

a trial by jury;
reinstatement to a comparable position;
compensation for lost wages,
benefits, and
remunerations; back pay, plus interest and pension rights; attorney’s fees and court costs; and liquidated damages

The plaintiff is represented by Donna V. Smith of Wenzel Fenton Cabassa, P.A.
Your Rights Under the Family Medical and Leave Act
Under the Family Medical and Leave Act (FMLA), an employee is permitted to take up to 12 weeks off during a 12-month period to:

Seek care for a serious health condition
Care for a family member who has a serious health condition
Care for their new child

If you believe your rights have been violated under the FMLA, you should first document all instances of retaliation you feel took place and who was involved. You should also gather all communication pertaining to any negative employment action related to this. Then consider contacting an experienced attorney who can help evaluate your circumstances.
At Wenzel Fenton Cabassa, P.A., we’re here to protect your rights and help you take action when you’ve been discriminated against, wrongfully terminated, or retaliated against for exercising your right to take medical leave from work under the FMLA. Contact one of our Family and Medical Leave Act Attorneys today for your free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Were You A Victim of Age Discrimination?
What You Need to Know About Age Discrimination in the Workplace
If you think age discrimination is only an issue for people over 65 who work in manual labor, you’re wrong. This form of employment discrimination covers anyone over 40 and it affects white collar and blue collar positions of all levels.
Examples are everywhere and in every profession. Here are two recent cases that made national news:

A former Ohio State doctor was awarded $100,000 because of an age discrimination claim where he alleged doctors over 40 at The Ohio State University Wexner Medical Center were treated differently than the younger physicians. He resigned after filing his complaint, citing a “hostile” work environment.

The College of New Jersey just settled a suit with a former professor who was 67. The dean allegedly told her she “had been around the block many times, in fact around the block quite a few times.” The suit says that he also referred to a new hire as “young,” “innovative” and “fresh blood.”

Age discrimination is becoming such a concern that the governor of California recently signed a bill into law requiring movie sites, like IMDB that list celebrity ages, to remove the birthdates of actors lest the actor face age discrimination in casting.
If you think there’s a possibility you’ve been discriminated against because you’re over 40, there are a few things you need to know:
What Is Age Discrimination?
Age discrimination adversely affects anyone over the age of 40 in regards to hiring, promotions, benefits, and terminating employment. There is no reverse age discrimination for employees under 40. In fact, employers may show preferential treatment in hiring older people over younger without being found guilty of age discrimination.
The Age Discrimination in Employment Act of 1967 (ADEA) applies to employers with 20 or more employees, including state, local, and federal governments.
Things About Employment Discrimination and Age Discrimination that Will Surprise You
Age discrimination is not as obvious as a news anchor being fired because she’s “getting old” and no longer appeals to a younger demographic. There are many ways people are discriminated against. Some are very subtle.
If you’ve ever wanted to begin a new career but thought you were “too old” to be accepted into a professional apprenticeship, you aren’t. An employer cannot discriminate against you due to age. There are a few exceptions dictated in the ADEA (or if the Equal Employment Opportunity Commission designates a specific exception) but for the most part, it is unlawful for an employer to consider you too old to be an apprentice.
Job ads cannot list an age range unless it has been “shown to be a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of the business.”
You cannot be asked about your age in a job interview. This includes indirect, conversational questions like, what year did you graduate from high school?, how old are your kids? (because age might be able to be inferred by that), or how old were you when X happened?.
Benefits offered must be the same for all similar employees. While it’s more expensive to offer certain benefits like life insurance to older employees than younger ones, the employer cannot offer such benefits to younger, and not older, employees.
Age discrimination is a lot more complex of a situation than someone being told she’s “too old” for the job. It covers unfair treatment of many kinds due to age. If you think you may have been treated differently because of your age, it’s time to talk to someone who can help you make sense of the law. Speak to an employment discrimination attorney at Wenzel Fenton Cabassa, P.A. today. The initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What Are Front-Pay Damages: Key Facts for Employees
In employment discrimination cases, the goal is often to compensate individuals for financial harm caused by discriminatory actions. This may include damages for lost wages, benefits, or missed opportunities, though recovery of past losses is not guaranteed. When reinstatement is not an option, courts may award front-pay damages to account for anticipated future earnings the individual would have received, providing financial support as they pursue other employment opportunities.

This topic will explore what front-pay damages are and how they are calculated in employment law cases. We will also discuss the aspects that influence the amount awarded, such as length of employment, salary, and potential future job opportunities.

What Is Front Pay and Back Pay

Front-pay and back-pay damages are two types of compensation that may be awarded in an employment law case. While both involve lost wages, there are some key differences between them.

Back-pay damages cover the wages lost from the date of termination to the date of judgment or settlement. These damages aim to compensate for past losses due to discrimination or wrongful termination. On the other hand, front-pay damages cover future lost earnings due to the employer's actions, usually until the victim can secure new employment.

In some cases, front-pay and back-pay damages may be awarded together to compensate a victim for their past and future losses fully. This can vary depending on individual occurrences and the outcome of the case.

Understanding Front-Pay Damages

Front-pay damages, sometimes referred to as "future lost wages," are meant to cover the amount an employee would have earned if they had continued working with their employer. They are usually awarded in cases where an employee has been wrongfully terminated or suffered discrimination and can no longer work for that employer.

For front pay to be awarded, it must be proven that the loss of future income directly results from the employer's wrongful actions. This may include scenarios such as being passed up for a promotion due to discriminatory practices or being forced to resign due to a hostile work environment created by the employer.

Limitations on Front-Pay Damages

Not every situation qualifies for front-pay damages. While they can be a critical component of compensation in some employment law cases, they are not automatically awarded in every scenario. To qualify for front-pay damages, you must demonstrate that the future loss of income directly resulted from the employer’s discriminatory or wrongful actions. If this cannot be established, front-pay damages may not be applicable.

Additionally, courts often consider the feasibility of reinstatement to the employee's former position. If reinstatement is deemed possible and practical, front-pay damages may not be awarded.

Certain jurisdictions may also impose caps or limitations on the total amount of front-pay damages that can be recovered. This underscores the implication of consulting with an experienced employment attorney to understand whether your case qualifies and to navigate potential limitations.

Calculating Front-Pay Damages

When determining the amount of front-pay damages to be awarded, courts consider various factors related to the victim's employment and potential future job opportunities. Some of these may include:

Length of Employment: The longer an employee has worked for a company, the higher their potential future earnings may have been. This can also reflect seniority within the company and any benefits they may have accrued over time.

Salary at Time of Termination: Courts typically calculate front pay by examining the employee's salary at the time of termination. If scheduled raises or bonuses would have been received had it not been for discrimination, those may also be factored in.

Potential Future Earnings: The court will consider the victim's education, skills, and experience to determine their potential future earnings had they continued working for the employer.

Job Opportunities: If the victim cannot secure employment elsewhere due to discrimination or other factors, this may also be considered when calculating front-pay damages. This can include geographic location, labor market conditions, and any barriers caused by employment discrimination.

Considering these and other relevant factors, courts aim to provide a fair and just amount of front-pay damages to compensate the victim for future lost wages.

Factors That Influence Front-Pay Damages

While the aspects mentioned above are commonly considered when determining front-pay damages, additional factors may influence the amount awarded. These may include:

Age: Courts may consider the victim's age and how it may affect their ability to secure future employment. For instance, an older employee may find comparable job opportunities more challenging.

Health: If the victim has health issues that could impact their ability to work in the future, this may also be factored in when calculating front pay.

Availability of Similar Job Opportunities: The court will consider whether job opportunities with pay and benefits similar to those of the victim's previous position are available. If not, this could result in more front-pay damages being awarded.

Understanding the various factors that may influence front-pay damages reveals that each case is unique and requires a thorough examination of the individual circumstances.

It's also important to note that victims are responsible for mitigating their damages by actively seeking employment. This means making reasonable efforts to find new job opportunities and accepting any suitable offers that come their way. Failure to do so could result in less front-pay damages being awarded.

Common Misconceptions About Front-Pay Damages

Several misconceptions surround front-pay damages, leading to confusion and disappointment for victims. One of the most common beliefs is that front pay is guaranteed in every employment law case. However, this is only sometimes the case.

Front-pay damages may only be awarded if it can be proven that the victim suffered future lost wages due to the employer's actions. This requires a solid understanding of employment law and thorough evidence gathering.

This is why victims must seek the assistance of an experienced employment lawyer when pursuing front-pay damages. A knowledgeable lawyer can accurately assess and negotiate these damages. Wenzel Fenton Cabassa P.A. is ready to help you with your case with a free evaluation.

How To Prove Front-Pay Damages

To pursue front-pay damages in an employment law case, it's helpful for victims to present evidence supporting their claim. This may include the following:

Past Performance Reviews: Performance evaluations from previous years can demonstrate the victim's level of job performance and potential for future earnings.

Salary History: Providing a detailed salary history can help establish the victim's earning potential before termination and how discrimination may have affected it.

Job Search Efforts: Victims should track their efforts to secure new employment, including job applications and interviews. This can serve as proof of their attempts to mitigate damages.

It is important to review the following - potentially harm your damage claims.

Negotiating Front-Pay Damages

The negotiation process for front-pay damages can be complex and may involve numerous parties, including the victim, their lawyer, and the employer's legal team. It is important to approach these negotiations with a clear understanding of the value of your claim and what you are willing to accept.

Mediation or arbitration may sometimes be used as an alternative dispute resolution method. These processes involve a neutral third party enabling negotiations between both groups to reach a mutually agreed-upon settlement. It is important to seek legal advice to determine if your case is eligible for mediation or arbitration and to have an experienced lawyer represent you during these proceedings.

Finding the Right Employment Law Attorney

Finding the right employment law attorney is crucial for effectively proving front-pay damages in an employment law case, which can significantly impact the outcome of your claim. A skilled attorney will understand the complexities of front-pay calculations and have experience presenting substantial evidence to support your case. Here are some tips to help you find a reputable attorney who can guide you through the process:

Research their experience and success rate with handling similar cases.

Look for recommendations or reviews from previous clients.

Make sure they have a thorough understanding of employment laws and regulations.

At Wenzel Fenton Cabassa, P.A., we’ve helped countless clients navigate complex cases involving front pay damages. We know how challenging these situations can be, and our team is committed to fighting for the fair compensation you deserve. If you’re facing a workplace issue like this, reach out to us; we’re here to listen and help you understand your options. Contact us for a case evaluation today to get started.

#### What are Your Sick Leave Rights in Florida?
At some point, we all get sick. It is inevitable. Unfortunately, missing work due to illness can prove to be difficult for some employees in Florida. In fact, some common concerns include being passed up for a raise or a promotion or losing their jobs. If you’ve been retaliated or discriminated against because of time missed due to illness, know your rights. It is the first step in getting the justice you deserve.
Florida Sick Leave Laws – The Basics
From discrimination protections to overtime pay, Florida employees have rights. Rights which employers should follow but some choose to ignore for their benefit. When it comes to taking time off due to illness, it is crucial to know what you are entitled to in the workplace.
Are you wondering if you get paid for sick days? Employees who work in the public sector in Florida do have certain rights to paid sick leave, including public school teachers and those employed by various departments across the state such as the DOT.
When it comes to Florida sick leave laws, it is important to understand that private employers do not have a legal requirement to give employees paid sick days. Although, many do offer them to maintain competitiveness and attract the talent they need to run their businesses. But legally, they don’t have to.
 
About the Federal Sick Leave Law

When it comes to federal sick leave law, there is an important point to consider. The Family and Medical Leave Act (FMLA) instituted and enforced by the federal government does provide for limited rights for unpaid leave for many Florida employees, including employees of private-sector employers. If you are an eligible employee under the FMLA, you are allowed to take up to 12 weeks of unpaid leave from your job during a 12 month period which can be used for:

a serious health condition,
to take care of a family member who is ill, or
to take care of a new baby or child

If you are approved for this federal sick leave law, your employer must hold your position at the company while you are on leave, which includes:

the same role,
same duties,
same pay, and
the same benefits

If your employer does not adhere to this, they could be in violation of the FMLA and you should consult an employment lawyer.

Sick Days for Salaried Employees
Are you a salaried employee? If so, it is important to understand your employer’s policy on sick days for salaried employees. Some employers are stricter than others when it comes to taking time off. Under certain circumstances, an employer is legally allowed to deduct from the pay of a salaried employee.
Another way that this is dealt with is the Human Resources department could use your vacation days as sick days so you can receive your full salary. But if the illness is severe and you use all your vacation time – you will probably get deductions from your pay. If you have a serious illness or are taking care of a member that has one, look into applying for the FMLA. Again, keep in mind that this will not be paid, as mentioned above. But if you are covered under the Act, it would preserve your job for the designated duration allowed.
 
Common Questions about Florida Sick Leave

Can I be fired for being sick in Florida?
If you are being covered under FMLA laws, you can’t be fired for being sick as long as you comply with the FMLA. Even if your absences due to illness are not covered by the FMLA because you are not an eligible employee, or you have exhausted your FMLA leave or the illness does not qualify for protection, you may have rights to a reasonable accommodation under the Americans with Disabilities Act and the state law counterpart. If you do get fired, you should contact an employment law attorney to discuss your best legal options. Outside of the FMLA, and other very specific employment law statues, employers, as a general rule, have the ability and legal right to fire you. This is because Florida is an “at-will” state, meaning that they can fire you at any time for any reason — that isn’t against the law.
When you do get sick, it is essential to follow any company call-in procedures to let them know you won’t be at work. Make sure to be aware of the steps you need to take with a particular employer. Some will have different rules than others. Following these procedures gives you a certain amount of protection in an “at-will” state.
 
How many sick days do you get in Florida?
This can vary widely depending upon your employer’s policies and is usually located in an employee handbook or on their internal website under HR policies. Private employers are not mandated to give you any, but many do.
 
Does a doctor’s appointment count as sick leave?
When you have to call in sick, whether you go to the doctor or not, some employers will require you to use sick leave hours to cover the time away (or give you the option to use it). Certain managers will ask for a doctor’s note to confirm that you were indeed sick. Saving all documentation (or a copy) is a good best practice in case there is a legal issue in the future.
 
Is it illegal to deny sick leave?
That depends. If your employer denies you Florida sick leave after you have been approved for family/medical leave under the FMLA, then your rights as a worker have been violated. Otherwise, it is typically not illegal to deny sick leave.
 
Our Employment Lawyers Fight for Florida Workers
At Wenzel Fenton Cabassa P.A., we have extensive experience with employment law and have helped thousands of Florida workers hold employers accountable for illegal actions. We lead the fight for your rights when they have been violated. If you have been fired in violation of the FMLA, we can consult with you for free to discuss any legal options that would be in the best interest of you and your family.
From Florida sick leave rights to wrongful termination, we are here for you to not only give you the information you need but also to fight aggressively against employers who break employment laws.
Need legal help? We service the needs of workers across Florida and offer a free, confidential case evaluation. Don’t delay and contact us today at 813-579-2483 or online. There are statutes of limitations and you could be running out of time. We tackle workplace issues that affect you and your family with determination, compassion, and a fierce passion for justice.
We have locations available in Tampa, St. Petersburg, Sarasota, Orlando, Miami, Jacksonville, and West Palm Beach for your convenience.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### 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 there are all different kinds of employment contracts from offer letters, to non-disclosure agreements, to non-compete agreements and more, your HR representative was most likely involved in the coordination of the agreement. Bring a copy of your employee contract and documentation on how and when the contract was breached
For instance, if your contract stipulates that you would be paid overtime for anything over 40 hours and you haven’t been, bring proof of your overtime work and your pay stubs. In this situation, the unpaid overtime could be a misunderstanding between management and payroll and not an actual wage and hour dispute; so bring it up to your employer first and give them the opportunity to remedy the situation.
Understand the Fine Points of Your Employment Agreement
If HR is unable to resolve the situation to your satisfaction, have an attorney review the entire hard copy of your documentation, not just the points in contention. Once you review the fine points of your contract with a legal professional, you can either speak to a mediator or continue with an attorney.
A mediator can help you negotiate a soft resolution to the conflict, but if your employer is unwilling to budge you may need to contact an attorney.
When an Employer Breaks an Employment Contract
When your employer breaks a part of your employee contract, it’s considered a breach of contract. You cannot be expected to adhere to a contract that the employer has broken. If this is the case, before it becomes a hostile work environment, speak with an employment rights attorney who can explain the intricacies of the law and the next steps.
When Should You Seek Legal Representation?
If you and your employer have not been able to come to terms, an employment attorney can help. Common breaches of contracts include (but are not limited to):

Unpaid travel expenses, holiday or sick pay, and/or unpaid wages
Changes to the terms of the agreement that you didn’t sign off on

Not all Breaks are Breaches
There are certain specifics of employee contracts that while given are not granted. For instance, an employment contract may stipulate an employee receives two weeks’ vacation. While an employer must adhere to allowing the employee that time off, the employer does have the right to limit when it can be taken. An employment attorney can help you understand the difference between these types of allowances and a breach of contract by your employer.
If you feel your employer has violated an employment contract, or have questions regarding your employee agreement, wrongful termination, or employment rights, contact Wenzel, Fenton, Cabassa P.A. today to schedule your free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What Can You Sue Your Employer For?
According to Federal and Florida employment laws, you have certain rights as an employee in the Sunshine State. Employee rights in Florida are enforced by government agencies tasked with protecting workers. However, when those protections fall short, you may be able to sue your employer.
What can you sue your employer for exactly? Several scenarios can serve as grounds for a lawsuit. However, whether you can sue in a specific situation depends on your employment circumstances and potential violations of your rights. 
Hiring a Florida employment attorney can help you understand your rights and legal options. Take a closer look at how filing a claim against your employer works in the state.
What Can You Sue Your Employer For?
State and federal laws allow you to sue your employer for violating your rights. The following are the most common violations of employee rights.
Discrimination
Discrimination in the workplace occurs when an employer makes decisions about an employee — or potential employee — based on that employee being a member of a protected class. The types of decisions that employers cannot make based on an employee being a member of a protected class involve:

Hiring
Firing
Assigning promotions
Assigning positions
Assigning raises
Delegating work duties
Granting benefits
Determining location assignments

Both federal and state laws protect against workplace discrimination and define specific classes as being protected. 
While the laws mostly overlap, Florida does protect against some classes that are not protected at the federal level and vice versa. Protected classes in Florida include:

Gender
Gender identity
Sexual orientation
Race or ethnicity
Citizenship status
Color
National origin
Religious beliefs
Disability
AIDS or HIV status
Sickle cell status
Genetic information
Marital status
Pregnancy
Age

Most of these classes are protected by Title VII of the Civil Rights Act of 1964. The remaining classes are protected by the Florida Civil Rights Act of 1992.
Harassment

State and federal laws also protect against workplace harassment. Workplace harassment occurs when you are subjected to unwelcome conduct based on your membership in a protected class, creating a hostile work environment.
One of the most common examples of this is sexual harassment at work, which occurs whenever another party makes inappropriate sexual comments or inappropriately touches you without your permission.
Quid pro quo is a type of sexual harassment, which means that someone in a position of authority offers benefits in exchange for sexual favors or demands sexual activity to avoid suffering retaliation. Whether you are being bribed or facing extortion, this behavior is inappropriate.
Another type of sexual harassment is one where another party creates a hostile environment, which may involve uncomfortable jokes or pervasive innuendo. The more frequent and blatant the activity, the more likely a court will rule that it is harassment. Keep in mind that such activity counts as harassment even when it is not sexual, as long as it occurs because you are a member of some other protected class.
If you are being harassed, it is best to notify human resources or your superior — if they are not the harassing party — immediately. You should also make clear to the harasser that the behavior is unwelcome and that they should stop, documenting the interaction if possible.
Wrongful Termination
Florida is an at-will employment state, which means that your employer can fire you for almost any reason or no reason at all. However, there are still reasons employers cannot legally fire you. 
For example, it is illegal to fire someone because they are a member of a protected class. Additionally, you cannot fire someone as retaliation for taking advantage of their rights.
You may also have the right to file a wrongful termination lawsuit if your employer fires you in violation of your employer contract. Many workplaces, especially unionized ones, have specific in-house rules about when someone can be fired and what types of warnings they need to be given before being fired. 
These rules become a contract between the employer and the employee. Wrongful termination lawsuits can be filed when an employer violates a contract.
If you believe you were wrongfully terminated, contact a workplace rights lawyer immediately. They can help you understand your rights and determine whether you have an actionable case. Wrongfully terminated employees may not get the results they need if they do not speak to an attorney immediately.
Wage and Hour Violations
The basic tenets of wage law are relatively simple. If you perform the work you agreed to, you should get paid within a reasonable amount of time. The definition of a reasonable amount of time depends on your workplace, but it usually means once a week, every other week, or once a month.
Your employer has no right to pay you less than you earned. While they may have the right to dock your pay in some circumstances, there are restrictions on that behavior and penalties when employers do so improperly. Furthermore, an employer can never dock your pay below minimum wage.
Other types of wage violations involve federal law. If you are a non-salaried worker and work more than 40 hours a week, your employer is legally required to pay you 50% more than your usual hourly rate for every hour beyond 40 hours. If you are not paid overtime, your employee is violating your rights. It is also a violation of your rights if they pay the extra hours in a later week to avoid paying overtime.
Another key rule is that you cannot legally be paid less than the current state minimum wage and cannot be paid “under the table.” The latter means it is illegal for your employer to pay you without declaring that pay to the IRS and paying appropriate taxes.
If you think your employer is violating wage and hour laws in Florida, document those violations. Carefully track your hours worked and your pay stubs. Disparities could prove that your employer is violating your rights. 
Retaliation
Retaliation in the workplace occurs when your employer makes decisions based on whether you have taken legally protected actions. These are often the same types of decisions that would indicate discrimination in the workplace. However, the reasons for these actions differ.
In retaliation cases, workers will have typically performed one of the following actions:

Reported workplace discrimination or harassment
Reported illegal activities in their workplace
Cooperated with investigations into such complaints and activities
Legally took time off due to the Family Medical Leave Act
Requested accommodations per the ADA
Requested religious accommodations
Discussed wages with other employees

These activities are legally protected, so you should not face repercussions for engaging in them. If your employer does punish you for them, you can file a lawsuit against them.
Instances When You Cannot Sue Your Employer
At-will employment means your employer can fire or demote you for many reasons. Your employer could, for example, legally fire you because you do not own a car. Car ownership is not a protected class, so this would not be considered discrimination.
If you do not like an action your employer has taken and do not have the right to file a lawsuit, you may still have options. Most employers have internal resolution procedures that may be able to resolve your problem. Communicate with HR and explain your concerns. They may be able to help you.
Your Workplace Rights in Florida

Federal and state laws give you many rights in the workplace. In addition to rights protecting you from discrimination and harassment, you can work in a safe environment, which means that your workplace needs to ensure that there are no dangerous conditions like stairs with railings or a parking lot without lights.
If you are concerned that your workplace may not be safe, you can check workplace regulations via the Department of Labor or the Occupational Safety and Health Administration.
Steps to Protect Your Employee Rights
If you believe your employee rights have been violated, you should take the following steps as soon as possible.
Document Everything
Gather as much documentation as you possibly can. For pay disputes, this might mean you need receipts. If you are being harassed, you should keep copies of offending emails, voicemails, or text messages. When documenting conversations, be aware that it is illegal in Florida to record a conversation without all parties' approval.
Report Issues Internally
If there is an internal method for reporting issues, take advantage of it. However, this may not resolve the problem, especially if the person in charge of the process is involved in the situation. When reporting internally, document your attempts to do so and any response you receive from your employer.
File a Complaint
If the internal process is not working, you may want to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). These government organizations have the authority to investigate employee rights violations and take action against the offending employers.
After filing a complaint, you should be safe from retaliation, which is one of the actions protected by law. However, some employers will retaliate anyway. If you are concerned about retaliation, consult an experienced employment law attorney.
Consult an Attorney
The best way to determine what you should do in the face of workplace discrimination or other violations is to discuss your case with a seasoned employment law attorney at Wenzel Fenton Cabassa, P.A. 
We can explain your rights and help you remain anonymous throughout as much of the process as possible. We understand that filing a complaint or a lawsuit can be stressful and intimidating. That is why we aim to protect and support you every step of the way.
The Importance of Hiring a Florida Employment Law Attorney
Choosing to file a lawsuit or a complaint against an employer is a big step. If you take action when you should not, it may end your employment and have unpleasant results. 
Our attorneys can determine your legal options and guide you through the process so that you do not make mistakes. Contact us online or by phone to speak to a lawyer right away.
A Lawsuit Can Protect Your Rights
State and federal laws protect workers from discrimination, harassment, wage violations, retaliation, and wrongful termination. If any of these rights are violated in Florida, workers can retain a lawyer and file a lawsuit against their workplace.
Do not delay if you are facing unfair treatment at work in Florida. You need a skilled advocate fighting for your future. Contact Wenzel Fenton Cabassa, P.A. by phone or online for a free, confidential case evaluation with an experienced employment law attorney today.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What Do You Need to File for FMLA Leave?
There isn’t an easy button to push when you’d like to go out on leave under the Family & Medical Leave Act (FMLA). Don’t misunderstand, it’s not a difficult process but the covered employers do have some leeway as to how they implement it as long as they do so equitably. If you want to file for FMLA leave based on your serious health condition or that of your immediate family member , here’s what you need to know.
Do You Qualify for Leave Under the FMLA?

You must be employed by a covered employer;
Have met the employment requirements (worked for your employer for at least 12 months and at least 1250 hours during that time); and
Have a “serious health condition” (verifiable by an allowed healthcare provider) or an immediate family member with a “serious health condition”

If you meet those requirements, and you want to apply for leave under the FMLA, you should notify your employer as soon as possible, giving appropriate notice. This time period is largely dependent on the illness or injury that causes the employee to need leave. Surgery that is prescheduled can be reported on ahead of time (you are required to give 30 days notice if possible), whereas an employee accident might result in a delay of several days before you’re able to give notice of needed leave.
Even if you don’t use the term “FMLA leave,” the employer must review the FMLA process with you assuming you provide enough information to put the employer on notice that the leave is (potentially) FMLA-qualifying. If you don’t give your employer enough information to recognize it as leave-qualifying, your leave may not be protected.
Most likely, your employer will give you some paperwork to fill out. They will give you written designation that your leave is FMLA-qualifying. At that time, they will advise you if you will need an FMLA fitness-for-duty-certification before returning to work.
FMLA Paperwork
Most likely your employer will have an FMLA form and paperwork for you to fill out, assuming you’re able to do so. Part of this paperwork may include a request for a certification from your healthcare provider. This certification will not get into the details of the nature of your illness or injury. Your medical confidentiality is respected. Your employer cannot demand to see your medical files and you do not need to provide your employer with your diagnosis or prognosis. It is imperative that you return the completed medical certification to your employer promptly as a failure to meet the deadline for submission of the certification may result in the legal denial of your leave. Remember- it is your responsibility to return the medical certification not your doctor’s responsibility. You may need to follow up with your doctor’s office to make sure the forms have actually been transmitted and then, contact your employer to confirm receipt.
Benefits Under FMLA
Another thing your employer will cover is how you will pay for existing benefits while you are out on FMLA-qualifying leave. Your employer may also require that you use all paid leave (such as vacation and sick time under its policies) at the same time as your FMLA leave. In other words, you may not be able to use vacation time and then start your allowed 12 weeks of leave under the FMLA . Your employer may require that the paid leave and unpaid FMLA-qualifying leave run at the same time.
FMLA Certification Process
If after receiving your FMLA certification, questions arise, and your underlying condition also qualifies as a disability under the Americans with Disabilities Act, and for other limited reasons, it is within your employer’s prerogative to request a second opinion with a healthcare provider of its choosing. The cost of this second opinion is shouldered by your employer. If your healthcare provider, and the provider your employer selected, disagree on your injury or illness, your employer may request a third opinion. This opinion is binding, again at the employer’s cost, and you are able to help select the healthcare provider in this case.

If your employer is questioning your FMLA leave, or your covered employer has blocked your ability to file for FMLA leave, consult with a Tampa employment attorney at Wenzel Fenton Cabassa, P.A. Your initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What Does “Meets FCRA Requirements” Mean?
The Fair Credit Reporting Act (FCRA) is a powerful law designed to protect your rights as a consumer. Although it’s well-known for regulating credit reporting, the FCRA safeguards your job applicant and employee rights. It ensures that information collected and reported about you is accurate, allows you to challenge errors, and prevents unfair treatment in hiring or employment decisions based on erroneous credit report data.

You may be wondering: What does “meets FCRA requirements” mean? And what else should you know about the FCRA? Take a closer look below.

Understanding the Purpose and Scope of the FCRA

The FCRA may sound like it only pertains to credit-related data, but its reach extends beyond your financial records. It sets standards for all kinds of consumer reporting, which includes reports gathered for employment purposes. The FCRA law regulates credit reporting agencies, employers, and other entities that may handle sensitive data, giving you more control over how this information impacts your professional opportunities.

Ensuring Credit Reporting Agencies Only Report Accurate Information

Imagine losing a job offer due to an error on your credit report. Incorrect or outdated data on your report could unfairly affect your ability to secure loans, find housing, and, most crucially, land a job. The FCRA provides a process to dispute incorrect information and ensures that credit reporting agencies must investigate any inaccuracies. Once an investigation is completed, the agency must confirm, correct, or remove the erroneous data. This accuracy mandate is essential for employees because it means that any decision made about you based on a credit report is more likely to be fair and factual. If errors persist, the FCRA allows you to add a statement to your report, offering further protection against unfair decisions.

Your Rights Regarding Background Checks

Under the FCRA, employers must obtain explicit consent before performing a background check. This requirement ensures transparency in the hiring process, allowing you to know exactly what information an employer will see. Employers must also inform you if they intend to gather any information from your credit report during the hiring process or at any point in your employment. The law mandates that employers provide disclosure and authorization forms separately from other application materials, ensuring that the request is clear and that you fully understand your rights.

What’s more, the FCRA requires that you be notified if information from a background check could negatively impact your employment. This includes job applicants and current employees whose employment may be reevaluated based on new background checks.

Protecting Against Identity Theft

Identity theft can be a daunting experience, especially when it affects credit records used in employment decisions. The FCRA offers a framework for dealing with the fallout from identity theft, giving consumers the tools to dispute fraudulent items on their credit reports and enabling them to place fraud alerts on their files. This process helps mitigate any potential harm, especially if you’re undergoing a background check for employment and must clear your record quickly.

Requiring Secure Storage of Credit Information

When employers and other organizations access your credit data, they protect it from unauthorized access or theft. The FCRA mandates that consumer information be securely stored, with clear guidelines for its eventual disposal. Any organization that collects your data — including current or prospective employers — must ensure it does not fall into the wrong hands. Once the information is no longer needed, it should be disposed of securely, such as by shredding hard copies, to prevent unauthorized access.

Regulating Debt-Collection Practices

Debt collection can sometimes become a barrier to employment, especially if employers consider your credit history as part of their evaluation. The FCRA offers safeguards to prevent debt collectors from using unfair or deceptive practices that might affect your credit standing. You have the right to validate any debt and confirm its legitimacy, ensuring that your credit report reflects only accurate information. Additionally, the FCRA limits collection agencies' tactics, preventing harassment or intimidation that could unfairly impact your credit report — and, by extension, your employment.

Understanding the Meaning of "Meets FCRA Requirements"

When a company states it “meets FCRA requirements,” this indicates compliance with established procedures designed to respect your rights. FCRA-compliant employers will follow these protocols to protect you from data misuse. Here’s how FCRA compliance directly benefits you:

It obtains informed consent from every applicant before conducting a background check

Those who received a denial based on a credit report must be told the reason and informed of their rights under the FCRA

It uses appropriate disclosure and release forms throughout the process

It follows the record-keeping security procedures outlined in the FCRA

FCRA compliance fosters a fair, transparent, and secure information-handling process. Knowing your rights can help you navigate the hiring process more confidently.

FCRA Requirements for Employers

Employers face several specific FCRA requirements to ensure transparency and fairness for job applicants and employees. Here’s an overview of these key protections:

Employers Must Have a “Permissible Purpose” for Background Checks

If an employer decides to conduct a background check on you, they must ensure they have a “permissible purpose” — a legal, job-related reason — for accessing this information. They’re also required to certify that they’ll provide the necessary disclosures to you during the process, ensuring that each step is documented and transparent.

Informed Consent and Disclosure for Background Checks

Employers must inform you of their intent to run a background check and obtain your written authorization. This involves two separate documents: a disclosure form and an authorization form. The disclosure form notifies you of the background check, while the authorization form you must sign grants permission for the check to be conducted. Under FCRA rules, these forms cannot be embedded within other application documents, ensuring clarity and reducing the likelihood of missing this vital information.

Pre-Adverse and Adverse Action Notices

If an employer finds information in your consumer report that may impact their hiring decision, the FCRA requires them to follow specific steps before making a final decision. This process helps ensure fairness and allows you to correct any inaccurate data that could affect your job prospects.

When an employer considers not hiring you based on your consumer report, they must issue three important documents:

A Pre-Adverse Action Notice: This notice informs you of their intended decision, allowing you to understand how information in your report might affect the outcome.

A Summary of Your FCRA Rights: This standardized document details your rights under the FCRA so you know exactly what steps you can take to protect yourself.

A Copy of the Consumer Report: You’ll receive a copy of the report they reviewed, which will help you identify any errors or outdated information.

The purpose of this notice is to allow you to review and, if necessary, dispute any inaccuracies in the report. If the employer does not hear back from you or if you choose not to dispute the information, they may proceed with their decision. If they ultimately decide not to hire you, they are required to issue an Adverse Action Notice, which includes:

Contact Information for the Credit Reporting Agency: Provide details about the agency that provided your report should you need to follow up.

An Explanation of the Agency’s Role: A statement clarifying that the agency was not involved in the hiring decision.

Instructions for Disputing Report Information: Information on your right to dispute any inaccuracies in your report and a reminder that the credit agency cannot provide reasons for the employer’s decision.

A Second Copy of Your FCRA Rights: Reinforcement of your rights under the FCRA.

It’s essential to know that employers must follow this process when screening new applicants and any time they re-screen a current employee. If an employer is reconsidering your employment based on a fresh consumer report, they must give you the same opportunity to review and dispute the information.

Requirements for Secure Data Handling

The FCRA also governs the way consumer data is stored and disposed of. These are some of the main requirements:

You must keep records one year after an employee leaves

If an employee charges you with discrimination, you must keep records until the case is complete

While you keep data, it must be protected from unauthorized access

When you dispose of it, you must do so securely

Secure data disposal means that you dispose of it in a way that stops data from being stolen. For example, if you have hard copies, you must shred them so they cannot be read.

How Employees Can Address FCRA Violations

You have options if you believe an employer has violated your rights under the FCRA. For example, if an employer conducted a background check without informing you or refused to provide a copy of your report upon request, you may have grounds to file a complaint. Here are some steps to consider:

Document the Violation: If you believe your rights have been violated, gather any relevant documents or communications from the employer. Record the details of the incident and save any forms, emails, or other paperwork.

Contact the Employer: In some cases, contacting the employer or hiring agency may be beneficial to clarify the situation. An honest conversation may resolve misunderstandings and help the employer improve its compliance.

File a Complaint with the Federal Trade Commission (FTC): If the violation is unresolved, you can submit a complaint to the FTC, which enforces FCRA regulations.

Seek Legal Counsel: If your situation requires additional assistance, consult an employment attorney specializing in FCRA cases. They can help you understand your rights and determine the best action.

By taking these steps, you can protect your rights under the FCRA and ensure employers adhere to fair hiring practices, fostering a more transparent and respectful hiring process.

What Does "Account Information Disputed by Consumer Meets FCRA Requirements" Mean?

Sometimes, a consumer report may include a notation stating, “Account information disputed by consumer meets FCRA requirements.” This indicates that the consumer has challenged a particular entry, prompting the credit bureau to investigate. The entry remains on the credit report after the disputed information is verified as accurate. If you’re a job applicant, this could mean that an employer may still consider an adverse mark, though they are aware you disputed it.

Consequences of Non-Compliance With FCRA Requirements

If an employer fails to comply with FCRA requirements, it can have serious consequences that impact your rights and opportunities as an employee or applicant:

You may suffer financial damages or face obstacles in securing employment.

Employers who violate FCRA rules may face Federal Trade Commission (FTC) sanctions.

Non-compliance can harm an employer's reputation, potentially affecting their ability to attract quality talent.

In severe cases, employers may face criminal penalties, including prison time.

Violating the FCRA is illegal and unfair, as it may prevent qualified candidates from moving forward due to incorrect or misrepresented information. You deserve transparency and accurate information throughout the hiring process as an employee or applicant.

How to Seek Legal Help for FCRA Compliance

If you suspect that an employer is not following FCRA requirements — for example, by conducting a background check without proper disclosure or refusing to provide your rights notice in the event of a denial — you may have legal options. Contact us today and speak with our team, which specializes in employment law, to discuss your rights and options.

The Path to Justice

At Wenzel Fenton Cabassa, P.A., we have developed and refined a very specific process that we use when contacting a potential client about a case. Because we have a well-trained team, most of whom have been with us for several years, the interplay between our New Client team and our lawyers is well-orchestrated and seamless. We have seen virtually every fact pattern imaginable in the workplace, and our New Client team knows the right questions to ask to get to the heart of the factual and legal issues presented by a potential client contacting our firm. We may contact you several times to collect all of the necessary information that will allow us to determine whether our firm can assist you. Here is what you can expect when you contact our firm: SEE OUR CASE PROCESS

#### What Does Harvey Weinstein’s Case Tell Us About Sexual Harassment in the Workplace?
With Hollywood movie producer Harvey Weinstein’s recent termination from the company he helped co-found and his subsequent dismissal from the Academy of Motion Pictures Arts and Sciences, it begs the question: How many complaints of sexual harassment go unheeded in the workplace?
According to a 2015 report by the Equal Employment Opportunity Commission (EEOC), approximately 70% of those who are subjected to sexual harassment on the job don’t report it. Further, the EEOC found that in a 2003 study 75% of those who reported sexual harassment in the workplace were retaliated against.
Those statistics are even more troubling considering that most organizations have policies in place to safeguard against sexual harassment. On top of that, under federal and Florida laws, it’s illegal to sexually harass someone in the workplace.

Challenges of Reporting a Sexual Harassment Claim
In addition to the fear of retaliation by the accused, which Weinstein’s accusers said was quite prevalent in his dealings with them, there are instances in which the employer might demote or reassign the accuser to another position. Other times, the employer might not take accusations of sexual harassment seriously. And many women, particularly in very competitive fields or professions, fear they will be labeled a “troublemaker” and blackballed.
In addition, it’s imperative that employers act immediately; they should investigate claims of sexual harassment the following day, if possible. However, another challenge can arise when the parties and witnesses are interviewed; oftentimes, it can devolve into a situation in which it becomes one person’s word against another’s.
In the case of many of Weinstein’s accusers, the harassment took place during the hiring process, which can also be difficult to prove. This is because that there’s often no history or a relationship between the two parties and the decision not to hire is often based on subjective factors making a discriminatory or retaliatory motive difficult to prove.
Another challenge is that federal discrimination laws do not protect individuals who work for employers with fewer than 15 employees. Consequently, even if the accuser has evidence that he or she is being sexually harassed, that individual may be less likely to come forward if he or she works for a small employer.
Finally, if a high-level executive, such as a CEO, is accused of sexual harassment, it can take a lot of fortitude for the head of HR to stand up to someone they might report to and who could easily threaten to terminate them if they follow through and investigate the allegations.
What Should You Do if You’ve Been Sexually Harassed at Work?
Yes, being subjected to a hostile work environment can be difficult to deal with, but there are steps you can take to ensure that you feel more empowered.
First, it’s your responsibility to confront the harasser regarding the inappropriate behavior. Under Title VII of the Civil Rights Act, it’s also your responsibility to notify the harasser of the incident(s). However, it’s important to note that all of this can be done via e-mail; it doesn’t have to take place in person.
Second, you should report the harassment to a supervisor. This ensures that the sexual harassment has officially been documented.
Third, you should chronicle in detail each instance of sexual harassment, regardless of whether you reported each of them.
Fourth, you should contact a sexual harassment attorney as soon as possible. An experienced attorney can help determine if you have a case and can help you file a charge of discrimination. There may be steps your attorney can take or otherwise assist you with to prevent retaliation or minimize the damage you suffer. You don’t need to wait until you have been fired to seek legal counsel. In Florida, you have 300 days from the date of the illegal act to file with the EEOC and 365 days with the Florida Commission on Human Relations (FCHR).
Do you feel as though you may have been subjected to sexual harassment in the workplace? And are you considering filing a lawsuit? If so, sign up to receive our free Guide to Sex Discrimination and Harassment in the Workplace. It will help answer all of your pressing questions.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What Employees Should Know About the FMLA & Same Sex Labor Rules
Some companies adopted human resource policies over leave and benefits for domestic partners as early as 1982, before the debate over same sex marriage arose, but now that United States vs. Windsor (2013) has allowed that same-sex marriages performed in states where it’s legal are valid for purposes of federal law, this includes the Family Medical Leave Act (FMLA). In February of 2015, the Department of Labor revised the definition of “spouse” to include same-sex spouses. This went into effect at the end of March.
What Does This Mean for Same-Sex Employees?
For employees in a same-sex marriage that was performed in a state that recognizes it as a legal marriage (there are still 11 that don’t), they are eligible for the same family leave benefits that straight employees are. These include being eligible for up to twelve work weeks of (unpaid), job-protected leave during a twelve-month period for the following reasons:

the birth, or placement (adoption or foster care) in the home, of a child
caring for the employee’s spouse, child or parent
recuperation from a serious health condition
taking care of things for an active service member if that member is a son, daughter, spouse, or parent

During this time the employee’s job must be protected (seniority remaining in effect as if the employee had continued to work during that time) and benefits remain in place. However, employees may be required to pay for the benefits while on leave.
Am I Covered Under FMLA?
While the ruling affects married same-sex employees, there are still people and companies not included under FMLA. Companies that employ less than 50 people are not included in FMLA provisions and you may not receive benefits as such. However, even though they are not required to by law, some companies extend similar benefits to their employees. Talk to your employer to know for sure. All public agencies and educational institutions, regardless of size of their employee base, must adhere to the FMLA.
Even if your company must adhere to the FMLA, some employees are not eligible. To be eligible you must have:

worked for the employer for at least 12 months (though they do not have to be consecutive)
worked at least 1,250 hours

If you meet those provisions, and your employer is one that must adhere to the FMLA, you are covered whether you are in a traditional marriage or a same-sex one (assuming it was performed in a state that recognizes it).
If you think your employer is discriminating against you, or telling you that you are ineligible for family medical leave, you need someone who can help. You need an employment attorney who understands discrimination and can ensure you are able to get the leave you are entitled to. Whether you’re welcoming a child into your home or you have to care for a loved one who’s undergoing a difficult time, you don’t need any additional concerns over your benefits and the security of your job. Contact Wenzel Fenton Cabassa, P.A. today for your free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What Employers Don't Know about Pregnancy & Sex Discrimination Could Hurt You
People have a tendency to trust their employer and the HR department. After all, they’ve been in business a while, right? But this is not always in your best interest. Employers can misunderstand or misinterpret the law unknowingly. They’re not employment lawyers and may not stay up-to-date with the Equal Employment Opportunity Commission’s (EEOC) rulings, new State and Federal laws and regulations and recent court cases. Because of this, it’s important you know your rights.

Are you being treated unfairly at work because you’re pregnant?
Know your rights & determine if you have a case with our guide.
DOWNLOAD YOUR COPY

 
Understanding the Pregnancy Discrimination Act of 1978
The Pregnancy Discrimination Act entitles pregnant women to:

Fair treatment.
Treatment that is exactly the same as other employees. For instance, an employee cannot be passed over for a job just because she is pregnant nor can an employer require a pregnant employee to lift weight that others are not required to lift.
Parity with non-pregnancy health issues.
A medical incapacity due to pregnancy must be handled in the same way a non-pregnancy medical condition would be. If reasonable accommodations were made for others, they should be made for the pregnant employee as well.

But pregnancy is protected by other laws as well. Pregnancy discrimination can also be a form of sex discrimination and if you are disabled by pregnancy, you could be covered under the Americans with Disabilities Act (ADA) of 1990. You may also be eligible for a leave of absence under the Family & Medical Leave Act for prenatal care, a serious health condition associated with your pregnancy, maternity (and paternity leave) and time off to care for your child if your child suffers from a serious health condition.
There is a lot of opportunity for discrimination when it comes to pregnancy. Some of the most common issues come from disparity in treatment between employees. For instance, an employer may purchase a special ergonomic chair for an employee with a back problem but may refuse to do it for a pregnant employee thinking that pregnancy is only a temporary condition.
Other common pregnancy discrimination examples are:

A pregnant employee being passed over for a promotion because the employer assumes she won’t have the time or inclination to put forth the effort once the baby is born, or the manager may not want someone in a position that will be vacant for several months while she is on maternity leave.
Turning down a job candidate because she’s obviously pregnant. While it may good for transparency’s sake to let a potential employer know that you are pregnant, you are not obligated to disclose health information (including your pregnancy) to a potential employer as long as you are able to perform the job duties required for the position.
Not making allowances for doctor’s appointments for a pregnant employee when you allow it for others with an ongoing condition.

Sadly, it’s not just employers who have negative thoughts about pregnancy in the workplace. Look at the number of articles written on Marissa Mayer, head of Yahoo, on her pregnancies. NYU’s Stern School of Business’ Marketing Professor Scott Galloway, said of Mayer on Bloomberg TV where he was also a contributing editor, “If she hadn’t announced she was pregnant with twins, she’d be out of a job within six months.” While we’re not all under the same scrutiny that Mayer is, it’s important to know that pregnancy and sex discrimination takes on many forms.
If you believe you’ve been treated unfairly because of your pregnancy, seek out Tampa employment attorneys who can advise you of your rights. Employers don’t always know what their legal obligations are. At Wenzel Fenton Cabassa, PA we have experience helping employees who face discrimination.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### What Happens if You Get Paid Under Minimum Wage? Easy Guide
All employees expect to be paid fairly for the work that they perform. It can impact every aspect of your financial and personal life when you are not. Many employers are bound by law to pay employees minimum wage in Florida. However, what happens if you get paid under minimum wage? If you have been underpaid, it is important that you know how to go about getting the compensation you are owed.
The Basics of Minimum Wage Laws
Passed in 1938, the Fair Labor Standards Act is the primary federal law governing minimum wage in the United States. The FLSA stipulates that all private sector employees (with specified exceptions) of covered businesses are entitled to receive no less than the federal minimum wage of $7.25 per hour, provided as compensation for the work they do for an employer.
The list of covered businesses includes:

Hospitals
Schools and colleges
Government agencies
Employers of domestic service workers (such as housekeepers)
Residential care facilities
Business with a gross annual dollar volume of sales or business volume exceeding $500,000

Even when a business is not covered by the FLSA, employees are protected by the FLSA if their work regularly involves them engaged in interstate commerce or producing goods for interstate commerce.
Examples of employees who are engaged in interstate commerce include those who:

produce goods (such as a worker assembling components in a factory or a secretary typing letters in an office) that will be sent out of state;
regularly make telephone calls to persons located in other States;
handle records of interstate transactions;
travel to other States on their jobs;
and do janitorial work in buildings where goods are produced for shipment outside the State.

Some states have minimum wages above or below the federal requirement. Employees must be paid according to the higher wage.
While exceptions exist, employers must ensure that non-exempt employees get the minimum wage they are entitled to — no matter what. The employer can incur lawsuits, fines, and penalties if they do not.
Is It Illegal to Pay Under Minimum Wage?
Whether it is illegal for an employer to pay less than the minimum wage depends on the type of business activities your employer engages in, how much money the business makes yearly, your specific employment arrangements, and your job duties. Take these two scenarios into consideration:

Your employer may have annual gross sales or business volume exceeding $500,000. However, if you are an independent contractor with that employer, you are still not entitled to minimum wage, even if the business is covered under the FLSA. Therefore, it would not be considered illegal for your employer to pay under minimum wage. However, it is not uncommon for employers to misclassify employees as independent contractors, thereby denying the employees critical benefits, such as minimum wage.
You are a full or part-time W-2 employee, and the total sales volume is under $500,000 annually. However, the business produces goods for interstate commerce. The employer may argue that you are not owed minimum wage due to that sales volume. But their goods are sold in other states, making you, the employee whose work regularly involves interstate commerce, protected by the FLSA because the FLSA covers individual employees who are “engaged in commerce or in the production of goods for commerce.”.

Employers can face significant legal consequences when they illegally pay under the federal minimum wage. Employers can expect, for example, lawsuits from private citizens, the Secretary of Labor, and a loss of their good reputation. They may also expect:

Serious fines per wage violation;
The obligation to pay court costs, attorneys’ fees, and other damages in lawsuits;
Penalties that include revoking an employer’s business license;
Labor Department audits into time and pay and employee classification records;
Court mandates to grant back pay to employees who have not been properly paid.

An employer may believe they are saving money by illegally paying employees less than the minimum wage. But in the end, it may have to hand over even more money.
Common Tactics Employers Use to Skirt Minimum Wage Laws
Most employers understand their obligations under the Fair Labor Standards Act. However, some still attempt to evade their obligations using tactics that result in employees not receiving the appropriate compensation.
One tactic employers use is timesheet manipulation. Employers can sometimes under-report hours worked to avoid paying minimum wage. For example, if a restaurant owner’s records show that a tipped server worked fewer hours than the server actually worked, the restaurant may be able to make it seem like that server’s tips covered the minimum wage obligation when, in fact, the tips were not enough to cover the restaurant’s minimum wage obligation to the server, entitling the server to additional compensation.
Employers might also attempt to misclassify employees, sometimes even mistakenly. Because some types of employees are exempt from minimum wage laws, employers may attempt to misclassify the nature of their workers’ job duties to avoid paying minimum wage. For example, a full-time employee may be misclassified as an independent contractor who is not entitled to minimum wage.
Another tactic is to use the complex and ever-changing joint employer rules. Under the FLSA, an employee can have more than one employer for the work they perform. For example, a local pizza chain employee may be working for both a franchisor and a franchisee, or a construction worker may be working for both the general contractor’s business and the subcontractor. Both employers are responsible for worker protections, like minimum wage. In some cases, one business may violate the law by not paying minimum wage and then attempt to shift liability for the violation to the other business. A business is especially likely to do this if the other business is listed as the employer of record. However, being listed as the employer of record does not mean the other business is off the hook.
If you suspect your employer is using one of these tactics, do not hesitate to contact an experienced employment lawyer for advice on how to fight for your rights.
Who Is Exempt from Minimum Wage Laws?
It is possible to have a job for which your employer can legally pay you less than minimum wage. The job types that fall into this category include:

Independent contractors
Full-time students
Student learners
Homeworkers making wreaths
Newspaper delivery workers
Switchboard operators
Fishing professionals
Field sales professionals
Motor vehicle salespersons
Companions for the elderly
Federal criminal investigators
Seamen not on American vessels
Farmworkers employed on small farms
Part-time home-based childcare employees
Seasonal amusement or recreational establishments
Employees with disabilities that diminish their work capacity

Tipped employees (a tipped employee is an employee engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips) are also permitted to make less than minimum wage. However, their employer must make up the difference if their tips do not ultimately add up to at least $7.25 per hour.
Executive, administrative, professional, and outside sales employees, as defined in Department of Labor regulations, who are paid on a salary basis, are exempt from both the minimum wage and overtime provisions of the FLSA. Exemptions are narrowly construed against the employer asserting them.
Signs You Are Being Paid Less Than Minimum Wage
While some signs that your employer is paying less than minimum wage are obvious, others may not be. It is worth investigating to ensure you are receiving the pay you are entitled to if your employer is engaged in the following activities:

Paycheck Discrepancies: Divide your gross pay by the number of hours you worked. If it is less than $7.25, you might be being paid less than minimum wage.
Unauthorized Deductions: Any amount deducted from your paycheck cannot result in you being paid less than minimum wage if you are a non-exempt employee.
Asking You to Work Off the Clock: Employers sometimes avoid paying the minimum wage by asking employees to do work “off the clock.” The FLSA requires employers to keep records of wages and hours. Most of the information is of the kind generally maintained by employers in ordinary business practice.
Refusal to Provide Access to Records: If your employer refuses to show you your pay records, it may signify that it is.

Still, it is important to realize that any one of these actions alone does not necessarily constitute a violation. It is imperative to speak with someone familiar with wage and hour laws to determine whether your employer’s behaviors warrant further investigation
Can You Sue Your Employer for Underpaying You?

If your employer is underpaying you, there are several actions you can take to remedy the situation. You can file a complaint with the U.S. Division of Labor Wage and Hour Division or contact your state or county agency.
However, federal and state agencies will only take on a limited selection of cases.
Another more common route is to file a private lawsuit. Before you do this, you should:

Gather your evidence, including pay stubs, tax documents, timesheets, employment agreements, and any communication regarding your pay.
Consider speaking to your employer or HR department and asking for the discrepancy to be corrected.

If you still believe your employer is underpaying you, contact a lawyer right away, as an attorney will be able to evaluate your case, determine the potential damages, discuss the statute of limitations, and potentially pursue the case against your employer.
Holding your employer accountable for unpaid and underpaid wages is a complex process, but it is possible with the help of knowledgeable employment law attorneys on your side.
How to Report Minimum Wage Violations
If you want to report minimum wage violations, you can contact the Wage and Hour Division of the Department of Labor (“DOL”) or your local or state agency (in states that have them). Either way, you will go through a process that looks something like:

Gathering Information: You will need to provide information about yourself, your employer, and your employment arrangement.
Submitting Evidence: If you have pay stubs, pay records, tax documents, or any other evidence of being underpaid, you will be asked to submit it.
Deciding How to File: To file with the DOL, you can contact the DOL by phone at 1-866 4 U.S. WAGE, or you may contact them by email through their official online form.
Waiting for a Decision: After submitting all of your information, you will wait for someone from the DOL, local or state agencyto contact you regarding your case.

Once you file your complaint, the agency will decide how to proceed. They may decide to conduct an audit or an investigation. The agency may also decide to sue your employer for back pay and liquidated damages.
Consult an Employment Law Attorney
If you think you have been underpaid in violation of the law, consult with a qualified and experienced employment law attorney. They can evaluate your case, determine potential damages, and help you get the compensation you deserve.
The attorneys at Wenzel Fenton Cabassa, P.A. focus only on employment law cases, which means the team has in-depth knowledge of minimum wage rules and regulations. Contact our FLSA minimum wage attorneys today for a free case evaluation and to learn more about ensuring you are paid properly and for all hours worked.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### What Happens If You Violate a Non-Disclosure Agreement?
What happens if you break a non-disclosure agreement? If breaking a non-disclosure agreement is proven, there can be severe consequences in some cases. This may include either civil penalties or even criminal penalties. Either of these could significantly impact your life, including risking your financial future and freedom. A lawyer can help you in multiple ways. They can help you understand an NDA’s components and how they work and deal with any consequences for breaking one. So, what happens if you break an NDA?
Civil Penalties for Violating an NDA
The first consequence of breaking a non-disclosure agreement is civil penalties. Businesses commonly use NDAs to secure trade secrets or other private information. The terms included in the NDA agreement will correspond with the breach of the NDA. Generally speaking, this means that the information included in the NDA has either been revealed or misappropriated. Some types of information that are often protected in a non-disclosure agreement include:

Information about clients
Product designs
Unique manufacturing processes
Marketing strategies

Civil penalties for breaking the terms of the NDA can include monetary damages or an injunction to prevent further violations of the agreement. The company or person that the NDA violation has damaged has the ability to seek legal remedy in a civil court. This could include being sued for breach of contract, but also potentially for the following, depending on the circumstances:

Copyright infringement
Breach of fiduciary responsibility
Various types of violations of intellectual property (IP) law, including drawings, computer codes and programs, formulas, and business techniques

The types of financial compensation that a person or company may receive in a lawsuit due to breaking a non-disclosure agreement include:

Punitive damages (detailed in the agreement terms)
Recovery for business interruptions or loss of business
Funds for payment of legal fees and other costs associated with a lawsuit associated with an NDA violation

Civil penalties for breaking an NDA can easily amount to thousands of dollars. Depending on the severity of the breach, the two parties may be able to come to an understanding through other conflict resolution strategies instead of going to court.
Criminal Penalties for Violating an NDA
What happens if you violate a non-disclosure agreement? The second consequence of breaking a non-disclosure agreement is criminal penalties. Depending on the circumstances, the consequences could equate to significant incarceration time. This NDA violation penalty would be life-changing, causing effects across various areas of a person’s life long into the future. However, it is important to know that criminal charges only occur in some cases, particularly where classified or confidential information is involved. An example of this would be the theft of trade secrets. If you believe there has been any type of breach of an NDA that you signed, consult with an attorney. Can you break an NDA in court? That depends. If a company was found guilty of a crime, it would probably be looked upon favorably by the courts.
Loss of Reputation and Business Relationships
Careers can also be affected due to violations of NDAs. The third consequence of breaking a non-disclosure agreement is the loss of reputation and business relationships. This can make it very difficult for you to succeed in your field of choice. If proven, breaking NDA consequences include potential damage to your reputation and loss of credibility in your industry. This can result in the loss of current business relationships and potential new ones. Opportunities like new roles or contract work can also be lost. When you are considering what happens if you violate an NDA, know that it could have wide-ranging consequences.
Cost of Litigation
The fourth consequence of breaking a non-disclosure agreement is the cost of litigation. If a party who has been damaged by a violation of the NDA decides to take legal action, the cost of the resulting litigation can be significant. Multiple types of expenses are typically involved in this type of lawsuit. This includes the cost of hiring an attorney, the cost of expert witnesses, and the cost of going to trial. The cost of litigation can not only include the expenses of the party that brings a lawsuit against you for breaking a non-disclosure agreement, but it can also include your legal expenses too. Even if you win the case, you may still be responsible for paying your own legal fees.
Contacting a Lawyer for NDA Violations
When you contact a lawyer for NDA violations, they can help to avoid or reduce civil and criminal penalties. Due to the complexity of these types of cases and the potentially severe consequences, consulting with an attorney is strongly advised.
Negotiations with the holder of the NDA are a strategy that is often utilized in certain cases. This could include obtaining consent to disclose the information protected in the agreements.
A lawyer can also help you to understand the restrictions of an NDA. Many NDAs are binding contracts. However, some situations can occur where they may not be fully enforceable. Florida does place restrictions on restraints of commerce or trade. The restrictions designated by the state limit non-disclosure agreements to specific trade areas and geographic locations.
The time period of the NDA can also have its limits, affecting the agreement’s enforceability. Additionally, if the purpose of the NDA is illegal, it may not be enforceable either. Employers often create intentionally vague or overly complicated language in an NDA. An attorney thoroughly reviews the NDA to determine what it legally includes and any associated restrictions.
WFC has experience with NDA violations, particularly as they relate to employers. We are here to help. We are strong negotiators and litigators and have expertise with employment contracts. For a free case evaluation with an experienced attorney regarding your NDA agreement, contact Wenzel Fenton Cabassa, P.A. today.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What If My Boss Makes Racist Jokes or Comments?
Racist jokes or comments from a supervisor aren’t just uncomfortable; those comments can create a hostile work environment and may violate federal and Florida anti-discrimination laws. When the person making these comments is your boss, the power imbalance makes the situation even more serious. Many employees worry about speaking up, fear retaliation, or wonder whether the behavior is illegal.

If you’re dealing with racist remarks at work, here’s what you need to know about your rights and what steps you can take to protect yourself.

Are Racist Jokes or Comments From a Boss Considered Harassment?

Under Title VII of the Civil Rights Act and the Florida Civil Rights Act, racist remarks may qualify as illegal workplace harassment if the behavior is severe, repeated, or creates a hostile work environment. Courts use the “severe or pervasive” standard, meaning a single extremely offensive incident might be enough, or ongoing racist comments may also qualify.

A boss making comments about your race, using stereotypes, or making derogatory remarks can turn your workplace into an abusive environment. And because supervisors act on behalf of the employer, companies can be held responsible if they fail to stop the harassment.

What Should I Do If My Boss Makes Racist Comments?

When you’re dealing with harassment from someone in power, it’s easy to feel stuck or unsure of how to respond. But you may have options.

Start by keeping a detailed record of each incident by recording what was said, when it happened, and who was present. Written documentation can be very helpful. Save any messages, emails, or other proof of racist behavior. If your workplace has a formal complaint process, reviewing it may help you understand how complaints can be filed when you feel safe doing so. Submitting a written report can help create a clear record of what occurred.

Could I Be Fired for Reporting Racist Comments?

In many situations, you cannot legally be fired, punished, or retaliated against for making a protected complaint, but these protections only apply when certain legal requirements are met. When those conditions are met, retaliation is illegal, and it’s one of the most common issues employees face after coming forward. 

If you complained about racist comments and were later fired, written up, demoted, or denied opportunities, this may be a case of wrongful termination or retaliation under federal and Florida law. The race discrimination attorneys at Wenzel Fenton Cabassa, P.A. can help evaluate whether the timing and circumstances show evidence of retaliation.

What If HR Doesn’t Take the Situation Seriously?

One of the most discouraging parts of dealing with workplace harassment is reporting it, especially when HR minimizes the behavior or suggests you “let it go.” When the person making the comments is your supervisor, companies are legally required to take complaints seriously and act quickly.

If HR ignores your complaint, dismisses it as harmless, or fails to intervene, the company could be exposed to liability for allowing the behavior to continue. When this happens, the next step may be speaking with an experienced employment lawyer. The race discrimination attorneys at Wenzel Fenton Cabassa, P.A. can review your facts, explain your options, and determine how we may be able to assist under the current laws.

When Should I Contact a Race Discrimination Attorney?

There’s no wrong time to reach out, but you should absolutely seek legal guidance if:

HR refuses to take action

You’ve noticed changes in your schedule, treatment, or workload after complaining

You were fired, demoted, or disciplined after reporting harassment

If this has happened to you, don’t wait. Contact the race discrimination attorneys at Wenzel Fenton Cabassa, P.A. Our firm has spent over thirty years fighting for equal opportunity in the workplace across Florida, and we can review your situation and determine how we may be able to assist.

Speak With a Florida Workplace Race Discrimination Lawyer

Racist jokes or comments from your boss are not something you should have to tolerate. They may violate federal and state discrimination laws, create a hostile work environment, and place you at risk of continued harassment or retaliation.

The employment attorneys at Wenzel Fenton Cabassa, P.A., advocate for employees across Florida who have experienced race-based harassment and discrimination. If you’re dealing with racist remarks at work, contact us today for a confidential case evaluation.

#### What Is a Class Action Lawsuit?
When a business or individual causes harm to many people, it often makes sense for those affected to pursue a class action lawsuit. In this type of case, one or more individuals (referred to as “lead plaintiffs” or “named plaintiffs”) file a lawsuit on behalf of a larger group of people with similar claims. Any recovered damages are then distributed among all members of the group.
Class action lawsuits allow plaintiffs to hold defendants accountable, even when individual lawsuits might not be financially viable. For instance, if a bank unlawfully charged customers an extra $20 per month, it may have made millions in illegal profits. Filing individual lawsuits for a $20 fee would be impractical, but a class action lawsuit can seek justice for everyone affected and potentially return the lost money.
Class action lawsuits can be complex, and understanding what is a class action lawsuit is essential if you believe you are entitled to compensation. Here’s what you need to know about how they work:
How Does a Class Action Lawsuit Work?

For a case to qualify as a class action lawsuit, it must meet four key criteria:

Large Class Size: The group of affected individuals must be so large that filing individual lawsuits would be impractical.
Similar Claims: All class members must share similar legal claims.
Representative Claim: The lead plaintiff’s claim must represent the entire class.
Qualified Attorneys: The attorneys representing the class must have the necessary experience and qualifications to handle the case.

The process begins when the lead plaintiff files a lawsuit. The court will then review the case to determine if it meets the above criteria. If approved, the class is “certified,” and other members may choose to join or opt-out if they prefer to file their own lawsuit.
As the case progresses, attorneys will work to build the case and often attempt to negotiate a settlement with the defendant. If a settlement is reached, it must be reviewed and approved by the court. If no agreement is made, the case will go to trial.
If damages are awarded, they are typically distributed using a formula that accounts for the extent of harm suffered by each class member, meaning those who were harmed more may receive a larger portion of the payout.
It’s important to note that class action suits are often lengthy and can take years to resolve.

Common Types of Class Action Lawsuits
Class action lawsuits can arise in various situations. Some of the most common class action lawsuits to join include:

 Consumer Protection Cases

When companies mislead or deceive consumers, a class action lawsuit can help rectify the situation. For example, a food manufacturer might falsely advertise a product as healthier than it is, leading consumers to overpay. In such cases, affected consumers can seek compensation through a class action lawsuit.

 Employment Disputes

Class action lawsuits frequently arise when employers engage in unfair or illegal practices that impact a large number of employees. Common reasons include:

Illegal background checks
Mismanagement of employee retirement plans
Illegal mass layoffs
Failure to inform terminated employees about their COBRA healthcare rights

For example, consider a company that mismanages its employees' 401(k) retirement plans by investing in high-fee, poorly performing funds without proper oversight. This negligence can result in significant financial losses for hundreds or thousands of employees over time. A class action lawsuit would allow all affected employees to seek compensation for the mismanagement and hold the company accountable for breaching its fiduciary duty to properly manage retirement savings.

 Product Liability Claims

When defective or dangerous products harm multiple customers, a class action lawsuit can help those affected seek justice. An example would be an e-cigarette that explodes during charging, injuring several users. These individuals could file a class action to recover damages.

 Securities Fraud

Securities fraud cases often involve large groups of investors harmed by illegal company practices. Misconduct may include:

Misrepresenting financial information
Insider trading
Market manipulation
Ponzi schemes

Since publicly traded companies often have many investors, class action lawsuits are an effective way to seek compensation for financial losses.
Benefits and Drawbacks of Class Action Lawsuits
Before joining or filing a class action lawsuit, it’s important to weigh the pros and cons:
Benefits

Efficient for Smaller Claims: It allows plaintiffs to pursue claims that may be too small to justify individual lawsuits.
Shared Legal Costs: Costs are spread across the class, making legal action more affordable.
Time-Saving: Class actions are more efficient than pursuing separate lawsuits.
Minimal Involvement for Class Members: Most class members do not have to actively participate, aside from the lead plaintiffs.

Drawbacks

Longer Timeframes: Class action lawsuits often take longer to resolve.
No Individual Settlement Negotiations: You cannot negotiate your own settlement terms if part of a class action.

If you’re unsure whether to join a class action lawsuit or pursue an individual case, our attorneys can help you understand your options.
How to Join a Class Action Lawsuit
Most class action lawsuits do not require members to opt-in. Instead, individuals are automatically included unless they choose to opt-out. However, to receive a payout, you typically need to submit a claim form by a specific deadline. Eligible class members should receive notice via mail or email.
The Role of the Lead Plaintiff
Lead plaintiffs represent the entire class and have several responsibilities, including:

Providing evidence
Attending strategy meetings and court proceedings
Participating in depositions
Approving or rejecting settlements on behalf of the class

Lead plaintiffs are chosen by the attorneys and must be approved by the court. They should be individuals who experienced similar damages as other class members and are willing to actively participate in the lawsuit.
Potential Outcomes of a Class Action Lawsuit
Class action lawsuits can result in different outcomes:

Dismissal: The lawsuit is dismissed by the court.
Settlement: The defendant agrees to pay a certain amount, and the court determines how the payout will be distributed among the class members.
Court Verdict: If the case goes to trial, the court rules in favor of either the plaintiffs or the defendant. If the plaintiffs win, the court will decide the payout distribution.

Examples of Notable Class Action Lawsuits
Some class action lawsuits make headlines due to their size and significance. Notable cases include:

Tobacco Master Settlement Agreement (1998): $206 billion settlement with tobacco companies over illnesses related to tobacco use.
Enron Securities Fraud Settlement (2008): $7.2 billion settlement after Enron’s collapse due to fraudulent practices.
Volkswagen Emissions Settlement (2016): $14.7 billion settlement for installing software that allowed cars to cheat emissions tests.

Could You Be Part of an Employment Class Action Lawsuit?

If you and other employees have faced similar violations from your employer, you may be eligible to join an employment class action lawsuit. Our experienced employment law firm has prosecuted countless individual and class cases, and we can help you evaluate whether a class action or an individual case is the right legal path for you. We can explain in detail how to start a class action lawsuit. We’re committed to standing up for employee rights and ensuring you receive the justice you deserve.
Contact Wenzel Fenton Cabassa, P.A. today for a free case evaluation and learn more.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What is a COBRA Election Notice?
When an employee loses a job, the Consolidated Omnibus Budget Reconciliation Act (COBRA) requires employers to offer continued health benefits at your own expense. in most cases.
Your employer is also required to provide you with a COBRA election notice in a timely manner. This document explains your entitlement to COBRA insurance and what steps you must take if you elect to continue receiving benefits.
If you have lost your job and believe you are owed COBRA benefits, here is what you need to know about COBRA election notices and what you are owed.
Understanding the COBRA Election Notice
Employers that are required to provide eligible former employees with COBRA insurance have to alert their group health plan administrator within 30 days of terminating a worker. Once the group health plan administrator is notified, they have 14 days to send a notice to the employee in question. COBRA election notices must also be provided to any eligible beneficiaries. For instance, if your spouse is also covered under health insurance offered by your employer, they need to be officially made aware of their rights to continue their health benefits as well.

The COBRA election notice must include specific information, such as:

An explanation for what you must do to elect COBRA,
How to alert your plan administrator if you choose to do so, and
The deadline for electing to receive COBRA insurance

Other details the notice must cover include:

The date coverage will begin, premium costs,
Where/how to send premium payments,
When to send premium payments,
The identity of plan administrator,
How long you may continue receiving coverage, and
Triggers that may result in early termination of COBRA insurance

Employers are responsible for sending COBRA election notices within the established timeframe. If your employer fails to do so, contact a  Florida employment law attorney . They will let you know what your options are.

On that subject, it is important to know your rights when an employer fails to comply with the requirements for providing COBRA notices. The following points are particularly worth keeping in mind:
Your Employer May be Required to Cover Certain Medical Expenses
If your employer fails to provide you with a COBRA notice in a timely manner, there may be a period of time during which you will be uninsured. During this time, if you incur any medical expenses that would have been  covered under COBRA  had you received the notice on time, you may be able to recover those expenses. In such situations it helps to work with an employment law attorney familiar with the relevant laws governing employers’ responsibilities in these cases.

Your Employer Can be Penalized
It is worth noting that employers who miss the deadline to provide COBRA election notices may incur up to a $110 a day civil penalty, which continues until they remedy the situation.
That said, courts can adjust the penalty depending on certain factors. For example, in previous cases, employers who did not provide COBRA notices according to the established timeline have incurred lesser fines if the employees who would have received the notices obtained other coverage and/or did not incur any medical expenses during the period in question.
You’re Also Entitled to COBRA Coverage Termination Notices
It is important to note that you should also receive a notice when  COBRA insurance  coverage is terminated for any reason. If you incur substantial medical expenses because you did not receive proper notice and were under the impression you still had COBRA insurance, you may be able to receive some form of compensation, although circumstances vary on a case-by-case basis.

That is why it is essential to contact a  COBRA attorney  if you think a COBRA election notice violation has occurred. They will evaluate the situation and determine if you have a case, helping you get what you are owed if they determine your case has merit.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### What Is A Non-Compete Agreement: An Employee’s Guide
Being offered a new job is a very exciting time. But it is important not to let that excitement you are feeling interfere with your judgment. It is not uncommon for employers to request that you sign a non-compete agreement as a condition of your employment. A non-compete agreement may also be presented to you as a current employee as a condition of continued employment or receipt of certain benefits (such as stock options). If you are wondering, “what is a non-compete agreement?” and what to expect, our guide will highlight what you need to know before you sign one.
What Is A Non-Compete Agreement?
A non-compete agreement, also known as a covenant not to compete, is a contract between an employer and an employee. It contains language that can control the employee’s behavior long after they leave the company. Non-compete agreements for employees typically prevent individuals from working for a competitor or becoming a competitor (such as launching an independent business) during their employment and after the termination of employment. Many non-compete agreements provide that the non-competition and other restrictive covenants are triggered by any termination of employment, even one without cause.
Some employers will intentionally use vague language that makes it very difficult for someone to continue to work in their field of choice, so it is advisable to be cautious and diligent before signing this type of document.
How Does a Non-Compete Agreement for Employees Work?
One of the most common questions people ask after, “What is a non-compete agreement?” is
“How does a non-compete agreement for employees work?
Optimally, the contract should be fair and equitable for both the employer and employee. Although, it is not uncommon for employers to construct documents that favor their best interests.
The standard information in the agreement includes:

A beginning date on which the contract will become effective
The reason that the document is being enacted
The specific dates the employee will be prevented from working for a competitor or as an individual competitor
Specific language defining what business interest is being protected by the agreement and the scope of work which would be considered “in competition” with the employer
The geographic scope of the non-compete agreement
Language that details how the employee will be compensated for agreeing to the terms of the contract

There are multiple areas regarding the competition that is often considered for inclusion in a non-compete agreement, including:

client relationships, lists, and associated data/contact information;
proprietary or sensitive information;
valuable ideas and trademarked business practices in direct competition with the company;
trade secrets; or
clients, patients, and customers within a specific geographic location

The dates and detailed language in which the agreement will be in effect should be carefully considered. It is highly advised to consult with an attorney to ensure that you understand the full parameters of the contract and how it works before you sign the proposed agreement. An employment law attorney can help ensure you are not jeopardizing your career by signing a non-compete agreement that severely limits you after you leave your job.
Are Non-Compete Agreements Allowed in Florida?
State law (and other restrictive covenants) varies greatly from state to state.
Florida does allow employers to use non-compete agreements. These could be requested or required not only for employees but also for contractors, consultants, and outside professionals that are involved in mergers and acquisitions.
Pros and Cons
When deciding whether or not to sign a non-compete agreement, there are pros and cons you should consider.
Pros:

It protects the company’s trade secrets, which shields sensitive information from being shared that can affect competitiveness.
It can reduce turnover, which will provide stability for both parties and benefits employees who do not like to change jobs very often.
It could act as an incentive for the company to provide training, making employees more inclined to stay in their jobs.

Cons:

It can limit the employee’s bargaining power — since many individuals are asked to sign one after they are hired and take other previous potential employment opportunities “off the table.”
It can take an employee out of their field altogether because many agreements can be so restrictive that upon leaving the company, the former employee is effectively barred from using their skills and experience in a new position.

What to Do If You Are Asked to Sign a Non-Compete Document
If a potential employer or current employer asks you to sign a non-compete agreement, be cautious and do not sign it immediately. Do not allow them to bully you or put pressure on you to immediately sign a document that could end up significantly restricting your ability to make a living in the future.
A company may include vague language, unreasonable periods of time, or unreasonable restrictions on geographic areas for your future work, among other restrictions that could severely limit what you do if you leave.
Non-compete agreements for employees or potential employees should be thoroughly reviewed and analyzed to determine what the language means and how it would affect your future work. It is advisable to consult with an attorney with expertise and experience in non-compete agreements to review, analyze, and ensure that you understand the contract’s parameters.
When to Contact an Employment Law Attorney
Signing a non-compete document should be approached with caution as it can have consequential effects on you and your family.
If you have been given a non-compete agreement, the next step is to contact an employment lawyer before signing to ensure that all the parameters are acceptable. An employment law attorney can also help you if you have been served with papers by a former employer (or have received a “cease and desist” letter from a former employer)alleging that you have violated a non-compete agreement.
At Wenzel Fenton Cabassa, P.A., we review, analyze, negotiate, and restructure employment and termination agreements, including non-compete agreements, with the legal knowledge and attention to detail employees need. When it comes time to fight temporary injunctions brought by employers, we utilize all resources in helping clients navigate through a complex and often contentious injunctive relief process.
We are the employee’s law firm — a tireless legal team fighting for your rights.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### What Is a Pre-Adverse Action Notice?
Can You Still Get Hired After a Pre-Adverse Action Letter?
Receiving a pre-adverse action letter may seem like a death knell for your chances of working for that particular employer. It is easy to feel that by sending the notice, the employer has already written you off as a potential candidate and is committed to hiring another applicant.
While this is certainly a possibility, it is not the only way to view receiving a pre-adverse action notice.
Though employers must give you a pre-adverse action notice regardless of how they feel about you as a candidate, there is a silver lining to receiving this notice — it allows you to provide additional information to the employer.
You can provide context or additional information to explain the negative information on the background report.
There is no requirement, legal or otherwise, that says once an employer sends a pre-adverse action notice, that employer must follow through and take the adverse action. After receiving the additional information you provide, the employer can offer you the position and not take the adverse action threatened in the notice.
Because employers can and do change their minds after receiving additional information or context about the negative information found in your background report, you must respond in a timely manner to a pre-adverse action notice.
The worst outcome that can happen is that the employer follows through and does not extend the opportunity to you.
Are Employers Required to Send a Pre-Adverse Action Notice?
Although some employers may want to avoid sending a pre-adverse action notice, providing such notice is legally required. An employer considering not hiring or promoting an employee because of a negative background check does not have the discretion to decline to provide the notice to the applicant or employee.
According to the FCRA, an employer must provide a pre-adverse action notice any time the employer intends to take an “adverse action” against a current or prospective employee because of a background report.
The term “adverse action” includes not only a refusal to hire but any employment-related decision that affects a potential employee or a current worker.

The employer must send the notice when an adverse action is contemplated or intended.
No law indicates how soon after receiving the negative background report, the employer must send the pre-adverse action notice, only that it must be done when an adverse action is being considered. An employer must send the notice before any adverse action is taken.
Not only does the FCRA require a pre-adverse action notice to be sent, but the law also governs what the notice must contain. Once again, employers do not have the unfettered discretion to craft any notice they choose. The notice must conform to the legal requirements of the FCRA by including specific information and advisories.
An employer who sends a deficient pre-adverse action notice can find themselves in the same perilous legal position as one that provided no notice. This is because failing to provide a legally sufficient pre-adverse action notice does not allow the employer to take the adverse action.
A corrected notice must first be provided before the anticipated adverse action can be taken.
What Does a Pre-Adverse Action Notice Include?
When you receive a pre-adverse action notice, you have certain rights, including the right to review the background report with negative information and the right to challenge inaccurate information.
However, many applicants and employees might need to be made aware of these rights or how to assert them. For this reason, the FCRA mandates that pre-adverse action notices contain specific important information.
First, the notice itself must contain a notice that, based in whole or in part on the results of a background investigation, the employer is considering taking an adverse action.
The language used in the notice is important, and the employer’s notice should speak in terms of the employer “considering” taking adverse action. If the notice speaks of the employer having already taken an adverse action, the employer may have violated the FCRA.
Next, the employer should include a copy of the background report containing the negative information that the employer is considering in making its decision. This allows you to review the same report your employer has reviewed and view the same negative information your employer has seen.

Reviewing the report containing the negative information is crucial to your ability to respond appropriately.
Suppose the employer was permitted to give you a summary statement of the negative information it found. In that case, such a summary might not give you sufficient detail to address your employer’s concern. Or the summary provided may be inaccurate.
It is for this reason that you should receive a copy of the background report in question with your pre-adverse action notice letter.
Finally, your pre-adverse action notice should contain “A Summary of Your Rights Under the Fair Credit Reporting Act.” This document advises you of the rights you have under the FCRA, including the right to:

Know if information about you in a consumer report has been used in an adverse manner against you
Know what is in your file that a particular consumer reporting agency keeps on you
Dispute information in your report that is not accurate or not complete
Only allow employers to have access to your report with your consent

Armed with the information in a proper pre-adverse action notice, you should be well-informed as to what information the employer received about you, where the information came from, and what you can do to correct the negative information if it is inaccurate.
Typical Waiting Period for Pre-Adverse Action Letters
Once your employer has sent you a pre-adverse action notice, it must give you a “reasonable time” to provide any information or clarification you would like to provide. The employer may not take the intended adverse action against you during this time frame.
Once a reasonable time has passed, the employer may proceed with the pending adverse employment action.
While the FCRA states that the employer must wait a reasonable time after providing the pre-adverse action letter, it does not define the term “reasonable time.”
Thankfully, court decisions and guidance from the Federal Trade Commission (FTC) have suggested that five days is sufficient for you to review your consumer report and take corrective action.
This five-day period is not binding, though. Instead, the five days are meant as a general guideline for employers. The amount of time your employer should wait before taking adverse actions against you may be slightly longer or shorter than five days, depending on your specific circumstances.
When to See an Attorney
While unfortunate, receiving a pre-adverse action letter pursuant to the FRCA does not automatically signal that your employer has acted unlawfully toward you. Employers do generally have the right to make employment decisions, in part or in whole, on information contained in consumer credit reports.
However, now that you know the answer to “What is a pre-adverse action notice?”, there are several situations in which you should consult with an attorney right away. First, if your employer refuses to hire you because of information in a background report but did not first give you a pre-adverse action notice, your rights may have been violated.
Similarly, if the notice you received did not contain all of the essential elements and a copy of your consumer report, you may have rights under the FCRA.
If you have questions about what a pre-adverse action notice is or if you need clarification on your FCRA rights, Wenzel Fenton Cabassa, P.A. is here to help. Our years of experience representing employees and job applicants make us familiar with the FCRA and your rights under this critical legislation.
You have a limited time to act when you receive a pre-adverse action notice. However, promptly enlisting the help of Wenzel Fenton Cabassa, P.A. can mean the difference between a job offer and a job rejection, both now and in the future.
Do not risk your employment prospects by allowing inaccurate negative information to remain on your consumer report. Contact Wenzel Fenton Cabassa, P.A. right away.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What Is a Right to Work State? Knowing Your Employee Rights.
What is a right-to-work state? This question is one of the most common regarding employee rights. Rightfully so. These laws cover millions of private-sector workers in multiple industries throughout the United States.
From teachers to firefighters and electricians to pipefitters, and many more types of workers —if you live in a right-to-work state, you should understand how that can impact your career and employee rights.
What Is A Right to Work State?
A right-to-work state has passed legislation at the state level detailing an employee’s right to work at a job while having a choice of whether to join a union or not. Over half of the states have passed state laws addressing this issue.
When an individual who works in a right-to-work state is hired by an employer subject to a collective bargaining agreement, that individual must consider the pros and cons of joining the union which represents that employer’s employees and then decide whether to join or not. In a Right to Work State, the employee is not required by law to join the union and pay dues, even though all workers who fall within the bargaining unit are covered by the negotiated collective bargaining agreement regardless of membership status. Neither the Union nor the Employer may compel union membership as a condition of employment. As part of the legislation, workers benefit from collective bargaining agreements negotiated by unions, whether or not they are a member. Employers must abide by right-to-work laws or be held accountable under federal and state laws.
Is Florida a Right to Work State?
Florida enacted right-to-work legislation back in 1943. States across the country also have right-to-work laws, including our neighboring states- Georgia, Alabama, Louisiana, and Tennessee.
There are varying viewpoints on being a right-to-work state. Some view it as a good thing, giving individuals more freedom in their chosen field and the right to reject compulsory membership. Others are opposed, including many labor and employee rights groups, because they feel right-to-work states are anti-union and do not provide protections for employees against unjust actions by employers while placing the cost of protecting employees’ rights (member and nonmembers) on the union and dues-paying members.
Employment law attorneys are strong advocates of employee rights, helping workers hold employers accountable for employment law violations.
Right to Work v. At-Will Employment: What’s the Difference?
In addition to the common employee rights question, “What is a right to work state?” people will also often ask, “What is at-will employment?” Even though the questions sound similar, the answers are different.
The term at-will employment does not cover rights regarding unions or membership in a union. At-will employment means that an employer can fire you “at-will” for any reason, as long as it is not illegal. The employer is not bound by contractual obligations such as those found in a collective bargaining agreement or individual employment agreement that requires a showing of “good cause” or “just cause” for termination or other disciplinary action. Just because you are an at-will employee that does not mean an employer may terminate your employment for an illegal reason. Illegal firing can include terminating you because of your religion, race, sexuality, or other types of discrimination, or your participation in certain activities which are prote4cted by law.
Florida is an at-will employment state as well. Even though your employer can legally fire you for any reason, such as performance, frequent call-outs, etc., employees have many rights, including rights against discrimination and wrongful termination, that are detailed in state and federal laws.
State and Federal Right to Work Laws
Right-to-work laws are found on the state level and under federal legislation as well.
A basic summary of Florida’s right-to-work laws is as follows:
Under Fla. Const. Art. I §6, “The right of persons to work shall not be denied or abridged by membership or nonmembership in any labor union or organization.”
The National Labor Relations Act (NLRA), administered by the National Labor Relations Board (NLRB), is the federal legislation that addresses issues covered in Florida’s right-to-work law.
An employee rights attorney can utilize state or federal law as the legal authority in the development of a case against an employer for violations of employee rights.
There are multiple ways that an employer may violate state and federal laws regarding right-to-work.
Do I Have a Case Against My Employer?
Employees have the power to file a case against their employer under right-to-work laws. Depending on your particular situation, you may or may not have a case.
According to the NLRB, examples of NLRA violations that may qualify for a case include:

An employer threatens employees with loss of jobs or benefits if they join or vote for a union or engage in protected concerted activity.
An employer is transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they engaged in union or protected concerted activity.
An employer transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they filed unfair labor practice charges or participated in an investigation conducted by NLRB.
An employer threatens to close a plant if employees select a union to represent them.

This is not comprehensive of potential violations. Each situation is different, and you may have a case if your circumstance is different than those listed above.
In addition, if your employer violated at-will employment laws, such as firing you specifically due to your race, religion, disability, or sex, you may also have a case.
Your Next Steps
If you believe your employer has violated your rights, contact an employee rights attorney to discuss your case. They will thoroughly examine the details of the situation and advise you of your best legal options moving forward.
Gather any documentation you may have, including relevant HR records, employee handbooks, memos, emails, etc., which includes:

documentation of any dates,
times,
details of what occurred,
locations of threats that you have received, and
any witnesses to those threats.

It is not uncommon for employers to violate right-to-work laws for more than one employee. Your situation may qualify for a class-action lawsuit. Whether violations of employee rights occur on an individual or a group level, everyone is entitled to legal representation.
Wenzel Fenton Cabassa, P.A. fights for justice for employees every day. We are aggressive advocates of employee rights and have helped thousands of workers across Florida. We explore every avenue to ensure our clients are adequately compensated for their losses.
Contact us today to schedule a free, confidential case evaluation. We’re the employee’s law firm— a tireless legal team fighting for your rights.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What Is an Adverse Action as Defined by FCRA?
Your consumer credit report can impact several areas in your life, including your ability to obtain credit on favorable terms. Individuals have experienced difficulties in securing a mortgage or a car loan because of negative marks and information on their credit reports.
Your credit report can affect other areas of your life beyond your housing situation and transportation options. Employers can obtain copies of the credit reports of employees and job applicants, and they can use the information to deny you employment, demote you, or even terminate your employment.
The Fair Credit Reporting Act (FCRA) protects you and other employees against the unfettered use of your credit report in this way.
The FCRA does not prohibit employers from using the information in your credit report to make employment-related decisions. That said, it does provide a procedure to help safeguard you against your employer’s unfair use of inaccurate credit information or FCRA adverse actions.
Suppose you need more confidence about what an adverse action is as defined by FCRA or what adverse employment actions can be taken against you due to the information in your credit report. In that case, a Florida employment rights attorney can help. You may have rights, and your attorney can help you assert them.
What Does the FCRA Do?

The Fair Credit Reporting Act, abbreviated as FCRA, is a federal law passed in 1970 designed to govern how credit bureaus can collect and disclose consumer credit information. The FCRA’s goal is to ensure an accurate picture of each person’s creditworthiness is available and disclosed to authorized individuals when the law permits.
To accomplish these aims, in accordance with the FCRA, the credit bureaus will collect and disseminate information about your credit history with lenders and banks. This information can include your payment history, the ratio of your credit used to your available credit, and how many times you have recently applied for credit.
Information subject to the FCRA also includes adverse actions taken against you. What is an adverse action as defined by FCRA?
The term “adverse action” includes several different actions that can be taken against you by a bank or lender, including the denial of a loan application, revocation of a line of credit, or changes in terms of a loan that are less favorable to you.
While the FCRA’s primary application is in consumer credit and financing, its provisions also touch upon other areas of your life. These provisions can include your relationship with your employer if you are presently employed.
If you are not employed or are looking for work, it can also touch upon your relationship with a potential employer.
The FCRA regulates how consumer credit information is collected, reported, and disseminated to others and provides protections to consumers whose data is unfairly reported or used. These protections can include financial penalties for those who willfully.
What Is an Adverse Action Notice?
What is an adverse action notice in the context of the employment relationship? An adverse action notice is a notification from your employer or potential employer that they have taken an adverse employment action against you due to something discovered in your credit report or background investigation.
Your employer should promptly provide you with an adverse action notice following the adverse employment action. The notice you receive should be oral as well as in a written format. The written notice can be sent in a letter or electronic communication such as an email.
The critical part is receiving the notification in multiple ways, including some tangible format.
In addition to the notification that a potential employer took adverse employment action against you, you should also receive a copy of the credit report that your employer utilized in making its employment decision.
If the employer utilized more than one report to arrive at its decision, a copy of each report should be made available. These reports are to be given to you at no cost.
Finally, an adverse action notice should include a copy of your rights under the FCRA. This list of rights explains the protections offered by the FCRA to dispute inaccurate information you might find in your credit report.
What Is Required on an Adverse Action Notice?
Absent the FCRA, employers who took adverse employment actions against employees would be free to craft whatever notice they desired. If this were permitted, some notices would not be helpful to aggrieved employees and applicants, leaving them in the dark about why the employer did not hire them, demoted them, or fired them.
Worse still, inadequate notices would provide employees with little helpful information.
Thankfully for employees, the FCRA governs what is required on an adverse action notice. These requirements include:
Oral NotIfication of Adverse Employment Action
When your employer makes an adverse decision regarding your job application or employment, the employer must provide you with oral notification. This oral notification is your initial notification that your employer has taken some adverse employment action against you because of something in your credit report.
While the content of this oral notification can be simple, it should provide information about the nature of the adverse action taken against you. When you receive verbal notification, you should expect that you will soon receive a more formal, written notification as well.
Written Notification in an Adverse Action Letter

You may ask, “What is an adverse action letter?” Simply put, an adverse action letter is a formal, written notification from your employer that they have taken some action regarding your application or employment based on something in your credit report.
The requirement that this is in writing is satisfied whether your employer delivers it to you in a letter or an electronic format.
When you receive this written notification, you should review it carefully as it will contain information about the decision and what you can do next. It should detail what your employer did and why your employer took that action against you.
The letter should specifically identify the information in your credit report that it used in making its decision.
This written notification should be accompanied by a free copy of the credit report that your employer used. It is equally important that you review this credit report, especially if you believe the information your employer used is inaccurate or incomplete.
You should also be provided with information about your right to dispute inaccurate information or appeal the decision made against you.
What Is an Example of Adverse Action?
Multiple circumstances serve to answer the question, “What is an example of adverse action?” under the FCRA. Generally, an adverse action is a negative employment action taken against you by an employer or potential employer based on information in your credit report. Common examples include demotion and termination of employment.
Pre-Employment Adverse Actions
A potential employer may take an FCRA adverse action against you even before you are hired. Many employers require potential employees to participate in background checks or credit checks as part of the hiring process. The employer reserves the right to rescind any offer of employment based on the results of such background checks.
Requesting background checks or credit reports as a condition of employment is especially common in career fields requiring access to sensitive information or financial resources. Those in the financial and legal industries, as well as government officers and officials, will commonly encounter this requirement.
When an employer reviews your credit report or background check, they may decline to offer you the job for which you applied. Instead, the employer may provide you with a less desirable position that does not offer the compensation you initially sought. The employer may also decline to extend any employment offer to you.
Adverse Actions During Employment
Employers may continue to conduct periodic background checks and monitor your credit reports even after extending an offer of employment. This monitoring is more likely to occur if your job duties include access to sensitive information or if your loyalty to the company or clients could be compromised.
Terminating your employment is an obvious FCRA adverse action, but there are other steps your employer could take that are still adverse but less drastic.
These possibilities could include passing you over for a promotion for which you are otherwise qualified or demoting you to a lesser position. All of these are examples of adverse employment actions under the FCRA.
What Is an Adverse Action Process?

The FCRA protects you as an employee by requiring your employer to follow a specific process if it intends to take adverse employment action against you.
What is an adverse action process? It is the steps mandated by the FCRA that employers follow when they use a background report or credit report to make employment-related decisions.
First, when an employer considers taking adverse action against a candidate or employee because of a credit report or background check, the employer should provide a pre-adverse action notice.
As the name implies, this document gives you notice of the action contemplated by your employer, the reason for the action, a copy of the credit report or background screen used by the employer in making its decision, and your rights under the FCRA to dispute or challenge information.
The FCRA then requires that you have a reasonable amount of time to review the notice and the background or credit report.
If you discover errors in the report, you have a window of opportunity to provide accurate information to your employer. Similarly, if your report reveals unflattering information, you have a brief period within which you can give clarifying information about the situation to your employer.
The period within which you have to respond is approximately five to seven business days. Your employer should consider any information you present explaining your credit report during this period, but they are not required to change their decision.
Florida Employment Rights Firm Can Assist You
Knowing what an adverse action defined by the FCRA is and what you can do if you are subjected to such an action can be confusing. At Wenzel Fenton Cabassa, P.A., our Florida FCRA attorneys are intimately familiar with the FCRA and the rights given to employees like you.
Even if you are unsure what an adverse action is as defined by the FCRA, if you receive a pre-adverse action notice or an adverse action letter, contact us at Wenzel Fenton Cabassa, P.A. to discuss your legal rights and options.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### What Is Considered A Hostile Work Environment In Florida?
You have a right to work in a safe, healthy environment. However, the unfortunate reality is that many employees are subjected to abusive, illegal behavior in the workplace. Do you know what is considered a hostile work environment? It is important to understand what a hostile work environment is so you can know how to handle the situation and make sure your rights as an employee are protected.
 
What Is A Hostile Work Environment in Florida?
A hostile work environment is a term that describes a workplace where an employee is subject to bullying, offensive comments, discrimination, or sexual harassment that makes the worker fearful and/or intimidated to be at work because of that unwanted behavior. Workplace harassment and workplace discrimination, unfortunately, occur across industries — from hospitality and retail to information technology and healthcare, and should never be tolerated. Florida employees have the right to a safe, healthy work environment.
 
Is a Hostile Work Environment Illegal?
Many actions that constitute a hostile work environment are illegal. However, not all behaviors that occur in the workplace that are hostile or seemingly aggressive are considered to be against the law. To be able to rise to a legal claim against an employer, the behaviors and hostility that occur, such as harassment and discrimination, would need to be based on a protected class or activity under the law.
 
Laws That Provide Protection for Employees
The federal government and the state have enacted laws that protect employees from a hostile work environment. The Equal Employment Opportunity Commission (EEOC) administers federal laws that protect employees from harassment and discrimination, including:

<a”nofollow” href=”https://www.eeoc.gov/laws/statutes/titlevii.cfm” rel=”nofollow”>Title VII of the Civil Rights Act
Age Discrimination in Employment Act (ADEA)
Americans with Disabilities Act (ADA)

The Florida Civil Rights Act also protects Florida employees. When these laws are violated, the employee should contact an employment and labor law attorney to determine their best legal course of action moving forward. One or more of these laws could support a claim. It depends on the particulars of your situation.
 
Examples of a Hostile Work Environment
A hostile work environment can be created by a supervisor or manager as well as a co-worker, a client or customer, a vendor, or a contractor.
Some examples include:

Name-calling, such as racial epithets or other offensive language
Unwanted touching /sexual advances
Verbal or physical threats
Ridiculing or bullying
Displaying offensive photographs or sending offensive emails or texts

Unlawful workplace harassment and workplace discrimination that create a hostile work environment may be due to:

Sex, Gender, Race, or Age
Religious Affiliation
Disability
Pregnancy
Whistleblowing
Sexual Harassment
Workers’ Compensation Claim Filing

If you have been dealing with a hostile work environment, know that you do not deserve it and that you have legal rights that protect you from this illegal behavior. It’s not only about your rights — it’s about your wellbeing, your career, and your future.
Do I Need a Lawyer?
If you have been the target of harassment and/or discrimination due to your sex, age, race, religion, disability, or other protected classes/situations, a hostile work environment lawyer will fight hard for your rights to a safe, healthy work environment. They also work diligently to hold companies who allow this to happen accountable for their actions. Depending on the situation, you may be able to sue your employer.
When you file a suit claiming a hostile work environment and establish liability on the part of the employer, the resolution to your case can include:

Reinstatement to your job if you have been fired
Back pay related to termination, demotion, being passed over for promotion, or other retaliation
Other monetary damages related to the hostile work environment or retaliation

A hostile work environment lawyer acts as your legal advocate every step of the way. At Wenzel Fenton Cabassa, P.A., we understand how difficult it is to have to deal with harassment or discrimination and want you to know that you shouldn’t have to go through this alone. We can help.
If you are not sure if you have a case, it is important to consult with an attorney. We offer free, confidential case evaluations to discuss the details of your situation.
 
What Else Do I Need to Know?
Your hostile work environment lawyer will work closely with you each step of the way. From legal documents and filings with the EEOC to standing up to harassers, our attorneys have the experience and skill to tackle high-powered employers and handle the complexities of the legal processes.
An important action you can personally take is to gather all documentation you may have that would be relevant to your case, such as:

offensive or abusive emails,
threatening texts and voicemails, and
notes from the harasser that contains inappropriate language

Do you have personal documentation related to what happened? If you don’t feel like you have very much, you should still consult with an attorney – you may still have a legitimate case.
If you are currently being harassed or discriminated against at work, know that you have legal rights. You also have the right to make a complaint to your human resources department. Document any behavior that you believe may be illegal with details of what happened, including when, where, and if there were any witnesses. This type of documentation can be very helpful in proving your case.
 
Get Legal Representation
If you are dealing with a hostile work environment in Florida, contact us today to set up a free, confidential case evaluation. We are dedicated to helping Florida employees and are here for you to secure justice on your behalf. With extensive skill sets and experience in negotiations, filing processes, and litigation, we help employees make great decisions that impact their personal lives, careers, and financial security. It’s time to take action today.
For your convenience, we have offices in Tampa, Orlando, Miami, Sarasota, St. Petersburg, West Palm Beach, and Jacksonville.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What is Considered FMLA Harassment?
The Family and Medical Leave Act (FMLA) protects workers across the country. Unfortunately, not all employers abide by it. Do you know what is considered FMLA harassment? There are multiple ways that a bullying employer can harass an employee.
If you believe you are dealing with FMLA harassment, an employment law attorney can help.
FMLA Basics
The federal government agency which administers the Family and Medical Leave Act (FMLA) is the Department of Labor. Per their website, “The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.”
The FMLA provides eligible employees twelve workweeks of leave in a 12-month period. It does not all have to be taken at once. To be eligible for the FMLA, you have to have:

worked for the company for a total of 12 months,
worked at least 1,250 hours over the previous 12 months, and
worked at a location within the U.S (or its territories) where at least 50 of its employees are employed within 75 miles

Many employers take actions that violate the rights of eligible employees that amount to FMLA harassment.
Examples of FMLA Harassment
Employers hold a lot of power against their employees and sometimes wield it in the form of FMLA harassment. They may resent you and retaliate against you for taking time off or may be doing something that is a violation of employment law to save money or increase their profits. There are many signs of FMLA harassment – some more subtle and some more overt. You just have to know how to recognize them.
Here are some examples that may constitute FMLA harassment:
Situation #1

Your boss assigns you a full-time workload on a part-time schedule. You are unable to complete the increased workload. They fire you for not being able to complete the work.

Situation #2

When you come back to work after taking time off to take care of a sick loved one or to have a baby, you are demoted to a lower-level position.

Situation #3

You are told that you are no longer eligible for a promotion that you are qualified for according to the parameters/qualifications of the job.

Situation #4

Your boss gives you additional duties that you did not have prior to taking FMLA, such as requiring you to lift items of 50 lbs. or more.

Situation #5

Your employer places you in a new position after you come back to work and has given you a reduction in pay.

Situation #6

You are being prevented from working on key accounts, with certain clients, or have had responsibilities taken away that were previously a part of your position.

Situation #7
You are given the “mommy track” or “daddy track” and/or treated differently from your co-workers or being harassed for having a child or taking care of a sick or injured loved one.
These seven situations occur across industries and at all levels of employment. This list is not all-encompassing but gives you a good idea of what could be considered FMLA harassment. Whether you work in a blue-collar job or a white-collar job, FMLA harassment can happen to you – but it should never be tolerated, and employers should be held responsible for their illegal actions.
If you suspect FMLA harassment at work, contact an employee rights attorney to discuss the details of your case to determine your best legal action moving forward.
How Do I Report a Violation of FMLA?
When employers hold FMLA against you, there are steps you can take to resolve and recover from this type of employee rights violation.
There are a couple of options to report an FMLA violation. This includes directly filing a report with the Department of Labor or filing a private lawsuit. An employment law attorney will analyze your situation and advise you on the best way to handle it.
Whether you file a direct report with the Department of Labor or decide to file a lawsuit, the documentation should be comprehensive to make your case of FMLA harassment as strong as possible. Some of the documentation that is typically used in these types of cases include:

Employment agreements or contracts – particularly those that contain language referencing medical leave or family leave
Employee records that include schedules and attendance
Employee records that contain job titles, job descriptions, and any changes in duties
Documentation of oral or written harassment such as voicemails, emails, memorandums, texts, or similar information
Witness statements including those from co-workers, supervisors, and human resources
Various relevant documentation and evidence helpful to your case

The materials, documentation, and composition of your report are all critical to the success of your case. That is why it is recommended to work with a legal expert in the field of employment law.
There are statutes of limitations to file FMLA harassment, so it is important to not delay contacting an employee rights attorney.
Wenzel Fenton Cabassa, P.A. – Fighting for the Rights of Employees Across Florida
We care about Florida workers and their families and fight aggressively for your employee rights. The situations detailing what is considered FMLA harassment, unfortunately, happens all too often. It is our job to fight for your employee rights, and at Wenzel Fenton Cabassa, P.A., we work diligently every step of the way to help you and your family get through this difficult time — propelling you forward into a better future.
If you believe you have been the subject of FMLA harassment, contact our office today to set up a free, confidential case evaluation. Our firm has deep expertise and experience helping thousands of employees across the state of Florida.
With offices in Tampa, St. Petersburg, Sarasota, Orlando, Miami, Jacksonville, and West Palm Beach, we are here for you.
You deserve an employment law attorney who will stand up for the rights of employees, holding employers accountable for FMLA harassment.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What is Considered Retaliation in the Workplace?
When a company or person is doing something that is against the law at work it sometimes gets reported. In some instances, the whistleblower is blamed and treated unfairly – resulting in the whistleblower feeling intimidated and recanting their story.
This intimidation is illegal. It is workplace retaliation.
If you are dealing with retaliation in the workplace and considering working with a workplace retaliation attorney, here  are the key elements of your whistleblower claim, and depending on the law you are relying on to provide whistleblower protections there may be additional requirements:
Important Points in a Workplace Retaliation Complaint
A complaint was made.
 You must have officially made a complaint or participated in a charge, complaint, lawsuit, or investigation. Telling a friend or loved one about the incident does not count as a formal complaint or filing. The employer needs to know about the incident.
The employer knew it was you.
 At some point you will need to establish that the employer knew you engaged in the protected activity of blowing the whistle because you will have to show that the fact you engaged in this activity was the reason the employer took adverse action. The employer may make logical deductions even if the complaint was filed anonymously. Regardless, whether you filed your complaint anonymously or not, experiencing retaliation for blowing the whistle is against the law.
An adverse employment action occurred.
 Leaving you out of Friday after-hour drink invitations is not considered an adverse employment action unless it involves clients and in some way limits your work success. On the other hand, if they fire you (without cause), demote you, tell you that you are no longer eligible for a raise or advancement, strip away benefits from you, or any other negative employment action, like taking away a lucrative client, this may constitute workplace retaliation.
That adverse action was due to the whistleblowing.
 It may not be considered retaliation if the negative action taken by the company was due to another reason. For instance, if you are perpetually late, being a whistleblower does not protect you from adverse employment actions due to your lack of punctuality.
Whistleblowing is Important – and Protected
The reason why workplace retaliation is taken so seriously is that without people willing to address injustices and report violations of laws and statutes, those very laws are hard to enforce. Whistleblowers safeguard the system, but when someone’s employment is threatened, it’s difficult to do the right thing.
That’s why it’s incredibly important to speak to a workplace retaliation attorney. Our attorneys can help you understand your rights in this situation. At Wenzel Fenton Cabassa, P.A. we only represent employees because workplace justice is important to us.
If you’re not sure whether you’re ready for an attorney or if you need one, contact our office today. You may be unsure about your attorney needs but know that your employer isn’t.  Our tenacious workplace retaliation attorneys have helped thousands of people, speaking up for them when they felt like their voice was lost.
Want to learn more about retaliation in the workplace? Download our free eBook below.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### What is Considered Sexual Harassment in the Workplace?
No employee should ever have to endure sexual harassment. But if you believe it may have happened to you, it is critical to understand what is considered sexual harassment in the workplace, your employee rights, and what you can do to stop it.
What is Sexual Harassment in the Workplace?
According to the Equal Employment Opportunity Commission (EEOC), sexual harassment in the workplace is when an applicant or employee is harassed because of that person’s sex. Harassment can include:

“Sexual harassment” or unwelcome sexual advances.
Requests for sexual favors.
Other verbal or physical harassment of a sexual nature.

These actions become illegal when it is so frequent or severe that it creates a hostile work environment or results in an adverse employment decision (such as the victim being fired or demoted).
Am I Being Sexually Harassed at Work?
Sexual harassment at work can occur in multiple ways, including:

Verbal sexual harassment
Sexual harassment through digital communication, including social media
Non-verbal sexual harassment, including gestures and behavior
Physical sexual harassment

Additionally, the harassment does not necessarily have to be sexual; it can include offensive remarks about a person’s sex. Harassers are more frequently men, but they can be women too. They may also be of the same sex.
It is important to note that employment law does not prohibit offhand comments, simple teasing, or isolated incidents of a sexual nature that may be offensive. These still may be unwanted, but they are not necessarily illegal.
Federal and state laws, such as Title VII of the Civil Rights Act and the Florida Civil Rights Act, provide protections against workplace sexual harassment, including a wide variety of actions.
Types of Workplace Sexual Harassment Behavior
Sexual harassment in the workplace includes behaviors in all the categories listed above. It is common for the harasser to be in a position of power, such as a supervisor or manager. Still, harassment can be perpetrated by a co-worker/colleague, a business client, a contractor, or a customer.
Types of workplace sexual harassment behavior can include:

Whistling, catcalls, sexual comments about physique or clothes
Telling sexual stories or jokes; spreading rumors in the workplace about an employee’s personal sex life
Sending links to sexually suggestive websites or sending pictures or videos of a sexual nature
Repeatedly asking an uninterested person out on social media or spreading lies on social media about their sex life, partners, or sexual behaviors
Making sexual gestures toward a person with hands, face, or other body parts
Performing harassing or intimidating behavior such as following, blocking a person’s path, looking a person up and down, staring, or suggestively touching oneself in front of a person

This list represents the varying types of behavior that could be considered sexual harassment, but it is not comprehensive. Employees are also protected against related types of behaviors under employment law. If you believe you have been subject to sexual harassment, speak with an employee rights attorney to determine if you have a claim against your employer.
How Do I File a Claim of Workplace Sexual Harassment?
A claim can be filed with the EEOC or filed under the Florida Civil Rights Act. If filed with the EEOC, a charge of discrimination is signed asserting that an employer, union, or labor organization engaged in employment discrimination. This statement requests EEOC to take remedial action and hold your employer accountable for violations of the law.
Submitting a thorough claim is key. The information that may be utilized in a workplace sexual harassment claim includes:

Dates and times of the incidents.
The names of those involved, including any witnesses.
Written requests for the perpetrator to cease sexual harassment.
Any records related to incident escalation to a supervisor or HR.

Filing can be executed online at the EEOC portal or at a local EEOC office. However, you do not need to navigate this process alone. Your employment attorney can take the lead, prepare the charge and file it for you. You do not need to go to the EEOC before seeking legal counsel. IN fact, it is recommended that you seek counsel, someone to advocate for you throughout the process. Once it is filed, if you and the employer agree, the claim may go to mediation to determine a voluntary settlement. If there is not an agreement., it will go to the investigation phase.
Investigations can take up to months and months but your case can often be settled in mediation in a much shorter time, or through direct negotiations between your counsel and the Employer or its counsel. A sexual harassment attorney is highly skilled in mediation and works exclusively on the employee’s behalf. If the claim is not settled and there is no determination within 180 days of filing, you may elect to pursue your claims through a lawsuit against the Employer. .
When filing a claim, attorneys can work to attain:

compensatory damages,
back pay,
reinstatement to your job if you were fired,
emotional damages,
“front pay” (what you would have earned if you were not fired), and
punitive damages for particularly egregious claims.

Are there Statutes of Limitations to Filing a Sexual Harassment Claim?
Yes. Like other employee rights cases, it is critical to be expedient in filing a claim before the statute of limitations expires. Florida state law allows an employee to file an egregious sexual harassment claim with the EEOC for a maximum of 300 days after the sexual harassment occurred. If a claim is filed under the Florida Civil Rights Act, the state will give you 365 days.
The sooner to claim is filed, the better. Documentation and the statements of potential witnesses can be much more difficult to obtain over an extended period.
When To Contact a Workplace Discrimination Attorney
If you believe you have a case of sexual harassment in the workplace, contact a Florida workplace discrimination attorney as soon as possible. Employees have a right to a safe, harassment-free work environment, and your attorney fights hard for your rights immediately – and each step of the way.
We listen closely and understand the complexity and sensitivity involved in these types of discrimination cases. We are here for you.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### What Is Employment Discrimination?
Employment discrimination is a major employee rights issue in Florida and all over the United States. It happens across industries and at all levels of professional experience.
Were you passed up for a promotion due to your age or race?
Are you not making the same rate of pay as your colleagues due to your gender?
Among many, these are common forms of employment discrimination that employees face on a daily basis. Employment lawyers fight for the rights of employees every day to hold employers accountable, seek justice, and get the lives and careers of those who have been discriminated against back on track.
What is employment discrimination? Wondering what are the different forms? Information is power for Florida employees.
ABOUT EMPLOYMENT DISCRIMINATION
Employment discrimination occurs when a job applicant or employee is treated unfavorably due to a protected category listed by the U.S. Equal Employment Opportunity Commission (EEOC). Most employers that have at least 15 employees (20 for age discrimination) are covered by different EEOC laws including:

Title VII of the Civil Rights Act of 1964 (Title VII)
The Equal Pay Act of 1963 (EPA)
The Age Discrimination in Employment Act of 1967 (ADEA)
Title I of the Americans with Disabilities Act of 1990 (ADA)
The Genetic Information Nondiscrimination Act of 2008 (GINA)

These laws make it illegal to discriminate against an employee due to the corresponding factors. These laws, as well as state laws like the Florida Civil Rights Act of 1992, protect workers from discrimination and are used to stop the illegal practice and behaviors and pursue justice.
FORMS OF EMPLOYMENT DISCRIMINATION
Employment discrimination, unfortunately, comes in many forms.
Although there are some laws in place protecting employees from such acts, there are certain employers who are not as confined as others to meet these requirements. State laws and federal lawshave been created to prohibit discrimination in the workplace and serve to protect employees by creating “protected” categories to which an employer must adhere. Here are the forms of employment discrimination:

Gender/Sex
Race/Color
Ethnicity/Nation of Origin
Pregnancy
Religion/Creed
Political Affiliation
Disability/Medical Condition
Age (40 years old or above)
Marital Status

An employer is prohibited by law to discriminate against an employee based off any of these categories.
EXAMPLES OF EMPLOYMENT DISCRIMINATION
Different types of actions and behaviors are protected against by the EEOC and federal and states laws. These can include:
Harassment — abusive or offensive language or actions due to gender, race, sexual orientation, age, or another protected status
Unfair Treatment — a broad category that can include not receiving a promotion, receiving less pay for equal work, required work outside of the scope of your position (ex: heavy lifting), or other types of unfair treatment due to religion, disability/medical condition, or gender identity, or another protected status
Improper Disclosure of Information or Questions — in regards to medical information or genetic information
Retaliation — an action taken against a person (such as being fired, demoted, etc.) after a complaint of employee discrimination or being part of an investigation, proceeding or lawsuit
Denial of a Legal Workplace Accommodation — an example of this could be a need for a change due to a disability or religious affiliation
Have you been sexually harassed at work? Were you fired after filing a complaint of race discrimination? Both of these are examples of types of employment discrimination that are against the law and should never be tolerated.
 
EEOC Complaint Statistics
In 2017, the EEOC received tens of thousands of complaints in multiple categories of discrimination in the workplace. The top five categories of complaints were:

Retaliation: 41,097
Race: 28,528
Disability: 26,838
Sex: 25,605
Age: 18,376

These statistics represent 2017 only! Thousands of other complaints were filed in other categories as well. Suffice it to say — know that you are not alone in experiencing harassment and other types of discrimination. There are many others just like you who took action to hold employers accountable, fight for justice, and make the offenders stop their unlawful behavior. You have legal rights.
PROTECT YOURSELF AGAINST WORKPLACE DISCRIMINATION
Many times, the burden of proof is placed on the employee to prove that discrimination actually took place. Therefore, it is essential that all events are documented accurately and comprehensively.
If you believe you are experiencing workplace discrimination, be sure to save and provide as much evidence as possible, such as:

Emails
Text messages
Job Evaluations

A journal, documenting the events with specific dates, times, those involved and any witnesses

Recordings – audio or video

The information that you gather can be reviewed and used by an attorney to assist in proving your discrimination case. Depending on the particular circumstances, an employment law attorney will utilize the documentation to help you potentially:

Get a job reinstatement with the same salary and benefits
Receive back pay
Receive monetary damages due to the employment discrimination
Receive additional compensatory damages

When faced with possible discrimination, such as being terminated due to your sexual orientation or age, the best advice is to contact an attorney and see if you have a viable case. An employment law attorney can assist in determining if the action was taken due to a legitimate business decision or due to discrimination.
WHY CONSULT WITH AN EMPLOYMENT LAW ATTORNEY
Due to the complexities of employment law, it is important to consult with an attorney that has extensive expertise and experience to determine the appropriate way to proceed for the best possible outcome. There are a number of legal options and trying to proceed without an attorney is not recommended. Employers typically have dedicated lawyers (or teams of lawyers) and you have the right to legal representation to fight for your rights and pursue justice due to discrimination in the workplace.
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When private negotiation, mediation, and arbitration are not effective, we are trial lawyers — we do not hesitate to try our cases.
If you feel you have fallen victim to employment discrimination, contact Wenzel Fenton Cabassa P.A.for your free, confidential case evaluation. We have helped thousands of others just like you, and you don’t have to go through this alone.
Other employment discrimination articles:
Guide to Understanding Employment Discrimination
6 Florida Employment Discrimination Laws You Need to Know
3 Things You Need to Prove Your Employment Discrimination Case
Employment Discrimination: Are You Part of a Protected Group?
3 Examples of Common Employment Discrimination that Might Surprise You

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What is FMLA Fitness-for-Duty Certification?
Leave from work may be taken and protected by the Family & Medical Leave Act by eligible employees who work for covered companies their own “serious health condition” or that of an immediate family member, in addition to other reasons such as adoption or care for a newborn. When the employee is the one with a concerning health issue, the employer can require that an FMLA fitness-for-duty certification is presented before s/he can return to work. If your employer has required this of you there are a few very important points you need to understand.
What is FMLA Fitness-for-Duty Certification?
In the case of an employee’s serious health condition, it is incumbent upon the employer to advise the employee that the leave is Family & Medical Leave Act-qualifying and to give notice of this designation. When this designation is delivered, the employer must also advise if a fitness-for-duty certification is required before the employee can return to work.
The employee has the same obligations to participate and cooperate in the fitness-for-duty certification process as in the initial certification process. The costs for this certification fall on the employee.
If the employer has designated essential job functions for the employee’s position, the employer can require that the certification addresses those essential job functions. The employer may contact the employee’s healthcare provider for points of clarification on the certification but the communications with the health care provider must be limited to an authentication of the opinion or clarification and should not delve into the details of the qualifying condition and treatment without the consent of the employee. During this process/communication with the healthcare provider, the employer cannot keep the employee from returning to work.
Healthcare providers can be, but are not limited to:

Anyone authorized to practice medicine or surgery in the state the employee works
Clinical psychologist
Optometrist
Nurse practitioner
Physician’s assistant
Dentist
Nurse-midwife

When an FMLA Fitness-for-Duty Certification Is Violating the Law
The employer must advise the employee (in writing) that a fitness-for-duty certification is required to return to work when the employer originally designates the time as leave qualifying for protection under the Family & Medical Leave Act. An employer cannot decide it’s needed after the employee returns to work.
Fitness-for-duty certifications must be part of your employer’s uniformly-applied policy. They are not at (legal) liberty to request one from one employee and not from another similarly-situated employee. An employee cannot be fired denied rights to be restored to an equivalent position while the employer waits for the certification or communication from a healthcare provider.
The fitness-for-duty certifications are only applicable to the serious health condition that caused the employee to take FMLA leave.
Unlike the initial certification process for FMLA leave, under the FMLA, the employer cannot require second or third opinions. The employer may delay return to work only if the employee refuses to turn in a fitness-for-duty-certification, or if the healthcare provider deems the employee is not fit for return. A second or even third opinion may be an option of the underlying medical condition also qualifies as a disability and the employer requests another opinion in compliance with requirements under the Americans with Disabilities Act.
A fitness-for-duty certification is not required when an employee returns to an intermittent or reduced-leave schedule. However, if “reasonable safety” is a concern, the employer can request an evaluation up to once every 30 days. Reasonable safety includes the employee’s safety and that of those around him/her.

If your employer is questioning your FMLA fitness-for-duty certification, or if you were required to provide one but an employee in a similar situation was not, consult with a Tampa employment attorney at Wenzel Fenton Cabassa, P.A. Your initial case evaluation is free. Call today or check out the resources at www.wenzelfenton.com.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What is Retaliation in the Workplace?
There are times when you know you have to take a stand – when you have to do something because it’s right. It’s disheartening when people do the right thing and are not rewarded. Instead, they are maligned, harassed, or even fired.
If you have recently taken a stand involving your employer and feel you’ve suffered adverse employment consequences, you may be dealing with retaliation in the workplace. Here’s what you need to know.
Retaliation in the Workplace Explained
Retaliation in the workplace means you were a victim of an adverse employment action because you were involved in a protected activity. A protected activity is dependent on the law in question that governs it.
For instance, some laws require reporting the violation to an agency before it is considered “protected.” Meaning, telling HR about the violation would not be considered protected activity. Some states also have “play fair” laws, which require employees to tell the employer of the wrongdoing so that it has an opportunity to address the issue.
Doing so can leave an employee open to retaliation since it requires you to report it to the employer before going to an agency to file a complaint.
Retaliation is proven in four ways:

There must be documentation that you participated in a protected activity. It is difficult if you did so anonymously.
The employer must know you did or assume you participated in the protected activity.
You suffered an adverse employment action (such as firing, demotion, or ineligibility for promotion).
Your protected activity caused your adverse employment action (If you were written up and fired because you are always late, for example, this is not covered under retaliation even if you performed a protected activity.)

What Types of Retaliation Claims Are There?
Employee retaliation cases can arise from laws such as Title VII, the Age Discrimination Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Florida Civil Rights Act (FCRA), the Occupational Health and Safety Act (OSHA) and the Sarbanes-Oxley Act. Some of the most common include reporting:

Sexual harassment
Employment discrimination
Workers’ compensation violations
Fraud
Public health and safety concerns

The last two are referred to specifically as whistleblower cases.
Documenting Your Employee Retaliation Case
The most valuable thing you can do if you’ve recently partaken in a protected activity is to keep a journal of communications and other details. It’s difficult to understand at the time what will be valuable to a retaliation claim and what won’t so capture anything that appears to be a negative action. You should also make notes of everyone involved in the communications in case it’s needed.
Is All Activity Protected Under Workplace Retaliation?
No. Just because your employer may be doing illegal things does not mean you have full reign to do whatever you want. For instance, if an argument that gets out of hand with a manager you are alleging behaved inappropriately, workplace retaliation laws will not protect you if you decided to assault the person physically. Workplace retaliation laws protect you from adverse employment actions, not employee misconduct.
At Wenzel Fenton Cabassa, P.A. we work to protect employee rights. If you believe you were retaliated against because you reported a violation of the law, consult one of our employment rights attorneys. The first case evaluation is free and it’s always confidential.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What is the Difference Between Short-Term Disability and FMLA?
Americans have issues taking days off. In fact, studies show that less than half of workers end up using all 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 time off (PTO), some laborers don’t feel entitled to short-term disability or family medical leave.
Do you have all the facts about these two types of medical leave or even know the difference between them? What you don’t know may hurt you or your family. It’s time to get informed.
Here’s your guide to the difference between short-term disability and FMLA.
What is Short-Term Disability and FMLA?
Understand the key differences between Short-Term Disability (STD) and the Family Medical Leave Act (FMLA) to navigate your rights during personal or family health issues.
What is Short-Term Disability (STD)?
Short-Term Disability (STD) serves as a financial buffer, providing a portion of an employee’s income during a temporary leave of absence necessitated by a personal health condition, such as an injury or illness. This type of leave is particularly designed for situations where an employee is unable to perform their job role due to these health issues. Unlike FMLA, STD does not guarantee job protection, meaning that while an employee can receive a portion of their income, their position might not be held for them during their absence.
What is the Family Medical Leave Act (FMLA)?
The Family Medical Leave Act (FMLA) covers a broader spectrum of leave scenarios. FMLA encompasses not only personal medical conditions but also extends to family-related leaves. This includes but is not limited to, caring for a family member with a serious health condition, maternity leave, paternity leave, or making arrangements for a child’s adoption or foster care. Unlike STD, FMLA provides unpaid, job-protected leave, ensuring an employee can return to their position following the period of leave.
Who Can Use Short-Term Disability vs FMLA
Determine when to use Short-Term Disability (STD) vs the Family Medical Leave Act (FMLA) based on your employment status and the nature of your health circumstances.
Eligibility for STD
Short-Term Disability (STD): Eligibility is often contingent on an employee’s full-time status and sometimes a specified period of employment with the company, typically requiring a doctor-certified personal injury or illness to qualify. While the exact criteria can vary, it is generally determined by one’s employer.
Some employers might require an employee to have worked for at least 90 days before becoming eligible for STD benefits. Furthermore, non-exempt employees may need to wait for a period of 7 to 14 days post-illness or injury before they can claim short-term disability.
Eligibility for FMLA
Family Medical Leave Act (FMLA): The Family Medical Leave Act (FMLA) stipulates certain eligibility criteria to ensure job-protected leave for employees during significant life events. To be eligible for FMLA, an individual must have been employed with their company for at least 12 months and have worked a minimum of 1,250 hours within that timeframe. These criteria make FMLA particularly suitable for long-term employees.
Moreover, FMLA extends its coverage to employers with 50 or more employees within a 75-mile radius, making this provision applicable to a broad spectrum of workers and organizations. The scope of FMLA encompasses various scenarios such as maternity or paternity leave, caring for a family member with serious health conditions, or tending to personal health issues.
The provision of up to 12 weeks of unpaid, job-protected leave under FMLA is consistent with the average length of postpartum job absence, making it a vital resource for new parents among other employees facing family or personal medical exigencies.
When to Choose Short-Term Disability vs FMLA
Determine when to use Short-Term Disability (STD) vs the Family Medical Leave Act (FMLA) based on your employment status and the nature of your health circumstances.

Feature
FMLA
Short-Term Disability

Type of Leave
Unpaid Leave
Paid Leave

Job Protection
Yes
No

Duration
12 Weeks
Up to 26 Weeks

Employer Size Requirement
50+ Employees
Varies by Employer

Eligibility Requirements
12 months/1,250 hours worked
Varies by Employer

Documentation
FMLA & Healthcare Forms
Medical Certification

Coverage
Family & Personal Health
Personal Health

State Laws
Federal 
Varies by State

Waiting Period
None
7-14 Days

Interaction with Other Benefits
Can be Concurrent/Sequential
Can be Concurrent/Sequential

When to Use Short-Term Disability
Short-Term Disability (STD) is suitable for individuals requiring income support during a temporary leave due to personal health conditions. Eligibility usually depends on full-time employment, often with a minimum tenure of 90 days with the employer. If the employer offers a coverage plan, choosing STD can provide a portion of the employee’s salary during the leave.
The duration of STD benefits can extend up to 26 weeks, depending on the employer’s policy, offering a longer leave period for those requiring substantial recovery time compared to the 12 weeks typically provided under FMLA.
When to Use FMLA
FMLA stands as a viable option for long-term employees navigating personal or family health dilemmas. Eligibility for FMLA mandates a minimum of 12 months of employment or 1,250 worked hours within the company. Unlike STD, FMLA secures job protection despite offering unpaid leave, thus ensuring an employee’s position remains intact upon return. The provision of up to 12 weeks of unpaid, job-protected leave under FMLA aligns well with common scenarios such as maternity leave.
While STD provides a portion of income during a temporary health-related absence, it doesn’t guarantee job protection, which FMLA does. Conversely, FMLA, although unpaid, grants a longer leave duration of up to 12 weeks, making it a preferable choice for those facing extended family care needs or personal health issues that require a longer recovery period.
Employer Size Consideration
For those employed in a company with fewer than 50 employees, FMLA protections may not be available. In such cases, exploring state-specific family and medical leave laws is crucial, as some states have enacted laws that extend similar protections to employees of smaller companies. Moreover, STD might present a better option in these circumstances, especially if the state laws or employer policies provide favorable terms.
How to Claim Short-Term Disability and FMLA?

To claim Short-Term Disability or Family Medical Leave Act benefits, notify your employer about your situation, provide the required medical documentation, and complete the necessary claim forms, adhering to your employer’s policies and the guidelines set by law.
Steps to Claim STD
Claiming Short-term Disability (STD) often entails a waiting period of 7 to 14 days post-illness or injury. Employees might also need to exhaust all sick time and/or Paid Time Off (PTO) before qualifying. The claiming process typically involves several steps:

Notification: Notify your employer as soon as possible about your need for short-term disability leave.
Medical Certification: Obtain a medical certification from a healthcare provider documenting your condition and the estimated duration of your disability.
Claim Form Submission: Fill out a claim form, which may be provided by your employer or the insurance company. This may include a Social Security Administration disabilities form, submission, and medical certification.
Employer Verification: Your employer may need to complete a section of the claim form verifying your employment and earnings.
Insurance Company Review: The insurance company will review your claim, which may include verifying the information with your healthcare provider and employer.
Claim Approval: Upon approval, benefits typically begin after the waiting period, and the duration of benefits can range from a few weeks up to 26 weeks, depending on the policy.

In some instances, an additional medical insurance form may be required to qualify for compensation. It’s also important to note that the specifics of the claiming process and the required documentation may vary depending on the employer and the insurance provider.
Steps to Claim FMLA
Claiming FMLA involves a systematic documentation process to validate the necessity and eligibility for the leave. The process includes several steps to ensure all required information is accurately provided:

Notification: Inform your employer about your need for FMLA leave as soon as possible, adhering to your company’s specific notification policies.
FMLA Eligibility Form: Obtain and fill out an FMLA eligibility form, which can be provided by your employer or found on the Department of Labor’s website. This form is crucial for establishing your eligibility based on employment tenure and the nature of the health or family circumstances.
Healthcare Certification: Secure a healthcare certification form from a healthcare provider documenting the medical condition or family health issue necessitating the leave. This form should be submitted alongside the FMLA eligibility form to your employer.
Employer Verification: Your employer may have a process for verifying the information provided, ensuring it complies with the FMLA requirements.
Additional Documentation (if applicable): Military members or individuals with special circumstances may need to provide additional documentation. This could include supplemental forms providing further information regarding the military member’s deployment, injury, or illness.
Submission: Ensure all forms and necessary documentation are submitted to your employer within the stipulated timelines. Keeping a copy of all submitted documents for your records is advisable.

It’s essential to maintain clear communication with your employer throughout the process and adhere to any additional requirements or guidelines specified by your employer or state law regarding FMLA leave.
Contact an Employment & Labor Law Attorney in Florida
Do you believe you were unlawfully denied family medical leave or wrongfully terminated based on your absence? Contact the FMLA lawyers and wrongful termination lawyers at Wenzel Fenton Cabassa, P.A., for a free case evaluation regarding your FMLA rights.
Learn more about your rights under the FMLA. Download our free eBook below.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What Is the Fair Credit Reporting Act?
When making a hiring decision, it’s standard practice for employers to consider the information they’ve received from an employee background check. The information in these reports can be quite sensitive, and under the Fair Credit Reporting Act (15 U.S.C. § 1681) (“FCRA”), employers are required to adhere to stringent employee notification rules to comply with the act. For employees and job seekers, it’s important that they know their rights under the FCRA in case they feel that they were denied a job, disciplined, or even fired due to the information found in these reports.
The FCRA and Consumer Reporting Agencies
The FCRA is a federal law enforced by the Federal Trade Commission and the Consumer Financial Protection Bureau. It was originally passed in 1970 (and expanded in 1996 to include other reports, including background checks) to “protect consumers [and employees] from the willful and/or negligent inclusion of inaccurate information in their credit reports.” In addition, it was designed to encourage the accuracy, fairness, and privacy of consumer (and employee) information.
The FCRA regulates consumer reporting agencies (CRAs), which collect and provide information about consumers, those who use consumer reports (for example, employers), and those who furnish consumer information (for example, debt collectors). This information is not just used for credit evaluation but also for checking on a criminal background to help employers make employment decisions.
This information is shared by CRAs in credit reports or consumer reports as they are sometimes known. These reports typically include:

the amount of credit you have and have available,
how much credit you’re using,
whether you make your payments on time, and
whether a bill collector is collecting on money you owe

In addition, credit reports may also contain rent payment information, if you are a renter and public records that detail your financial obligations and status, such as bankruptcies.
Beyond financial information, background checks can also include information on your driving record, employment history, criminal record, drug test results, and other documents that detail your history. Like credit reports, background checks are also regulated by the FCRA and are considered a consumer report. Employers use criminal background checks to evaluate whether a job applicant’s or employee’s past arrest or criminal record will have a bearing on the job they’ve applied for.

Fair Credit Reporting Act Compliance
Compliance with the Fair Credit Reporting Act is the responsibility of both the employer and the CRA that carries out the screening. Under the FCRA, employers must do the following if they choose to utilize a CRA to generate background checks to screen employees or job applicants:

Obtain your written permission to perform the background check using an authorization form which meets the strict requirements of the Act.
Provide a written disclosure for how they want to use your credit report, which includes a release of liability.
Not misuse your information. For example, employers can only use your information for employment purposes, including appointments, hiring, promotion, retention, or transfers.
Provide you with a copy of the credit report they are using as a basis for their decision, a Pre-Adverse Action Notice and Summary of Rights if they fire you or decide not to hire you based on the background report.
Give you the chance to dispute the information in your credit report before they make a final adverse decision. This is referred to as the “pre-adverse notice” under the FCRA, and employees are given a reasonable amount of time to contest the report (typically five business days) before they receive an “adverse action notice.”

 
Employee Rights Under the Fair Credit Reporting Act
With the exception of some restrictions tied to medical and genetic information, it’s not illegal for employers to ask questions regarding a job applicant’s or employee’s background or to conduct a background check. However, if an employer uses this information as part of an employment decision, they must act in accordance with federal laws that protect job applicants and employees from discrimination. Consequently, if you are a job applicant or employee, you are granted the following rights under the FCRA when you receive an adverse action notice:

You must be notified if the information in your file has been used against you (and given the name, address, and phone number of the agency that provided the information).
You have a right to know what’s in your file.
You have a right to dispute incomplete or inaccurate information (and the agency must investigate the information, if you report it to them).
You may seek damages from those who violate the FCRA.
CRAs must correct or delete inaccurate, incomplete, or unverifiable information (typically within 30 days).
You have the right to ask for your credit score.

Why You May Need Legal Representation
In recent years, employers have increasingly violated the FCRA (for example, there were 416 lawsuits filed in January 2017 alone), particularly due to failure to obtain employee consent, not utilizing a legal form for consent, not engaging in the adverse decision process, and for using outdated notice forms.
In fact, in 2014, a class action lawsuit was filed in Florida against three national employers—Panera, AMC, and Nine West Holdings—that failed to obtain valid background check consent from job applicants during the online application process.
In addition, a Florida man recently brought a class-action lawsuit against UPS for not providing the results of background checks to job applicants, and another was filed against Whole Foods for performing illegal background checks on job applicants and employees.
If you feel as though your rights have been violated under the terms of the FCRA, you should consider contacting an experienced employment law attorney. It’s against the law to be fired, retaliated against, or not hired because an employer did not comply with the guidelines established by the FCRA. If a violation did occur, you may be able to recover actual or statutory damages, attorney’s fee, court costs, and punitive damages, if it was a willful violation.
Under the statute of limitations, FCRA lawsuits have to be filed within two years of the plaintiff discovering a violation or five years after the violation occurred.
Employers are required to be FCRA compliant, and there are also a number of Florida statutes that protect employees and job applicants. We at Wenzel Fenton Cabassa, P.A., can answer all of your questions regarding employee and applicant rights. Contact us today for your free case evaluation.
Other FCRA and workplace retaliation articles:

What the Fair Credit Reporting Act (FCRA) Means for You
What are the Statutes of Limitation on FCRA Violations
Retaliation in the Workplace: What You Need to Know
How to Handle Workplace Retaliation
3 Ways to Document Workplace Retaliation

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What Is the Fair Labor Standards Act - and Why Should I Care?
Many laws exist to protect employees, including the Fair Labor Standards Act. You may not think about employee rights very often – but violations occur in Florida and across the United States more frequently than you may know. Employers take actions that affect workers’ lives – and livelihoods – which is why the Fair Labor Standards Act and other federal and state employment laws are on the books.
What Is the Fair Labor Standards Act?
The Fair Labor Standards Act is a United States labor law that “establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.”
What Is The Purpose Of The Fair Labor Standards Act?

Administered by the Wage and Hour Division at the U.S. Department of Labor, the federal Fair Labor Standards Act (FLSA) serves as powerful legislation to ensure workers across industries and the country are paid what they are lawfully owed.
The FLSA also restricts child labor, protecting young people in Florida and beyond from getting taken advantage of by employers. It has the most extensive child labor provisions of any state or federal law. The FLSA sets the minimum age of employment at 14, but it does restrict the number of hours and days the minor can work, which is intended to allow young people the time to go to school and get an education.
If employers violate the Fair Labor Standards Act, they can be held accountable for their unlawful actions. Employee rights lawyers represent employees in various cases, including not paying minimum wage, not paying overtime for legitimate time worked over a 40-hour workweek, and violations of child labor law.
When Was the Fair Labor Standards Act Established?
The Fair Labor Standards Act was established more than eighty years ago. Legislators were focused on employee rights all the way back in the last century.
Officially, the law is called the Fair Labor Standards Act of 1938, and it is still in effect to this day.
Who is Exempt from the Fair Labor Standards Act (FLSA)?
Not everyone who works in the United States is covered under the Fair Labor Standards Act. Some individuals are considered “exempt” and are not protected by the law. There are two categories of exempt workers:

 individuals exempt from both minimum wage and overtime, and
 individuals exempt from overtime only.

One condition of exempt workers is that they must be paid at least $23,600 annually. Additionally, many of these workers that would be considered exempt would be paid on a salary basis. Certain duties are detailed in the regulations of the Fair Labor Standards Act. Those in leadership positions are often exempt from the FLSA.
Additionally, employers who use no (or little) outside labor are typically exempt from following the FLSA. Other examples of exempt employees include independent contractors, airline employees, and companions to the elderly.
Problems arise when employers misclassify workers as exempt, which is not uncommon. If you feel you have been misclassified by a company you work for and face issues covered by the FLSA, you should consult with an employee rights attorney.
Current FLSA Laws You Need to Know
Employees across Florida and the U.S. need to be aware of the FLSA. The legislation has specific language around several issues relevant to workers that are protected under the act.
Specifics of the FLSA include:

The definition of a 40-hour workweek. If individuals who are not exempt from the FLSA work beyond that in a particular week, they are lawfully due overtime pay.
A federal standard for minimum wage. The federal minimum wage is currently $7.25/hour. However, the State of Florida’s minimum wage is $10.00/hour ($6.98 for tipped employees). Even though workers are guaranteed a minimum wage as determined by the federal government, employees in Florida are entitled to the current state minimum wage.
Restrictions on child labor. Individuals under the age of 18 are not allowed to have jobs that are considered hazardous. Fourteen and fifteen-year-old employees are permitted to work only three hours per day on a school day and no more than 18 hours per week when school is in session. Seventeen and eighteen-year-olds can work an unlimited number of hours in a non-hazardous job.
Recordkeeping requirements. For each worker that is defined as an employee, employers are mandated to document time and pay. Independent contractors are not included in this law.

Violations of the Fair Labor Standards Act are considered very serious under the law. First, as a general rule, employers that classify an employee as exempt when they are not considered exempt under the law must reimburse the employee for lost income due to the misclassification.
Second, the employer may be subject to criminal prosecution. They may also face penalties and fines up to $10,000 or $1,000 for each violation. This amount will depend on the “willfulness” of the violation.
When an employment lawyer gets a case of suspected misclassification of an employee as exempt, they will perform a thorough investigation to determine what occurred. Depending on the situation, the employee may be entitled to significant compensation.
What to Do If Your FLSA Rights are Violated in Florida
If you believe your rights under the Fair Labor Standards Act have been violated, know that there are legitimate options that hold employers accountable.
Whether they haven’t been paying you at least minimum wage, have misclassified you as exempt, or have neglected to pay you overtime when you have worked more than forty hours in a workweek, an employee rights attorney can help.
Wenzel Fenton Cabassa, P.A. cares deeply about employee rights and has helped thousands of people across the state when their rights have been violated. Our employment lawyers have the experience and expertise you need to make a strong case.
Contact us today for a free, confidential case evaluation. We have multiple locations across Florida, including Tampa, Orlando, Miami, Sarasota, St. Petersburg, Jacksonville, and West Palm Beach.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What Is the Florida Reemployment Assistance Program?
In 2012, Florida became the first state to rebrand its Unemployment Compensation Benefits Program as the Reemployment Assistance Program. And with it (in 2011) came a more stringent unemployment compensation policy: the number of weeks claimants could collect benefits was reduced, they were required to complete a research skills test, and they had to file their claim on a new unemployment benefits website (the option of filing by phone was eliminated).
In addition, once claimants qualified for benefits, they were required to provide comprehensive documentation of their weekly job-search activity.
That said, the goal of the Florida Department of Economic Opportunity (DEO), which administers the program, is to emphasize the importance of the job search and the services the agency offers. The program was designed to disburse temporary and partial wage replacement for qualified workers who have become unemployed through no fault of their own.
Who Qualifies for Unemployment Benefits?
Under the Florida Reemployment Assistance Program, you must meet the following criteria to qualify for unemployment benefits:

Partially or fully unemployed and lost your job through no fault of your own. This includes being laid off; fired for not being efficient, for good faith errors in judgment, for carelessness, or for performance issues; quitting your job due to personal illness/disability or because your spouse has been transferred for military duties. However, you cannot be fired due to malicious misconduct or quit for personal reasons.
Earned the required minimum amount of wages during your base period, which is the first four of the five calendar quarters prior to filing your Florida unemployment benefits claim. This includes earning wages in at least two of the four quarters of the base period, earning $3,400 or more during the entire base period, and your earnings during the entire base period must be at least one and a half times that of your earnings during your highest paid quarter.
Able, available, and ready to work. In addition, you must be actively looking for work and document your efforts for the DEO.

How Do You File for Unemployment Benefits?
To receive unemployment benefits in a timely manner, you must file your unemployment benefits claim within a week of becoming unemployed. However, before you file for unemployment in Florida, you should gather the following information to support your claim (more information is available in the DEO CONNECT Claimant Guide):

Your Social Security number
Your driver’s license, state ID number, or voter registration number
Record of your employment during the past 18 months, including:

Name, address, and phone number for each employer
Dates you worked for each employer
Gross earnings (before taxes are taken out) for each employer
Reason for separation from your job
Federal Employer Identification Number (found on any of your W2 or 1099 tax forms). If you can’t find the FEIN, you may use your employer details from a recent pay stub

Gross earnings for the current week (the first week you are claiming unemployment)
A check or deposit slip, if you want your benefits deposited directly into your bank account.

Once you’ve gathered this information, you can apply for benefits on the DEO’s CONNECT website. The application process generally takes between 30 and 60 minutes, and you must finish within 72 hours or you will have to start the process over again.
It’s imperative that the information you submit is accurate and truthful. If not, you may be denied benefits or even prosecuted under Florida law.
Once you have submitted your claim, you will receive a confirmation notice. When you receive it, you will be asked to take a skills test to determine your strengths and weaknesses and help with your job search. If you do not receive a confirmation notice, you may call the Claims Assistance Center at 1-800-204-2418.
If you require assistance to file your claim or don’t have access to a computer, you should visit your nearest CareerSource location for help. If your claim is accepted, you should receive your first payment three to four weeks later.
CONTACT US IF YOU HAVE EXPERIENCED WRONGFUL TERMINATION
Because we are a contingency law firm, we do not offer representation for unemployment claims – nonetheless, the information we have provided, including our free ebook on wrongful termination, should assist you in filing.  However, if your unemployment situation is a result of wrongful termination, unemployment compensation may not be your only recourse. Contact our law firm to discuss your employment law situation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What Is Wage Theft in Florida?
Employees trust their employers to pay them fairly for the work they perform, but many employers take advantage and commit wage theft by failing to pay their workers as they should.
Wage theft is a significant problem, with wage theft statistics indicating an alarming need to correct this issue. In the last few years alone, more than $3 billion has been recovered in unpaid wages for workers across the country.
What Is Wage Theft?
Many have heard of this before, but what is wage theft?
Wage theft is any instance where your employer fails to pay you fairly for your work. Examples include:

Failing to pay you fairly for your work
Not paying you minimum wage
Not providing overtime pay
Requiring work that is performed off the clock

You should speak to a skilled employment lawyer if you believe your employer has committed wage theft. An attorney can determine whether your employer’s actions constitute wage theft and discuss your legal options.
Examples of Wage Theft
Wage theft can take on many shapes. Some of the most common examples of wage theft include the following.
Not Paying for All Hours Worked
Your employer must pay you for all your work, regardless of the time you perform it.
Many times, employers think they can get away with not paying employees before or after their shift is over. For example, if you arrive early at the office and begin performing work duties half an hour before you are scheduled to start working, you are entitled to receive payment for this work.
If you notice your employer is not paying you what you are owed for the time you have worked, this could be considered wage theft.
Paying Less than the Legal Minimum Wage
Employers must pay their employees minimum wage based on where they are located. There is a federal minimum wage set at $7.25 an hour, but Florida has its minimum wage of $10 an hour.
Employees in Florida must receive at least $10 an hour for their work. An exception exists, however, for tipped employees.
If you are a tipped employee, your employer must pay you at least $6.98 with the premise you will receive at least $3.02 in tips to make up the difference. Your employer must pay the difference if you do not make at least $10 an hour.
If your employer is paying you less than minimum wage, that is illegal and a clear indication of wage theft.
Failing to Pay for Overtime Work
Employees who work overtime deserve overtime pay. Florida does not have a law for overtime pay, so employers must follow federal law. Employees working more than 40 hours a week are entitled to time-and-a-half pay.
For example, if you make $15 an hour, your time and a half wage would be $22.50. So if you work 10 hours of overtime, you are entitled to receive $225 for the additional work.
Some workers, including salaried administrative employees and outside salespeople, are exempt from overtime pay.
If you are not an exempt employee and you work overtime without time-and-a-half pay, your employer is committing wage theft.
Requiring Work Performed Off the Clock
Employers are not allowed to require employees to work off the clock. If your employer asks you to perform any type of work duty, they must do so with the intention of paying you for it.
Misclassifying Employees
Employers might try to misclassify their employees to avoid paying them what they are entitled to receive.
For example, your employer may misclassify you as an exempt employee, so they do not have to pay you for overtime work. Not only is this wrong, but it is also considered wage theft.
Who Can File a Wage Theft Claim in Florida?
An employee whose employer is committing wage theft can file a wage theft claim in Florida.
Before taking action to pursue your unpaid wages, you must notify your employer of your intention to take legal action. If your employer does not correct the problem, you can proceed with taking action.
If you are wondering how to file a wage claim, it is best to discuss your situation with an experienced Florida employment attorney.
What to Do If You Are a Victim of Wage Theft
If you believe you are a victim of wage theft, completing the following steps can help protect your rights and allow you to pursue unpaid wages.
Collect Evidence
Once you suspect your employer of committing wage theft, you should begin gathering helpful evidence. Evidence can include your pay stubs, employment contract, and communications with your employer.
Relevant evidence can significantly strengthen your claim.
Notify Your Employer
Provide your employer with written notice of your intention to take action for your unpaid wages. Your employer has 15 days to pay your unpaid wages, and if they fail to do so, you can proceed with a wage theft claim.
Consult with an Employment Lawyer
Ideally, you should discuss your wage theft case with an employment attorney as soon as you are able. A lawyer can review your situation and determine how best to handle your wage theft claim.
You can either file a claim with the Department of Labor or file a lawsuit for your unpaid wages. An employment lawyer can decide how to proceed to help you pursue the wages you are owed.
Ready to Discuss Your Case with a Florida Employment Attorney?
Wenzel Fenton Cabassa, P.A., has decades of experience helping wronged employees. We understand the severity of wage theft cases and how these situations can affect a person’s life and livelihood. We use our knowledge, experience, and resources to help get our clients the compensation they need.
Contact our office today to schedule a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What Is Workers' Compensation Retaliation?
Florida’s workers’ compensation laws are a lifeline for injured workers. When you suffer an injury while on the job, workers’ compensation benefits ensure your medical bills are paid. If you are going to work for a while, these benefits also pay some portion of wages to blunt any financial burden of your injury.
Workers’ compensation laws are beneficial to employers as well. These laws prevent employees from filing suit against their employer for most workplace accidents, thereby insulating employers from costly and time-consuming litigation.
Florida requires most employers to carry workers’ compensation insurance to pay the claims of employees who become injured or sick while working. As is true with any insurance, the premiums for this required coverage can increase as the number of workers’ compensation claims increases.
Whether your employer is upset with paying higher premiums or unhappy for some other reason, they may attempt to retaliate against you for applying for or receiving workers’ compensation benefits. This retaliation is illegal and can subject your employer to liability for damages and penalties.
Proving unlawful retaliation is often complicated, but hiring an experienced and knowledgeable Florida employment law attorney can help prove your case. It is critical, though, to know when you are facing unlawful retaliation and what to do once you believe it is happening.
What Are Signs of Workplace Retaliation?
Workers’ compensation retaliation and general workplace retaliation share many characteristics. Both types of retaliation involve experiencing negative consequences or repercussions in the workplace, especially after filing a workers’ compensation claim. These negative actions may be either formal or informal.
Unlawful workplace retaliation will often occur with little or no rational explanation. It may appear that your employer was satisfied with your job performance one day and then inexplicably dissatisfied the next. When you approach your employer about the situation, they may deny any issue.

Not only this, but a hostile attitude from your employer will often accompany unlawful workers’ compensation retaliation and other illegal retaliation. Your employer may be unavailable to discuss your concerns or may blame you for workplace problems.
While there may be a rational explanation for these behaviors, if they appear to be unsupported by any such explanation, retaliation may be the cause.
An obvious sign of potential retaliation is a sudden and unexpected termination from your workplace. If you show up for work and are told that your employment is over, retaliation may be the case if there is no other apparent reason for the termination. A sudden termination is even more suspicious if preceded by an exemplary work record.
Retaliation is not always as drastic as termination, though. Any adverse treatment at work by your management or supervisors could be a form of retaliation if there is no lawful reason for the treatment.
Demotions, less-desirable assignments and schedules, denial of promotions, and exclusion from company events are examples of potential retaliatory activities.
Workplace Retaliation Examples
Suppose you have suffered a workplace injury and collected workers’ compensation benefits for a few weeks. Once you heal and your doctor clears you to resume your duties, you schedule your return date with your employer.
However, when you show up for work, your employer informs you that you are being terminated. The lack of a valid reason for this sudden termination suggests that this might be retaliation for filing a workers’ compensation claim.
Other examples include:

Termination of your position or demotion without cause
Performance evaluations that suddenly turn negative
Denials of promotions and pay increases

Suppose your employer does not terminate you but informs you upon your return that you are being reassigned to a different position.
Your employer may legitimately do this if you have work restrictions that prevent you from doing your previous tasks. But if there is no reason and the new position pays less than your previous one, this demotion could be fueled by retaliatory intent.
Even receiving poor treatment can be an example of unlawful retaliation. If you are excluded from work-related activities or have unflattering nicknames made up about you, you may be the victim of workplace retaliation.
Can You Be Terminated While on Workers’ Comp in Florida?
It is illegal for your employer to terminate your employment in retaliation for filing a workers’ compensation claim. Similarly, your employer may not end your career because you receive workers’ compensation. However, you can still be fired while receiving workers’ compensation benefits.
Florida is an at-will employment state. At-will means that your employer may terminate you as an employee at any time and without prior notice. There are only a few limitations on why an employer may remove you, such as the prohibition against firing you for filing a workers’ comp claim or for receiving benefits.
There are legitimate reasons why your employer may terminate your employment, even after you have applied for workers’ comp and begun receiving benefits. For example, if you violated company policy in any way, either before, during, or after your workplace accident, your employer may discipline you for such violation.
Your employer may also terminate your employment even while receiving workers’ compensation payments if your employer initially hired you to perform a specific job and you cannot return to this job due to your injuries and limitations. This limitation would cause your employer to terminate the employment relationship.
Knowing whether you were terminated for a lawful reason or your employer fired you because you sought workers’ compensation benefits can be challenging. Savvy employers would never admit outright that they fired you because of your workers’ comp claim, so proving that you were unlawfully terminated is difficult.
A detail-oriented employment law attorney can request documents and records as well as depose witnesses who can shed light on the actual reason for your termination.
What to Do if You’re Retaliated Against for Workers’ Compensation
If you suspect that you are the victim of retaliation for filing a workers’ compensation claim, you must take action sooner rather than later. Florida and federal laws give you several options to seek redress in workers’ compensation retaliation cases, but these options decrease in number the longer you wait.
First, you should approach your company’s human resources (HR) department and formally report the treatment you are experiencing. Even if you do not believe your HR department will do anything, filing a complaint and documenting the problematic behavior is still important.
The complaint should detail the treatment you have endured, specify when such conduct occurred, and identify the individuals involved in the behavior. The more details you can provide, the stronger case for unlawful retaliation you may have against your employer if they ignore your complaint.

Sometimes, the HR department can address the situation with your employer. But do not be discouraged if HR takes no action on your formal complaint. Inaction can speak volumes to a judge or jury about your employer’s motivation.
Next, consider filing a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC workers’ compensation retaliation solutions can include attempting to negotiate workers’ comp retaliation settlements between you, your employer, and those directly responsible for the retaliatory actions against you.
Last, you may file a lawsuit against your employer in court and ask for monetary damages. These damages could help compensate you for payment you did not receive, including increased pay you would have or should have earned. Punitive damages might be an option if your employer’s conduct in retaliating against you is especially egregious.
The Florida workers’ compensation retaliation statute of limitations is four years from the date of the retaliatory action. Your case needs to be filed before this statute of limitations expires. Because of this, and the investigation necessary to bring a lawsuit is intensive, you should speak with your Florida employment law attorney as soon as possible.
Your attorney can advise whether it makes sense to file a lawsuit and what compensation you might receive if your case succeeds.
How Do You Win a Retaliation Claim?
Filing a workers’ compensation retaliation claim against your employer is one thing, but it is much more challenging to succeed in your case in court. The law places the burden on you, the plaintiff, to produce evidence and witnesses that show it is more likely true than not that you suffered unlawful retaliation.
Documents and records will form a significant part of your case’s evidence. Internal memos, text messages, phone records, and other communications might show your employer or management discussing your workers’ compensation claim and their feelings about it.
Such evidence can lead to a strong inference that whatever disciplinary action or negative outcome you experienced was due to a retaliatory motive.
Your employment record will also be critical evidence for your case. With this information in hand, the judge or jury hearing your case can see whether you had any disciplinary problems before your workplace injury and what issues were noted after you filed for workers’ compensation.
A complete absence of disciplinary problems before or after you filed your workers’ comp claim can help prove your unlawful retaliation claim. A lack of noted disciplinary issues can make it difficult for your employer to justify your termination or take disciplinary action against you.
Finally, your case may benefit from the testimony of coworkers, supervisors, and upper management. This testimony can either corroborate your claims of unlawful retaliation or expose contradictory or nonsensical explanations offered by your employer for the actions taken against you.
All of this evidence and information may seem overwhelming to gather and present. For most individuals acting on their own, this is true — finding these witnesses and evidence and using them effectively in court is daunting, if not impossible. This evidence is another way a qualified employment law attorney can help you.
Attorneys to Protect Your Rights After Workers’ Compensation Retaliation in Florida
In cases of workers’ compensation retaliation, Florida law gives employees rights that protect them against unlawful retaliation. Exercising these rights and holding employers accountable through EEOC complaints and civil lawsuits is made significantly more manageable with the help of a knowledgeable Florida workers’ compensation lawyer.
Your lawyer can investigate your case, advise you on the best course of action to assert your rights, and dramatically increase the likelihood of achieving a successful outcome.
Wenzel Fenton Cabassa, P.A. has represented aggrieved workers who have faced unlawful workers’ comp retaliation since the 1990s. Our firm is well-equipped with the resources and knowledge to handle your claim professionally, and we are committed to helping you obtain justice against illegal employment practices.
Contact us today and enlist our assistance in your workers’ compensation retaliation case.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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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 termination; being passed over for promotions; withholding favorable accounts, training, group work, etc.) which occurs for any of the following reasons:

Discrimination, may or may not contribute to a hostile work environment
Whistleblowing, also known as reporting your company for illegal actions or fraud
Unpaid overtime or unpaid wages, including being transferred to another department without receiving commission owed or being shortchanged because of an incorrect calculation in overtime
Existing wage and hour disputes or recently paid out disputes

If you are wondering whether you are a victim of discrimination, look for these signs.
In addition to guarding against discrimination, employers are required by law to provide a safe environment for employees. Employees should not feel harassed, nor should they be forced to endure a hostile work environment. If you feel this is not the case with your place of employment, you do not need to suffer in silence.
What Should I do if I’m being Discriminated Against?
Although the law is clear on the protected classes and the unacceptable discrimination, the burden of proof falls on the employee. Because of this you’ll want to:

Review the events surrounding the employment action and gather up documentation to support your claims. These could include emails, notes on conversations, recordings, texts, and/or journal entries. Include the dates and times of each event as well as the people involved.
If you’re still employed, talk to your manager or Human Resources (HR) representative about your concerns and try their recommendations on how to alleviate the problem first.
If they are unable to resolve the issue, or if you have already been terminated, gather your documentation, including your conversations with HR and/or your manager, and consult with an attorney specializing in employment law.

Timing is Critical in Workplace Discrimination Cases
Timing plays a big role in employment discrimination cases. You have 365 days after the last “adverse employment action” to pursue a claim under Florida Law. (300 days by federal law.)
Before pursuing a claim, you have to file with the Equal Employment Opportunity Commission (EEOC) and/or the Florida Commission on Human Relations (FCHR). In Florida, there is a “workshare agreement” between the federal EEOC and the state FCHR, meaning a claim filed in one is generally accepted to be filed in both.
The commission will then investigate the allegations in the charge and may issue a right-to-sue letter. This typically takes 180 days but there is no reason to go through this process alone.
If you feel you’ve been wrongfully terminated, or have questions regarding your employment rights, contact Wenzel Fenton Cabassa, P.A. today to schedule your free case evaluation at 813-579-2483.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### What is Wrongful Termination?
You have lost your job. It does not seem fair. But is it illegal? That depends on the situation. It is illegal if it is considered to be a “wrongful termination.”
What is Considered Wrongful Termination in the State of Florida?
Wrongful termination, which is another way of referring to an illegal termination, may occur even in an “at-will” state. Wrongful termination occurs when an employer fires you in violation of specific protections under federal, state or local employment law.
Can you sue for wrongful termination in Florida? Yes. But how do you know when you have a case in an “at-will” state?
Certainly, your rights in an “at-will” state like Florida can be confusing.
“At will” means an employer can terminate employment for any reason — or none at all — except for cases involving contracts (written or implied), a protected class, protected activity, or approved leave. The details can be tricky without a legal background. So if there is any doubt as to whether you were covered under these protections, read below and then consult an attorney:
What is Considered Wrongful Termination?
DISCRIMINATION
Generally, if your company employs 15 or more employees, you cannot be fired for a discriminatory reason, including those based on:

Pregnancy
Sex and Gender (including transgender)
Race or national origin
Age (20 or more employees)
Disability
Religion

The number of employees required to trigger protection may be less than 15 if you are employed in an area subject to less restrictive local ordinances. Workplace discrimination can cause emotional stress, loss of focus, and a drop in job performance. It is a serious matter. It can also cause harm to your career, your financial future and affect your family too.
RETALIATION
When discussing “What is Wrongful Termination?” – we must also address the subject of retaliation. In addition to the types of discrimination described above, there are also particular activities for which you cannot be fired in retaliation, which include:

Whistleblowing
Complaining about sexual harassment or a hostile work environment
Seeking workers’ compensation benefits
Complaining about discrimination
Pursuing unpaid overtime or unpaid wages

Cases of retaliation occur more than many people think. They are equally serious and should be pursued with the help of an employment law expert.
UNPAID LEAVE
The ability to take approved unpaid leave is an important protection that many individuals and families across Florida need. Employers cannot terminate you because you have taken or are entitled to take approved leave due to:

Military service
Jury duty
Approved FMLA

Employees have powerful protections for unpaid leave. Your job should be secure when you have approved leave due to service in the military, jury duty, or approved FMLA leave to have a baby or take care of a sick or injured loved one.
Whether a wrongful termination is due to discrimination, retaliation, or unpaid leave issues, you have a right to seek justice, and that may include filing a lawsuit.. When you speak with an attorney, they will review and analyze the details of the case to help you determine if your firing could have been illegal and protected under employment laws.
Employment laws that cover employees include Title VII of the Civil Rights Act (Title VII), Pregnancy Discrimination Act of 1978, Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), and the Florida Civil Rights Act.
I THINK I HAVE A WRONGFUL TERMINATION CASE. NOW WHAT?
If you believe you have a case for wrongful termination, it is time to gather your proof. You have the power to take action.
GATHER AS MUCH FROM YOUR EMPLOYER AS POSSIBLE
Notes on the events surrounding your termination, your personnel file, conversations about why the dismissal took place, the contact information of employees involved in the termination or similar circumstances, work commendations, texts, emails, and letters may all become important to prove your case.
Gather as much as you can that could be relevant to the adverse action taken by your employer. Even if you are unsure if you have enough documentation, it is critical to move forward. You may have more than you think. An expert attorney in employment law will advise you regarding the viability of the case.
If there are any unpaid wages due, make that request now. If you are turned down, seek the help of a wage dispute attorney immediately.
Also, even if you were “terminated,” you may be eligible for unemployment benefits. Receiving such benefits does not affect your right to sue your former employer for wrongful termination.
We understand the importance of unemployment benefits to individuals and families across the state.
FILE WITH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)
No matter how strong your case, you often cannot file a wrongful termination suit against your employer without first filing with the EEOC and the Florida Commission on Human Rights. In Florida, you have 300 days from the alleged discriminatory event to file a charge of discrimination. An employment attorney is not required for this step, but you can be assured your former employer will have one, so there is no reason to put yourself at a disadvantage from the start. Choose an attorney skilled in EEOC mediation who offers a free case evaluation to discuss your case’s chances before wading into the EEOC process alone. The EEOC does not represent you as the Charging Party.
After the EEOC reviews your case, you will most likely be issued a “Right to Sue” letter. At this point, you will have a short 90-day deadline to file a lawsuit under many Federal laws. These deadlines can come up quickly when considering filing a case of wrongful termination against your employer. If you have not already, you should promptly consult an attorney specializing in employment law.
Contact a Wrongful Termination Attorney
Wenzel Fenton Cabassa, P.A., has handled thousands of wrongful termination cases for employees. Our tenacious employment lawyers can help you navigate the process and work aggressively for the optimum outcome for your case.
Contact us today for a free case evaluation.
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Wenzel Fenton Cabassa, P.A., has locations across the state to help employees in Tampa, Orlando, Miami, Sarasota, St. Petersburg, West Palm Beach, and Jacksonville.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What Is Your Unpaid Wage Claim in Florida Worth?
When you work, you expect to be justly compensated for your work. However, some employers feel they can get away with not paying you what you deserve to be paid, giving rise to an unpaid wages claim in Florida.
If you believe your employer owes you unpaid wages, an employment attorney can help you. You may be eligible to receive your back wages, damages, and attorney’s fees.
Do I Have an Unpaid Wage Claim?
If you perform unpaid work or are not paid at least the state minimum wage, you may have an unpaid Florida wage claim.
Unpaid wage claims arise for several reasons, but regardless of the reason, you may have a valid claim if you have not received adequate pay for your work.
In Florida, federal and state laws dictate how much employees should make. If your employer fails to pay you what you are owed or does not pay you on time, you could file an unpaid wage claim to recover your pay and even additional penalties to punish your employer.
Examples of Unpaid Wage Violations
There are several examples of unpaid wage violations, and some of the most common types are listed here.
Minimum Wage
By law, employers must pay their employees at least the minimum wage for where they are located. The federal minimum wage is $7.25, but Florida has a higher minimum wage of $10 an hour.
Employees who receive tips while working, such as servers, are legally entitled to receive less than minimum wage. However, these employees must make enough tips to cover the difference and bring their total hourly earnings to at least minimum wage.
In Florida, employers can pay tipped employees $6.98 if they make at least $3.02 in tips per hour. If they do not, the employer must pay the employee the difference.
Under Florida law, employers have 15 days after receiving a written notice to pay their employees for unpaid wages if an employee is not receiving minimum wage. If they fail to do so, the employee is entitled to bring a civil action in court for unpaid wages in Florida and other damages and attorney’s fees.
Overtime Pay
When you work overtime, you are entitled to receive extra pay for the hours worked. Florida does not have its own overtime law, so it follows federal law. Under federal law, employees who work more than 40 hours a week may receive overtime pay.
When you work overtime, your employer must pay time-and-a-half for the extra hours. So if your regular hourly wage is $10 an hour and you work an additional five hours, your employee would have to pay you an extra $75 because you would be making $15 an hour for those five hours.
It is worth noting, however, that not all employees can receive overtime pay. For example, outside salespeople and several categories of salaried employees, such as professionals and administrative employees, are not eligible for overtime pay.
Breaks and Time Off
Under federal and Florida law, there is no requirement for lunch or other breaks. However, if your employer does elect to give you a break that lasts from 5 to 20 minutes, they must pay you for this time.
Additionally, employers must pay for any time you are working, even if they consider it a break. For example, if your employer needs you to work through lunch and you eat your lunch at your desk while you work, you are entitled to receive payment for this time.
If you believe your employer owes you for unpaid wages, you may have an unpaid wages claim in Florida. An employment attorney can review the details of your situation to determine how to handle your case and help get you the wages you are owed.
Is There a Statute of Limitations to File for Owed Wages in Florida?
A statute of limitations dictates how long you have to pursue your unpaid wages in Florida.
A statute of limitations is a law that sets a strict timeline for how long a plaintiff has to file a lawsuit. If you fail to file your lawsuit within the specified time, you will forfeit your right to receive compensation.
Under the Florida unpaid wages statute, you have two years from the date the claim arose. For claims arising under the Florida Minimum Wage Act, you have four years from the date the claim arose. However, if your employer willfully violated the Florida Minimum Wage Act, you have five years to file your claim.
Discuss your situation with a Florida employment lawyer if you believe you are owed unpaid wages. The sooner you begin working on your Florida unpaid wages claim, the better.
Penalties for Unpaid Wages in Florida
Employees can file an unpaid wages claim in Florida to pursue the back wages they are owed. However, employers also face penalties for their wrongdoings.
In Florida, you are entitled to liquidated damages along with your unpaid wages for violations of the Florida Minimum Wage Act. Liquidated damages are equal to your unpaid wages. So, for example, if your employer owes you $1,000 in unpaid wages, your liquidated damages would also be $1,000.
Under federal law, you may also pursue liquidated damages equal to your award if you are pursuing unpaid overtime pay.
Your employer may also need to pay your attorney’s fees along with liquidated damages.
What to Do If You Are Owed Wages
If your employer owes you unpaid wages, you should strongly consider pursuing your back wages. To do so, you can either file a complaint with the federal Department of Labor or file a lawsuit under provisions like the Wage Theft Prevention Act.
Although you can take either route, you should speak to an employment attorney in Florida before proceeding. A lawyer can determine how best to proceed and handle your lawsuit from beginning to end.
When to Contact an Attorney
You should contact a qualified employment lawyer as soon as you notice your employer owes you unpaid pages. An attorney will review the details of your circumstances and provide valuable legal advice.
Wenzel Fenton Cabassa, P.A., is passionate about helping employees pursue justice and unpaid wages from employers. We understand how unpaid wages can negatively affect people’s lives, and we are dedicated to doing everything we can to make things right.
No matter the company’s size, we are ready to go toe to toe with your employer and get you the most favorable outcome.
Contact us today to request a free, confidential case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What Makes a Strong Retaliation Case?
Many employment law cases involve workplace retaliation. These involve negative actions taken by employers or other company leaders against an employee who is engaged in a protected activity, such as:

Whistleblowing
Reporting company policy violations
Filing for workers’ compensation
Asking for the overtime pay they earned
Talking about forming a union
Participating in an investigation
Taking leave under the Family and Medical Leave Act

However, though these claims are common, they are not simple to win, as employers often have a barrage of lawyers ready to help them fight back. As such, it becomes crucial that you put together a strong retaliation case to ensure justice is properly served. But what makes a strong retaliation case in the first place? 
Below, we will discuss various factors that can impact your case and explore some successful examples of workplace retaliation cases that can put what it takes to win into perspective.
Key Elements of a Strong Retaliation Case

As you ask yourself, “Do I have a strong retaliation case?” you first need to establish whether you meet the key elements that such a claim requires. In other words, you must be able to demonstrate the following:

You experienced harassment or discrimination in the workplace
You reported the incident
You were then demoted, fired, or otherwise punished

In workplace retaliation cases, a plaintiff’s main goal is not to show that they suffered discrimination or harassment but that they were punished for stepping forward and complaining about it. 
You must be able to show a clear link between the protected action you engaged in and the adverse actions your employer or supervisor took. Any type of retaliation case requires gathering extensive evidence that proves a causal connection.
However, adverse employment actions can vary. They can be obvious, including things such as:

Demotions
Terminations
Pay cuts
Reduction in hours
Disciplinary actions
Transfers

But there are also more subtle forms of retaliation that you can experience, which make establishing that causal connection much more complicated, such as:

Threats
Poor performance reviews
Exclusion from meetings and work events
Actions that otherwise create a hostile work environment

Timing is also a concern, as you must demonstrate that the action(s) taken against you occurred shortly after your protected activity. For instance, if you have a good work history but receive a negative review a few days after making a harassment complaint, that would provide solid grounds for a retaliation case.  
Documenting Retaliation: The Evidence You Need
Having the right evidence can make or break your retaliation case. With that in mind, you will want to gather anything demonstrating that you made a complaint and suffered for it.
These things may include the following:

Emails
Text messages
Memos
Personal notes
Journal entries

It is best to keep detailed records of demotions, pay changes, and negative performance reviews. Making a timeline that clearly states every adverse action you suffered is especially helpful. 
Additionally, if you have a good work history and have received positive reviews, you can incorporate these as part of your evidence. As mentioned earlier, a negative review immediately after a protected action can show a drastic change in treatment, pointing to retaliatory behavior. 
You can also rely on company policies and procedures. If your employer or supervisor varied from standard company behavior, that, too, could point to retaliation. In instances where you claim that your schedule has been altered or your work hours have reduced, having records of your attendance and typical schedules will also prove valuable.
Lastly, establishing a pattern of behavior could also affect your claim. If you can show that many company employees have suffered similar adverse actions after engaging in a protected activity, this can point to a pattern.
The Role of Witnesses in Proving Retaliation

Your employer's adverse action against you can often be subtle enough to come down to your word against theirs. But with witness testimonies, you can help prove your statement is true. Having someone who would not benefit from the outcome of the case vouching for you also makes it more difficult for your employer to discredit you. 
However, it can sometimes be tough to identify witnesses who will help your case. Witnesses can include supervisors, coworkers, and anyone observing retaliatory actions, but you need credible people. If a coworker, for example, has a history of lying or is someone who has had issues with the employer before, they may not be credible enough to help your case. In some instances, their testimony could even harm it. 
One of the biggest hurdles in securing witnesses for these kinds of cases is the fear they may have of also experiencing retaliation. Some witnesses will only cooperate if you can maintain their confidentiality, so you must be ready to offer that. 
Legal Standards and Burden of Proof in Retaliation Claims
Retaliation cases involving discrimination usually rely on a three-part burden-shifting framework, especially without direct evidence. 
The framework begins with the employee having the burden of proof. In other words, you’ll have to show that you suffered adverse actions in response to a protected activity you participated in. You will use the aforementioned evidence to demonstrate what the employer did. 
Circumstantial evidence, like suspicious timing or ambiguous language from your employer, is acceptable in these kinds of claims, according to the 11th Circuit Court. The court has also ruled that other information from which unlawful intent can be inferred, like seeing the systematic better treatment of other employees in similar positions, can be admitted. 
From there, the burden of proof shifts to your employer, who will have the chance to demonstrate that their actions did not have a retaliatory basis. They may, for instance, try to say that they demoted you because your job performance had dropped. 
The burden of proof shifts back to you for one last time. You will have to show that your employer’s reasons for their adverse actions are a pretext for retaliation. 
Overcoming Employer Defenses: Counteracting Common Arguments
In their attempts to win workplace retaliation cases, employers can try a number of tactics. Learn more about them and how you can counteract each one below:
Discrediting the Initial Claim
A common employer argument in a workplace retaliation case is to emphasize whether the protected activity their employee participated in was merited or not. For instance, if you suffered harassment at work and filed a claim that led to retaliation, your employer will try to prove that the harassment never occurred to begin with.
What they may not know is that it makes no difference in these cases. The focus is placed on their retaliatory action, not on whether there is enough proof to validate your initial claim.
Offering Non-Retaliatory Excuses
Another common strategy employers use is providing non-retaliatory excuses for their actions. They might claim that you deserved the adverse consequences for various reasons, such as poor work performance or company downsizing, among others. With the right evidence, you can show these arguments for what they are: excuses to cover up retaliation. 
Claiming a Standard of Behavior
You can also demonstrate that the employer's action does not follow the company standard(s) they are using as an excuse. For example, if you were fired for one instance of poor performance where others have only gotten warnings, you can show there was a retaliatory motive behind the action. 
Examples of Strong Retaliation Cases
An employee at the University of Colorado alleged that he was passed over for promotion several times because of his race. He demonstrated that his superiors recommended the promotion, yet the chair of the department and the person in charge of hiring never considered him. After this occurred a few times, he complained, resulting in his termination. Thankfully, he was able to demonstrate with email evidence, as well as with witness testimony from students, that workplace retaliation was, indeed, involved. 
Another successful example of a strong retaliation case is Hoyt v. Target Stores. Susan Hoyt worked for more than 13 years in a clerical capacity in a Target store, receiving excellent performance reviews. That is, however, until she asked for travel time, which a new supervisor denied her. The denial violated store policies, which led Hoyt to file a formal complaint. 
Afterward, the supervisor who denied her the time off began leaving negative performance reviews, escalating to the point where they accused her of falsifying her timecard records, leading to her termination. 
By using the evidence she had of all of her positive performance reviews, alongside witness testimonies, Hoyt was able to prove retaliation and win her case.
Filing a Retaliation Complaint: When, Where, and How
Beyond substantial evidence, ensuring you file a claim with the right entities is another major aspect of what makes a strong retaliation case. 
If you have experienced retaliation in violation of either Title VII (which focuses on discrimination on race, sex, color, background, and more) or the Pregnant Workers Fairness Act, you must file your claim with the EEOC. It is essential to file the charge as soon as possible because you have, in general, 180 days from the day the retaliation took place. This deadline may be extended to 300 days if the charge also is covered by a state or local anti-discrimination law.
If you work in a Florida state agency, you can also file a charge under Florida’s Whistle-blower’s Act if you have been retaliated against for revealing protected information. You must file within 60 days of the adverse action, and you can do so online. 
Regardless of the specific circumstances you are facing, the complexities of proving retaliation in the workplace make it best to have a lawyer with experience on your side. They will help you gather the appropriate evidence and file the charge on time. 
How Wenzel Fenton Cabassa, P.A., Can Support Your Retaliation Case
At Wenzel Fenton Cabassa, P.A., we offer years of experience helping the people of Florida battle workplace retaliation. Our team of lawyers is dedicated to protecting employee rights and will help you understand those rights, gather the evidence that can prove your charge, and advocate for you in court. If you have been the victim of workplace retaliation, turn to us for help today.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What rights do I have as a salaried employee?
Workers have a wide range of protections under the law. Salaried employee rights are included in legislation that holds employers accountable for violating those laws.
People work hard for their salary and should be paid appropriately.
But as a salaried employee, you may be working harder than you have to. There’s a common misconception that salaried pay covers overtime. However, this is not the case for all salaried workers, and some employers aren’t quick to set the record straight. You may or may not be exempt from the overtime laws even if you are salaried. In other words, many salaried employees are still eligible for overtime pay. Discover your rights as a salaried worker and what you can do to recover unpaid wages.
SALARIED EMPLOYEE MISCLASSIFICATIONS AND YOUR RIGHTS
There’s often pressure for exempt employees to commit to a never-ending grind. Still, under the Fair Labor Standards Act (FLSA), it’s possible that you’re not even considered a salary-exempt worker – which means you should get paid overtime.
But how do you know if you are FLSA exempt and what does that have to do with your salaried employee rights?
Nonexempt workers (another way of saying an employee is eligible for overtime pay) are typically considered hourly or low-wage workers. In some cases, employers either purposely or mistakenly misclassify a salaried worker as “exempt” or exempt from overtime. They may not be fully educated on exempt salaried employee rights or it may be an intentional decision not to pay overtime to increase their company profits.
To qualify as exempt, an employee’s position must meet certain criteria. For example, his or her salary must be equal to $455 or more per week. The employee must carry out high-level tasks that require the individual’s discretion and judgment based on the employee’s specific role in the company, including duties such as hiring, firing, promoting, and assigning work or projects.
An employee classified appropriately as exempt is usually in a management-type role, responsible for supervising at least two full-time employees, including several part-time employees whose working hours would total up to two full-time employees. Exempt employees often perform supervisory tasks, even if they are not technically labeled as a “manager,” such as training new employees, maintaining records, planning budgets, and other similar business administration-type tasks, and including work that extends past 40 hours per week without additional compensation. There is no federal law that keeps them from expecting this type of work past forty hours per week. The law simply requires that employees who are not exempt from the overtime laws be paid a premium for time worked over 40 in a workweek.
“Salary exempt” is more than just a label – it’s part of FLSA legislation that determines who does and doesn’t receive overtime pay.
WHO’S ELIGIBLE FOR OVERTIME PAY?
Currently, if you are salaried, you must make below $24,000 per year as an administrative, executive, or professional employee to qualify as a nonexempt salaried worker. That means, if you worked for more than 40 hours per week at a salary of $23,000, you’re entitled to those unpaid hours and overtime premium, an integral part of your salaried employee rights. According to the Department of Labor (DOL), those additional wages should add up to time and one-half of your regular pay rate. If your paycheck does not reflect this amount appropriately, your employer may be violating your salaried employee rights.
RECOVERING LOST WAGES: WHO CAN FILE?
Have you worked more than 40 hours per week at a salary of less than $24,000? If so, you are not exempt from salaried employee rights to overtime.
Did you inform your employer of your overtime only to receive additional pay at less than time and one-half of your regular pay? Your employer may be violating your employee rights, and you may be able to recover lost wages. Individuals, collective groups, and even independent contractors have a right to unpaid overtime wages.
Unpaid overtime wages are not uncommon in Florida and across the country. Unfortunately, many employees do not thoroughly understand their salaried employee rights and continue to require such salaried employees to work long hours without receiving overtime pay which can add up to a significant amount of lost income over time. When an employer fails to pay overtime wages as a business practice to multiple employees, this can negatively impact many families’ lives. Covered employers are legally bound by the Fair Labor Standards Act (FLSA) and should be held accountable for their actions.
If you are not exempt from overtime, your salaried employee rights to appropriate pay under the law should be upheld. An employee rights lawyer acts as your advocate to recover unpaid overtime wages and has the skills and experience to hold employers accountable.
If you believe your employer failed to pay you proper wages, then you have up to three years to file a claim under the FLSA. An experienced employment law attorney in Tampa can help you determine if your situation qualifies.
Take action on violations of your salaried employee rights and recover your unpaid overtime.
Contact Wenzel, Fenton, Cabassa, P.A. today for a free case evaluation regarding your salary hours.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### What Should You Expect from FMLA Leave
The Family & Medical Leave Act was designed to protect the jobs of eligible employees during difficult emotional times caused by their own serious health condition or that of a loved one. When you’re dealing with a grave situation, the last thing you need (or want) to worry about is your job security.
While the law is designed to protect you and other eligible parties, there are a few things you need to know about what you should expect during your FMLA leave and upon your return. After all, you don’t want any surprises. Understanding what to expect can help you recognize when something is amiss.
Before You Take FMLA Leave
There are many reasons you would go on FMLA leave. Some are planned; while some are sudden. If you are going out for planned leave as in the case of scheduled surgery, pregnancy, adoption (particularly from a foreign country when you know you’re leaving), or other known leave date, you’ll want to speak to your HR department. Some of the things you’ll discuss will be:

Whether you company requires you to use accrued paid time off to cover some or all of your FMLA leave.
Paperwork that must be filled out.
Whether your leave will be full-time or intermittent.
Whether a medical certification is required.
How benefits other than health insurance will be dealt with during leave.

Make sure if there is any paperwork to process that you do so before taking leave. You don’t want the concern of unfinished paperwork hanging over your head.
If your leave is unexpected, you are expected to contact your employer and complete any paperwork they need within a “reasonable” time. A “reasonable time” is generally thought to be a few business days, but depends largely on  circumstances that require that you take leave. Act promptly to notify your employer of the need for leave in conformance with their call-out or leave request procedures if at all possible. If you simply cannot comply with the employer’s procedures for any reason, take the steps necessary to get in touch with the employer as soon as practicable even if you need to ask a third party (such as your spouse or parent) to assist you by calling the employer.
What to Expect While You’re On FMLA Leave
Some employers require that medical leave be certified by a medical care provider. If that is the case, your employer must give you at least 15 calendar days to obtain the medical certification from your healthcare provider. Most medical professionals have experience with this form. They will not release your records. You’re confidentiality is safeguarded under the Health Insurance Portability and Accountability Act (more commonly known as HIPAA).
Your employer may also request its own medical certification with its choice of healthcare professionals. This is done at the employer’s cost. Should your provider and the employer’s choice disagree in their assessments, the employer may request a third review. This review is binding and the employee and employer must agree to the medical professional who will make the final assessment.
Your health insurance coverage must continue on the same terms as if you were at work but you will need to make arrangements for payment. Your FMLA leave is unpaid leave and unless paid leave benefits apply under another company policy, such as accrued vacation or sick pay, , it is likely that you will not be receiving a paycheck so those premiums which had been automatically deducted from your pay when you were not on leave are not being deducted. You need to make sure to make other arrangements to deliver your premium payments to the employer during your leave. Your employer’s obligation to continue your insurance stops if your premium payment is more than 30 days late. In this case you should receive a lack of payment notification when you are 15 days late advising you that your coverage will be terminated for nonpayment but don’t count on it. Many employees will not find out insurance has been cancelled until they are standing at the counter in the pharmacy waiting for the prescription to be filled.
Seniority and paid leave do not accrue while you are out on leave. Other benefits, like life insurance, are at the discretion of the employer and the employee. Some employers keep payments up so that the employee can return to the same level after leave instead of waiting again for open enrollment.
When You Return
This is probably the most shocking part for most employees. Employees expect to return back to the exact same job, at the same desk, with the same view, but the law does not ensure that. The law says you must be restored to your original job OR to an “equivalent one,” which means the same in pay, benefits, and other employment conditions. You also cannot be stripped of any benefits that you earned or were entitled to before you took leave.

If you just returned from FMLA leave in Florida and found a job wasn’t waiting for you, or you plan on taking FMLA leave soon and you have concerns about your employer or how something has been handled, consult with a Tampa employment attorney at Wenzel Fenton Cabassa, P.A. Your initial case evaluation is free. Call today at (813) 224-0431.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What the Fair Credit Reporting Act Means for You
The Fair Credit Reporting Act (FCRA) protects consumers’ and employees’ rights but few people outside of the legal profession understand what it means for them. The FCRA not only stipulates rights about credit reports but it also grants consumers and employees the ability to seek damages if their rights have been violated.
Fair Credit Reporting Act (FCRA) Protection for Employees and Applicants
The FCRA was created to assure accuracy, fairness, and privacy of credit information files. An employer may not perform a background credit check without advising the employee, or applicant, and obtaining his/her permission to do so.
Employers must also:

Explain that information contained within your credit file may be used in making employment-related decisions
Place this notice in writing in a stand-alone format, not within an employment application or contained within a larger document such as an employee handbook
Seek written consent from the employee or applicant before pulling the credit report

Can an Applicant be Turned down for Employment Based on a Credit Check?
In addition to making it clear to applicants that the information gathered can be used in employment decisions, under the FCRA employers cannot base employment decisions for either current employees, or applicants for employment, on the findings of a background credit check without first giving the individual a reasonable amount of time to review and dispute the information.
This becomes a multi-step process for employers and employees. If your employer, or potential employer, failed to follow these steps, you may be able to seek damages to cover any loss experienced from a negative employment decision.
Did Your Employer:

Notify you in writing in a document dedicated to just that topic that your employment may hinge on their findings?
Request written consent from you to pull the report?
Make you aware of any findings in your report that would negatively affect your employment?
Give you time to review and contact the various reporting services to clarify inaccurate findings prior to taking adverse actions against you?

Employers are required under the FCRA to provide what is known as a “pre-adverse notice” to those whose reports reveal information that would preclude them from employment, assignments, promotions, or make them subject to termination. This notice must be done in writing and include the contact information for the consumer reporting company, a statement that the reporting company did not make the adverse employment decision and thus cannot overturn it, a notice of your right to correct the inaccuracy, and the right to receive an additional free follow-up report in 60 days to ensure inaccuracies were addressed by the reporting company (if applicable).
 
Next Steps if Your Employer Violated the Fair Credit Reporting Act (FCRA)
If your employment has been negatively affected by misinformation on a credit report, or a potential employer didn’t follow the provisions of the FCRA, you may be eligible for compensation.
In addition to the rights protected under the FCRA, Florida has enacted several statutes to protect employees and applicants. In order to gain a better understanding of these rights and your protection under Florida law, contact a seasoned employment rights lawyer.
If your rights have been violated because an employer didn’t follow the provisions set forth by the FCRA, speak with one of our skilled employment rights attorneys at Wenzel Fenton Cabassa, P.A..
We’ll protect your rights. After all, we work for employees, not employers.
More FCRA and retaliation in the workplace articles:

What is the Fair Credit Reporting Act?
What are the Statutes of Limitation on FCRA Violations
3 Ways to Prove Workplace Retaliation
Retaliation in the Workplace: What You Need to Know





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### What to Ask for in a Discrimination Settlement
Civil rights laws developed throughout the late 20th century have significantly transformed American society. Discriminatory practices, once common, are now broadly condemned, empowering victims to initiate lawsuits against employers. Congress facilitated this shift by allowing private enforcement of civil rights, which included seeking compensation for discrimination.
Many of these cases settle before they ever reach trial. However, the key to settling a discrimination case effectively hinges on understanding its value. With this knowledge, you and your attorney can negotiate a settlement that fairly resolves your claim.
Discrimination Settlements and What You Can Ask For

Federal and state civil rights laws forbid differential treatment of workers based on protected characteristics.  These include:

Race
Color
Religion
National Origin
Genetic Information
Sex
Age
Disability

Discriminatory practices can manifest in various employment aspects, including hiring, pay, promotions, layoffs, training, fringe benefits, and job assignments.  Additionally, claims may address a “hostile work environment,” defined by ongoing severe conduct that significantly disrupts an employee’s job performance.  Single incidents or sporadic comments typically do not constitute a hostile environment.
Lawsuits begin with a complaint that describes the basis of your claim and the relief you seek. As your lawsuit proceeds, your lawyer will have many conversations with the other side about settling the case. When settling, you aim to reach an agreement where both parties make concessions.  Essential components of a discrimination settlement might include:
Monetary Compensation

Compensatory Damages:  Covers lost wages, out-of-pocket job search costs, and lost benefits.
Emotional Distress:  Compensation for quality of life deterioration due to discrimination, assessed through personal and witness testimonies.
Punitive Damages:  Aimed at punishing particularly egregious employer behavior, though rare and typically not part of settlement agreements.

Reinstatement and Employment Benefits
If desired, reinstatement to your former position or an equivalent position might be requested, along with the restoration or compensation of lost benefits. 
Policy Changes and Training
Settlements can include demands for policy adjustments or the implementation of training programs to prevent future discrimination. 
Non-Disclosure and Non-Disparagement Agreements

Non-Disclosure and Non-Disparagement Agreements can maintain public civility by preventing both parties from disclosing settlement terms or speaking negatively about each other, though they can be challenging to enforce. 
Legal Fees and Costs
The default rule in American litigation is that each party bears responsibility for their legal fees. Civil rights laws may allow recovery of court costs and attorney fees, which can be included in the settlement to preserve more of your compensation.
Neutral References
Settlement agreements can provide that your former employer will provide a prospective employer with a neutral reference, which typically only includes your dates of employment and position(s) held.
Negotiating Your Discrimination Settlement

Understanding the law and knowing your leverage is crucial. Discuss potential motivations for your employer to settle, such as minimizing negative publicity or avoiding lengthy legal proceedings. An experienced attorney will set realistic expectations with you about the possible outcomes based on the strength of your claims and available evidence.
Seeking Legal Experience in Discrimination Settlements
It’s possible to continue to experience the effects of workplace discrimination for years after the events that led to your lawsuit. Knowing what to ask for in a discrimination settlement can go a long way toward making up for the discrimination. However, addressing these effects often takes more than just money.
Wenzel Fenton Cabassa has the legal knowledge to assess the value of your case and the experience to craft a creative and fair settlement that meets your needs. Our Florida employment discrimination lawyers have represented thousands of clients and handled hundreds of trials. 
Through these cases, we have recovered over $100 million for our clients. Contact us to seek professional advice when negotiating a discrimination settlement.
 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What to Do If You Lost Your Job for Reporting Sexual Harassment
Whether you reported your own sexual harassment or that of a coworker, being fired for reporting harassment could be against the law. Retaliation in the workplace, including wrongful termination after reporting harassment, violates federal and Florida sexual harassment laws.
If you lost your job for standing up for what’s right, here are the steps you need to take to fight for your rights and seek justice.
Understanding Retaliation and Wrongful Termination
Recognizing that legal protections exist to shield employees from workplace retaliation is essential. Understanding the definitions and legal implications of retaliation and wrongful termination is crucial to determining your next course of action.
What is Retaliation?
Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity in close proximity to a protected act. In this case, reporting sexual harassment is considered a protected activity under federal laws such as Title VII of the Civil Rights Act of 1964. Retaliation can manifest in different ways, including:

Fired after reporting harassment
Demotions or pay reductions
Harassment or hostility in the workplace

What Constitutes Wrongful Termination?
Wrongful termination for reporting harassment occurs when an employee is fired for sexual harassment complaints or opposing workplace misconduct. If your dismissal was directly linked to reporting sexual harassment, your employer may have violated employment laws, and you have the right to take action.
3 Ways to Fight Back If You Were Fired for Reporting Harassment
Losing your job for reporting harassment can be overwhelming, but you have legal options to challenge this unjust action. You can protect your rights and seek justice by taking the right steps promptly. Here are three key ways to fight back against wrongful termination after reporting harassment:
1. Understand the Statute of Limitations
It may be hard to emotionally process being fired for reporting harassment, but you must act promptly. If you claim that your termination violated discrimination laws that prohibit adverse employment actions, including termination for reporting sexual harassment in the workplace, you must file a charge of discrimination with the United States Equal Employment Opportunity Commission (EEOC) and applicable state or local agencies.
Deadlines for Filing a Complaint:

Florida Commission on Human Relations (FCHR) generally gives you 300 days from the date of the alleged discriminatory action to file a charge with the Equal Employment Opportunity Commission (EEOC).
Union or Contract-Based Claims: The filing deadline may be significantly shorter if you are covered under a union contract or civil service agreement.
National Labor Relations Act (NLRA) Complaints: If you were part of a protected concerted activity, you must file within six months.

Act quickly to protect your rights and file your complaint within the statute of limitations to ensure your case is not dismissed for being filed too late.
2. Gather Documentation
To prove that you were fired for reporting harassment, you must establish a direct link between your complaint and the adverse employment action.
Evidence You Need to Collect:

Employer Awareness: Evidence that your employer was aware of your complaint before terminating you.
Termination Reasoning: Any written explanation from your employer regarding your dismissal.
Communication Records: Emails, messages, or notes that provide context about the retaliation.

3. Hire a Wrongful Termination Attorney
A retaliation attorney will help you navigate the legal system and ensure your case is handled professionally and effectively.
Why You Should Consider Hiring an Attorney
Employment laws are complex, and an attorney can help you understand your rights. Lawyers can also assist in collecting evidence and crafting a compelling argument to strengthen your case. If negotiations are necessary, your attorney can advocate for fair compensation and work toward a settlement.
How to Find the Right Attorney
To find the right attorney, start by looking for one who specializes in employment law and wrongful termination cases. Check their reviews and credentials to ensure they have a strong track record. It’s also beneficial to schedule a review of your situation, as many attorneys offer free case evaluations to help you determine the best course of action.
These steps will help you find a qualified attorney to support you through the legal process and fight for your rights.
Seek Unemployment Benefits
Losing your job unexpectedly can cause financial stress. You may be eligible for unemployment benefits, even if your employer tries to contest it.
When applying for benefits:

Be honest about the reason for termination.
Provide documentation of your wrongful termination claim.
Respond promptly to any state agency inquiries.

These steps will help protect your rights and fight against wrongful termination.
Reach Out to Support Networks
With the proper support and resources, you can fight back against wrongful termination and protect your rights in the workplace.
Wrongful Termination When Firing Is Illegal Ebook can also help you better understand the employment laws governing your position. Download it for free to gain the insights to decide your next steps and take action against unfair treatment.
You are not alone. Seek justice and hold your employer accountable.
 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What to Do When “A New Employee Is Being Paid More Than Me”
Imagine the following: During a conversation with a new hire in your department, the discussion turns to your respective salaries. To your surprise, you learn that the new employee’s starting wage is higher than what has taken you ten years to earn. 
Resentment, frustration, anger, and shock may all flood you simultaneously. You might even feel as though your employer has betrayed you. “Why is the new employee being paid more than me when I’ve been here for years?” is likely your first thought. However, you may also question the legality of your employer’s actions and what legal recourse may be available to you.
Learning of wage disparities can be unsettling, but there can be a legitimate reason behind the new employee’s greater pay rate. That said, it is vital that you understand what those permissible reasons are because pay disparity can be illegal, and should it occur, it is ultimately up to you to recognize it and take action.
The Legality of Pay Disparity

Federal and state laws, such as Title VII of 1964 (Title VII) and the Equal Pay Act (EPA), limit employers’ abilities to pay employees differently for performing the same work. For instance, an employer cannot pay two employees differently based on protected characteristics such as gender, nationality, or race. 
Nevertheless, just because a new employee is being paid more than you does not automatically mean that your employer is partaking in illegal activity. Employers can compensate new employees at higher rates than existing employees for various reasons, some of which may be specific to the employee, while others may have more to do with the pre-existing labor market.
Below is a deeper exploration of both the lawful and unlawful reasons why pay disparity might occur, as well as the legal rights you have in the case of illegal pay disparity.
What Is Salary Compression?
One reason a new employee may be getting paid more than you could be due to salary (or wage) compression, which occurs when the labor market makes hiring certain employees more expensive. In turn, it requires employers to pay a higher starting wage for new employees, who then begin work at a wage similar to or greater than the wage that current employees in the field are earning.
For example, suppose you were hired as a cashier five years ago at a then-competitive rate of $10.00 per hour. In that time, you received five performance increases of $0.25 each, resulting in a current wage of $11.25 per hour. 
However, forces in the job market outside your employer’s control, such as an increased demand for workers, are making it so that they must pay a higher wage to new hires or risk not having employees to operate their business. As such, they cannot hire a new cashier candidate for anything less than $12.00 per hour.
Other Factors Contributing to Pay Disparity
Other reasons for a pay disparity might not be readily apparent. For instance, the following aspects may apply to the new candidate:

They have extended experience in the field or relevant on-the-job training.
They possess greater formal, relevant education than other employees.
They are fluent in another language.
They have an in-demand specialization.

These factors, along with salary compression, are generally regarded as legitimate reasons for pay disparities to arise. Though it may seem unfair to you and your fellow employees, there is generally little in the way of legal recourse.
Can a Company Pay a New Employee More Without Explaining Why?
Perhaps the more prominent sticking point of pay disparities is that your employer may get away with  keeping wage negotiations confidential with new employees, most often to avoid wage disputes and having to address existing employees’ lower pay. In reality, however, employers are often powerless to stop the practice of employees discussing their wages. In fact, under the National Labor Relations Act (NLRA), employees have the right to communicate with their coworkers about their wages. If you are an employee covered by the NLRA, you may discuss wages in face-to-face conversations, over the phone, and in written messages. Policies that specifically prohibit the discussion of wages are unlawful, as are policies that discourage employees from discussing their wages.
 However, some regions of the country have enacted pay-scale disclosure laws that require transparency. For example, in Colorado and New York City there are pay scale disclosure laws requiring businesses to include the minimum and maximum pay range in their job advertisements.
Regardless of whether employers choose to openly discuss the reasons for pay disparities, they must be prepared to explain them if a lawsuit is filed against them. Employers who get it wrong may face serious consequences. 
Common Reasons Employers Give for Pay Disparity

If you believe that a new employee is being paid a wage that is similar to or, in fact, higher than yours, you might ask your employer why such an unfair distinction exists.
In response, most employers will offer one of the following reasons:

The new employee has greater experience or a unique skill.
The job market is tough, and the new employee’s higher wage was necessary to remain competitive.
The new employee’s job requires more skill, effort, and responsibility.

These reasons are generally lawful explanations as to why a new employee is receiving a higher wage than you. Still, evidence may show that another reason motivated the employer’s decision to offer the new employee a higher raise, and that may not be legal. 
When Pay Disparity Is Illegal
Your employer does not have an unlimited right to pay a new employee a higher wage than you or existing employees, even in a right-to-work state like Florida. With that said, some examples of unlawful reasons for a pay disparity that may subject an employer to legal repercussions include the following:
Discrimination Based on Protected Categories
As mentioned, Title VII forbids your employer from paying a new employee more than their existing employees based on race, national origin, religion, gender, color, ethnicity, disability, pregnancy, or any other protected classification under Title VII. Large employers who pay women and other historically marginalized groups less for the same or substantially similar work often receive a lot of media attention for these discriminatory practices.
The Equal Pay Act
The EPA protects against wage discrimination based on sex. Under the EPA, if there is an inequality in wages between people of different sexes who perform substantially equal jobs, employers must raise wages to equalize pay but may not reduce the wages of other individuals. 
Retaliation for Protected Activities
Any individual who files a charge of discrimination or an equal pay claim is protected against unlawful retaliation by their employer. This protection extends to unlawful retaliation by an employer against an individual for opposing employment practices that allegedly discriminate based on compensation or for filing a discrimination complaint, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII or the Equal Pay Act. 
Under the NLRA, when you and another employee have a conversation or communication about your pay, it is unlawful for your employer to punish or retaliate against you for having that conversation.  It is also unlawful for your employer to interrogate you about the conversation, threaten you for having it, or put you under surveillance for such conversations.  Additionally, it is unlawful for the employer to have a work rule, policy, or hiring agreement that prohibits employees from discussing their wages with each other or requires you to get the employer’s permission to have such discussions.
Collective Bargaining Agreements and Contracts
Lastly, pay discrimination is unlawful if it violates any private employment contract or agreement the employer entered into. For example, workplaces governed by a collective bargaining agreement might be limited on what wage they can offer to a new employee. Even if the employer has a legitimate reason for offering a higher wage, violating these private agreements can still subject the employer to civil penalties and damages.
Legal Recourse for Discriminatory Pay Disparity

It is doubtful that a new hire will be completely aware of the reasons why your employer agreed to pay them the wage they did or what others are paid. That said, approaching HR or management about the issue is the more appropriate first step instead of confronting the new worker about their pay rate.
Listen to their reasons for the disparity and evaluate whether they sound legal and legitimate. A legal reason is one the law recognizes as permissible, such as offering a higher wage to a better-qualified candidate. And a legitimate reason is backed up by evidence. 
Try to get any reasons offered for the pay disparity down in writing so that they can be investigated later, and make sure to do the same with any follow-up correspondence from your employer as well. Future correspondence may include summaries of your meetings or steps your employer intends to take to address the situation. For example, to substantiate an Equal Pay Act claim, there are several elements that must be met. The jobs being compared must require substantially equal skill, effort, and responsibility and be performed under similar working conditions within the same establishment.
If the given reasons for the pay disparity are not legal or not supported by evidence, you can file a pay discrimination lawsuit against your employer.
You’ll need to establish that an unlawful or discriminatory reason is most likely behind the pay disparity. It would then fall to the employer to prove their legitimacy in paying the new hire a higher wage than you and your fellow pre-existing workers.
Calculating Lost Wages and Potential Damages
If you are successful in your pay disparity lawsuit, you are entitled to pursue damages. The potential damages for a violation of the EPA include the amount of wages the employee was underpaid, liquidated damages equal to 100% of the underpaid wages, and reasonable attorneys’ fees and costs.  A court may decline to award liquidated damages if the employer shows its actions were in good faith and it had reasonable grounds for believing its actions did not violate the EPA. 
Damages available under Title VII include lost wages, front pay, compensatory damages, punitive damages, and reasonable attorneys’ fees. 
Consult an Employment Law Attorney
Upon learning that a new employee is making more than you, you might be understandably upset, but knowing how to deal with unfair pay at work is vital, and an investigation is warranted before you take any rash action, like quitting your job or rushing to the courthouse to file a lawsuit. There are legitimate reasons why a pay disparity might arise, and you deserve to know why you are not being paid as much as a new employee.
Wenzel Fenton Cabassa, P.A. can be your employment law advocate throughout the investigative process. With years of experience working with employees whom their employers have wronged, our Florida wage dispute lawyers know what evidence to look for that can support a claim of pay discrimination. We will use our resources and knowledge to get to the bottom of your situation.
When unlawful pay discrimination has occurred, you can trust Wenzel Fenton Cabassa, P.A. to present your claim skillfully and professionally to the court. Our Florida employment law attorneys have handled numerous wage disputes and lawsuits. We will fight for you and your right to compensation if your employer discriminates against you. Contact us today to get started.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### What to Expect When You Sue Your Employer (+ Pros and Cons)
Suing your employer is not a decision to be made lightly. Even when you and your attorney believe you have a meritorious case, there are certain factors you will want to consider before deciding to sue.
Working with an experienced employment law attorney from the outset is the best way to ensure you are fully prepared for the ups and downs of suing your employer. The process of obtaining compensation through the courts can be long and stressful. With a committed attorney by your side, you can be confident that someone is looking out for your best interests and legal rights.
Knowing what to expect when you sue your employer can help you successfully navigate this process and make the right decisions for your situation.
Understanding the Legal Grounds for Suing Your Employer

Lawsuits against employers typically occur when an employer has infringed upon an employee's rights and an informal resolution between the employer and the employee cannot be reached. Common examples of wage and hour employment litigation are off-the-clock work, failure to pay overtime, and unpaid wages.
There are federal and state laws that protect you against employment discrimination when it involves unfair treatment by your employer because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. It is also unlawful for your employer to discriminate against you during the hiring process. For example, refusing to hire you or passing you over for a promotion on the basis of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information. 
Fostering and failing to prevent a hostile work environment is another situation that can lead to a workplace lawsuit. An employer cannot turn a blind eye to employee-on-employee harassment or discrimination. Even if managers and supervisors are not the ones engaging in such behavior, the employer can be liable if they do not adequately address it. Harassment by any person, including coworkers, customers, and clients, can violate the law. Any person can be the target of sexual harassment regardless of their sex.
Additionally, you may have the right to sue your employer if you face retaliation from your employer for opposing, refusing to participate in, or reporting a policy, practice, or procedure that violates a law, rule, or regulation. Known as  “whistleblower” lawsuits,  when you bring your employer's wrongful conduct to light and are then punished by your employer, for example, by being fired, you have rights under the law to address this potentially unlawful behavior against you.
Pros and Cons of Suing Your Employer
There are both benefits and potential drawbacks to filing a lawsuit against your employer. Consider these common pros and cons of filing workplace lawsuits:

Pros

Cons

Allows you to assert legal rights and protections

Can be time-consuming and stressful

Provides a way for you to obtain financial compensation

Can result in reputational harm

On the positive side, a lawsuit is a definitive way to assert and protect your legal rights when your employer has violated them. If you have tried to resolve the matter informally with your employer, having a judge, jury, or government authority vindicate your position may be your only remaining avenue to continue asserting your legal rights.
A lawsuit against your employer can also be the only effective way to obtain compensation for the harm you suffered. If your employer failed to pay you wages or discriminated against you and caused you financial losses, a lawsuit can be an effective means for obtaining the compensation you are owed.
However, lawsuits can be time-consuming and stressful. Even when you have a valid reason for bringing a lawsuit, your professional reputation may suffer. Although an employer refusing to hire you because you filed a discrimination complaint against your previous employer is illegal, that is, unfortunately, a possibility when seeking a new job. 
Your employment law attorney can help you understand other specific benefits and drawbacks of bringing a lawsuit based on your circumstances.
The Legal Process of Suing Your Employer Explained
In most employment discrimination disputes, before filing suit in court, employees must first file a claim with a government agency, such as the Equal Employment Opportunity Commission. An experienced employment law attorney can help you with this administrative process.
Filing a lawsuit against your employer begins with your attorney preparing your complaint, which outlines your claim against your employer, the facts supporting your claim, and the relief you are requesting. 
After the complaint is served on your employer (i.e., the procedure used to notify a defendant of the lawsuit), your employer has the opportunity to respond to the allegations and defend against your claims. There are several ways an employer may respond, one being by filing an answer. In this answer, your employer may deny the underlying facts in your complaint and assert defenses. Your employer may also bring a counterclaim against you.
After this, your case enters the discovery phase, during which you and your employer will gather and exchange evidence and information. Your lawyer might conduct depositions of key witnesses and request that your employer turn over important documents and evidence. Your employer will make similar requests of you, too. You will likely be deposed (a deposition is a formal process where lawyers from both sides ask questions under oath; it’s a chance for the employer’s lawyer to understand your side of the story and gather information). The discovery process can last several months, especially in complex employment law cases.
Motions (a request to the court for some type of relief) will likely be filed throughout this process. It is not uncommon for one or both parties to request that the court hearing the case enter a judgment in their favor based on any undisputed facts.
At any point, you and your employer can agree to settle your case along terms you both find agreeable. In Florida, the local rules require most litigants to participate in mediation, which is nothing more than a settlement conference presided over by a certified, qualified, neutral mediator with the goal of settling your case prior to trial. If this does not happen, your case may eventually reach trial, where you bear the burden of proving you are more likely than not entitled to legal relief. Preparing for and participating in a trial is one of the most time-intensive and difficult aspects of a lawsuit—for everyone.
Your employer will contest your assertions and present evidence as well. A judge or jury would then render a verdict and decide your dispute. 
Preparing for Potential Retaliation and How to Handle It

A lawsuit represents an expense for your employer and a distraction from their business that exposes them to negative publicity. It is not uncommon for employers to feel a sense of betrayal from employees who file suit against them. For these reasons, you should be prepared for the possibility of retaliation from your employer.
Retaliation can take several forms, from unfair disciplinary treatment, reduction in hours, or pay to your employer firing you. 
Document any perceived retaliation you experience in detail, and let your attorney know so you can determine what to do about it. 
Can You Keep Your Job While Suing Your Employer?
You can continue working for your employer after filing a lawsuit against it. However, pursuing a lawsuit against your current employer can create an awkward work environment. Be prepared for subtle changes in how colleagues and management interact with you, as these situations can create tension in the workplace.
Communicate politely with HR and management and check with your lawyer before discussing the lawsuit with anyone. Not everyone you work with will know about your lawsuit, nor should they. 
And remember that filing a lawsuit is not a lawful reason for an employer to fire its employee. 
The Potential Outcomes of Your Lawsuit
The Outcomes of a lawsuit can vary widely, ranging from financial settlements, reinstatement at work, changes in employment policies, or, in some cases, going to trial. Each case is unique, so outcomes will depend on the specifics of your situation and the strength of your evidence. Television and movies portray lawsuits as resolved through a trial before a judge or jury. While this can and does happen, chances are that your case will settle prior to trial.  
In negotiating a settlement, you and your employer agree on terms that can include dropping your lawsuit in exchange for receiving compensation and damages from your employer, among other provisions, such as confidentiality.
Seeking Legal Advice and Support
There are a lot of things you need to think about and know before bringing a lawsuit, including an assessment of the potential impact on your personal and professional life. If you are considering suing your employer, it is crucial to seek professional legal advice. Working with a knowledgeable employment lawyer who can guide you through each step of the legal process helps ensure the best possible outcome for your case. 
The seasoned team at Wenzel Fenton Cabassa, P.A. can help you explore the benefits and drawbacks of filing a lawsuit in your case. We will fight tirelessly to secure the justice you deserve and support you every step of the way. Contact us for a free case evaluation with a skilled Florida employment law attorney today. We have wrongful termination lawyers, workplace retaliation lawyers, discrimination lawyers, wage dispute lawyers, and many other practice areas.
 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What Types of Employment Contracts Are There?
Employment contracts are commonly used to define and outline the working relationship between companies and employees.
When considering an employee agreement vs. a contract, they are similar. However, employee agreements often have further detailed employer and employee rights verbiage.
So, what types of employment contracts are there?
Various contracts are available to use depending on the particular situation of employment. These different contracts serve separate purposes, as a roadmap for each party to understand their obligations and what they must do to honor them.
Examples of business employment contracts include fixed-term, at-will, and commission-based. What does contract employment mean? It means there is a legal contract in place that binds both the employee and the company to abide by the terms of the contract or potentially face legal consequences, including financial penalties and/or damages.
This helpful guide will give you an understanding of the various types of employment contracts, when they might be used, and what employers should be cautious about regarding agreements or contracts.
It is important to understand your contract to ensure that you are not being mistreated or told to act outside the scope of your contract.
What is a Permanent Contract?
Permanent contracts are the most common type of employment contract.
They are contracts between the employer and employee that provide employees with long-term job security and benefits. Permanent contracts give employees stability in their position; and provide employers with a stable workforce, giving them the assurance that they have a sufficient team to take care of business needs.
Permanent contracts often represent full-time work. A full-time contract meaning is that the work would require ~40 hours per week, not including any earned overtime.
Key provisions that an employee should look for in these types of employment contracts include:

Job description
Salary
Benefits
Notice periods for termination

A well-constructed permanent employment contract gives confidence to each party. It also serves as a legal document to help hold employers accountable if they act outside the contract’s parameters.
What is a Temporary Contract?
Temporary contracts are often used to cover short-term vacancies or seasonal work.
These types of employment contracts are used across industries in both private and public sectors, ranging from technology to hospitality. They will specify the start and the end date of employment. A big difference between a permanent and a temporary contract is that these employment contracts do not provide the same rights and benefits as permanent employees.
In a temporary contract, the worker often does the same job duties. Still, they generally are not offered health insurance, 401K, similar financial benefits, stock options, or other benefits. Temporary work may also offer the possibility for a commission-based employment contract, depending upon the job duties. In fact, commission-based employment is possible in various contracts, offering additional flexibility in making a living.
Key provisions that an employee should look for in a temporary contract include:

Duration of employment
Conditions of termination

Temporary contracts can benefit employees in the short term, but it is necessary to understand their restrictions on benefits and employee rights.
Suppose an employer fires you before the end of the specified duration of employment and outside of the conditions of termination. In that case, you may be able to pursue a legal remedy and receive compensation.
What is a Part-time Contract?
Part-time contracts are similar to permanent contracts but with reduced hours.
Employees who sign a part-time contract are entitled to the same rights and benefits as full-time employees but on a pro-rata basis. This means their benefits will be proportional to their work and contribution to the needs of the business. Additionally, the hours may not always be the same week-to-week.
The part-time employment agreement will generally include a range of hours that can be expected – but not guaranteed each week. For example, you may work 25 hours one week, and in another week, with increased business needs, you may work 35 hours. This provides a certain amount of stability but does not guarantee a regular income.
Key provisions that an employee should look for in a part-time contract include:

Working hours (standard times of day shifts or night shifts)
Days of work
Pay

Depending on the situation, workers on a part-time contract may have the opportunity to move into a permanent contract or another type of contract in the future.
What is a Fixed-term Contract?
Fixed-term contracts are similar to temporary contracts but with a specified end date.
These types of employment contracts are often used for specific projects or to cover a period of maternity leave. Typically, individuals who sign these do not get benefits or have the same rights as other employees. Fixed-term contracts are often used with consultants or industry professionals with specific skills that a permanent employee either does not have – or simply does not have the time to execute the special project.
Key provisions that an employee should look for in a fixed-term contract include:

Start and end date of employment
Conditions of termination

Fixed-term contracts can be a good way to gain specialized experience for increased industry credentials.
What is a Freelance Contract?
Freelance contracts are used for independent contractors who are not company employees.
In a freelancer contract agreement, you are responsible for your own taxes, insurance, and benefits. One of the best benefits of these types of employment contracts is that you have greater control over your work.
Freelance contracts are similar to fixed-term and temporary contracts, which can often be utilized for special projects such as website design, photography, video editing, or home renovations.
Key provisions to look for in a freelance contract include:

Payment terms
Scope of work
Conditions of termination

The “gig” economy has ramped up the number of freelancers, offering more freedom and flexibility to workers. However, it is important to remember the limitations and added responsibilities, including being responsible for your own taxes.
If the company pays you less than the terms or insists you work outside of the contract’s scope, you may have a legal case against them.
For example, say you were hired to design a website for a company for $5,000. You completed the work within the scope and timeline agreed upon in the contract. The company then turns around and only pays you $3,000. This can be cause for seeking out legal counsel.
What is an Internship Contract?
Internship contracts are used for students or recent graduates seeking work experience in their field.
These contracts are typically short-term and provide the intern with on-the-job training and mentorship. Typically, a majority of internships are not paid. However, in certain circumstances, a modest salary could be involved. If an internship is necessary for a higher education course, there is no requirement to pay minimum wage.
Key provisions to look for in an internship contract include:

Duration of the internship
Responsibilities and duties of the intern
Conditions of termination

Pay attention to the details of the responsibilities and duties in the internship contract. If the position requires you to perform regular work, you could potentially be considered an employee and gain employee rights.
What is an Implied Contract?
Implied contracts are created through the actions and conduct of the parties rather than a written agreement.
They are typically utilized when the parties have a previous working relationship. Implied contracts can arise from a long-standing practice or habit with an organizationor individual. They may include implied terms such as a duty of good faith and fair dealing. Since these employment contracts are oral – not written and signed – they are often trickier to deal with if there is a dispute.
Key provisions to look for in an implied contract include terms and conditions that have been established through the parties’ conduct.
If there is a dispute regarding termination, a court may consider current employer policies, whether there were any assurances of job security, the tenure of the employee, and their relative success at the company.
What is a Self-employed Contract?
Self-employed contracts are used for individuals running their own businesses and providing services to a company as independent contractors.
Self-employed individuals are responsible for their own taxes and benefits, just like freelancers. Another similarity to freelance contracts is that self-employed people have greater control over their work.
Key provisions to look for in a self-employed contract include:

Payment terms
Scope of work
Conditions of termination

While freelance contracts often focus on special projects, a self-employed contract lasts longer, where the business owner provides ongoing services or products. This is not exclusively so, but quite common. Both types of contracts are legally binding.
What is a Zero-hours Contract?
Zero-hours contracts are used for employees not guaranteed a minimum number of working hours.
Much of the work that these types of employment contracts are used for is only needed sporadically. It is often thought of as an “on-call” type of position. These contracts give employers flexibility, but employees may experience uncertainty regarding their income and work schedule.
Key provisions that employees should look for in a zero-hours contract include:

Terms for scheduling work
Terms for canceling work
Pay and benefits
Conditions of termination

Individuals who enter into a zero-hours contract should be very clear on its provisions prior to signing.
What is an At-will Contract?
At-will contracts are used for employees who do not have a fixed-term contract and can be terminated by either party at any time, for any reason, with or without notice.
Key provisions to look for in an at-will contract include:

Terms for termination
Conditions for severance pay

An at-will employment contract does not give employees many protections. They may include salary and benefits, but they rarely include information concerning any specific duration of employment or guaranteed employee rights. It could be attractive in certain circumstances where you would want the freedom to quit anytime, but it sets the stage for employers to potentially mistreat you or fire you unexpectedly when you rely on that income.
When to Contact an Attorney
There are many different types of employment contracts, and each has its own rules.
This can be a lot of information to keep track of, but an employment lawyer can help if you feel your rights are being infringed upon.
The attorneys at Wenzel Fenton Cabassa, P.A. are experienced in the different types of employment contracts and non-disclosure agreements. Many employment contracts and provisions are often too overreaching. Some can even be deliberately misleading.
If you feel your rights may have been violated, consult an attorney regarding your employment contract.
Contact us today at 813-224-0431.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What You Need to Know About EEOC and Workplace Discrimination
The Pregnancy Discrimination Act (PDA) forbids discrimination based on a candidate or employee being pregnant. If you work for (or were interviewing with) a company that employs more than 15 people and you’ve received unfair treatment based on your pregnancy, your next step is the Equal Employment Opportunity Commission (EEOC). In Florida, you only have 300 days from the discriminatory event to file a complaint with the commission.
What is the EEOC?
The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee based on a number of determinants, including sex/pregnancy.
What to Expect from the EEOC
Prior to the filing of any pregnancy or maternity discrimination suit, you must file a charge of discrimination with the EEOC. The EEOC acts as a funnel for the court system, doing preliminary investigations of claims and mediating issues.
Once you’ve filed the charge the EEOC may suggest trying to settle the issue through mediation. In mediation, a neutral third-party mediator will negotiate disputes between you and your employer.
Why You Need an Attorney During Mediation
While an attorney is not necessary during this process, you can be assured your employer will obtain counsel. If you don’t do the same, you’re at a disadvantage. A trusted, experienced attorney will ensure your best interests are represented and that you understand each step of the process.
What Happens if There’s No Violation Found?
If the issues are unable to be resolved, and the parties cannot come to an agreement through mediation, the EEOC will investigate the claim. Should it find no violation of the law, or even if it does, you will be given a Notice of Right to Sue. At this poin,t you’ll need an attorney. If you secured one before filing with the EEOC initially, your attorney is already aware of the findings and the history. If you haven’t, and you’re just bringing one on now, they’ll need time to investigate the case.
What Happens if the EEOC Finds a Violation?
The EEOC will then attempt to reach a voluntary settlement with your employer. This settlement may not be in your best interests. Your employer may be interested in settling but, typically, it will not be on your terms. An attorney can help you understand what is common practice and what you can expect and, more importantly, negotiate directly with the employer to maximize your recovery.
If the parties can’t reach a settlement, the case will be presented to the legal staff at the EEOC or the Department of Justice (in some cases) to decide whether they will file a suit against your employer. More often than not, they do not file a suit and, instead, issue a Notice of Right to Sue.
In some cases, if the charge seems to be without merit, or if the EEOC does not have the authority to investigate, they will dismiss the charge without an investigation or mediation.
Whatever the EEOC decides, you cannot file in a court of law without filing a charge of discrimination against your employer with them first. Your employer has an attorney’s guidance. Shouldn’t you do the same, or would you rather sit across from them alone?
Contact a Tampa Workplace Discrimination Attorney with experience. Call Wenzel Fenton Cabassa, P.A. today at 813-579-2483 for a free case evaluation. We’ll be with you through the lengthy EEOC process and make sure your rights are protected.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What You Need to Know About Florida Wage & Hour Laws (2025 Update)
Florida vs. Federal: Which Wage & Hour Law Applies?
When both Florida law and federal law (the Fair Labor Standards Act, or FLSA) cover you, the law that provides the greater protection to the employee controls. In practice, that means Florida’s higher minimum wage applies in Florida, while overtime rules come from the FLSA for most workers.
Florida Minimum Wage: What It Is Today and What It Will Be?
As of today (through September 29, 2025), Florida’s minimum wage is $13.00/hour. On September 30, 2025, it increases to $14.00/hour. For tipped employees, Florida allows a $3.02 tip credit: the required cash wage is $9.98/hour now and $10.98/hour starting September 30, 2025.
The Step‑Up Schedule Through 2026

$11.00/hour on Sept 30, 2022
$12.00/hour on Sept 30, 2023
$13.00/hour on Sept 30, 2024
$14.00/hour on Sept 30, 2025
$15.00/hour on Sept 30, 2026 (then annual inflation adjustments resume on Sept 30, 2027)

Posting & Enforcement Basics

Florida employers must post the official Florida Minimum Wage notice and follow posting/notice rules.
Florida’s Minimum Wage Act (Fla. Stat. § 448.110) allows workers to send the required pre‑suit notice and, if unresolved, bring a civil action for unpaid minimum wages, potentially recovering back pay, liquidated damages, and attorneys’ fees.

Overtime in Florida: FLSA Rules Control
Florida does not have a separate overtime statute. For most non‑exempt employees covered by the FLSA, time‑and‑a‑half is due for hours worked over 40 in a workweek. Some salaried/exempt roles are not entitled to overtime under federal rules. If you’re unsure whether you’re properly classified as exempt or non‑exempt, seek legal advice—misclassification is common.
Common Exemptions (High Level)

Executive, Administrative, Professional (the “white‑collar” exemptions), outside sales, and certain computer employees, if they meet duties and salary tests under federal law
Certain occupations have industry‑specific rules; classification depends on the facts, not just job titles

Final Paychecks & Wage Theft: What Florida Requires
Florida doesn’t have a separate “final paycheck” statute. Generally, employers must pay all wages earned by the next regular payday. Some counties and cities have wage‑theft processes, and statewide minimum‑wage claims follow § 448.110 (with pre‑suit notice). Company policy controls whether unused PTO/vacation is paid out unless a contract says otherwise.
Talking About Pay Is Legal (and Often Helpful)
Employees covered by the NLRA have the right to discuss wages and working conditions. Policies that flatly ban wage discussions are generally unlawful. If you were disciplined or fired for discussing pay, speak with an attorney.
What To Do If You Think You’re Underpaid
Talk to a Florida wage‑and‑hour attorney for a confidential case review. Wenzel Fenton Cabassa, P.A., serves clients throughout Tampa Bay and St. Petersburg and across Florida.
FAQs
What is Florida’s minimum wage right now?
It’s $13.00/hour until September 29, 2025. It rises to $14.00/hour on September 30, 2025. For tipped employees, the required cash wage is $9.98/hour now and $10.98/hour starting September 30, 2025.
Do I get overtime in Florida?
If you’re non‑exempt under the FLSA, you’re entitled to 1.5× your regular rate for over 40 hours in a workweek. Exempt status depends on your actual duties and (for some exemptions) your salary level, not just your job title.
Is it illegal to discuss wages with coworkers in Florida?
For most private‑sector workers, no. The NLRA protects wage discussions and other concerted activity about working conditions. There are some exceptions (e.g., supervisors may not be covered).
When must my final paycheck be paid in Florida?
Florida lacks a stand‑alone final‑pay statute. As a general rule, wages earned must be paid by the next regular payday. Company policies govern payouts of unused PTO unless a contract says otherwise.
How do I enforce my right to the Florida minimum wage?
Florida’s § 448.110 requires a written pre‑suit notice to your employer identifying your claim and the amount owed, and allows a 15‑day cure period. If not resolved, you may file suit seeking back pay, liquidated damages, and attorneys’ fees. Talk to a lawyer about your specific facts and deadlines.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What You Need to Know About Pregnancy Discrimination in the Workplace
Pregnancy should be a happy time. For some women, however, it can come with anxiety over employer perceptions. In certain cases, these concerns may escalate if an employer’s opinions devolve to harassment and discrimination, leading to a hostile work environment.
According to The Pregnancy Discrimination Act (PDA), pregnancy is protected from discrimination related to general employment – including hiring, firing, pay, job assignments, promotions, layoff, training, and fringe benefits. At the same time, pregnancy affords a woman the same rights as a disabled person – namely, fair treatment. Based on PDA, she is protected from discrimination related to her condition and she must also receive special consideration when it comes to job performance.
FMLA Provisions for Pregnancy
The Family and Medical Leave Act (FMLA) outlines provisions for women that apply to situations both during and post-pregnancy. Typically, if you are a full-time employee you are eligible for leave under the FMLA.
An employer is required to provide 12 weeks of job-protected leave if you are incapacitated during your pregnancy—i.e. a doctor prescribes you period of bed rest due to a pregnancy-related illness—or to care for your child after birth. Special circumstances may also apply for arrangements related to adoption of child care.
The leave is unpaid and can be used all at once or intermittently – for example, as recommended by a doctor. According to the FMLA, you must provide 30 days’ notice of the requested leave period. If it is not possible to do so, such as in the case of a medical emergency, you must provide notice as early as possible.
Discrimination, Wrongful Termination, and Other Issues
You may have been discriminated against if your employer failed to provide adequate leave or attempted to block your leave for reasons related to your job performance and pregnancy. Furthermore, if your employer failed to provide an equivalent position or pay upon your return, you may also have a case.
Your employer is responsible for informing you of your FMLA eligibility. If you believe your employer lied about your eligibility in an attempt to block your leave, for example, you may have a case for discrimination.
Even if an employer did not interfere with the leave itself, rather he or she didn’t protect your job or health coverage, you may have grounds for a lawsuit due to violation of FMLA. Additionally, you may have a case for discrimination if your employer claims you can’t return to your previous position or pay due to your pregnancy or new role as a parent.
When it comes to wrongful termination, it’s important to note that Florida is an at-will or right-to-work state, meaning an employer may terminate you without reason; however, it’s unlawful and discriminatory for an employer to fire you for reasons related to your pregnancy.
It’s often possible for discrimination to give way to hostile workplace claims due to harassment. It’s against the law for an employer or employees to make inappropriate comments related to your pregnancy, sex life, or even contraception. A discriminatory work environment may create a breeding ground for hostile behavior.
What To Do If Your Rights Were Violated
An attorney with extensive employment law knowledge and experience can work with you to determine if your rights were violated. If you believe you were a victim of pregnancy discrimination, a lawyer can help you build a case based on provisions in the PDA, FMLA, or Federal Equal Employment Opportunity (EEO) Laws.
Contact Wenzel, Fenton, Cabassa, P.A. today for a free case evaluation regarding your pregnancy or workplace discrimination.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What You Need to Know About the Overtime Rule Injunction
Recently, a federal judge ordered an injunction to halt the implementation of the new regulations on overtime. This could mean changes for you and your employer. 
On November 22, 2016, Judge Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas ordered a nationwide injunction that temporarily halted the implementation of the new U.S. Department of Labor’s regulations on overtime. What does this mean for you and your employer?
It may surprise you.
Working Overtime? Not Receiving Fair Pay? Protect Your Rights with Our Guide to 
Overtime, Minimum Wage and Unpaid Wages
What Did the New Overtime Rule Propose?
First, it’s important to understand what the new overtime rule proposed to change. There are two ways overtime eligibility is established. To be eligible for overtime, an employee must meet a salary test and a job duties test.
The new rule changed only the salary test, not the job duties test. Under the old parameters, the salary threshold was $23,660 per year. With the New Rule, the threshold would have been raised to $47,476.
The rule also increased the parameters for being considered a high-income earner and thus, be ineligible for overtime. It was estimated that this change would extend overtime eligibility to some 4.2 million Americans.
While the New Rule was finalized back in May of 2016, the Department of Labor allowed businesses until December 1 to implement the New Rule. Many businesses worried about the administrative headache the New Rule would cause. Twenty-one state attorney generals and several large pro-business groups challenged the legitimacy of the New Rule.
Does the US Department of Labor have the authority to make sweeping changes through its rule making procedures without Congress’s approval of the revised regulations? That’s the question at the heart of the litigation which resulted in the injunction. While there is historical precedent for the agency to do so, the court is examining the scope and impact of the New Rule and the Department of Labor’s rulemaking authority.
In his 20-page order, US District Judge Mazzant wrote, “Due to the approaching effective date of the final rule, the court’s ability to render a meaningful decision on the merits is in jeopardy. A preliminary injunction preserves the status while the court determines the department’s authority to make the Final Rule as well as the Final Rule’s validity.”
How Are Employers Handling the Injunction?
The temporary injunction means that businesses will not be penalized for not implementing the New Rule. However, for some, they have spent the last six months working out the details of how these changes will affect their business.
Some employers have already given raises to employees so that they would not be eligible for overtime or changed work hours to manage the cost of additional overtime obligations. If your company has done either one of these things, it is within their prerogative to do so. It is also within their prerogative, although not a popular choice, to rescind a promised salary increase that was given in order to accommodate the New Rule. With the temporary injunction, your employer no longer has to comply with the Final Rule.
What Does a Temporary Injunction Mean?
The court is asking for time to review. While this doesn’t mean the New Rule is dead, the rule was backed by the Obama administration and was not an act of Congress. Litigation and the appeals process are likely to drag out until after Trump takes office. It is unclear whether the Trump administration will rescind or otherwise modify the Final Rule.
We will all have to wait and see. Keep an eye on this space for updates.
Are you concerned about your overtime pay or a misclassification as exempt? Do you believe you should be eligible for overtime and haven’t received it? If so, contact Wenzel Fenton Cabassa, P.A. today. Our initial case evaluation is free.
 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### What's Not Covered Under FMLA
The Family Medical Leave Act (FMLA) generally applies to private-sector employers with 50 or more employees within 75 miles of an employee’s work location.
If you work for a private-sector employer with less than 50 employees within a 75-mile radius, you are not covered by FMLA. Here are a few other reasons why an employee wouldn’t be protected under the Family Medical Leave Act:

you’ve worked for your current employer less than 12 months (If you have worked for them for more than 12 months, they do not have to be consecutive to be counted, but the break in service cannot exceed 7 years.)
you have less than 1,250 hours of work performed during those 12 months.

The FMLA allows you to take up to 12 weeks of unpaid leave per calendar year (or other year term according to your employer). However there are stipulations behind what it may be used for even if you meet the above requirements.
What FMLA Covers and What it Doesn’t
FMLA leave may be used for:

the birth or placement of a child. You may not take leave without extenuating circumstances, such as illness or disability, after that first year.
an extended block of leave, or Intermittent time off , unless your employer grants otherwise.
taking care of a spouse, child, or parent. It does not cover other relationships such as significant other, grandparent, distant relative, neighbor, pet, or friend, unless approved by your employer on special grounds.

FMLA is not a Sabbatical
The Family Medical Leave Act covers the need for caring for a close relative or oneself. It cannot be used for mental breaks (outside of a doctor’s care) for fun activities such as vacations, cultural exchanges, hobbies and other occurrences. FMLA is not a sabbatical.
Vacation Time and Salary
While FMLA protects your job and ensures you have one upon your return (and it does not affect your ability to be eligible for promotions), FMLA is unpaid leave. It does not cover medical costs while you’re out or provide you with any sort of supplemental income. Many people use vacation and sick time while out on FMLA, whether at their own insistence or that of their employer. If you do, know that your leave is still protected under FMLA.
Medical and Certification Costs
While you are eligible for health benefits during your unpaid leave, those costs are not covered under FMLA. This means you will be covering them out-of-pocket in a check to your employer or benefits provider.
If your employer requests medical certification as part of your leave application, the cost (if any) of the certification is not covered by FMLA or your employer. You will be responsible for it.
If you or your family needs extensive care, your job may be protected under the Family Medical Leave Act. If you’re unsure whether you’re covered under FMLA, or your FMLA was approved and then you were terminated upon return, contact someone who can help. Wenzel Fenton Cabassa, P.A. has aided thousands of Floridians in navigating the tides of employment law.
Contact us today for a free case evaluation at 813-579-2483.





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### When Can You Sue for Wrongful Termination in Florida?
Florida employees have legal protections against wrongful termination. Since Florida is an “at-will” state, meaning employers can fire you for any reason (that is not against the law) — it can be confusing to know when you can sue for wrongful termination. Do you need an attorney? Getting the basic information about what classifies as wrongful termination in Florida is the first step to finding out if you may have a case.
What is Wrongful Termination?
Wrongful termination occurs when an employee is fired through unlawful means or by violating a company policy or legally binding contract when the worker is terminated from employment. Some of the circumstances that you may need a wrongful termination attorney include:
Termination Due to Discrimination
Discrimination should never be tolerated. When it is associated with an individual being fired — it is called wrongful termination. It is also against the law to fire someone due to Age Discrimination, Race Discrimination, Pregnancy Discrimination, among other types of discrimination. Working with attorneys that have extensive expertise in working with these types of cases is important because of the complexity of proving a case.
Sexual Harassment in a Hostile Work Environment
If you were the subject of wrongful termination due to a hostile work environment where sexual harassment was tolerated, your employer could be liable for compensatory damages, among other judgments including back pay and reinstatement with full benefits. Sexual harassment is covered under Title VII of the Civil Rights Act of 1964, and Wenzel Fenton Cabassa, P.A. use all legal means to fight hard for employees who have been sexually harassed and/or the subject of wrongful termination.
Whistleblowing
Did you report your employer for illegal conduct and were subsequently fired? Did you refuse to cooperate in illegal conduct and then fired? In either of these situations, you may have a case against your employer for wrongful termination. The state of Florida has its own Private Whistle-blower’s Act, which makes it unlawful for employers to terminate employees for uncovering, objecting to, or reporting violations of state and federal law.
Retaliation for FMLA Leave
Many employers, unfortunately, are not family-friendly. Sometimes, they will retaliate against employees for taking FMLA leave — firing employees for taking time off to have a baby or care for an immediate family member with a serious medical condition. The federal Family and Medical Leave Act (FMLA) protects most Florida workers from wrongful termination. If you or a loved one was fired for taking FMLA, it is important to consult with a wrongful termination attorney as soon as possible.
Termination after Disputes about Unpaid Overtime
Employees have the right to get paid what they are legally owed — including appropriate payment for overtime (typically time-and-a-half) on a per hour basis. It is not uncommon for employers to try to increase their profits by trying not to pay employees lawful overtime. If you were fired after attempting to get compensated correctly for hours worked over your regular 40-hour work week, this might also qualify for a case of wrongful termination.
Violation of an Employment Contract
Wrongful termination lawyers also take on cases of employment contract violation. If you signed a contract when you joined a particular company that designated such parameters as length of employment, salary, schedule, or other details, and have been subsequently fired due to complaints about your employer not abiding by the contract, or for no reason at all, contact Wenzel Fenton Cabassa, PA for a free case evaluation.
Wage & Hour Disputes
Just like overtime issues, certain employers will also try to not pay or shortchange employees on wages and overall hours worked. This may include commissions, tips, or other theft of wages. Did you complain about getting your fair share and then got fired? The Fair Labor Standards Act (FLSA) covers comprehensive issues surrounding wage and hour disputes. You deserve your right to a fair wage, including all the hours worked — and you have the power to help hold your employer accountable. As with all types of legal cases, any and all types of relevant documentation can help to prove your case. Go back in your records and keep any electronic or paper documentation of schedules, pay stubs, employee policies, or any other type of HR resources you may have.
Retaliation for Filing a Workers’ Compensation Claim
Workers’ compensation laws are there to protect you and should not be used against you by your employer. It is illegal for employers to threaten, attempt to coerce, intimidate, or fire an employer for filing a workers’ compensation claim. Employees who have been injured on the job should not have to worry about job security. Florida Labor Code 440.205 is the state law that ensures that. If labor law has been violated by your employer, a wrongful termination lawyer will fight for your rights, not the employer’s interests.
Constructive Discharge
Intolerable working conditions due to a hostile work environment can cause people to have to quit their job, which is called constructive discharge. Depending on the particular circumstances, this may also qualify for a case for wrongful termination. Intolerable working conditions may include but not be limited to consistent workplace bullying or harassment, discrimination (including Age, Race, Disability, Pregnancy, Religious, and Sex or Gender), and sexual harassment. The Equal Employment Opportunity Commission (EEOC) has strict guidelines against a hostile work environment and constructive discharge.
Wrongful Termination Lawyers Fight for Employee Rights
At Wenzel Fenton Cabassa, P.A., we fight for the rights of Florida employees — holding employers accountable for wrongful termination. We understand the complexities of employment law and have fought both small and large employers to get justice for employees across numerous industries.
Whether you are in hospitality, retail, technology, or other fields, we keep you and your family in mind every step of the way and want to help you get justice, the compensation you deserve, and get your career moving forward past a wrongful termination from your employer. Contact our office today to set up a free, confidential case evaluation. We have helped thousands of Florida workers with employment law cases — and have a proven track record of success.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### When Can You Take FMLA Leave?
The Family & Medical Leave Act (FMLA) provides peace of mind for those who are covered that they can take time away from work to care for themselves, or an immediate family member, for up to 12 weeks and have a job upon their return. But it doesn’t cover every situation. The law is very specific about when you can take leave under the FMLA. Here’s what you need to know about this federally protected leave.
Qualified Reasons for Taking FMLA Leave
If you and your employer are covered under the Family & Medical Leave Act, you can take up to 12 weeks of leave for:

The birth and care of a newborn
Adoption or foster care placement
Care of an immediate family member with a “serious health condition”
Recuperating from your own “serious health condition” including pregnancy complications

Unlike other benefits that have been extended to cover co-habitants, the FMLA covers you, your spouse, your parents, and your children. Siblings, aunts, uncles, friends, significant others, pets, and in-laws are not covered. That is not to say your employer wouldn’t allow you to take a leave under its own policies, but that would be at your company’s discretion and not protected by the Family & Medical Leave Act.
What is a “Serious Health Condition” Under the FMLA
The Family &  Medical Leave Act provides a very specific definition for a “serious health condition.” Pregnancy and prenatal care are included, as well as an illness, injury, impairment, or physical or mental condition that:

Requires an overnight stay at a hospital, clinic, or other medical facility.
Is on-going and incapacitating (at least temporarily, as seen as more than three consecutive days) that requires treatment at least twice a year.
Can result in periods of incapacity as in the case of serious health conditions such as diabetes, asthma, and epilepsy.
Results in periods of incapacity that might not be reversible or treatable such Alzheimer’s and stroke.
Requires prolonged absences in order to receive treatments for a condition that would likely result in being incapacitated for more than three days if left untreated. Examples of this include chemotherapy, physical therapy, and dialysis.

You, or your immediate family member, need have only one of the previously listed conditions to qualify for FMLA leave if you are covered under the law.
The FMLA does not provide a list of allowed illnesses and non-allowed illnesses. For that reason, many HR representatives may not have a full understanding of the scope of what is considered a serious health condition. If you, or your immediate family member, has reason that you may be eligible for leave, consult an employment attorney. If your employer says your condition isn’t eligible, talk to someone who knows the law and the intricacies of the FMLA.
How Are Vacations and Holidays Handled?
The FMLA does not require you to use your vacation days or other paid time off. However, your employer may adopt a policy that requires its employees to use accrued paid time off for some or all of the FMLA leave period. You will need to refer to the employer’s policies. Pay for holidays is not required under the FMLA. If your employer offers paid holidays to employees on other kinds of leave (such a personal, non-FMLA leave) you would be entitled to pay consistent with the employer’s policies. FMLA leave is unpaid leave unless you have some accrued time under your employer’s policies which provides a basis for pay during the leave time. Under the FMLA, you are entitled to benefits (such as accruing vacation time) only to the extent other employees on non-FMLA leave would accrue such benefits. So, again, your employer’s policies will govern whether you  accrue vacation time (or seniority or sick time) while you’re on FMLA leave.
If you, or an immediate family member, requires care and you’re not sure if those needs qualify under FMLA, talk to an attorney. At Wenzel Fenton Cabassa, P.A., we want you to be sure about your rights under the Family & Medical Leave Act. That’s why the initial case evaluation is free. Contact us today at (813) 224-0431.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### When Should You Lawyer Up? Knowing When to Hire an Employment Lawyer
Do you need to lawyer up? When experiencing workplace retaliation or discrimination, knowing if you need an attorney is not always clear. That is why it is important to understand not only your employee rights but what an employment lawyer does and how they can assist you.
Employee rights and the complexities of employment law can be confusing. Here are details about what an employment lawyer does to help employees who have been the victim of illegal workplace actions:
How an Employment Lawyer Can Help Your Case
➤ An Employment Lawyer provides clarity and understanding amongst confusing claims and complex laws.
The complicated language of federal and state laws can be challenging for people outside of the legal profession to understand thoroughly. You may have a great case and not even know it! There may also be some federal or state laws that you did not even know existed. You may think or feel that your rights have been violated, but may not be sure.
An employment lawyer works hard each day with the various state and federal statutes and can offer guidance and the right information to help you make the right decision for you, your family, and your career.

➤ An Employment Lawyer knows the process of filing a claim or case and associated deadlines and helps the client each step of the way.
There are specific requirements for filing EEOC claims. Failing to go through each step in the right order properly — and meeting all the deadlines — can result in the denial of a claim or loss of a case. Preparing the documents accurately and thoroughly and then submitting/filing them within the proper time frame is one of the most critical parts of the process.
Working with an employment law attorney will give you the peace of mind and confidence you need. It also gives you a much greater chance of a positive result than going at it alone and potentially missing a deadline or not filling out the documentation correctly.
 
➤ An Employment Lawyer serves as professional legal representation so your employer will take you seriously.
Nearly all employers will have their own lawyer — if not an entire legal team. If you are attempting to hold them accountable for illegal workplace actions, they may not take your claim seriously if you do not have an attorney. They may also try to convince you that you don’t have a claim (when you very well may have a valid claim). Would you know what to do?
Taking the action of at least having an initial consultation with an attorney is essential to protecting your rights in the workplace when an employer has their own powerful legal team to defend themselves.

➤ An Employment Lawyer is used to uncomfortable confrontations and fights hard for your legal rights.
It is not uncommon to feel uncomfortable, awkward and anxious in confrontations. Are you trying to deal with an issue of workplace discrimination? Are your employers trying to force you into early retirement? Many people are not their own best advocates when it comes to facing legal violations, confrontations, and negotiations. If you try to do it on your own, you may be doing yourself a major disservice.
An attorney who specializes in employment law is used to dealing with these types of situations on a regular basis and can stand up to bullying employers. Having the right personality and skill set to stand up for your rights is crucial to getting the best results.
 
➤ An Employment Lawyer has the experience, knowledge, and skill set to hold employers accountable for their actions, help you and your family, and get your career back on track.
When it comes to illegal actions in the workplace, an employment lawyer is your best choice to hold your employer accountable and help you through a tough time. You need to lawyer up when it really matters. Your employer’s illegal actions can change your life, impact your finances, cause difficulty to you personally, and have a real impact on your family too.
Areas of Practice in Employment Law include:

Wrongful Termination
Unpaid Overtime
Hostile Work Environment
Family Medical Leave Act (FMLA)
Retaliation
Discrimination 
Sexual Harassment
Payment Disputes and other practice areas…

 
If you have been wondering for a while if you need to get a lawyer, please be aware there are statutes of limitations on filing claims and/or cases. It is essential to take steps to protect your rights and get justice for workplace violations.
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Wenzel Fenton Cabassa, P.A., helps employees who have been wronged by employers make great decisions about their legal issues. We are a team of experienced employee rights attorneys who fight for fairness, justice, and equal rights in the workplace. When private negotiation, mediation, and arbitration are not effective, we are trial lawyers — we do not hesitate to try our cases.
The Next Step
Now that you have the answer to “What does an employment lawyer do?” you can take the next step.
Once you have decided if you need to lawyer up, set up a consultation with an employment lawyer to discuss the details of your case. Provide any documentation you may have that the lawyer can utilize to evaluate your particular situation and help you make the best decision about your legal issue.
Contact Wenzel Fenton Cabassa, P.A. today for a free, confidential case evaluation. We have helped thousands of others just like you and you don’t have to go through this alone.
We are available in Tampa, St. Petersburg, Sarasota, Miami, Jacksonville and Orlando for your convenience.
 
Other resources you may be interested in:

FMLA Retaliation: 6 Benefits of Hiring an Employment Lawyer to Represent Your Case
10 Things You Want to Know Before Hiring an Employment Lawyer
Fired for Being Pregnant? 5 Reasons You Need to Hire an Employment Discrimination Lawyer
9 Reasons to Hire an Employment Attorney to Recover Your Overtime Pay<?a> 

 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### When to Hire a Workplace Retaliation Attorney
Most of us want to do the right thing. Sometimes it works in our favor. Sometimes it doesn’t.
If you “did the right thing” by reporting employment discrimination and now your employer is retaliating against you for your actions, you’re in a difficult spot. Most people need their jobs and the threat of losing them is enough to get many to back down. That’s what your employer may be counting on.
Don’t let it happen to you. Know your rights.
What Does it Take to Prove Workplace Retaliation?
First, to win an employment retaliation case you need to be able to show that your employer committed a negative job action towards you because of your employment discrimination report. The report may have involved you as the victim but it could also be on behalf of another employee or an illegal practice.
As long as the report was filed officially and you received a negative job action (such as termination, a demotion, unfair discipline, or being passed up for a promotion), you could be a victim of workplace retaliation.
When Is It Time for an Employment Attorney?
There are a lot of complexities in an employment discrimination or workplace retaliation case. Working through the details is easier with someone who understands the nuances of the law. You need to meet all three of the following to have a successful workplace retaliation case:

You must show you filed a complaint or are part of a protected activity; and
You have been a victim of a negative action from your employer; and
Those two events are connected.

It is not enough to show one and two. One and two must lead to three. That’s why having an employment attorney on your side can be of benefit. Often s/he is able to connect the first two through research and investigation. A hunch on your part is not enough for a successful case. You must be able to show the correlation.
Things to Know about Working with an Employment Retaliation Attorney
Unless you have an employer who outright admits it to you, as in “Go to HR and you can kiss that opportunity goodbye” (we all wish it was that transparent), you will need to prove one caused the other. This can sometimes be quite  difficult but here’s how skilled employment attorneys handle it. They research and ascertain:
Timing
Did you have amazing job reviews until right before your filing? After that, could you do no right in the eyes of your manager? If one, two, and three above happen in quick succession, this is a good indicator something is awry.
Awareness
The employee needs to show that the person taking the negative job action against her knew she filed a complaint. For instance, if the employee filed a complaint with HR and her manager fired her later that day, unless there’s proof that manager knew about the complaint, it’s coincidental.
Lack of Reason
Filing a complaint does not give you a get-out-of-jail-free card. If you stop showing up for work after filing the complaint because you’re afraid of retaliation, and then they fire you, that’s not  retaliation. That’s the business looking out for its bottom line. A negative job action in a retaliation case should lack a reason outside of retaliation. If you have a bad employment record, it may be harder to prove unless it was said to you directly.
Employment retaliation doesn’t go away. It escalates. If you think your employer is putting pressure on you to leave or has let you go and you think it’s due to a complaint you filed, contact an employment attorney at Wenzel Fenton Cabassa, P.A. today. The first case evaluation is free and they can help you better understand your employment rights in Florida.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Why You Shouldn't Wait to File a Charge with the EEOC
Dealing with discrimination isn’t easy. When you experience harassment or any form of discrimination in the workplace, it takes a toll on your ability to perform at your best.
You shouldn’t wait to file a charge with the Equal Employment Opportunity Commission (EEOC). But, before you decide to go to the EEOC, it’s a good idea to first consult an employee rights attorney who is experienced in handling discrimination and EEOC mediation.
Here’s why you shouldn’t wait to file a charge with the EEOC:
Statutes of Limitation
There are statutes of limitation on discrimination cases that require you to file a charge against your employer for violation of the laws administered by the EEOC and state Counterparts within 180 days of the alleged violation under federal law. If there are additional protections offered by your state, such as those in Florida, you can file a charge up to 300 days from the alleged violation with the EEOC or a separate state commission such as the Florida Commission on Human Relations (FCHR). In addition, if you are filing in Florida then you must file with FCHR within 365 days of the date in which the workplace violation occurred.
The Waiting Game
If you file a charge with the EEOC or FHRC, you file the charge, then sit around and wait. Many employees who have been discriminated against or even fired in the process need a more immediate solution than waiting the full 180 days it takes for the EEOC to conduct an investigation. You might be in a tight situation or running out of options upon the loss of a job if you were wrongfully terminated. In addition, if you go to the EEOC before meeting with an attorney, you run the risk of filing a charge that contains errors, misinformation, or an incomplete overview of your case.
The EEOC is a huge federal organization with a limited amount of time and resources. Although a trained EEOC representative can help you with your case, as employee rights attorneys, we often see clients who after months of waiting, are unable to move forward with a lawsuit due to mistakes in the filing process with the EEOC or FHRC. The potential success or failure of your case usually turns on the accuracy of your charge and initial statement. Therefore, you need an experienced employment law attorney to help you prepare before filing a charge.
Forgetting the Facts
By the time your charge is filed and your case is heard, months are likely to have passed. Over time, it’s common for some of the most important facts of the case to be forgotten, and your legal position will suffer as the result of you or others giving separate versions of the story. An employment law attorney can help you record the facts of your case from beginning to end while they are still fresh, identify and locate witnesses, and assist you in preserving the documents you will need to support your claims. Securing your cell phone, texts, and electronic data is time sensitive ( and necessary as loss, damage or corruption of this information is more likely as time passes).
Generally speaking, after your case is pending with the EEOC or FCHR for 180 days, you can file a suit in a state or federal court against the employer — assuming a no cause determination is not made prior to that time by the FCHR or in Federal Court within 90 days of a Notice of Right to Sue issued by the EEOC.
Additional statutes of limitation apply but the important point to remember is that the time your charge is pending before the EEOC of FCHR is valuable time — you do not need to just sit and wait. Your counsel can use this time to engage the employer in early efforts to resolve your claim, to prepare for further litigation, and to advise you of your options as your advocate.
Are you or is someone you know going to the EEOC?
At Wenzel Fenton Cabassa, P.A., we have developed and refined a very specific process that we use when contacting a potential client about a case. Because we have a well-trained team, most of whom have been with us for several years, the interplay between our New Client team and our lawyers is well-orchestrated and seamless. We have seen virtually every fact pattern imaginable in the workplace, and our New Client team knows the right questions to ask to get to the heart of the factual and legal issues presented by a potential client contacting our firm. We may contact you several times to collect all of the necessary information that will allow us to determine whether our firm can assist you. Here is what you can expect when you contact our firm:   SEE OUR CASE PROCESS
SOURCES:
Filing Discrimination Charges with the EEOC
Filing a Discrimination Claim in Florida

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Will a Recent Ruling in NJ Effect Whistleblowers Elsewhere?
New Jersey Whistleblower Case Not Protected by State Law
Whistleblowers — individuals who report mismanagement, unethical practices, and/or violations of law — are generally protected from retaliation and negative employment actions. However, this is not the situation with a recent case in New Jersey.
Will this case effect similar dilemmas in other states and set a precedent?
Not likely, here’s why:
Jay Alpert was a Bergen County sheriff who was assigned to the Port Authority’s office of emergency management. When he realized a police captain made copies of police promotional exams and shared them with candidates, he reported it to his superiors. He was later fired. According to court papers, Alpert was fired after an investigation into the college degrees listed on his resume, not because of his whistleblowing.
Judge Lisa Rose in Hudson County dismissed the lawsuit between Alpert and the Port Authority, stating the Port Authority of New York and New Jersey is not governed by state whistleblowers laws.
Why This Whistleblowing Ruling Won’t Affect All States
The New York and New Jersey Port Authority is a bi state agency, created by a compact between the two states. It wasn’t liable to whistleblower laws in either state, unless they were similar. They are not, so the judge found no state application of New Jersey law in this case.
In New Jersey, the Conscientious Employee Protection Act (CEPA) establishes that an employee with a claim under this act asserts the employer’s action was illegal or violated public policy, and was not caused by an error in judgment. The New Jersey act requires written notice and time to right the wrong. In New York, protections are afforded but the stipulations are not as detailed as the CEPA. Thus instead of the bistate agency being regulated by one state’s laws, it is regulated by neither when it comes to whistleblowing.
Whistleblowing in Florida
The whistleblowing laws in Florida apply to public and private employees. An employer may not take retaliatory employment action on an employee because that individual disclosed an activity, policy, or practice, which violates the law. It also protects those who have testified during an investigation for possible violations, participated in a legal action against their employer, or refused to participate in an activity or practice that was in violation of a law, rule, or regulation. In addition, this counts the callers to a whistleblower hotline.
The same is true for the employment of public employees. They cannot be adversely affected for making disclosures or allegations involving a violation of state or federal law that creates a substantial and specific danger to the public’s health, safety, or welfare.
Have your employment rights been violated due to retaliatory behavior of your employer after reporting an illegal or otherwise damaging action or policy? If so, document your situation, compile all messages between you and your employer, and contact a skilled employment rights attorney. Wenzel Fenton and Cabassa, P.A., have helped hundreds of employees protect their rights and receive the justice they deserve. Call us today — the initial case evaluation is free and all conversations are confidential.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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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 to know what kind of paycheck (if any) an employee might be granted in his or her absence. Wondering if FMLA is worth it for workers? Consider this your guide to getting paid.
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FMLA Eligible Employees are Entitled to 12 Workweeks of Unpaid Leave
Workers who qualify for FMLA – based on their time invested at a company (12 months or 1,250 hours within the 12 months before the anticipated leave), as well as the businesses number of employees (at least 50 within 75 miles of a worker’s employment location) – are entitled to unpaid leave.
FMLA ensures employees can schedule up to 12 weeks of job-protected absence for the care of a family member like the staffer’s child, spouse, or parent. In some cases, intermittent leave may be granted to an employee with his or her own serious health condition.
Since employment law and FMLA don’t include pay provisions, employees must take the unpaid time off at their own discretion. It’s important to note that while a traditional paycheck isn’t guaranteed, it is possible for workers to receive alternative income via their company’s available employee benefits.
Understanding FMLA and Paid Time Off (PTO)
Chances are, if you qualify for FMLA you likely work for a mid-sized to large company that provides some type of employee benefits package. If you’re a full-time, covered employee it’s usually possible to spend PTO for at least part of FMLA. In fact, some companies may require you to exhaust any accrued PTO before supplementing an absence with unpaid leave.
Therefore, it is possible to receive a paycheck while on FMLA, but only through the use of company-approved PTO or sick time.
Know that the elective use of PTO for your approved FMLA leave is subject to your company’s employee benefits guidelines; however, as a general rule of thumb, you should be entitled to use available paid hours in the same way any other worker would – regardless of your impending FMLA time off.
 
Denied Employee Benefits for FMLA is Often the Same as Unpaid Wages
Imagine for a moment that your coworker left the office for 14 days to care for his sick child. During his absence, he used his available PTO to supplement his paycheck. Your coworker returned after those two weeks without discipline or retaliation for the time taken.
If this consideration or a similar one was granted for a company worker, yet you were denied your available PTO prior to or during your FMLA leave, then you may be entitled to unpaid wages plus damages for FMLA workplace discrimination.
When it comes to FMLA and PTO, an employer can’t play favorites. An employment attorney can determine if your employee benefits were wrongfully denied.
If you have questions regarding workplace discrimination related to FMLA, contact Wenzel Fenton Cabassa, P.A. today to schedule your free case evaluation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Will Sexual Orientation Bias Be Banned?
Does Title VII of the Civil Rights Act protect people who identify as gay, bisexual, or transgendered? That is the debate going on in Chicago right now. Several Seventh Circuit judges spoke out about the possibility that they could be ready to make their court the first in the nation to ban sexual orientation bias.
 Are You A Victim of Workplace Discrimination? Understand Your Rights with our
 Guide to Understanding Employment Discrimination.
Is Sexual Orientation Currently Covered Under Title VII?
That largely depends on who you ask.
The Equal Employment Opportunity Commission (EEOC) states that it “…interprets and enforces Title VII’s prohibition of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation.  These protections apply regardless of any contrary state or local laws.” This can include things like:

Not hiring someone because they identify as a transgender person
Denying an employee or job applicant equal access to a gender-specific restroom
Denying an employee a promotion or failing to hire someone based on the fact that they are openly gay (or the business assumes they are gay)

While the EEOC may interpret and enforce Title VII in this manner, there isn’t a federal law that specifically prohibits sexual orientation bias so that leaves room for interpretation by the courts. Are employees covered under Title VII against sexual orientation bias? Probably. But probably is not a very firm ground to stand on when it comes to facing your employer in court.
Congress has toyed with the idea of explicitly adding sexual orientation to Title VII but has yet to make it final. Title VII does, however, protect people from discrimination based on their sex or gender. In the late ‘80s, the court did add sexual stereotyping as a form of sexual harassment. In 2015, the EEOC declared that sexual orientation discrimination issex discrimination in its eyes.
Not having sexual orientation explicitly described in Title VII places LGBT employees in an uncomfortable position. The  issue in the case of Hively versus Ivy Tech Community College in the Seventh Circuit is whether Kimberly Hively should have been protected against discrimination when she was denied full-time employment on six different occasions and later fired because she was/is a lesbian.
What This Court Ruling Could Mean for the LGBT Community
While the EEOC interprets Title VII to include sexual orientation as a protected class, this court ruling could be the first step to overhaul nondiscrimination law across the country.
This court case is the first to test the EEOC’s new support on a federal level. It would have to reverse the lower court ruling to do so. This would be a big win for the Lambda Legal Defense and Education Fund that has stated in many court cases Title VII, when interpreted properly, protects the rights of LGBT employees.
If you believe you were terminated based on your sexual orientation or gender identification, or if you’re facing sexual harassment in the form of sexual stereotyping or jokes about being LGBT, you may have recourse with your employer. Contact Wenzel Fenton Cabassa, P.A. today. Our employment attorneys are standing by and the initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Will Uber Ever Get Over the Sexual Harassment Issues?
Have you ever taken an Uber? For some, it’s allegedly been more of a ride than they bargained for.The convenient ride-share service is under scrutiny again. Most recently (at least at the time of this writing) Uber has banned a driver who made comments that “his dream is to have some drunk chick by herself also going home at the end of my shift and she wants me to come in…” The passenger who recorded the conversation asked the driver if that would taking advantage of the woman, and the driver said he would get drunk too so that he would not be responsible.
When the passenger reported the incident to Uber, it issued a statement: “The comments in this video are disturbing and do not represent our driver-partner community. This driver has been banned from Uber.”But what does this mean for a company that’s already plagued with sexual harassment claims?
Employer Control Over Independent Contractors
This is just another incident in a line of sexual harassment charges the company has had to deal with. But the matter is complicated in Uber’s case. Uber has taken the position that its drivers are independent contractors. The drivers have challenged this classification across the company in a series of class action lawsuits. The drivers are seeking classification as employees which would trigger coverage of wage and hour laws, and the benefits of employment status such as unemployment compensation, workers’ compensation insurance, to mention but a few. The independent contractor issue has not been finally resolved. Writer Alan Pyke has even suggested that current laws are no longer designed for businesses of the present age. We’re in unchartered waters to a certain extent when it comes to defining roles and responsibilities of employers and independent contractors.
There is no doubt that Uber exercises significant control over its drivers. The question will be whether the company exercises sufficient control to be held liable for the conduct of its drivers, and if so, where does one draw the line?
Meanwhile, as we wait to see how these classification issues will be dealt with, claims of sexual harassment and other issues such as drivers working under the influence of drugs or alcohol continue to plague the company. Earlier in June, Uber revealed the recommendations that had been made to address sexual harassment based on its month-long probe of misconduct. These recommendations centered on sexual harassment of employees at Uber. Critics have pointed out that the recommendations do little to address issues regarding sex discrimination in driver recruitment, protection of drivers from sexual harassment, or sexual harassment by the drivers themselves. CEO Travis Kalanick has stepped aside to take on a diminished executive role with the company. Many believe this move was largely due to complaints about a culture of sexual harassment at the company.
Another board member, David Bonderman, also stepped down after complaints were lodged about his comment that adding more women to Uber’s board would result in “more talking.” His comments were widely circulated on Twitter. His comments followed the release of a 13-page document outlining recommendations that Uber planned to take to address a series of complaints about corporate misconduct, including harassment claims.
Sexual Harassment in the Uber Workplace
But it’s not just the independent contractor drivers that are causing Uber its issues. A former engineer at the company, Susan Fowler, has filed claims of sexual harassment and cited general workplace hostility.
Former US Attorney General Eric Holder released many recommendations to Uber in June. Uber claims that they have already begun adhering to the suggested changes in senior leadership, and that we can expect even more changes over the next coming weeks.
The Role of Court of Public Opinion in Sexual Harassment
Uber’s biggest detractors aren’t just coming from court cases and special investigations but the court of public opinion and social media. The grassroots campaigns that organizations are mounting encouraging the public to boycott Uber are growing. In 2017 between February and June, defections from Uber to Lyft in the Chicago area were at about 2.5%, second in the nation outside of its hometown San Francisco.
Basecamp, a web developer and project management tool company, stopped reimbursing employees for using the service and encouraged them to find other means of transportation.
Sexual harassment is no longer confined to office breakrooms late in the evenings when most of the employees are gone. It’s become a much bigger issue for companies with expansive employee bases to ensure all their employees know that this sort of behavior is illegal.
If you’ve been the victim of sexual harassment or something about an employer’s behavior is bothering you, don’t remain quiet and hope it goes away. Contact Wenzel Fenton Cabassa, P.A. to better understand your rights. The initial case evaluation is free.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Workers’ Compensation in Florida May Soon Increase after NCCI Proposal
The landscape has shifted for workers’ compensation in Florida. According to Insurance Journal, after a Florida Supreme Court ruling, “the National Council on Compensation Insurance (NCCI) filed a 17.1 percent rate increase with the Florida Office of Insurance Regulation (OIR) for all new, renewal and additional policies in effect on a “pro-rata” basis.”
A limit on attorney fees in relation to workers’ compensation cases has been lifted following a recent ruling involving an injured employee. On April 28, 2016, the Florida Supreme Court ruled, “that the attorney fee schedule passed in 2009 is unconstitutional under both Florida’s and the U.S. Constitution as a violation of due process.” The ruling was made in a workers’ compensation case between injured employee Marvin Castellanos and employer Next Door C (insured by Amerisure).
Castellanos’ complaint was that the current schedule takes away the right of the claimant to collect reasonable attorney’s fees when exercising a right to workers’ compensation under the current law. After review, the court found that the current limit on attorneys’ fees installs an “irrebuttable presumption”, meaning that the fee is presumed to be “reasonable” at the current fixed rate (manditory sliding scale), no matter what the effective date rate turns out to be.
For example, according to the Tampa Bay Times, Castellanos’ particular case would have, “awarded the equivalent of $1.53 an hour in successfully pursuing a claim for benefits for a worker injured in Miami.” This presents many challenges for any injured Florida worker who must hire an attorney to collect workers’ compensation. For this reason, the main issue that backed the change in attorney’s fees was the “reasonableness” of attorney’s fees awarded in workers’ compensation cases. Following the ruling, claimants (and their counsel) may seek a reasonable attorney’s fee and thus secure the needed assistance of competent counsel “to navigate the thicket” of a workers’ compensation claim.
In response to the 5-2 ruling that found the 2009 law limiting attorney’s fees in violation of due-process rights, the National Council on Compensation Insurance (NCCI) submitted a proposed rate of increase for Florida workers’ compensation at 17.1 percent on May 27, 2016. The proposed amount equals $623 million and raises the statewide average by about 15 percent to cover employees the first year. The proposed effective date for new and renewal workers’ compensation policies and the 17.1 percent increase rate is August 1, 2016.
Following these recent changes in workers’ compensation in Florida, many state insurance experts are expecting more than just rates to be affected by the ruling. A new wave of litigation challenging old claims with the former (now unconstitutional) fee is anticipated for attorneys who specialize in workers’ compensation.
Lawmakers are concerned how this ruling and proposed increase in workers’ compensation insurance will affect the burden on Florida businesses and job creation.
“The Florida chamber will lead the charge to ensure small businesses aren’t crushed under the weight of increased workers’ comp rates, and that workers have access to quality health care so they can return quickly back to work,” Mark Wilson (Florida chamber president and CEO) said in a prepared statement reported by Tampa Bay Times.
Have you been injured on the job and suffered retaliation for attempting to or actually filing a workers’ compensation claim? Are you able to perform the job (perhaps with an accommodation) after your injury but were still terminated because of this injury?
At Wenzel Fenton Cabassa, P.A., we have developed and refined a very specific process that we use when contacting a potential client about a case. Because we have a well-trained team, most of whom have been with us for several years, the interplay between our New Client team and our lawyers is well-orchestrated and seamless. We have seen virtually every fact pattern imaginable in the workplace, and our New Client team knows the right questions to ask to get to the heart of the factual and legal issues presented by a potential client contacting our firm. We may contact you several times to collect all of the necessary information that will allow us to determine whether our firm can assist you. Here is what you can expect when you contact our firm:  SEE OUR CASE PROCESS
SOURCES:
NCII Seeks to Raise Florida Workers’ Comp Rates by 17% in Light of Court Ruling
Workers’ Compensation Rates Could Jump After Florida Supreme Court Decision

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Workers’ Compensation: Can You Be Fired for Being Hurt on the Job?
Sustaining an injury while working is complex and can have long-term consequences on your livelihood. Whether your injury was caused by an accident or negligence on behalf of your employer, it’s crucial to understand your rights, especially if you were fired after being injured on the job and filed for workers’ comp in Florida.
This guide will help you navigate workers' compensation laws in Florida and whether termination due to a workplace injury is legal.
Can You Be Fired for Getting Injured on the Job?
Employees who suffer an injury on the job often worry about job security. Florida is an at-will employment state, which means an employer can terminate employees anytime without a reason. However, there are exceptions. You may have legal recourse if you were fired because you filed paperwork for a workers' compensation claim.
When Is It Illegal to Fire an Injured Worker?
Employers cannot fire workers solely because they sustained a workplace injury. If you are unable to perform your job due to an injury or disability, your employer is required to make reasonable accommodations under the Americans with Disabilities Act (ADA). For example, if your employer allowed another worker to modify job duties due to a disability but refuses to accommodate your work injury, this could be a wrongful termination.
Additionally, Florida law prohibits retaliation against employees who file for workers' compensation benefits. If you were fired or faced adverse action due to filing a claim, you may have legal grounds for legal action.
Workers’ Compensation in Florida: Who Is Protected?
Firing an employee in retaliation for filing a workers’ compensation claim is against the law. Under Florida Statutes Section 440.205, terminating an employee for filing a workers’ compensation claim is regarded as illegal retaliation. Unfortunately, this unlawful practice still occurs far too often. Don’t let the fear of retaliation prevent you from pursuing a valid claim for the benefits you’re entitled to.
It's important to understand that your job is not automatically protected if you cannot work due to an injury covered by workers’ compensation, even with a doctor’s recommendation. Employers are not required to hold your position open until you can return, and you may face termination if you cannot fulfill your job duties. However, if your situation and employer meet the necessary criteria, you may qualify for leave under the Family & Medical Leave Act (FMLA). In such cases, your job and right to return to work could be protected.
Understanding the intricacies of these protections can be challenging. That’s why consulting a workers’ compensation and retaliation attorney is essential. Rather than determining on your own whether you have a case, seek guidance from an expert who can thoroughly assess every aspect of your termination.
Can You Get Fired for Being Injured on the Job If You Are on Medical Leave?
If your injury requires you to take time off, your job may be protected under the Family and Medical Leave Act (FMLA). FMLA applies to:

Employees who worked at least 12 months and 1,250 hours within the past year
Companies with fifty or more employees within a 75-mile radius

If you qualify, FMLA allows you to take up to 12 weeks of unpaid, job-protected leave. However, once this leave is exhausted, your employer is not required to keep your job open.
How to Prove Wrongful Termination Due to a Work Injury
Understanding how to prove wrongful termination due to a work injury is critical to ensuring justice and potential compensation for lost wages and damages.
To demonstrate that your termination was retaliatory and linked to your workers' compensation claim, you must establish three key points:

An adverse employment action occurred: This could be termination, demotion, reduced hours, or a hostile work environment.
You engaged in a protected activity: Filing a workers' compensation claim is a legally protected activity.
There is a connection between your termination and claim: Evidence may include suspicious timing, documented employer hostility toward your claim, or statements linking your firing to your injury.

Gathering as much evidence as possible is crucial if you believe you were wrongfully terminated due to a workplace injury. Documentation of employer communications, past performance evaluations, and written statements from coworkers can significantly strengthen your case. A skilled attorney can assist you in building a compelling argument, upholding your rights.
Steps to Take if You Were Fired After Filing for Workers' Compensation
Being fired after filing a workers' compensation claim can be intimidating, leaving you uncertain about your next steps. It is vital to take action immediately to confirm your legal rights are protected and you receive the payment and justice you deserve. Understanding the necessary steps can strengthen your case and allow you to take appropriate legal action against wrongful termination.
If you suspect wrongful termination, follow these steps to protect yourself:

Gather evidence: Keep records of communications with your employer, including emails, termination notices, and performance reviews.
Consult a workers' compensation attorney: An lawyer can evaluate your case and advise you on the best course of action.
File a complaint: You may need to file a complaint with the Florida Commission on Human Relations (FCHR) or the Equal Employment Opportunity Commission (EEOC).

Taking these steps promptly can make a significant difference in the outcome of your case. Ensuring you have suitable legal representation can also help you navigate the intricacies of workers' compensation laws in Florida.
Can Your Employer Prevent You from Filing a Workers' Compensation Claim?
Employers may attempt to intimidate or discourage employees from filing a claim. If your employer refuses to process your claim, tries to coerce you into not filing, or punishes you for seeking benefits, they are violating the law. Seeking legal assistance can help ensure your rights are upheld.
Protecting Your Rights as an Injured Worker
Workplace injuries can be life-altering, and the last thing you should worry about is losing your job for seeking rightful benefits. Understanding your rights under workers' compensation laws in Florida can help you make educated decisions and take action if necessary.
Do not navigate the legal process alone if you believe you were wrongfully terminated due to a work injury. At Wenzel Fenton Cabassa, P.A., we offer a free Wrongful Termination eBook to guide you through your rights and legal options. Contact us today for a free case evaluation to ensure your workplace injury does not impact your future more than it already has.
Frequently Asked Questions
What Should You Do If You Get Injured at Work?

Report your injury immediately to your employer.
Seek medical attention from an approved workers' comp provider.
Document everything, including incident reports, medical records, and witness statements.
File a workers' comp claim with the Florida Division of Workers' Compensation.

Can You Be Fired While on Workers' Compensation in Florida?
Yes, but only if the termination is for a lawful reason unrelated to your injury or claim. If you are terminated while receiving workers' compensation, speak to a lawyer to determine if your rights have been violated.
Can My Job Fire Me If I Get Injured Outside of Work?
Yes, in most cases, an employer can release an employee who gets injured outside of work. Florida is an at-will employment state, meaning businesses can fire employees for any reason that is not illegal. However, if your injury qualifies as a disability under the Americans with Disabilities Act (ADA), your boss may be required to provide reasonable accommodations rather than terminate you. Additionally, if you qualify for job protection under the Family and Medical Leave Act (FMLA), you may be entitled to unpaid, job-protected leave while recovering. If you believe your termination was discriminatory, consult an employment attorney to assess your legal options.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Wrongful Termination And Unemployment Benefits: What You Need To Know
Can You Collect Unemployment If You Get Fired?
When employees get fired, it can be a confusing time. Unemployment benefits are there to provide financial assistance to those who qualify, but can you collect unemployment if you get fired? The short answer is: it depends on the circumstances.
Since Florida is an “at-will” state, employers can fire people for all types of reasons or even no reason at all. This is within their rights as long as it is not against Florida statutes or the product of workplace discrimination or other actions protected by federal law. That being said, a frequent reason that employers will fire people is because of misconduct.
If your employer fired you for what they claimed was misconduct, you still might be able to collect unemployment benefits and possibly sue them for wrongful termination. After all, misconduct is not always easily defined; it is often a matter of interpretation and degree. This is particularly true under Florida’s amended Unemployment Compensation Law, which redefined employee misconduct in 2011.
MISCONDUCT AND UNEMPLOYMENT BENEFITS
If you feel that you have been wrongfully terminated, you should consider contacting an unemployment law attorney before seeking unemployment benefits.
Wrongful termination may result from different types of actions, including:

Workers’ Compensation Retaliation
Hostile Work Environments
Sexual Harassment
Age Discrimination
Race Discrimination
Wage and Hour Disputes
Unpaid Overtime
Whistleblowing
Family and Medical Leave
Religious Discrimination

Wrongful termination is serious and not only affects your career, but it also can create financial hardships and have a significant impact on yourself and your family. There are a number of employment laws that provide for serious penalties to employers who break the law.
What Will Disqualify You from Unemployment Benefits?
Regarding misconduct and unemployment benefits, an attorney can help determine if you may have committed misconduct because, as mentioned, it is not always easily definable. What disqualifies you from unemployment benefits can be hard to understand.
At Wenzel Fenton Cabassa, P.A., we have consulted with employees with widely varying reasons for which they have been dismissed. Many of them have resulted from wrongful termination, while others were disqualified from unemployment benefits due to misconduct. Employment lawyers work within the complexities and nuances of employment law every day, this allows us to help determine whether you may have a case against your employer.
For example, if you have been terminated for chronic absenteeism or tardiness, the number and length of absences will be considered, as will the need for your former employer to prove there was no just cause for the absences or that you did not provide sufficient notice.
The same holds true for employers’ rules, which are often not consistently or fairly enforced. Finally, under Florida’s Unemployment Compensation Law, employee misconduct can occur outside of the workplace. But how is “conscious disregard of an employer’s interests” outside of the workplace defined?
Filing an Appeal for Unemployment Benefits
If your former employer claims that you were terminated because of misconduct, you will likely be denied benefits and will have to file an appeal with the Florida Department of Economic Opportunity. Time is of the essence when you are denied unemployment benefits. You only have 20 days to file your appeal, so that is why it could be in your best interest to contact an attorney around the time you file or even before.
Once your request is received, the Office of Appeals will schedule a hearing before an appeals referee. You will be notified when and where the hearing will take place and how you can submit evidence and witness testimony. During the hearing, the referee will review documents, ask questions, and decide on your appeal.
Your former employer will likely be represented by an attorney at the hearing, so it is a good idea to consider representation as well. Their attorney will present the employer’s side of the case, representing their best interests. It is advisable to have an employee rights lawyer so you can make sure all the proper processes are followed and that your rights are represented in the hearing. Your attorney can help you prepare all needed documents and, if possible, can gather expert witnesses on your behalf.
When the hearing ends, the referee will make a decision, and if he/she rules in your favor, you may want to consider talking to your attorney about a wrongful termination suit against your former employer.
Filing a Wrongful Termination Lawsuit
How Long Do You Have to File for Unemployment Benefits?
The standard for determining eligibility for unemployment benefits and the issues involved in making that determination are often very different.
If you are determined to be eligible, under Florida unemployment law, the maximum time for collecting unemployment benefits is capped at 26 weeks. You must have earned a minimum of $3,400 in the base period of your Florida unemployment claim, and your highest quarter wages cannot be more than 1.5x of the entire base period wages.
It is possible you will be awarded benefits, but not have a wrongful termination claim.
It is also possible you may be denied benefits and find that you have a very strong claim that your termination was otherwise unlawful. If the termination was unlawful, you might be able to get your job reinstated, receive wages or benefits that are owed to you, and potentially receive additional damages depending on the circumstances.
You and your attorney will evaluate the facts and law outside the constraints of the “misconduct” standard imposed under the unemployment laws. If you do have a viable basis to challenge your termination, you must follow the procedures of a wrongful termination claim. For example, you will first have to file with the Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR). However, as mentioned above, Florida is an at-will employment state, so even if you were awarded unemployment benefits, your former employer might claim that they fired you for a lawful reason.
Examples of When to File a Wrongful Termination Claim
One example of when you may be able to claim wrongful termination falls under subsection (e) of Florida’s Unemployment Compensation Law—a violation of an employer’s rule. If the employer’s rule is not lawful—for example, it violates the Occupational Safety and Health Administration’s safety rules—then you may be able to prove that you were working under unsafe conditions and move forward with a lawsuit.
Other examples of wrongful termination may involve retaliation from an employer after an employee filed a complaint after they had been dealing with sustained sexual harassment at work over a period of time that included inappropriate sexual comments or touching. It is also not an uncommon occurrence for workers to be targeted for taking time off to have a baby or take care of a sick or injured spouse or another close family member through the Family Medical Leave Act (FMLA).
If you feel that you were unfairly denied unemployment benefits or wrongfully terminated through no fault of your own, it may be in your best interest to contact an unemployment law attorney.
For more information on wrongful termination, please download our free Wrongful Termination: When Firing Is Illegal guide.
CONTACT US IF YOU HAVE EXPERIENCED WRONGFUL TERMINATION
Because we are a contingency law firm, we do not offer representation for unemployment claims – nonetheless, the information we have provided, including our free ebook on wrongful termination, should assist you in filing.  However, if your unemployment situation is a result of wrongful termination, unemployment compensation may not be your only recourse. Contact our law firm to discuss your employment law situation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Wrongful Termination Checklist: 8 Examples of Wrongful Termination to Determine If You Have a Valid Claim
Do you have a valid wrongful termination case?
Have you been fired from your job recently? Do you think it may have been illegal? This wrongful termination checklist will help you to determine if you have a valid claim — and let you know what to do next. If your employer fired you in violation of state, local, and/or federal laws, public policy, or the terms of an employment contract, they need to be held accountable for their actions.   [children_list]
Wrongful Termination Examples
1. A hostile work environment that tolerates sexual harassment
2. Race discrimination
3. Workers’ compensation claim retaliation
4. Age discrimination
5. FMLA violations
6. Wage & hour disputes or unpaid overtime
7. Whistleblower retaliation
8. Pregnancy, religious, or disability discrimination
 

A hostile work environment that tolerates sexual harassment

Sexual harassment is wrong, and it should never be tolerated. If you have been sexually harassed at work and believe that it could be the reason for your firing, you should consult an employee rights attorney as soon as possible.
Sexual harassment is covered under Title VII of the Civil Rights Act of 1964, and it is not only wrong — it is illegal. If you have a valid claim, you may be able to receive back pay from the date of termination to the settlement or verdict, reinstatement to your job (including all pay and benefits) of front pay instead of reinstatement, and potentially receive additional compensatory damages as well.

Race discrimination

All employees should be treated equally and be able to perform their job without harassment or discrimination. Have you witnessed actions or heard comments from an immediate supervisor or boss that would demonstrate a bias against a specific group? If you feel you were wrongfully terminated due to your race (or you object to discrimination against someone else in the workplace based on their race), you may be able to file a charge with the Equal Employment Opportunity Commission (EEOC) as a first step to vindicating your rights.
An employee rights attorney can perform a thorough investigation and in-depth look at the facts and then assist you with the filing of the charge with the EEOC. Again, that filing is the first step of many in a complex litigation process. When seeking legal representation, it is critical to seek counsel as soon as possible and then to work with an attorney that has expertise with discrimination cases.

Workers’ compensation claim retaliation

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Another common example of wrongful termination is retaliation after an employee has filed a workers’ compensation claim or because an employee might file a valid claim. If you have been hurt on the job and were fired after attempting to apply for or actually receiving benefits, because you made that claim for benefits, you may have a claim against your employer.
Florida Labor Code 440.205 states:
“No employer shall discharge, threaten to discharge, intimidate or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the workers’ compensation law.”

Age discrimination

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Have you seen younger workers treated differently when it comes to disciplinary actions? Were they lightly admonished or not admonished at all — and you were fired for the same thing? You may be the victim of age discrimination.
The Age Discrimination in Employment Act (ADEA) protects people 40 years of age and older from age-based discrimination. This includes all aspects of the employment process including interviewing, payroll, benefits, promotions, layoffs, and firing. Older workers have legal rights in the workplace and have the right to hold their employers accountable for their discriminatory actions.

FMLA violations

The federal Family and Medical Leave Act (FMLA) provides for protected leave from work if you meet eligibility requirements and work for a covered employer. Your right to return to your job (and be free from retaliation for taking leave) is as important as the right to take the leave to which you may be entitled. There are certain processes and qualifications to request leave and to return from leave under the Family and Medical Leave Act, but as long as you followed the steps required under the Act, the policies of your employer, and were approved to go on leave, you have significant protections and a righto return to your job.
This type of wrongful termination is not uncommon. If you were fired after you had a baby or were taking care of a loved one and were covered under the FMLA, consult an employee rights attorney as soon as possible. There are statutes of limitations with this type of claim, as well as other types of wrongful termination cases.

Wage & hour disputes or unpaid overtime

Were you trying to fight for unpaid wages, commissions, or overtime and got fired? Wage and hour disputes can be quite complex but know that you have legal protections as an employee and should be able to receive what is lawfully due to you without retaliation.
The Fair Labor Standards Act (FLSA) covers comprehensive issues surrounding wage and hour disputes including those listed in the above paragraph. Any documentation that you have including pay stubs, employment contracts, schedules, and company policies, etc., should be kept to help you prove a claim. The more information you have, the better.

Whistleblower retaliation

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Were you concerned about safety in the workplace and reported OSHA violations — and were then fired? This is one of the prime examples of wrongful termination when it comes to whistleblower retaliation. Were you warned by a supervisor or manager against participating in an investigation into potentially illegal behavior? Know you have legal rights.
Florida’s Private Whistle-blower’s Act provides that it is unlawful for employers to terminate employees for uncovering, objecting to, or reporting violations of state and federal law, rules or regulations. If you have been the victim of an adverse action for reporting illegal activity or refusing to participate in discriminatory conduct — you have the right to recover damages.

Pregnancy, religious, or disability discrimination

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Unfortunately, there are many different types of discrimination that occur in the workplace. If you feel you have been subjected to a wrongful termination due to your pregnancy, religion, or disability, know that employee rights attorneys work hard each day to fight against discrimination and help others just like you through a stressful and difficult time.
Wenzel Fenton Cabassa, P.A. serves and secures justice for employees who have been wronged by employers. We have helped thousands of others just like you and it is important to know that you are not alone. Our diverse attorneys aggressively advocate for your rights.
Contact us today for a free case evaluation. We help employees across Tampa, Orlando, Miami, Sarasota, St. Petersburg, and Jacksonville.
 
More wrongful termination articles:
Wrongful Termination in Florida: What You Need to Know
7 Steps to Dealing with Wrongful Termination
Top 10 FAQs about Workplace Retaliation and Wrongful Termination
What You Need to Know about Wrongful Termination and Unemployment Benefits
Get Your Facts Together: Proving Your Wrongful Termination Case
 

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Wrongful Termination Claims: What to Do When You Are Fired Unfairly
When employers violate employee rights, they should be held accountable. Do you know what to do when you get fired unfairly?
Wrongful termination is, unfortunately, quite prevalent in the state of Florida. Employers often feel emboldened to do whatever they want, even if it means that they violate employment laws. But, workers can and should take certain steps if they have been the victim of wrongful termination.
What to Do If You Believe You Were Unfairly Fired from Your Job
Here is a guide for employees, so you know what to do when you get fired unfairly:
Determine if Your Firing is Considered “Wrongful”

There are clearly circumstances when you may think you have been fired unfairly, but what occurred (while unfair) may not have been against the law. The Department of Labor, and other state and federal government agencies that administer employment laws, have certain requirements for wrongful termination claims, which include being fired:

In violation of state and federal anti-discrimination laws
As retaliation for filing a worker’s compensation claim
After enduring and/or reporting sexual harassment
In violation of written and oral employment agreements
After fighting for unpaid wages or unpaid overtime
After blowing the whistle on illegal behavior or unsafe work environments
Because you lawfully took time off under the Family Medical Leave Act (FMLA)

As you can see, many situations can occur that the legal system considers wrongful termination. Employment law attorneys lead as your legal advocates against employers who violate the law.
Gather Your Documentation

A very important step to take when trying to figure out what to do when you get fired unfairly is to gather any and all documentation you may have associated with what happened, which can include many different types of documentation, such as:

Employee handbooks and other human resources handouts regarding policies
Timesheets, schedules, and pay stubs
Employee contracts and reviews
Documentation of discrimination including dates/persons involved or witnesses, details of actions and conversations/language, locations, and any other relevant information
Relevant photographs or audio recordings (such as images of unsafe work environments or recordings of offensive language)
Relevant emails or memos (such as offensive language or threatening language)
Relevant texts (including inappropriate content of a sexual nature)
FMLA documentation

It is OK if you do not have a lot of documentation at this time. You may have (or be able to get) more than you think. Your employee rights lawyer can guide you through the process of filing a wrongful termination claim and will lead the charge against your employer.
Do Not Delay Contacting an Employment Law Attorney
At Wenzel Fenton Cabassa, P.A., we understand that it can be a very emotional and stressful time after getting fired. You may feel vulnerable and upset about the situation. While you are deciding what to do when you get fired unfairly, you may feel taken advantage of, and you may be very angry. These are natural feelings. But do not delay in contacting an employee rights lawyer. There are statutes of limitations on filing wrongful termination claims. Also, the longer you wait, the more likely that documentation may not be as available to retrieve.
Employment law attorneys know what it takes to fight for workers dealing with the many repercussions of wrongful termination – from emotional to professional to financial. They will work closely with you and help you determine your best legal options moving forward to hold your employer accountable for illegal behavior.
Wenzel Fenton Cabassa, P.A. – Fighting for Justice
As dedicated advocates for employee rights for workers across Florida, we fight for justice to help workers and their families recover and thrive after a wrongful termination. We have an extensive track record in helping employees who are fired unfairly.
Have you been fired after reporting discrimination or retaliation? Have you been fired just because you were trying to get wages and overtime that were owed? With these situations and other areas of employment law violations, we fight aggressively on your behalf against bullying employers.
Depending on the circumstances, you may be able to get your job reinstated, get your back wages and overtime pay, and get additional, significant compensation in awarded damages, among other results. We offer free case evaluations and handle all our cases on a contingency fee basis. Meaning, we are paid a fee only if we obtain compensation for you.
Contact Wenzel Fenton Cabassa, P.A. today to schedule a free case evaluation. We have locations in Tampa, Orlando, St. Petersburg, Miami, West Palm Beach, and Jacksonville for your convenience.




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### Wrongful Termination in Florida: What You Need to Know
Florida, like most of the United States, is an “employment at-will” state. That means your employer can terminate your employment at any time for any reason or no reason as long as you are not terminated for an unlawful reason. Conversely, you, the employee, can quit at any time for any reason or no reason. Many employees hear that and lose any hope of making out a claim for wrongful termination. They assume there’s nothing that can be done.
While it is technically true that employers do have the right to terminate employment at any time, there are exceptions as to who or why they can terminate an employee.
Is your termination or other adverse employment action a basis for a wrongful termination claim?
Situations Which Support a Wrongful Termination Claim

Discriminatory actions.
These are terminations, demotions, or refusals to hire based on race, gender, age, pregnancy, national origin or ethnicity, marital status, color or assumed ethnicity, or disability (or some other specific status protected by law).

Whistleblowing or reporting retaliation.
These are negative employment actions due to the employee or job candidate reporting discrimination or engaging in other protected action.

Refusing to participate.
Sometimes employers terminate employees based on their refusal to participate in sexual advances, harassment, illegal activities, discrimination, and other illegal activities.

Family & Medical Leave.
It is illegal to terminate someone who is on leave which is protected by the Family & Medical Leave (which may include maternity leave) based on the fact that they took leave under the Family & Medical Leave Act.

Overtime wages.
Sometimes employers terminate employees because they owe them overtime wages or because employees have challenged the employer’s failure to pay minimum wages, a requirement that employees work off the clock or improper classification as an exempt employee or an independent contractor. Filing workers’ compensation. Your employer cannot terminate you for filing a workers’ compensation claim.

Statute of Limitations on Wrongful Termination in Florida
If you’ve experienced wrongful termination, you likely need some time to process your firing – but don’t take too much time. The Florida Commission on Human Relations (FCHR) enforces state laws prohibiting discrimination while the Equal Employment Opportunity Commission (EEOC) enforces the federal anti-discrimination laws.
Wrongful termination spans many different kinds of law from employment discrimination to wrongful classification. For each of these types of wrongful termination, there are different statutes of limitations or time limits within which you must file your claim. You should consult an employment attorney who specializes in wrongful termination to find out the specific statutes that apply to your situation.
But one thing is for sure, none of the wrongful termination scenarios have completely open windows of time to file, so deciding how you want to proceed and taking the required action to preserve your claim must be done in a timely matter. Don’t let the calendar decide for you.
How to File a Claim for Wrongful Termination

Since there are so many different situations for wrongful termination, your termination could be initiated in a number of different ways. Most wrongful termination situations will begin with filing a complaint with the EEOC or the FCHR. The EEOC has branch offices in Miami and Tampa and you can file in person, by mail, or by telephone. Learn more here.
Some claims are brought by filing a lawsuit without having to file a charge or otherwise engage in an administrative process. You may have more than one claim- and one of those claims may need to go through the administrative process while you can initiate the other in a separate action. So many variations and so many strategic decisions to make!
While you can file a charge of discrimination on your own (or even file a lawsuit on your own), it’s best to speak with a wrongful termination attorney. You can be assured your employer has attorneys working for it so don’t risk your rights or miss an important opportunity by not fully understanding the nuances of the law.
Wrongful termination is an expansive subject that encompasses a lot of different areas of law. At Wenzel Fenton Cabassa, PA, we’ve compiled an ebook of everything you need to know when facing possible wrongful termination. Access it today for free.”





Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### 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 it’s on the side of the employers, there are still several reasons why you cannot be fired. This is referred to as wrongful termination.
What is Wrongful Termination?
Wrongful termination involves being fired for any of the following reasons:

Discrimination
Whistleblowing
A wage dispute or dispute over unpaid overtime
Breach of Contract
Time off that’s sanctioned by law

You are not subject to wrongful termination if you were fired for lack of productivity or inability to perform the job you were hired for.
Discrimination
Federal law prohibits employers for firing anyone based on sex, sexual orientation, marital status, age (over 40), race, color, national origin, religion, disability, military service, or gender identity (such as a transgendered individual).
Even with these “protected classes” the burden of proof of discrimination usually falls on the employee, so understanding your rights and keeping detailed records are of the utmost importance.
Whistleblowing
If you’ve called attention to illegal activity, or activity that violates company policy, and then you were terminated for it, you may have a case for wrongful termination. The Whistle Blower Protection Act safeguards Federal employees and contractors from such actions. Non-government employees may have the right to sue.
Wage Disputes
If you are in the middle of wage and hour disputes over unpaid wages/overtime with your employer, or if you’ve recently been a part of such disputes, even if they were deliberated in your favor, you may have a wrongful termination complaint. When LinkedIn recently paid out nearly $6 million to its (past and present) employees on a wage dispute, one of the stipulations they agreed to was no retaliation over these payments.
Breach of Contract
If you had an employment contract in which it stipulated you could not be fired under specific conditions, you are not an “at will” employee.
Time Off Sanctioned by Law
There are several forms of time off that are sanctioned by law and an employee cannot be fired for taking time off for these reasons. They include the following kinds of unpaid leave:

Jury Duty
Military Leave – up to 5 years of unpaid leave to serve in the military.
Family Leave – employees working for larger companies may take off up to 12-weeks a year to care for themselves, a relative, a newborn, or practical matters surrounding a family member’s deployment/military service.

These reasons are only examples of situations (there may be others) in which there is a case for a wrongful termination suit.
If you feel you’ve been wrongfully terminated, or have questions regarding your employment rights, contact Wenzel Fenton Cabassa, P.A. today to schedule your free case evaluation at 813-579-2483.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Wrongfully Fired from Your Job? 7 Tips to Help You Recover
Have you been wrongfully fired and are wondering, “What can I do?”
During this challenging time, there are many things you can do to recover, get through it, and get your career back on track. Wrongful termination can not only affect your career, but it can also change you and your family’s life — but you have the power to take action. You may be able to file a claim against your employer with the help of an employee rights attorney and pursue various legal remedies.
7 Tips for Recovering from Wrongful Termination

Keep your actions professional during any stressful situations with your employer.

Emotions can run high during stressful times, and it is important to stay professional. If you have to go back to get your last check, or for any other reason, maintain professional behavior. An employee rights attorney is familiar with dealing these types of situations and will be your advocate if you decide to file a claim.

Consult with an employee rights attorney.

Knowing what to do if you were wrongfully terminated helps to decrease stress and will allow you to make the right decisions. It is critical to talk to an experienced attorney who has worked with many people just like you when it comes to employee rights and getting fired due to workplace discrimination.
Even though Florida is an “at will” state, meaning that an employer can fire an employee for any reason or no reason at all, they cannot violate state, local, and/or federal law. If you feel you were fired due to age, gender, race, disability, or other types of discrimination, you should consult with an employee rights attorney as soon as possible. There are certain statutes of limitations when it comes to filing claims, so don’t procrastinate and lose your opportunity to hold your employer accountable.
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Ask your employer why you were fired.

Information is power. Your employer may not always be very forthcoming in giving you the reasons why you were terminated, but get whatever information you can. If you have any documentation that could be related to why they fired you (performance reviews, schedules, internal memos/emails, etc.) make sure to save them. This documentation could be very valuable to your case.
 

If you are not sure, find out who decided to fire you.

Discovering who decided to terminate your employment could also be very important. Did you have a particular supervisor that made you feel uncomfortable due to remarks about your gender or your age? Did you make a complaint about harassment and were then retaliated against? These are just two examples of situations that may result in a wrongful termination claim.

 

Do not let your employer intimidate you.

Employers can be quite aggressive in a situation that involves a worker being fired. Do not let them intimidate you! They will have a lawyer, if not a team of them, and they may make you feel like you should not file a claim.
If you feel like you have been wrongfully terminated, it is the job of an employee rights attorney to stand up to intimidating employers and fight for your rights as an employee. Beginning the claim process from a place of strength and with the right legal representation is your best chance for getting the best outcome possible.
 

Ask for a severance package.

Consult with your employment lawyer first. If it is decided that this is your best course of action, then your attorney can advise you on strategy for the negotiations of the best package. Not all employees will have this option, but here are some additional tips for strategy in negotiations:

Stay calm during all communications
Do not automatically take the first offer your employer gives you
Make sure to confirm any terms in writing
Negotiate benefits, including dental and medical coverage, into the offer if possible
Do not accept the offer quickly —take the time to think it over

 

Do not procrastinate — take action right away to hold your employer accountable.

During stressful times, it can be hard to deal with tough situations. Sometimes, people will procrastinate because they are anxious and not sure of the outcome. But waiting and not doing anything to resolve a potential case of wrongful termination will not help. It is essential to take action to hold your employer accountable before the statutes of limitations run out — and to get your career back on track.
 
Taking the Next Step to a Brighter Future
These seven tips to help you recover after being fired can be beneficial in reducing stress, making the right decisions for you and your family, and learning about your various legal remedies. Now that you know what to do if you were wrongfully terminated, it is time to take the next step toward a brighter future.
Wenzel Fenton Cabassa, P.A. can help you determine the best course of action and defend your rights on the job against powerful corporations, government employers, or rogue companies. They have their legal teams, and it is vital for you to have an employee rights attorney that is on your side.
We have helped thousands of other employees just like you. Do not let the major disruptions to you and your family’s lives continue. We can evaluate and analyze the facts of your case — helping you to understand your rights and get the justice you deserve.
Depending on your situation, you may be eligible to receive:

Compensatory damages
Reinstatement to your job with all pay and benefits
Back pay from the date of termination to the settlement or verdict
Other types of damages

Contact us today for a free, confidential conversation. You are not alone. We tackle any workplace violation aggressively and with you, and your family, in mind.
For your convenience, we have locations available in Tampa, St. Petersburg, Sarasota, Miami, Orlando, and Jacksonville.
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Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### You’re Fired. But Were You Wrongfully Terminated?
It’s not as clear-cut as you might think.
Your former boss was a petty tyrant who fired you last week for no good reason. You have a history of terrific performance reviews, were never late to work, and always did your best to be courteous to customers and clients. Clearly, what he did was unfair, and you think you’ve got a shot at winning a wrongful termination lawsuit against him. Do you?
Unfortunately, probably not. It’s not easy to win this kind of lawsuit in Florida, largely because there’s no general “wrongful termination” statute here. Florida is what is known as an “at-will” state, which basically means that your employer can fire you for almost any reason, or even no reason at all. If your boss decides he doesn’t like the color of your socks or that he’s tired of you filling the office with the smell of microwave popcorn every afternoon, he’s most likely within his rights to let you go if that’s what he wants to do.
However, workers do have some protection from wrongful termination in Florida. This protection comes from a patchwork of statutes – at both the state and federal level – that are designed to address certain employment-related situations. Specifically, employees in Florida cannot be legally fired for discriminatory reasons, in violation of an employment contract, or in retaliation for exercising one’s rights.
Let’s look at each of these a bit more closely.
Discrimination
It’s illegal to fire an employee because of the employee’s:

age;
race;
sex;
religion;
national origin;
marital status;
citizenship status;
pregnancy;
disability;
AIDS/HIV status;
sickle cell trait; or
genetic information.

Most of these types of discrimination are covered by both state and federal law, although a few of them are only covered by one or the other. But it’s important to remember that these restrictions don’t necessarily apply to all employers.
For example, employers that employ fewer than fifteen people generally aren’t subject to these statutes. (The one exception is citizenship discrimination, which has a minimum size threshold of four employees.)
Note also that there is no prohibition against discriminating on the basis of sexual orientation in Florida.
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Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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#### You’re Not the Problem - It’s Your Job: 6 Signs You’re Dealing with a Hostile Work Environment
Most of us spend more time at work than we do at home – making it feel like a second home. That is why it is essential to have a healthy and happy working environment when possible. Sure, there are ups and downs in any job, but dealing with a hostile environment at work can have a devastating impact on your mood, health, and life outside of work.
When trying to determine if you are dealing with a hostile work environment which may support a claim against your employer, it is important to understand the elements of a valid claim. Just because you think your boss is a jerk or you do not like the people you work with does not mean you are dealing with an actionable hostile work environment. To have a valid claim, you must prove the hostility you are facing while at work is due to a protected characteristic or class or involved hostility directed at you because you engaged in a protected activity, such as:

Sex
Race
Age
Religion
Disability or handicap

If you’re overwhelmed, upset, and stressed out because of work, it may not be you. Here are six signs to help you determine if you’re dealing with a hostile work environment and what you can do to fix the problem.

6 Signs of a Hostile Work Environment

Your Boss Makes Inappropriate Sexual Comments or Advances

Sexual harassment is against the law. If your boss has been making inappropriate sexual jokes, gestures, or other unacceptable behaviors, this can create a hostile work environment. Whether you work in a restaurant, office, retail store or otherwise, you should take action and consult an employment law attorney.

You’ve Been Punished Because You Filed a Workers’ Compensation Claim

It is not uncommon for employers to retaliate against employees after a workers’ compensation claim is filed. Have you been demoted or fired? Did your employer add extra duties like heavy lifting or other labor that wasn’t a part of your job before you filed a claim?

You Didn’t Receive a Promotion Because You’re “Too Old”

Age discrimination is an unfortunate reality. The Age Discrimination in Employment Act (ADEA) protects people 40 years of age and older from age-based discrimination. The ADEA covers discrimination throughout the hiring process, as well as with benefits, RIFs (Reduction in Force), forced early retirement, compensation, and more. Have you been consistently bullied at work because of your age? This may also create a hostile work environment.

You Were Harassed or Demoted Because of Your Race

Racism is not only morally wrong — it is illegal in the workplace. You don’t have to fight alone. If you have been harassed on the job, demoted, or otherwise punished because of your race, color, creed, or national origin, experienced employment law attorneys can help. Race discrimination in the workplace is illegal under State and Federal law. The Federal law is enforced by the Equal Employment Opportunity Commission (EEOC).

You Are Getting Bullied Because of Your Religion

Freedom of religion is protected by the First Amendment of the Constitution and anti-discrimination statutes. Employers are not allowed to make you wear clothing that is against your religion, berate you because of your belief, or discriminate against you in promotions, health insurance, wages and all areas of employment.

You Have Been Punished or Harassed After Reporting Unlawful Activity

Whistleblowers are protected under Florida’s Private Whistle-blower’s Act and many other laws, such as The Fair Labor Standards Act (FLSA), Title VII and other anti-discrimination laws, and the Occupational Safety and Health Act (OSHA). This means that it is unlawful for employers to terminate employees for uncovering, objecting to, or reporting violations of state and federal law. If an employer has retaliated against you for reporting illegal labor practices, safety violations, or because you have participated in an investigation, consult an experienced employment law attorney today.
At Wenzel Fenton Cabassa, P.A., we are by your side throughout the entire process of filing and litigating a hostile work environment claim. Contact us today to fight for justice, uphold your rights, and hold your employer accountable for their unacceptable and unlawful behavior. Following your free initial case evaluation, we take immediate action in getting to know the facts of your case.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.

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#### Your Company’s Confidentiality Policy May Violate Federal Law
T-Mobile’s Confidentiality Agreement is called into question
Some companies have policies that prohibit employees from discussing internal investigations. Such policies are meant to protect employers. But they may violate employee rights outlined by federal law.
The National Labor Relations Board recently said T-Mobile should not have required employees to sign a confidentiality agreement that prohibited them from discussing a company investigation. Specifically, the agreement said:
“Employees should maintain the confidentiality of the names of the employees involved in the investigations, whether as complainants, subjects or witnesses, throughout the pendency of the investigation, and you should only disclose such information to T-Mobile Corporate Investigators, Human Resources personnel or counsel for T-Mobile, unless permitted by law. You should keep confidential all communications between you and the lnvestigator(s) concerning this matter throughout the pendency of this investigation unless permitted by law.”
The opposition stems from a sexual harassment complaint filed by a T-Mobile employee in Maine. Angela Agganis of Waterville, Maine filed a complaint against the company on October 9th, 2015 with the U.S. District Court in Portland. Agganis’ case against T-Mobile included her accusation of the company subjecting her to a hostile work environment based on her gender, and statements against her male supervisor who was responsible for what she describes as unlawful treatment to include violations of the company’s “no-touching” policy and other incidences that threatened her ability to perform the job and/or caused her to miss work.
In order for Agganis to file a claim, she was also required to file a confidentiality agreement and would be disciplined by the company if she failed to follow these terms. After Agganis signed the agreement, she left the company due to T-Mobile’s failure to provide a safe environment following the harassment and fear of retaliation from her supervisor. T-Mobile must provide a statement to this claim within a month of the complaint.
In response to the to T-Mobile’s confidentiality agreement, the Communication Workers of America filed an unfair labor practice charge. In August, a National Labor Relations Board judge ruled that the policy requiring the agreements at T-Mobile violated U.S. labor laws.
This policy violates the National Labor Relation Act, the judge ruled, because the agreement could be construed as preventing employees from talking about matters that concern the terms and conditions of their employment. That is protected activity under Section 7 of the NLRA.
In addition to this ruling, 20 lawmakers also wrote a letter to T-Mobile’s parent company in Germany, Deutsche Telekom, expressing concerns over the treatment of workers in the United States. The letter reads:
“Your July 14th response to the letter that we sent you on June 29th seemed to indicate that you are not taking this issue seriously, so we were seeking additional information about your familiarity with the American legal issues at stake with your politics and practices regarding labor complaints.”
The concerns about T-Mobile’s treatment of employees extends past the company policy. In a 2014 trial in Kansas, T-Mobile admitted that it had developed a system to monitor for potential union activity and respond by deterring attempts at unionization. The regional National Labor Relations Board found four separate instances where T-Mobile managers had unlawfully discouraged union activities within the company.
In cases of employee rights, some major companies are in need of more scrutinizing attention when it comes to good management practices and policies. What’s good for both the employee and employer is even better for the community.
Do you believe you or someone you know has been wronged in the workplace? Entrust your case to the employee rights experts at Wenzel Fenton Cabassa, P.A., where the worker comes first. Contact us today.
 
SOURCES:
Waterville woman sues T-Mobile over harassment
T-Mobile Workers Say the Company Repeatedly Engaged in Union Busting




Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.


    

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At Wenzel Fenton Cabassa, P.A., we represent Florida employees who were not paid overtime wages.  You can use our Florida Overtime Calculator to determine what rights may have been violated at your current job, or at any former employer within the past 3 years, and help you recover money owed.

Use our Florida Overtime Calculator, then contact us regarding your wages due.

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At Wenzel Fenton Cabassa, P.A., we recognize the power that employers have over employees and the injustices that occur when that power is abused; we are relentless in our mission to balance that power and secure justice for Florida employees facing mistreatment.

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We Defend Employees - Not Employers

With over 200 years of combined experience, we founded our law firm to level the playing field, standing up to employers and their lawyers, no matter the size of the company, and fighting relentlessly to protect employee rights. 

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When employees want workplace justice, they call us. We’re the employees’ law firm - a tireless legal team fighting for your rights

What Our Clients Say

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About Our Firm

Our path to protecting the rights of Florida workers began in the 1990s, when employee rights were rapidly changing. Employees were finally awarded the right to trial by jury in employment cases. At the forefront of the newly created jury trial movement was Steven Wenzel, who, while working in the corporate world as both an executive and a trial lawyer, observed that employers always seemed to have the upper hand in employment law disputes. 

Mr. Wenzel wanted to give employees a strong voice, so he left his corporate practice to start his own law firm.  Soon thereafter, Mr. Wenzel met Matthew Fenton while he was clerking for a federal judge and observing the imbalance of power between employers and employees play out in the courtroom, where he witnessed the big firm corporate attorneys representing the employers often getting better results over the outmatched attorneys representing the employees. Rather than join a large corporate firm like most lawyers leaving a federal clerkship, Mr. Fenton united with Mr. Wenzel and joined in the fight for employee rights. 

Luis A. Cabassa, a well-respected litigator and co-chair with Mr. Fenton of the Labor and Employment section of the Hillsborough County Bar, had a genuine passion for representing employees.  Mr. Cabassa wanted to take what he had learned about representing employers while working for a well-respected employer-side boutique law firm and apply that knowledge and insight to help employees.  Mr. Cabassa joined forces with Mr. Wenzel to create a powerful law firm dedicated to helping workers get the justice they deserve.

Because of the firm's success in those early days, demand for our services grew.  We have grown the firm very carefully, adding lawyers with a shared dedication to hard work, fierce advocacy, and ethical representation. The same is true with our staff, who have been with us for several years.  We are proud of our award-winning, hardworking team of warriors dedicated to workplace justice.  Wenzel Fenton Cabassa, P.A., has grown into a statewide firm with resources to take on any size employer while still developing a close relationship with our clients.

Our Leadership

Our path to protecting the rights of Florida workers began in the 1990s when employee rights were rapidly changing. Employees were finally allowed the right to trial by jury in employment cases.

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WORKPLACE ISSUES AFFECT FAMILIES

Most families rely on a regular paycheck. But we understand that your job is more than just a paycheck. It is part of who you are and what you do. With a significant amount of your life spent at the workplace, you have to sacrifice time with your family, which can take a toll. When issues arise in the workplace, from discrimination to unpaid wages, it can have both an emotional and financial effect on both you and your family. We understand you are experiencing a tough time and want you to know you are not alone.

Bad things happen to good employees. But no matter how skilled you are at your job or the recognition you receive, anyone can become a victim of illegal workplace actions. Employers are looking out for their best interests, and at Wenzel Fenton Cabassa, P.A., we are working hard for yours.

WHAT IT’S LIKE WORKING WITH OUR FIRM

At Wenzel Fenton Cabassa, P.A., we have developed and refined a specific process when contacting a potential client about a case.  Because we have a well-trained team, most of whom have been with us for several years, the interplay between our New Client team and our lawyers is well-orchestrated and seamless.  We have seen virtually every fact pattern imaginable in the workplace, and our New Client team knows the right questions to ask to get to the heart of the factual and legal issues presented by a potential client contacting our firm.  We may contact you several times to collect all of the necessary information that will allow us to determine whether our firm can assist you. 

View Our Process

 WE ARE A CONTINGENCY LAW FIRM

We understand that people who have lost their jobs cannot usually pay an attorney.  And we believe in ourselves and our ability to secure a recovery for our clients.  That is why we handle our cases on a contingency fee basis, meaning we are paid only if we obtain compensation for you.  It’s that simple.  

“No win, no pay!“

When you contact our firm to discuss your case, there is no risk or obligation. We take the time to listen and review the details of your case. 

Victims of illegal behavior in the workplace who seek out our firm can have confidence and peace of mind, knowing that we will work diligently to protect their rights and advocate for them in court.

Take Action Now!

The longer you delay contacting an attorney, the more time you lose to file a claim. Your statute of limitations is always running, especially if you have been terminated, so time is of the essence in employment disputes. 

Protect your workplace rights! We are here to fight for you and hold employers accountable for their illegal actions.

#### PINELLAS COUNTY FMLA LAWYERS
When you are having a baby or need to take care of a seriously ill loved one, you should be able to take time off of work without facing retaliation or discrimination. An FMLA lawyer in Pinellas County can help.

Family medical leave is a right given to most employees across Pinellas County, the state, and the country by the federal government. If your employer is violating the FMLA, know that an FMLA lawyer in Pinellas County has the expertise you need to get justice and a fair resolution to your case.

Contact Wenzel Fenton Cabassa, P.A. Our employment law attorneys fight hard to hold your employer accountable as tough legal advocates for employees. We are here to help.

FMLA VIOLATIONS ATTORNEY ON YOUR SIDE

Employers will often intimidate, harass, and even threaten employees to stop them from filing a complaint about FMLA violations. But know this: the law – and your FMLA violations attorney – are on your side. They have their own lawyer – you should too.

A skilled FMLA lawyer in Pinellas County will take action to represent your case and fight for the justice you deserve. These actions include, but are not limited to:

taking the lead in dealing with bullying employers,

develop a strong, detailed case,

ensure each step of the process is performed correctly,

negotiate forcefully for your rights to a fair resolution, and, if necessary,

represent your interests in court

TYPES OF FMLA VIOLATIONS IN PINELLAS COUNTY

Employers take various types of actions that may be considered FMLA violations. An FMLA attorney in Pinellas County can help with:

Discrimination — treating an employee differently for taking FMLA leave, such as implementing a reduction in pay, changing to a difficult schedule that other employees do not have to work, adding new job duties not in the job description as a punitive measure, not providing equal access to training important for getting promotions, and not providing reasonable accommodations

Demotion — placing an employee in a lower-level position when they come back to work after taking FMLA leave

Termination — firing an employee during any part of the FMLA process, either when they request and/or are granted approval, during their time off work, or when they come back from work after taking FMLA leave

FMLA lawyers in Pinellas County also help with pregnancy discrimination. Employees have many rights under federal and state law against discrimination and other employee rights violations.

WHO IS COVERED BY FMLA?

For an employee to be covered by FMLA, they must work for an employer with at least 50 employees within 75 miles of the employee’s worksite for at least 20 weeks in the current or previous year. Employees must also have been with the employer for at least one year, working at least 1,250 hours during the previous year.

The Family Medical Leave Act also has certain qualifying reasons for leave under the FMLA:

The birth of a child and to bond with the newborn child within one year of birth.

The placement with the employee of a child for adoption or foster care and to bond with the newly placed child within one year of placement.

A serious health condition that makes the employee unable to perform the functions of his or her job.

To care for the employee’s spouse, son, daughter, or parent who has a serious health condition.

Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on covered active duty.

The standard is up to 12 weeks of unpaid leave per year. However, the FMLA allows for an eligible employee to also take up to 26 workweeks of FMLA leave in a single 12-month period to care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the servicemember (military caregiver leave).

WHAT TO DO IF YOUR RIGHTS WERE VIOLATED

If you have been the victim of an FMLA rights violation in Pinellas County, working with an FMLA lawyer is important to get the best outcome possible. Take action right away. Your statute of limitations may be running out.

At Wenzel Fenton Cabassa P.A., we have extensive expertise and decades of experience standing up for employee rights and holding employers accountable when they break the law.

Contact our Pinellas County FMLA lawyers for a free, confidential case evaluation today.

ST. PETERSBURG, FL OFFICE

By Appointment Only

Wenzel Fenton Cabassa, P.A.360 Central Avenue, Suite 800St. Petersburg, FL 33701

Phone: 727-513-8925

Related Posts

#### PINELLAS COUNTY UNPAID WAGES AND OVERTIME LAWYERS
If you are dealing with unpaid wages, worrying and stressing out about how to get your hard-earned money, getting overwhelmed, and not sure what to do, a Pinellas County unpaid wages attorney can help. You do not have to fight your employer on your own. Wage theft is all too common in Pinellas County, and our experts know what to do and how to build a strong case.

Many workers suffer from wage theft yearly. When the Pinellas County Board of Commissioners passed the Wage Theft and Recovery Ordinance in 2016, the county was listed third in the state for wage theft. Since the passing of the ordinance, there has been an increase in wage theft claims every year, with nearly 550 claims as of 2020 valued at approximately $1,428,000.

Schedule your confidential consultation today. Our Pinellas County wage theft attorneys fight hard to get what you are rightfully owed.

WAGE THEFT ATTORNEYS REPRESENTING EMPLOYEES – NOT EMPLOYERS

Employers often feel they hold all the power in a wage theft case, but they do not. Wage theft attorneys represent employees, providing them with formidable skills and experience to stand up to employers taking advantage of their workers to benefit their own pockets.

In wage theft cases, employers will bully, harass, and even threaten their employees if they attempt to get their fair pay. They will often have an attorney, and you deserve to have skilled legal protection of your own. Wage theft attorneys defend their client’s rights aggressively, leading as legal advocates at each step of the process.

TYPES OF WAGE THEFT IN PINELLAS COUNTY

Wage theft comes in many forms. Employers can take action not to pay these types of wages in full or decide not to pay them at all.

Overtime pay — employees who are qualified to receive overtime and work more than 40 hours in a workweek should be paid one and a half times their standard hourly wage. An unpaid overtime attorney can help.

Minimum wage violations — employees must be paid at least the Florida minimum wage ($10.00/hour, not the federal minimum wage of $7.25/hour); tipped employees must be paid at least $6.98/hour.

Working off the clock — employees should not be asked to work before or after they clock out, including during break time and lunches.

Employee misclassification — employees have the right to certain benefits, including having their employer pay payroll taxes. Employers may misclassify an employee as an independent contractor to benefit their bottom line.

Not being paid at all — employees are legally owed payment for all hours they have worked, including the last paycheck when the employee leaves the company.

Not being paid bonuses and commissions — employees who have contracts or agreements and conditions of employment that provide bonuses and commissions are rightfully owed those earned funds as per the parameters agreed upon by employee and employer.

At Wenzel Fenton Cabassa, P.A., our Pinellas County unpaid wages attorneys have the comprehensive knowledge and skills to help employees get the compensation they deserve for varying types of wage theft.

Note: The Florida minimum wage is slated to increase to $11.00/hour in September 2022 and incrementally increase each year through 2026. It is not uncommon for Florida employers to pay employees according to the federal standard of $7.25, not the state standard minimum wage, which is unlawful.

WHAT IS THE STATUTE OF LIMITATIONS FOR WAGE THEFT DISPUTES?

The Pinellas County Office of Human Rights, the county’s administrator for wage theft disputes, requires signed claims for wage theft to be filed no later than one (1) year after the last date upon which the employee performed the work for an employer.

HOW A PINELLAS COUNTY UNPAID WAGES ATTORNEY CAN HELP

If you have been the victim of wage theft, a Pinellas County unpaid wages attorney can help by building a strong case against your employer, ensuring all documentation and claims are filed appropriately, and advocating aggressively on your behalf during the conciliation process and, if necessary, in court.

At Wenzel Fenton Cabassa, P.A., we are the employee’s lawyers, fighting for justice on behalf of employees across industries – from healthcare, IT, and hospitality to sales, corporate office, retail, and many others. We care about the employees and families of Pinellas County and work diligently to help you get your fair pay.

Contact us for a free, confidential case evaluation today.

ST. PETERSBURG, FL OFFICE

By Appointment Only

Wenzel Fenton Cabassa, P.A.360 Central Avenue, Suite 800St. Petersburg, FL 33701

Phone: 727-513-8925

Related Posts

#### Privacy Policy
This privacy policy applies to information collected online from users of this website. In this policy, you can learn what kind of information we collect, when and how we might use that information, how we protect the information, and the choices you have with respect to your personal information.

WHAT PERSONAL INFORMATION IS COLLECTED THROUGH THIS WEBSITE AND HOW IS IT USED?

We collect information about our users in three ways: directly from the user, from our Web server logs and through cookies. We use the information primarily to provide you with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to you. We don’t share any of the information you provide with others, unless we say so in this Privacy Policy, or when we believe in good faith that the law requires it.

User-supplied information: If you fill out the contact form on this website, we will ask you to provide some personal information (such as e-mail address, name, phone number and state). We only require that you provide an e-mail address on the contact form. Further, if chat is available through this site, you may be asked to provide information if you participate in an online chat. Please do not submit any confidential, proprietary or sensitive personally identifiable information (e.g. Social Security Number; date of birth; drivers license number; or credit card, bank account or other financial information) (collectively, “Sensitive Information”). If you submit any Sensitive Information, you do so at your own risk and we will not be liable to you or responsible for consequences of your submission.

Information that you provide to us through the contact form or an online chat will be used so that we may respond to your inquiry. We may also use information you provide to us to communicate with you in the future. If you do not wish to receive such communications, you may opt out (unsubscribe) as described below.

Web server logs: When you visit our website, we may track information about your visit and store that information in web server logs, which are records of the activities on our sites. The servers automatically capture and save the information electronically. Examples of the information we may collect include:

your unique Internet protocol address;

the name of your unique Internet service provider;

the town/city, county/state and country from which you access our website;

the kind of browser or computer you use;

the number of links you click within the site;

the date and time of your visit;

the web page from which you arrived to our site;

the pages you viewed on the site; and

certain searches/queries that you conducted via our website(s).

The information we collect in web server logs helps us administer the site, analyze its usage, protect the website and its content from inappropriate use and improve the user’s experience.

Cookies: In order to offer and provide a customized and personal service, our websites and applications may use cookies to store and help track information about you. Cookies are simply small pieces of data that are sent to your browser from a Web server and stored on your computer’s hard drive. We use cookies to help remind us who you are and to help you navigate our sites during your visits. Cookies allow us to save passwords and preferences for you so you won’t have to re-enter them each time you visit.

The use of cookies is relatively standard. Most browsers are initially set up to accept cookies. However, if you prefer, you can set your browser to either notify you when you receive a cookie, or to refuse to accept cookies. You should understand that some features of many sites may not function properly if you don’t accept cookies.

HOW IS PERSONAL INFORMATION PROTECTED?

We take certain appropriate security measures to help protect your personal information from accidental loss and from unauthorized access, use or disclosure. However, we cannot guarantee that unauthorized persons will always be unable to defeat our security measures.

WHO HAS ACCESS TO THE INFORMATION?

We will not sell, rent, or lease mailing lists or other user data to others, and we will not make your personal information available to any unaffiliated parties, except as follows:

to agents, website vendors and/or contractors who may use it on our behalf or in connection with their relationship with us;

if we are unable to assist with your matter, but know an unaffiliated attorney or firm that may be able to help you, we may refer you and share information you provided us with that party; and

as required by law, in a matter of public safety or policy, as needed in connection with the transfer of our business assets (for example, if we are acquired by another firm or if we are liquidated during bankruptcy proceedings), or if we believe in good faith that sharing the data is necessary to protect our rights or property.

HOW CAN I CORRECT, AMEND OR DELETE MY PERSONAL INFORMATION AND/OR OPT OUT OF FUTURE COMMUNICATIONS?

You may opt out of any future contacts from us at any time. Contact us via the phone number, contact form or mailing address on our website at any time to:

see what data we have about you, if any;

change/correct any data we have about you;

ask us to delete any data we have about you; and/or

opt out of future communications from us.

If you have any additional questions or concerns about this privacy policy, please contact us via the phone number, contact form or mailing address listed on this website. If our information practices change in a significant way, we will post the policy changes here.

Effective March 1, 2012

#### Questions & Answers
Q&A FOR COMMON EMPLOYMENT LAW CASES

#### Tampa Employment Lawyers Who ONLY Represent Employees
https://www.youtube.com/watch?v=RqqZ71PIa3o

When employees want workplace justice, they call us. We’re the employee’s law firm— a tireless legal team fighting for your rights.

Contact us today for a free, confidential case evaluation. There is no obligation, and we do not get paid unless you win.

What Our Clients Say

#### Testimonials
Testimonials

OUR GOAL IS THE BEST POSSIBLE OUTCOME FORYOUR EMPLOYMENT SITUATION

Get the best lawyer to help you with your situation. When selecting an employment attorney, you want someone who will represent you professionally and fight aggressively for you against the well-funded employer. You need someone you can trust. At Wenzel Fenton Cabassa, P.A. we’ve helped thousands of clients get the damages they deserved. Here’s what some of them have to say about working with us.

#### Thank You
Thank You For Trusting Us With Your Legal Issue

Want to Expedite the Process?

Provide additional details to help us process your case faster.

EXPEDITE NOW

Fill out our secure intake form online from your computer or smartphone. It's quick, easy, and helps us get started on your case right away.

Understand Our Case Process

Want to learn how it all works? We've got you covered.

Our case process

Explore the steps we’ll take to handle your case effectively and what you can expect from us.

Your Story Matters

We know there’s more to your story than what you shared in the short form. If you'd like to provide additional details, fill out our intake form online. Once submitted, your information will be reviewed promptly by an attorney.

If you have urgent questions, call us at (813) 579-2483.

Legal Disclaimer

Please note, this firm does not currently represent you. Representation will only be established through a signed agreement between you and the firm.

#### Thank You #2
Thank you for Contacting Wenzel Fenton Cabassa, P.A. regarding your legal issue

We consider it a great privilege that you would choose to contact us and we look forward to serving you. 

One thing we have learned through the years is that our clients know more than anybody else about what caused them to seek legal assistance. We have also learned that people generally do not enjoy filling out forms. We have, therefore, tried to keep our form as simple as possible. But we also know that there is more to your story than you were able to share in the short form that you filled out – and that we want to hear the long story if you want to share it with us.

If you would like to share more information and help us expedite the processing by completing the intake form then simply click below:

EXPEDITE NOW

You can fill it out online from your computer or smartphone. You don’t have to print anything or mess around with a fax machine or a scanner. Because we want to help you make the very best decisions about your legal issues, we ask that you fill out all of the information as fully and accurately as possible. Your executed questionnaire, along with any documents you submit, will promptly be reviewed by an attorney with our firm. Our office will be contacting you shortly, but if you would like to speak with one of our team members right away, you can call us at (813) 579-2483.

Please be advised, this firm does not presently represent you and shall not be considered to be representing you unless you are offered a contractual agreement which is subsequently executed by both you and the firm.

Case Proccess

#### Website Feedback
URL: https://www.wenzelfenton.com/website-feedback/

#### Wenzel Fenton Cabassa, PA Sirviendo Casos de habla hispana
Cuando tus derechos son violados en el trabajo, mereces justicia. Un abogado de derechos de los empleados puede ayudar. Wenzel Fenton Cabassa, P.A., se dedica a representar los intereses de los empleados de Florida y brinda servicios legales para una amplia variedad de violaciones de los derechos de los empleados.

Cuando necesite un abogado que hable español, estamos aquí para ayudarlo y trabajaremos agresivamente para responsabilizar a su empleador por acciones ilegales. Tenemos la experiencia y los conocimientos para ayudarlo a recibir el mejor resultado posible en su caso.

Las violaciones de los derechos de los empleados pueden ocurrirles a los trabajadores de muchas industrias, desde el comercio minorista, la hospitalidad hasta la ley de Ausencia Familiar y Médica. Puede ocurrirle a hombres y mujeres de todas las edades. Cuando enfrenta una injusticia en el lugar de trabajo, estamos aquí para ayudarlo.

POR QUÉ WENZEL FENTON CABASSA, P.A. PARA TU CASO?

Hemos ayudado a miles de clientes en todo el estado a obtener la compensación que necesitan. Somos considerados una firma de abogados confiable y de dinámica que brinda orientación y asistencia durante todo el proceso.

Todo comienza con la comunicación. Contamos con un equipo de personal de apoyo que habla español con fluidez, y Luis Cabassa es un abogado de habla hispana que escuchará atentamente sus inquietudes y se asegurará de que tenga la información que necesita en cada paso del camino. Los asuntos legales pueden ser muy complejos, y él conoce las preguntas correctas para obtener la información que necesita para el desarrollo de un caso sólido. El Sr. Cabassa trabaja agresivamente por su justicia y tiene las habilidades para hacer frente a los poderosos empleadores que discriminan, acosan o violan los derechos de sus empleados.

Con amplios conocimientos, capacidad y habilidades en derecho laboral, contamos con una amplia variedad de servicios legales cuando necesita un abogado que hable español.

ÁREAS DE PRÁCTICA

Despido Injustificado

Horas extra no pagadas

Ambiente de trabajo hostil

Ley de Ausencia Familiar y Médica

Las Represalias

Discriminación

Contratos y Acuerdos de Trabajo

Disputas de pago

Mediación de la Comisión para la Igualdad de Oportunidades en el Empleo (EEOC)

Violaciones de la Ley de informe justo de Crédito (FCRA)

Seguro médico COBRA

Ley de Protección al Consumidor de Teléfonos (TCPA)

Qui Tam (Denunciante)

CUALQUIER PERSONA PUEDE CONVERTIRSE EN VÍCTIMA DE ACCIONES ILEGALES EN EL LUGAR DE TRABAJO

Cuando los empleados quieren justicia en el lugar de trabajo, nos llaman. Somos el bufete de abogados del empleado: un equipo legal incansable que lucha por sus derechos.

Creemos que todos tienen derecho a trabajar en un ambiente saludable y seguro libre de discriminación y acoso. Creemos que todos tienen derecho a un pago justo por el trabajo duro. Defendemos a los empleados, no a los empleadores. En tiempos difíciles, sepa que no está solo. Estamos aquí para ayudar.

EN QUÉ NOS DIFERENCIAMOS DE OTROS BUFETES DE ABOGADOS

Construimos relaciones profesionales sólidas con nuestros clientes de habla hispana basadas en la confianza y el respeto. Honramos las tradiciones y la cultura de la comunidad hispana y trabajamos diligentemente para brindar una experiencia excepcional en cada paso del camino.

Cualquier asunto legal puede ser desafiante. Especialmente cuando su capacidad de mantener a su familia se ve comprometida debido a una injusticia en el lugar de trabajo, puede ser muy estresante y frustrante. El Sr. Cabassa y el resto de nuestro equipo profesional lo entienden. Intervenimos y estamos a la altura de ese desafío para ayudarlo a obtener la compensación que se merece.

Nuestro bufete de abogados comprende lo importante que es para nuestros clientes sentirse seguros y cómodos con sus abogados. Escuchamos atentamente sus inquietudes para asegurarnos de obtener una imagen completa de lo que sucedió. Cuando trabaje con un abogado de habla hispana experimentado y dedicado en Wenzel Fenton Cabassa, P.A., tendrá la tranquilidad que necesita al saber que sus derechos como empleado serán defendidos de manera adecuada y agresiva en la búsqueda de la justicia.

NUESTRA EXPERIENCIA CON CLIENTES DE HABLA HISPANA

Siempre trabajamos duro para obtener los mejores resultados para cada cliente. Desde el momento en que nuestros clientes de habla hispana ingresan a la oficina hasta que obtenemos una resolución a su caso, nos comunicamos y brindamos una experiencia excepcional.

CÓMO LUIS CABASSA PUEDE GANAR SU CASO

El Sr. Cabassa ha manejado más de 500 demandas de derecho laboral que involucran todas las formas de discriminación, acoso, represalias, incumplimiento de contrato, salarios no pagados, pago inadecuado y violaciones de la ley de Ausencia Familiar y Médica

en tribunales federales y estatales en Florida y en todo el país.

Es un abogado agresivo que tiene la habilidad de analizar su caso para determinar la mejor estrategia para obtener la compensación que merece. Entiende la complejidad del derecho laboral y cómo desarrollar un caso sólido. Además, tiene una gran habilidad para enfrentarse a empleadores poderosos (y su equipo legal) para defender sus derechos a una resolución adecuada. Es excelente para negociar acuerdos y tiene poderosas habilidades en la sala del tribunal, si es necesario, en su caso. El Sr. Cabassa se preocupa por sus clientes y se dedica a luchar por la justicia para sus clientes de habla hispana.

HA SIDO OBJETO DE DISCRIMINACIÓN EN EL TRABAJO?

Los empleados de Florida tienen protecciones desde el comienzo del proceso de contratación en todos los aspectos del trabajo. Esto incluye la protección contra el acoso, como difamaciones raciales, insultos raciales, bromas raciales y amenazas físicas o violencia. Los empleados también tienen protecciones legales contra las represalias, que pueden incluir un descenso de posición, una reducción de horas o de pago, suspensión, denegación de un ascenso o despido si se ha quejado de discriminación racial. Luis Cabassa es un abogado de discriminación que utilizará poderosas leyes estatales y federales como la Ley de Derechos Civiles de Florida (FCRA) y el Título VII de la Ley de Derechos Civiles de 1964 para obtener justicia.

SE HAN VIOLADO SUS DERECHOS FMLA?

Según la FMLA, los empleados calificados son elegibles para hasta 12 semanas de licencia FMLA sin temor a represalias o discriminación. Esta ley federal le permite tomar tiempo libre para el parto, el cuidado inicial de un recién nacido, la adopción, o el cuidado de un familiar inmediato con una condición médica grave. Luis Cabassa también es abogado de FMLA y entiende la importancia de cuidar a la familia. Cuando corresponde, utiliza todo el poder de la  ley de Ausencia Familiar y Médica para responsabilizar a los empleadores por violar la ley.

TIENE HORAS EXTRAS NO PAGADAS O SALARIOS A LOS QUE TIENE DERECHO SEGÚN LA LEY?

Todos merecen recibir un pago justo por su arduo trabajo. Desafortunadamente, los empleadores a menudo se aprovechan de los empleados al no pagar las horas extra adecuadas, el salario mínimo de Florida u otras violaciones salariales. Es posible que le exijan trabajar durante los descansos o antes o después de su turno de trabajo programado sin remuneración. También pueden negarse a pagar las bonificaciones o comisiones correspondientes acordadas en virtud del contrato. Sr. Cabassa cree firmemente en el salario justo. Cuando corresponde, aprovecha la Ley Federal de Normas Laborales Justas (FLSA, por sus siglas en inglés) para que sus clientes de habla hispana obtengan la compensación a la que tienen derecho según la ley federal.

Firma de abogados galardonada

ESTÁ LIDIANDO CON UN AMBIENTE DE TRABAJO HOSTIL?

“Ambiente de trabajo hostil” es un término que describe un lugar de trabajo donde un empleado (o grupo de empleados) está sujeto a discriminación, comentarios ofensivos, intimidación o insinuaciones sexuales no deseadas, lo que crea una atmósfera opresiva e intimidante en la que el empleado puede incluso tener miedo de ir a trabajar por el comportamiento del acosador. Esto puede ser causado por un supervisor, otro empleado (o grupo de empleados), un compañero de trabajo, un contratista o alguien que no es empleado. No todas las conductas hostiles o abusivas están protegidas por la ley, pero gran parte de ellas sí. Esto incluye discriminación o acoso en el lugar de trabajo debido a:

Sexo, género, raza o edad

Afiliación religiosa

Discapacidad

Embarazo

Denuncia de irregularidades

Acoso sexual

Presentación de reclamos de compensación para trabajadores

El Sr. Cabassa es un fuerte defensor de los clientes cuando han estado sujetos a un ambiente de trabajo hostil. Cuando corresponda, utilizará leyes como el Título VII de la Ley de Derechos Civiles y la Ley de Discriminación por Edad en el Empleo (ADEA) para obtener justicia.

CREE QUE HA SIDO VÍCTIMA DE UN DESPIDO INJUSTIFICADO?

A pesar de que Florida es un estado “a voluntad”, los empleados todavía tienen fuertes protecciones. El despido injustificado en Florida puede causar un trauma emocional, estrés financiero innecesario y grandes interrupciones en las necesidades diarias de usted y su familia. Incluso puede tener efectos duraderos en su carrera. El despido injustificado puede incluir represalias por presentar un reclamo de compensación para trabajadores, despido debido a discriminación basada en la edad o discriminación racial, despido porque estaba luchando por salarios faltantes o pago justo, y ser despedido específicamente porque quedó embarazada, entre otras situaciones.

Cada caso tiene sus propias circunstancias únicas. Sr. Cabassa entiende eso. Él escuchará atentamente y discutirá sus inquietudes para determinar el mejor camino a seguir para ganar su caso. Incluso si no sabe si tiene suficiente evidencia, puede haber mucha más disponible de lo que piensa. Si no está seguro de qué leyes son aplicables a su caso, se asegurará de que tenga las respuestas que necesita. Se dedica a obtener una resolución justa para sus clientes y trabaja diligentemente en cada paso del proceso para ganar su caso.

CÓMO ES EL PROCESO CUANDO SE CONTACTA CON LA EMPRESA?

Wenzel Fenton Cabassa, P.A., ofrece una evaluación gratuita de su caso.

Cuando se comunique con la oficina, primero hablará con un especialista que habla español para recopilar información importante para el abogado. Escucharemos atentamente sus inquietudes y objetivos. Si creemos que puede tener un caso contra su empleador, el abogado evaluará su caso. Nos pondremos en contacto con usted y nos mantendremos en contacto durante cada fase de su caso.

Es importante no esperar demasiado para comunicarse. Cuanto más se demore en contactar a un abogado, más tiempo perderá para presentar un reclamo. Existen estatutos de limitaciones en los casos de derechos de los empleados, y es posible que se esté acabando el tiempo para comenzar a construir un caso sólido. No dude en llamarnos.

POR QUÉ CONFIAR EN WENZEL FENTON CABASSA, P.A.?

Estamos intensamente enfocados en nuestra misión de defender los derechos de los empleados en Florida y estamos comprometidos a abordar la necesidad de abogados de habla hispana que se especialicen en derecho laboral. Somos:

Experimentado. Experto. Dedicado.

Además de abogados con mucha experiencia y conocimientos, contamos con un personal dedicado de asociados, asistentes legales y equipos de relación con el cliente enfocados en el caso de cada cliente. Estamos disponibles para usted por teléfono o correo electrónico, y nuestro personal bien capacitado habla español. No importa cuál sea la causa de su disputa laboral, creemos en usted y en sus derechos, y pondremos todos los recursos de nuestra firma detrás de su caso.

Obtenemos resultados:

Wenzel Fenton Cabassa, P.A., ha ayudado a miles de clientes a obtener la compensación que necesitan, con más de $90,000,000 en recuperaciones.

Somos un bufete de abogados galardonado y muy respetado en la industria, y hemos sido reconocidos repetidamente como el Mejor Bufete de Abogados por US News and World Report, y también tenemos una calificación de 10.0 (Excelente) por el sitio nacional de revisión de abogados, Avvo.

CONTÁCTENOS PARA PROGRAMAR UNA CONSULTA DE EVALUACIÓN DE SU CASO GRATUITA.

Si le preocupa el costo, no se preocupe. Trabajamos sobre una base de contingencia, lo que significa que no nos pagan a menos que obtengamos una compensación. “¡Si no se gana, no se paga!”

Cuando se reúne con un abogado laboral para discutir su situación, no hay riesgo ni obligación. Nos tomamos el tiempo para escuchar, responder a sus preguntas y revisar los detalles de su caso.

Llame al 813-820-6990 hoy

https://www.youtube.com/watch?v=pVBlu3OheTE

### Attorneys

#### Amanda E. Heystek
AREAS OF PRACTICE:

Employment Law: Employee Representation

BAR ADMISSIONS:

Florida, 2000

U.S. District Court Middle District of Florida

U.S. District Court Northern District of Florida

U.S. District Court Southern District of Florida

EDUCATION:

Southern Illinois University

Southern Illinois University School of Law

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

Florida Bar, Member

Florida Association for Women Lawyers

Hillsborough County Bar Association, Member

ABOUT AMANDA E. HEYSTEK, ATTORNEY

Amanda Heystek is originally from the Chicago suburbs and attended law school at Southern Illinois University School of Law while proudly serving in the Illinois Army National Guard. She also received her bachelor’s degree in both Political Science and Criminal Justice from Southern Illinois University. However, warmer weather and beautiful beaches brought her to the Tampa Bay area almost twenty years ago. Tampa is now the place she and all of her family call “home.”

Having attended law school with the intent to serve others and assist those in need, Amanda has a wide-ranging scope of experience from which to draw when representing clients. She was admitted to practice in Florida in 2000 and has practiced law in all legal forums including, administrative, state, and federal courts. She is an experienced litigator and began her legal career in criminal defense as an assistant public defender in Clearwater where she gained valuable jury trial experience. After meeting and marrying her Navy husband and relocating to Jacksonville, she practiced at her own solo firm focusing on family law and guardianship. She spent another decade at a statewide non-profit where she focused on the rights of people with disabilities. While in the non-profit sector, Amanda served on several statewide committees and provided community outreach on legal issues impacting people with disabilities. In keeping with her original intentions when entering law school, she now focuses her practice on helping people with employment and labor law disputes.

Amanda is married to a native Floridian and they enjoy traveling the globe together with their two boys. She enjoys tennis, theater, music, and generally raising her kids in the Tampa Bay Area. She may have grown up as a Cubs fan but is now a supporter of all Tampa Bay’s professional teams, especially the Lightning.

#### Brandon J. Hill
AREAS OF PRACTICE:

Employment Law: Employee Representation

BAR ADMISSIONS:

Florida, 2007

Illinois, 2010

District of Columbia, 2011

U.S. District Court Northern District of Florida

U.S. District Court Middle District of Florida

U.S. District Court Southern District of Florida

Northern District of Illinois

Eastern District of Michigan

Eleventh Circuit Court of Appeals

EDUCATION:

George Washington University School of Law, LL.M., Washington, D.C.  

Florida State University College of Law, Juris Doctor, Tallahassee, Florida

Honors: Executive Editor of FSU Business Law Review; President of FSU Criminal Law Society; Book Awards for Top Grades in Appellate Advocacy, Legal Research and Writing II, International Human Rights, and English Legal History

University of Kansas – 2001

Majors: English and Journalism

HONORS AND AWARDS:

Florida Super Lawyers, 2019 – 2024

“Rising Stars” – Florida Super Lawyer Magazine, 2013 - 2018

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

National Employment Law Association, Member

National Association Consumer Advocates, Member

Hillsborough County Bar Association, Member

ABOUT BRANDON J. HILL, ATTORNEY, PARTNER

Brandon J. Hill is the co-chair of the firm’s Class Action Practice Group, bringing over 17 years of experience in complex civil litigation across federal courts nationwide. He specializes in employee rights, with a particular focus on class action cases involving violations under the Employee Retirement Income Security Act (“ERISA”) of 1974. Throughout his career, Brandon has litigated over 700 federal cases and has been appointed as class counsel more than 50 times by courts across the country, including in cases involving nearly 500,000 class members.

A graduate of the University of Kansas with two undergraduate degrees, Brandon earned his Juris Doctorate from Florida State University College of Law and later obtained an LL.M. from George Washington University Law School. He is licensed to practice law in Florida, Illinois, and Washington, D.C. He also regularly practices on a pro hac vice basis in federal courts nationwide outside of the jurisdictions in which he is licensed.

Brandon’s practice is heavily focused on litigating ERISA breach of fiduciary duty cases against major U.S. corporations accused of mismanaging employee retirement plans, including 401(k) and 403(b) plans. He has secured millions of dollars in recoveries for victims of fiduciary breaches and has extensive experience handling ERISA class action litigation. He has served as co-counsel or class counsel in multiple cases against corporations accused of mismanaging billion-dollar retirement plans.

In addition to his ERISA work, Brandon is an experienced employment law attorney, often serving as lead or co-counsel in wage-and-hour claims, FMLA, Title VII, Florida Civil Rights Act, ADA, ADEA, and WARN Act cases, among others. Clients appreciate his confidence, efficiency, and quick results. If you have a legal question or need expert representation, reach out to Brandon today. 

#### Christopher Fennell
AREAS OF PRACTICE:

Employment Law: Employee Representation

BAR ADMISSIONS:

Florida, 2014

Maryland, 2018

Texas, 2024

U.S. District Court Middle District of Florida

U.S. District Court Northern District of Florida

U.S. District Court Southern District of Florida

EDUCATION:

University of Florida, Bachelors in Electrical Engineering – December 2005

FSU College of  Law, Juris Doctorate – May 2014

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

Florida Bar, Member

Texas Bar, Member

Maryland Bar, Member

ABOUT CHRISTOPHER FENNELL

Chris is a native Floridian and has lived throughout the state, from Miami to Tallahassee. He prides himself on his problem-solving ability and outside-the-box thinking. Since a young age, he has been a strategy game player, excelling at the use of abstract reasoning to solve complicated or multi-step problems. His history allows him to see problems from all perspectives and communicate and create well-reasoned and beneficial solutions.

A proud University of Florida graduate, he earned a Bachelor of Science in Electrical Engineering in December 2005. He comes from a Gator family—his father played football at the University of Florida, and his mother was a member of the marching band. After graduating, Chris taught calculus and physics, instructed ballroom dancing, and coached football before returning to law school at Florida State University, where he earned his Juris Doctor in May 2014.

Since 2017, his practice has focused on employee-side employment law. He has handled thousands of employment matters and put millions of dollars back into the pockets of the wrongfully terminated. His practice is grounded in careful analysis, sound judgment, and experience, allowing him to anticipate defenses and respond strategically to the issues that arise in employment litigation.

He approaches each case individually, developing strategies tailored to the client’s circumstances and goals. He places a strong emphasis on clear, straightforward communication so clients understand the strengths and risks of their cases and the strategy being pursued. This practical, professional approach has helped him build strong relationships with clients and maintain a reputation for credibility and fairness with opposing counsel.

Through kismet, he ultimately settled down in the Tampa Bay area and enjoys the climate, culture, and activities that Tampa Bay provides. He is married to his wife, Melissa, a Chicago native, and they have three children, two boys and a baby girl. He enjoys spending time with his family, travelling to his son’s football games, watching movies, going out to eat, playing strategy games, and going to escape rooms.

#### Erin Centrone
EDUCATION:

Columbia College (Honors)

University of South Florida

Stetson University College of Law

BAR ADMISSIONS:

The Florida Bar

Hillsborough County Bar Association

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

National Employment Lawyers Association and The Florida Chapter

American Heart Association’s Community Teams Committee

ABOUT ERIN CENTRONE, ATTORNEY

Erin Centrone strives to bring a rare combination of grit, insight, and courtroom precision to every case she handles. Born and raised in Greenville, South Carolina, Erin attended Columbia College on their Presidential and Leadership Scholarship programs and was a member of the Honors Program, Student Advisory Committee, and Alpha Lambda Delta National Honor Society. She completed her undergraduate studies at the University of South Florida, where she was a founding member of the Mock Trial Association and active in the Pre-Law Society. Erin’s legal journey began with her early career as a Florida Certified Paralegal, getting hands-on experience assisting in litigation of complex claims ranging from personal injury and premises liability to insurance coverage disputes and bad faith actions. While working full-time, she also attended Stetson University College of Law. Erin graduated cum laude, having earned numerous Honor Roll distinctions as well as four book awards at Stetson, including in Florida Civil Procedure, Trademarks & Unfair Competition, and the Victor O. Wehle Award for Excellence in Trial Advocacy.

Before shifting her focus to employee advocacy, Erin built a formidable reputation representing employers in high-stakes labor and employment matters. She’s successfully navigated claims involving discrimination, retaliation, wage violations, and whistleblower complaints. Today, she brings that invaluable insider perspective to the other side of the table—fiercely advocating for employees navigating workplace conflicts and helping them level the playing field.

Erin’s skill and dedication have earned her wide recognition, including Best Lawyers: Ones to Watch in three distinct categories for three consecutive years (Labor & Employment Law, Professional Malpractice Law, and Personal Injury Litigation; 2021-2023). Erin received continued honors in Best Lawyers for Personal Injury Litigation (2024, 2025) as well as Labor & Employment Litigation (2025). She is a member of The Florida Bar and the Hillsborough County Bar Association, as well as the National Employment Lawyer’s Association and Florida chapter.

Outside the courtroom and office, Erin is a committed member of her community, having served on the American Heart Association’s Community Teams Committee and led Team Fields in Tampa Bay’s annual Heart Walk with pride. Erin recharges through travel adventures with her daughter, getting lost in a good book, hiking scenic trails, cooking, and staying active with her energetic husky.

#### Hannah E. DeBella
AREAS OF PRACTICE:

Employment Law: Employee Representation

BAR ADMISSIONS:

Florida, 2020

EDUCATION:

The University of Florida, B.S. – 2017

The University of Florida, Levin College of Law, J.D. – 2020

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

Florida Bar, Member

American Bar Association, Member

ABOUT HANNAH E. DEBELLA, ATTORNEY

Born and raised in Florida, Hannah DeBella has lived in the Tampa Bay Area for most of her life. Hannah earned, both, her bachelor’s degree in Political Science and her law degree from the University of Florida—making her a “double Gator.” While pursuing her undergraduate degree, Hannah served as the President for the University of Florida’s Pre-Legal Honor Society, a columnist for the Florida Political Review, and an intern at the State Attorney’s Office for Florida’s Eighth Judicial Circuit. In law school, she served as the Executive Outreach Director for the Journal of Law and Public Policy and as a Teaching Assistant for the law school’s Trial Practice Course. During law school, Hannah also worked as a Certified Legal Extern for the Office of the Florida Attorney General, a Judicial Intern for Florida’s Thirteenth Judicial Circuit, and clerked for a law firm in Gainesville, which represented Plaintiffs in general civil litigation matters.

After graduating law school, Hannah continued gaining civil litigation experience by working as an associate attorney for a law firm where she represented Plaintiffs in a variety of civil litigation matters, including construction law, real estate fraud, medical malpractice, and personal injury. Now focusing in the area of employment law, Hannah continues to be passionate about offering high quality legal representation for her clients and is committed to advocating for the rights of employees, to the fullest extent possible.

During her free time, Hannah enjoys being outside with her two boxers, Luna and Kiwi, enjoying the unmatched weather and nature that Tampa Bay has to offer.

#### Hannah E. Horr
AREAS OF PRACTICE:

Employment Law: Employee Representation

BAR ADMISSIONS:

Florida, 2015

EDUCATION:

The University of Louisiana at Lafayette, Lafayette, Louisiana B.S. (Magna Cum Laude) – 2011

Florida State University College of Law, Tallahassee, Florida J.D. (Cum Laude) – 2014

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

Florida Bar, Member

American Bar Association, Member

Military Spouse J.D. Network, Member

AWARDS ACHIEVEMENTS:

Florida State University College of Law

Book award – Florida Courts and the Constitution, 2014

The University of Louisiana at Lafayette

Outstanding Graduate Student Award, 2011

ABOUT HANNAH E. HORR, ATTORNEY

Hannah Horr grew up in Louisiana earning her bachelor’s degree in Criminal Justice from the University of Louisiana at Lafayette. She received her law degree from Florida State University College of Law. While in law school, she completed an externship at the First District Court of Appeal in Tallahassee, Florida.

Before joining Wenzel Fenton Cabassa, P.A., Hannah gained civil litigation experience as an associate for a statewide insurance defense firm handling automobile, construction, premises, and product liability claims.

Hannah is eager to assist employees with their claims and is committed to providing high-quality legal services in all aspects of representation

#### Kaitlin Frerich
AREAS OF PRACTICE:

Labor and Employment Law: Employee Representation

CERTIFIED LEGAL SPECIALTIES:

Board Certified in Labor and Employment by the Florida Bar

BAR ADMISSIONS:

Florida, 2023

U.S. District Court Middle District of Florida

U.S. District Court Northern District of Florida

U.S. District Court Southern District of Florida

EDUCATION:

Marquette University, Milwaukee, Wisconsin, B.S., B.A. 2017

Barry University – Dwayne O. Andreas School of Law, Orlando, Florida, JD 2023

EDUCATION:

Florida Bar, Member

Orange County Bar Association, Member

National Employment Lawyers Association – Florida Chapter, Member

Florida Association for Women Lawyers, Member

Pi Alpha Delta, Alumni Member

Pi Beta Phi, Alumnae Advisory Committee

ABOUT KAITLIN FRERICH

Kaitlin was born and raised in Minneapolis, Minnesota, where her Midwestern roots shaped a strong work ethic and a passion for justice early on. She earned both her Bachelor of Arts in Political Science, with a concentration in Law and Politics, and her Bachelor of Science in Criminology and Law Studies from Marquette University. Ready to trade snowstorms for sunshine, Kaitlin relocated to Orlando, Florida, where she earned her Juris Doctor from Barry University. During law school, she dedicated significant time to immigration pro bono work, advocating for individuals navigating some of the most challenging moments of their lives.

Before joining Wenzel Fenton Cabassa, P.A., Kaitlin served as an Assistant Public Defender in the Ninth Judicial Circuit. In this demanding role, she managed a caseload of more than 200 active criminal cases at any given time, spanning juvenile matters, misdemeanors, felonies, and probation violations. Kaitlin completed over 30 trials and handled countless motion hearings, often securing favorable outcomes and dismissals for her clients. She conducted hundreds of settlement negotiations, drafted and argued numerous motions, and actively participated in all stages of discovery. Her experience in the courtroom sharpened her litigation skills and reinforced her commitment to fierce, client-centered advocacy.

Outside the office, Kaitlin enjoys traveling, mentoring law students, and soaking up Florida’s beach life whenever she can. She brings the same energy, dedication, and strategic mindset to her practice that she brings to every aspect of her life.

Kaitlin is a zealous advocate who approaches every case with determination, compassion, and an unwavering commitment to achieving the best possible outcomes for her clients.

#### Luis A. Cabassa
AREAS OF PRACTICE:

Employment Law: Employee Representation

CERTIFIED LEGAL SPECIALTIES:

Board Certified in Labor and Employment by the Florida Bar

EDUCATION:

Florida State University College of Law, Tallahassee, Florida (Graduated with honors)

Cornell University – 1992 (Major: Industrial Labor Relations)

CLASSES/SEMINARS:

Lecturer, Employment Law

HONORS AND AWARDS:

AV rating, Martindale-Hubbell

Employment Law, Florida Super Lawyer

Fellow, American Bar Foundation

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

Member of Professional Committee for Florida Bar

American Bar Association, TIPS Section, Chairperson-Elect, Employment Law Committee

Tampa Bay Hispanic Bar Association, Co-Founder

Florida Bar Young Lawyers Division, Member, Board of Governors

Florida Bar, Member, Federal Practice Committee

Hillsborough County Bar Association, Labor and Employment Section, Chairperson

ABOUT LUIS A. CABASSA, ATTORNEY, PARTNER

I am an employment lawyer. I do not practice in any other area of law. I help people resolve their disputes with their employers and allow them to move on with their lives. In fact, due to my experience and training, I can hold myself out as an expert in employment law. I have practiced exclusively in this area of law for close to thirty years.

I first became interested in employment law and helping employees when I attended Cornell University and studied Industrial Labor Relations. After graduating from Cornell University, I continued to focus on employment law while earning my law degree with Honors from the Florida State University College of Law.

Over my career, I have personally handled over 1000 employment law claims, involving all forms of discrimination, harassment, retaliation, breach of contract, unpaid wages, unequal pay, and Family Medical Leave Act violations, in front of state and federal administrative agencies and courts throughout Florida and across the Country. As a result of my vast experience and expertise, I routinely get asked to lecture to other employment lawyers about employment law. In addition to speaking on employment law, I have written a number of professional articles on employment law topics, including co-authoring a book on sexual harassment. I am grateful that my legal colleagues have recognized my strong contributions to employment law by repeatedly selecting me as a Florida Super Lawyer in Employment Law denoting status as one of the top five percent of Florida’s lawyers and as a member of the Legal Elite in Employment Law by Florida Trend Magazine representing approximately two percent of the active Florida Bar members who practice in Florida.

Over the past decade, my employment practice has expanded to include class action cases arising from the employment relationship, including violations of the Fair Credit Reporting Act, the WARN Act, COBRA, ERISA, and for data breaches by employers. I have been appointed as class counsel in numerous cases in both federal and state court across the country and have successfully litigated nationwide class cases against some of the world’s largest employers. For instance, I was appointed as class counsel on behalf of approximately 450,000 employees on a nationwide case against Amazon for alleged violations of the Fair Credit Reporting Act that resolved for five million dollars.

As a lawyer and professional, I believe it is important to give back your time and serve both the legal and local community. Accordingly, I have been active in many legal organizations. I have served on the Board Certification Committee for the Labor and Employment Section of the Florida Bar, where I was responsible for reviewing candidates for Board Certification and preparing the certification exam. I served as Chairperson for the Employment Law Committee for the TIPS Section of the American Bar Association. I am especially proud to say that I am a co-founder of the Tampa Hispanic Bar Association. To help my local community, I served as President of the Board of Directors of Bay Area Legal Services, and previously served on the Board of Directors for the Warrick Dunn Foundation.

https://www.youtube.com/watch?v=JUFnvCOjz60

#### Matthew K. Fenton
AREAS OF PRACTICE:

Employment Law: Employee Representation

BAR ADMISSIONS:

Florida, 1994

U.S. District Court Middle District of Florida

U.S. Court of Appeals 11th Circuit

EDUCATION:

University of Florida College of Law, Gainesville, Florida – 1993

Honors: University of Florida Law Review, Editorial Board

University of Florida – 1989

Major: English

HONORS AND AWARDS:

Best Lawyers Lawyer of the Year 2016 and 2022

Best Lawyers In America – Employment Law 2009 – 2024

Top Lawyer – Employment Law Tampa Magazine 2018 – 2024

Florida Super Lawyers – Employment Law 2012 – 2024

Florida Super Lawyers – Top 50 Lawyers in Tampa Bay, 2017

Florida Trend Legal Elite 2012, 2017, and 2021

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

National Employment Law Association, Member

Tampa Bay Trial Lawyers Association, Member

Florida Justice Association, Member

ABOUT MATTHEW K. FENTON, ATTORNEY, PARTNER

After practicing for more than thirty years and handling thousands of employment law cases, I have observed that many of my clients, at some point in the representation, share with me that one of their primary motives in seeking legal assistance is to make sure that what happened to them does not happen to somebody else. As a passionate, competitive trial lawyer who enjoys holding employers accountable for their actions, I help my clients achieve their goals by taking on workplace bullies and not letting go until a reasonable measure of justice has been achieved. Clients often tell me that the most rewarding part of the litigation experience for them is the day that I take the deposition of the person who ultimately caused them to be terminated or otherwise violated their workplace rights, putting them on the hot seat and making them account for the half-truths and outright lies they often tell to cover up their unlawful actions. While the theater of courtroom combat is certainly an adrenaline rush, what I most enjoy about representing employees is watching a client move from frustrated and angry when I first meet them and, after a matter has concluded, seeing that they have obtained satisfaction and closure as a result of my efforts.

I am the first (and only) lawyer from a large family with mostly blue-collar roots. I am proud to be a “Double Gator,” graduating from the University of Florida, where I received my bachelor’s degree in English in 1989, with honors, and my law degree, with honors, in 1993, while serving on the Editorial Board of the University of Florida Law Review. However, in terms of how I can relate to a broad variety of people and be equally comfortable with folks who perform hard physical labor for a living as well as business executives at major corporations, my former boss, United States Magistrate Judge Mark A. Pizzo for whom I served as his first Law Clerk, often told me that I learned more about how to be a trial lawyer as a result of my years at Tampa’s Jefferson High School, an inner-city school with a remarkable mix of ethnicities and socioeconomic groups, than any other formal education I’ve had since.

Since leaving that highly coveted, career-shaping position as a federal judicial law clerk, I’ve tried numerous employment law cases in both state and federal courts. Moreover, I have been selected by my peers for inclusion in every edition of Best Lawyers in America since 2009, have been selected by my peers as a Florida SuperLawyer in Employment Law every year since 2012, and have been selected as a member of the Legal Elite in Employment Law by Florida Trend Magazine. In 2016, and again in the 2022 edition, I was selected by Best Lawyers in America as the “Lawyer of the Year” for individuals in Tampa Employment Law. In 2017, I was the only employee-side attorney selected to the SuperLawyers “Top 50 Lawyers in Tampa Bay.”  I have been selected by my peers as “Top Lawyer – Employment Law (individuals)” in Tampa Magazine every year since 2018. I have also spoken on employment law topics and authored various publications on employment law, most recently contributing a chapter to the American Bar Association’s practice guide “Litigating the Workplace Harassment Case.” I have served as the Co-Chair of the Labor and Employment Law Section of the Hillsborough County Bar Association and am active in both the Florida and national chapters of the National Employment Law Association, the Tampa Bay Trial Lawyers Association, and the Florida Justice Association.

What is more important to me than any external recognition or involvement in the legal community are the contents of the folders I keep in my desk drawer filled with thank you letters, notes, cards, plaques, emails, and various other items received from clients through the years. Many employees spend more hours at work than they spend anywhere else – when something goes wrong in that relationship or when an employer fails to pay an employee what they are owed, it can become quite personal. I am always aware that when a client chooses me as their attorney, they have chosen to allow me to handle a matter that is very personal to them, and I treat it as such. I will try to learn about their family, their hobbies, and their interests, while sharing various aspects of my own background.   When I’m not fighting for employee rights, I enjoy traveling with my family, collecting and listening to music from a broad variety of musical genres, performing in my third-wave ska band Hopscotch, live music, cooking, finding a great restaurant, spending time at the beach, and cheering for the Florida Gators.

https://www.youtube.com/watch?v=nt6gA2MmQyA

#### Nicole S. Moser
AREAS OF PRACTICE:

Employment Law: Employee Representation

BAR ADMISSIONS:

Florida, 2016

U.S. District Court Northern District of Florida

U.S. District Court Middle District of Florida

U.S. District Court Southern District of Florida

EDUCATION:

Florida State University, B.A. (magna cum laude) – 2010

Stetson University College of Law, J.D (cum laude) – 2016

Articles & Symposia Editor, Stetson Law Review

Moot Court Board Member

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

Florida Bar, Member

Hillsborough County Bar Association, Member

ABOUT NICOLE S. MOSER, ATTORNEY

I was born in Queens, New York and raised in Tampa, Florida, where I have lived most of my life. I am an Italian American who, unfortunately, cannot cook.

I earned my bachelor’s degree in English Literature from Florida State University (Go Noles!). While attending FSU, I interned at Moffitt Cancer Center and at the Executive Officer of the Governor. I also worked as a server at Beef O’ Brady’s. After graduation, I worked as a professional liability broker, brokering malpractice insurance to attorneys.

Prior to law school, I met my husband, who is from a small town in Polk County, Florida, at the Gasparilla Pirate Parade. I attended law school at Stetson University College of Law in Gulfport, Florida. I worked hard in law school and graduated in the top 11 percent of my class. I served as an Article and Symposia Editor on the Stetson Law Review, a Moot Court Board member, and a Teaching Assistant for Legal Research & Writing. During law school, I interned in the legal department of an insurance company and served as a federal judicial intern in the Middle District of Florida. I am the only lawyer in my family.

I’ve always practiced employment law. Prior to joining WFC, I worked for a large management-side employment law firm for five years, where I represented companies before the EEOC and in federal and state employment discrimination, harassment, retaliation, wage and hour, and wrongful termination claims. After that, I worked as in-house counsel on the employment law team for a big corporation. My experience representing companies has given me a unique perspective and advanced skillset to now represent employees facing workplace issues. I am committed to advocating for the rights of employees, to the fullest extent possible.

I have been involved in employment lawsuits involving all forms of discrimination, harassment, retaliation, breach of contract, unpaid wages, unequal pay, disability discrimination, and Family Medical Leave Act violations, in federal and state courts throughout Florida. I have also advised and counseled many employers on an array of employment-related topics, including everyday practices, reasonable accommodations, medical leaves of absence, and terminations. While my litigation past provides me the ability to handle complex matters, my passion has always been utilizing my skills to help individuals, especially those navigating a difficult time in their lives. I am now able to use my legal experience in the corporate world to help individuals navigate challenging employment law issues.

When I am not working, I enjoy spending time with my two young daughters, husband, and golden doodle. We enjoy the many great attractions Tampa Bay has to offer, and are often frequenting the Florida Aquarium, ZooTampa at Lowry Park, Curtis Hixon Park, Glazer’s Children Museum, and the YMCA.

#### Nina Carella
AREAS OF PRACTICE:

Employment Law: Employee Representation

BAR ADMISSIONS:

Florida, 2022

EDUCATION:

University of Florida College of Law, Gainesville Florida – 2022

University of Tampa, Tampa, Florida – 2018

Major: Criminology and Criminal Justice

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

Hillsborough County Bar Association, Member

Florida Association for Women Lawyers, Member

ABOUT NINA CARELLA, ATTORNEY

As a recent addition to our team, Nina brings a fresh perspective and a dedicated passion for employee rights. Graduating magna cum laude from the University of Tampa in 2018, she majored in Criminal Justice and minored in Law, Justice, and Advocacy. During her undergraduate studies, Nina excelled in moot court, finishing as a finalist and earning a top orator award, and actively participated in the Inns of Court and trial advocacy.

Nina then took a gap year to work as a paralegal, focusing on medical malpractice and child welfare defense, gaining invaluable practical experience. She continued her academic excellence at the University of Florida Levin College of Law as an Ethos of Excellence scholar, receiving a full scholarship and graduating cum laude in 2022. While in law school, Nina received a book award for Deposition Strategy and Practice, demonstrating her proficiency and skill. She also interned with our firm throughout her law school tenure, further deepening her legal expertise and reinforcing her commitment to employee rights advocacy.

Having joined our firm after passing the Florida Bar in September 2022, Nina is a valuable asset, both to our team and our clients.

#### Sawyer Frescoln
AREAS OF PRACTICE:

Employment Law: Employee Representation

BAR ADMISSIONS:

Florida, 2022

EDUCATION:

The University of Central Florida, Orlando, Florida B.A. – 2014

University of Florida Levin College of Law, Gainesville, Florida J.D.– 2017

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

Florida Bar, Member

ABOUT SAWYER FRESCOLN, ATTORNEY

Sawyer Frescoln grew up in Leesburg, Florida. He earned his bachelor’s degree in Philosophy from the University of Central Florida. He received his law degree from the University of Florida Levin College of Law. While in law school, Sawyer interned with the Florida Fifth Judicial Circuit State Attorney’s Office and a firm specializing in trusts and estates.Sawyer spends most of his free time reading fiction and philosophy. He enjoys Tampa sports, Gator football, and going to see stand up and live music with his friends. Sawyer is passionate about assisting clients with their claims and is committed to providing high-quality legal services in all aspects of representation.

#### Steven G. Wenzel
AREAS OF PRACTICE:

Employment Law: Employee Representation

CERTIFIED LEGAL SPECIALTIES:

Board Certified in Labor and Employment by the Florida Bar

BAR ADMISSIONS:

Florida, 1973

U.S. District Court Middle District of Florida

U.S. Bankruptcy Court Middle District of Florida

U.S. Court of Appeals 5th Circuit

U.S. Court of Appeals 11th Circuit

U.S. Supreme Court

EDUCATION:

University of Florida College of Law, Gainesville, Florida

Honors: Chairman, International Appellate Moot Court Board

Law Review: University of Florida Law Review, Editorial Board

HONORS AND AWARDS:

Florida Super Lawyer, One of the top 5% of Florida’s Lawyers

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

Florida Bar Member

ABOUT STEVEN G. WENZEL, ATTORNEY, PARTNER

Drawn by the prospect of continuing his passion for helping people solve complicated legal problems, Steve founded Wenzel Fenton Cabassa, P.A. in 1993 after leaving a position as CEO and president of a hospital system. He is proud that his firm has helped thousands of employees find their way through a system that frequently favors employers.

Steve began his career as a university attorney and became Vice President and General Counsel of the University of South Florida, where he completed his undergraduate studies in 1970. Having been immersed in the development of the University and its medical center and hospitals, he was excited to join a local Tampa law firm that had a focus on healthcare institutions. In 1988, one of those client institutions asked Steve to lead it through a period of financial crisis and into the development of an entirely new hospital. After leading a financial turnaround, attention was turned to the new hospital, which was opened and accredited in 1993.

Steve is Florida Bar Board Certified in Labor and Employment Law and has been since 200,1, when the certification program began. He is consistently selected by his peers as a Florida Super Lawyer, denoting his status as one of the top 5% of Florida lawyers. Steve has published a number of professional articles on employment law, healthcare, and education, and is a frequent lecturer before professional groups. He received his law degree from the University of Florida in 1973, where he was a member of the law review and moot court team.

### Practice Areas

#### Age Discrimination
FLORIDA AGE DISCRIMINATION LAWYERS

ARE YOU BEING DISCRIMINATED AGAINST AT WORK DUE TO YOUR AGE?

WHAT ARE THE STATUTES OF LIMITATION FOR AGE DISCRIMINATION?

Federal law prohibits most employers from discriminating against job applicants and employees on the basis of age. The Age Discrimination in Employment Act (ADEA) protects people 40 years of age and older from age-based discrimination.

Age discrimination lawyers lead as legal advocates for employee rights when employers violate the parameters of the ADEA. This legislation is comprehensive and covers workplace discrimination in many areas and stages of employment.

Illegal discrimination can occur in hiring, training, benefits, compensation, promotion, firing, layoffs, and other terms, conditions, and privileges of employment. Age discrimination lawyers help employees in all these areas.

The major components of the ADEA include the following:

Employers must not discriminate on the basis of age at any stage of the employment process against anyone 40 years of age or older.

Employers are prohibited from discriminating based on age in advertisements for available positions, the application process, or interviews. Ads may include age limitations only if age is a bona fide occupational qualification (BFOQ) based on business necessity; this is a very narrow exception.

Employers must not discriminate against older workers when reducing the size of their staff.

Employers may not force their employees to take early retirement, but they may offer early retirement incentive packages.

Workers who take action under the ADEA cannot be retaliated against for filing, testifying about, or participating in a claim against an employer.

Under the Older Workers Benefit Protection Act (OWBPA), an amendment to the ADEA, an employer typically may not reduce or deny benefits for older employees. In certain situations, however, benefits for older workers may be reduced if the reduction renders the cost of benefits for older workers equal to the cost of benefits for younger workers.

These protections were put in place by the federal government to ensure that people 40 years and over have substantive legislation against workplace discrimination to combat the power of employers who put profits over employee rights.

Age discrimination lawyers handle a broad scope of situations that can occur at work and may qualify for filing a federal workplace discrimination claim with the Equal Employment Opportunity Commission (EEOC).

This can include:

Age-related comments and harassment that constitute a hostile work environment

Requiring workers to work with certain customers due to their age

Not allowing workers of a certain age to perform specific duties

Denying a job or promotion for a female worker due to her age and possibility of getting pregnant (pregnancy discrimination)

Segregating workers on the job due to their age

Workers age 40 and over across the state of Florida and around the U.S. have extensive employee rights and should be able to perform their duties and continue a career of their choice free from workplace discrimination.

Wenzel Fenton Cabassa, P.A, leverages a depth of experience and expertise in age discrimination cases to help workers across Florida stand up to powerful employers. Our employment law attorneys are aggressive in the fight for justice for employees of all ages.

It is crucial to speak with an attorney as soon as possible because there are time restrictions in submitting a claim of workplace discrimination with the EEOC. There is no obligation when you consult with an age discrimination lawyer, but if you wait, it could be too late.

WENZEL, FENTON, CABASSA, P.A – FLORIDA AGE DISCRIMINATION LAWYERS

We are passionate about advocating for the rights of workers of all ages. Our age discrimination lawyers are here for you and your family and work diligently to hold employers accountable for workplace discrimination.

If you believe you have been discriminated against due to your age, then speak with an attorney to assert your rights and get your career back on track.

Contact us today for a free, confidential case evaluation. Offices available in Tampa, St. Petersburg, Sarasota, West Palm Beach, Miami, Orlando, and Jacksonville for your convenience.

RELATED POSTS FOR employer discrimination (AGE discrimination)

#### Class Action Lawsuits
Class Action Lawsuits

EMPLOYMENT CLASS ACTION ATTORNEYS IN FLORIDA

Over the last decade, our employment class action attorneys in Florida have represented individuals in various complex class action lawsuits on behalf of employee groups ranging from just a few hundred people to nearly half a million people. We've successfully recovered millions of dollars from some of the nation's largest and most sophisticated employers. Our class action expertise covers a wide range of legal disputes, including:

Wage disputes

Cases involving mass layoffs where employers violate the WARN Act

Fair Credit Reporting Act violations related to illegal background checks

Deficient COBRA notice cases where employers try to avoid providing continued healthcare to terminated employees

Complex retirement plan cases where employers mismanage millions of dollars in employees' retirement savings

No class action is too large or too small for us; each case is equally important. Our employment class action attorneys in Florida are committed to fighting hard for all our clients, and our track record of success in class action cases over the past decade speaks for itself.

WHY CLASS ACTION LAWSUITS MATTER FOR EMPLOYEES

Class action lawsuits wield significant power in addressing systemic issues within workplaces, such as wage theft, discrimination, illegal background checks, and wasted retirement savings. They allow employees to collectively pursue legal recourse against their employers. Here's why they matter:

Strength in Numbers

Class actions enable groups of employees who have experienced similar injustices to join forces, amplifying their collective voice and legal power. This unity is particularly potent in cases where individual employees might feel intimidated or lack the resources to challenge their employer alone.

Increased Accountability

By consolidating multiple claims into a single lawsuit, class actions hold employers more accountable for their actions. Facing a large group of aggrieved employees, employers are compelled to address systemic issues rather than dealing with isolated complaints on a case-by-case basis.

Broader Impact

Successful class action lawsuits not only benefit the plaintiffs involved, but can also lead to systemic changes within the organization or industry. Court rulings or settlements may require employers to implement new policies, practices, or training programs to prevent future violations which, as a result, often improve working conditions for all employees.

Financial Compensation

Class action settlements often result in significant financial compensation for affected employees. This compensation can include back wages, statutory damages, and even punitive damages to deter future misconduct by the employer.

Public Awareness and Advocacy

Class actions draw public attention to systemic issues within workplaces, raising awareness among policymakers, advocacy groups, and the general public. This increased visibility often helps spur legislative or regulatory action to address broader societal concerns related to labor rights and workplace fairness.

Class action lawsuits serve as a powerful tool for employees to address systemic issues within workplaces by leveraging collective legal action to pursue justice, hold employers accountable, secure compensation, drive organizational change, and advocate for broader social reform. As experienced employment class action attorneys in Florida, we are dedicated to helping employees use this tool to achieve meaningful change and justice.

Benefits of Joining a Class Action Lawsuit

Joining a class action lawsuit offers employees several advantages, including:

Collective Power: By banding together with others who have faced similar injustices, individuals strengthen their legal position and ability to challenge unfair practices.

Potential for Larger Settlements: Class actions may result in larger settlements compared to individual suits because the claims of many employees are consolidated into a single lawsuit.

Access to Experienced Representation: Participation in a class action ensures access to experienced legal representation that individuals might not afford individually. Not just any attorney is qualified to serve as class counsel. The attorneys at WFC have been appointed by federal courts throughout the country as lead class counsel, or co-class counsel, in more than fifty class action cases (and counting).

Increased Negotiating Power: The collective strength of a class action gives participants greater leverage in negotiations with employers, increasing the likelihood of a favorable outcome.

Efficiency: Class actions streamline the legal process, saving time and resources for both plaintiffs and the court system.

Monetary Advantages: Class action settlements often include compensation for unpaid wages, damages, and other financial benefits for participating employees.

As experienced employment class action attorneys in Florida, we understand the importance of these benefits, and we are dedicated to using the power of class actions to achieve optimal results for our clients.

Our Class Action Lawsuit Experience

As experienced employment class action attorneys in Florida, we have a proven track record of successfully representing employees in a wide range of class action cases. Here are some of our notable successes:

$8,000,000 settlement in a class action against a national retailer for Fair Credit Reporting Act violations

$4,000,000 settlement in a class action against a national retailer for Fair Credit Reporting Act violations

$1,550,000 settlement in a class action against a national employer for Fair Credit Reporting Act violations

$1,500,000 settlement in a class action case for WARN Act violations (Hertz)

$975,000 settlement in a class action against a national employer for COBRA notice violations

$900,000 settlement in a class action against a national employer for COBRA notice violations

$725,000 settlement in a class action case for WARN Act violations (Ali)

$710,000 settlement in a class action against a national employer for COBRA notice violations

$500,000 settlement in a class action against a national employer for Fair Credit Reporting Act violations

$495,000 settlement in a class action against a national employer for COBRA notice violations

$300,000 settlement in a class action for data breach violations

$300,000 settlement obtained on behalf of a group of employees who alleged their employer failed to pay them overtime wages in violation of FLSA

$290,000 judgment in class action case for WARN Act violations

$95,000 settlement was obtained for a group of truck drivers who alleged trucking company failed to pay them minimum wage in accordance with FLSA

Our extensive experience and dedication as employment class action attorneys in Florida enable us to effectively advocate for your rights. If you believe you have a case, don't hesitate to reach out. 

Your Rights, Our Fight

We are ready to fight for justice on your behalf. WFC stands as a dedicated ally in your pursuit of fair treatment. With our extensive experience as employment class action attorneys in Florida, we are well-equipped to handle the complexities of class action cases. We understand the significance of your situation, and we are here to provide unwavering support every step of the way.

Contact us today for a free case evaluation, and let us advocate for your rights. Don't navigate the legal landscape alone—trust in our team of experienced employment class action attorneys in Florida to fight tirelessly for the justice you deserve. Together, we can make a difference.

RELATED POSTS FOR retaliation

#### COBRA
WERE YOU DENIED FLORIDA COBRA INSURANCE?

YOU COULD GET UP TO $110 PER DAY FROM YOUR EMPLOYMENT BENEFIT PLAN

Did you lose your job? If your health insurance plan administrator neglected to give you the proper COBRA documents by the deadline specified by the Department of Labor (DOL),  under federal law, ERISA, you may be able eligible to receive up to $110 for each day they failed to provide the documents.

Do the math. If you should have received a document 4 months ago, 120 days, you could potentially receive $13,200.00. Now, what if they waited 8 months to a year?

In order to collect these penalties under ERISA, you must fit in one of these three main categories:

Did not receive copies of plan documents you requested

Did not receive a notice of your COBRA rights

Received a COBRA election notice missing mandatory information and/or is not written to be understood by the “average plan participant.”

Here’s a guide to help you understand what to expect from ERISA and COBRA insurance after losing your job.

WHAT TO EXPECT FROM ERISA AND COBRA INSURANCE

THE EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA)

In 1974 Congress passed the Employee Retirement Income Security Act (ERISA) to protect the concerns of employee benefit (including health insurance) plan participants and their dependents. Under ERISA, plan sponsors are required to fully disclose plan features and funding. In addition, the law does the following:

Establishes minimum standards for participation, funding, benefit accrual, and vesting.

Gives fiduciary responsibilities to individuals who manage and control plan assets.

Makes it compulsory for plans to set up a grievance and appeals process for participants to receive benefits from their plans.

Grants participants the right to sue for benefits and breaches of fiduciary duty.

When a plan is terminated, guarantees payment of certain benefits through the Pension Benefit Guaranty Corporation (PBGC).

THE CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

In 1985, an amendment was added to ERISA called the Consolidated Omnibus Budget Reconciliation Act (COBRA). This act specifically addressed employee health insurance coverage after employees were separated from employment. COBRA health insurance is essentially a safety net for employees and their families so that they can receive continued coverage under their former employer’s group health plan.

Employees can elect COBRA insurance coverage if one of the following “qualifying events” occurs:

They quit their job.

They were fired, unless it was due to “gross misconduct.”

Their hours were reduced, and they don’t qualify for their employer’s health plan because they are no longer considered “full time.”

They retire.

Under COBRA employees can continue to receive healthcare coverage for a minimum of 18 months, while their dependents (spouses and children) can receive coverage for up to 3 years. Dependents can choose Florida COBRA insurance for the following reasons:

Their covered spouse or parent died.

They get divorced or legally separated from their covered spouse.

The covered employee goes on Medicare.

The child of a covered employee turns 25 and is no longer eligible to be on his or her parent’s plan.

Under Florida law, employees have the option of changing their health insurance policy to an individual plan if they leave the group plan. If they quit their job, get divorced, or a dependent turns 25 and no longer qualifies under a parent’s group plan, the group policy can be converted to an individual policy. However, an individual policy typically costs more, and it may provide fewer benefits. That said, you don’t need a physical exam to qualify for an individual policy.

HOW FLORIDA COBRA HEALTH INSURANCE WORKS

Under U.S. Department of Labor (DOL) guidelines, employers that have 20 or more employees in their group health plan—and those individuals are on the plan for 50% or more of the working days during the prior calendar year—are required to offer COBRA insurance to their separated employees. In addition, Florida is among the states that have a mini-COBRA law, which ensures that individuals who work for employers with less than 20 employees are similarly covered after a “qualifying event.”

WHEN IS THE PLAN ADMINISTRATOR NOTIFIED?

Under COBRA, the employer must notify their healthcare plan administrator within 30 days after an employee’s “qualifying event” if the employee quit his or her job, died, or became eligible for Medicare. If the “qualifying event” is due to divorce, legal separation, or no longer having dependent status, the employer must notify the provider within 60 days. However, if the employer has between 2 and 19 employees, under the Florida Health Insurance Coverage Continuation Act, it’s the employee’s responsibility, not the employer’s, to notify the plan administrator within 30 days of separation.

WHEN SHOULD YOU RECEIVE COBRA ELECTION DOCUMENTATION?

Once the plan administrator is notified, he or she has 14 days to send information on how to elect COBRA insurance. Under federal law, the plan administrator has the responsibility to send the COBRA election notice documents to the former employee and his or her dependents by the deadline; if they don’t they could face monetary damages of up to $110 per day for each violation from the date the notice was supposed to be sent, in addition to attorney’s fees and costs.

The former employee and his or her family then have 60 days to decide whether to continue with the coverage. It’s not necessary for the entire family to elect COBRA insurance, and it’s possible to change your mind about electing it, if it’s within the 60-day election period. In addition, it can be cancelled at any time; the former employee and/or his or her dependents are not required to carry it for the full 18 months.

If COBRA insurance is elected and the former employee notifies his or her plan administrator, the plan administrator is again legally obligated to provide copies of the plan documents within 14 days or be subject to fines or other damages. It’s the former employee’s responsibility to pay the health insurance premiums. Once the election form(s) are completed, the first premium payment is due within 45 days of the election date.

Chances are you will pay more than you did when you were an employee because you will now need to cover the part of the premium that your employer covered. For example, if you paid $200 a month and your employer paid $400 for your health insurance plan, you would have to pay $600 for COBRA insurance, along with a 2% administrative fee.

Finally, your COBRA insurance will end when the coverage period ends, you stop paying premiums, or you qualify for Medicare. It will also come to an end if your former employer goes out of business or stops offering health insurance to its employees. And if your former employer changes health insurance providers, you can switch your COBRA insurance to that provider.

ERISA and COBRA are important employee protections that safeguard employee benefits. If you feel as though your former employer has denied you these benefits or important COBRA documents were withheld from you, it’s important to speak with an experienced employee rights attorney to be fully informed about what you’re entitled to under federal law.

For more information on all of your Florida COBRA questions, contact Wenzel Fenton Cabassa, P.A.today. The initial case evaluation is free.

EMPLOYERS OFTEN LEAVE OUT MANDATORY INFORMATION FROM COBRA ELECTION NOTICES

Employers sometimes issue confusing COBRA election notices to intentionally make an election of continuing coverage difficult because of the significant expense of COBRA coverage. That’s why it’s important to have an attorney help you review your COBRA election notice.  For example, the COBRA election notice must include the name of the plan under which continuation coverage is available; and the name, address and telephone number of the party responsible under the plan for the administration of continuation coverage benefits.  This information is often missing from COBRA election notices, leaving former employees clueless as to who to contact with questions about Florida COBRA coverage.

Additionally, the COBRA election notice must include, identification of the qualifying event, identification, by status or name, of the qualified beneficiaries who are recognized by the plan as being entitled to elect continuation coverage with respect to the qualifying event, and the date on which coverage under the plan will terminate or has terminated) unless continuation coverage is elected.

These are only a few of the many items that must be included in a COBRA election notice.  If you believe your COBRA election notice is missing certain information, or if it is confusing, or if you have any questions or concerns about the election notice you received, call us today.

CONTACT A FLORIDA COBRA RIGHTS ATTORNEY

Wenzel Fenton Cabassa, P.A., has handled thousands of workplace rights cases, just like yours, and can help you get the justice you deserve. Contact our office today for your free, confidential case evaluation. For your convenience, we have locations in Tampa, St. Petersburg, Orlando, Jacksonville, Sarasota, West Palm Beach, and Miami.

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#### Commissions & Bonuses
FLORIDA UNPAID WAGES, COMMISSIONS & BONUSES ATTORNEY

WHAT SHOULD I DO IF MY EMPLOYER OWES ME UNPAID WAGES?

FLORIDA UNPAID WAGE LAWYERS

https://www.youtube.com/watch?v=dr7XGl9HFeY

Not getting paid your wages, commissions, or bonuses? Contact us for a free, confidential case evaluation today!

All workers should get paid what they have rightfully earned. An experienced wage lawyer can help.

Sadly, many employers try to get away with not paying workers their full wages.

Figures from the United States Department of Labor (DOL) reveal how common unpaid wages are in the workplace. In 2002, 2035 complaints were made to the DOL regarding violations of the Fair Labor Standards Act (FLSA) of 1938, which protects employees’ wage and hour rights.

This number grew to 7006 complaints in 2011 and 7064 complaints in 2012 – a staggering rise, more than tripling the cases in just 10 years. By 2019, the number of cases grew to 9,566 for minimum wage FLSA violations totaling more than $39.5 million — plus 11,018 cases for overtime FLSA violations totaling more than $186 million — constituting 83% of back wages complaints in the fiscal year 2019, according to DOL statistics.

Wage lawyers continue to tackle the rampant violations committed by employers that take millions of hard-earned dollars out of the pockets of employees each year.

Companies across multiple industries give excuses and frequently bully employees to pad their bottom line, ignoring or even flagrantly violating unpaid wages and unpaid commissions laws.

COMMON ARGUMENTS

Here are the most common arguments or justifications given by an employer for unpaid wages, commissions, and bonuses:

Disagreement

“I do not owe you that money.”

“You owe me money, so I’m not paying you.”

No Funds

“I don’t have the money. I’ll pay you when I can.”

Justifications to Withhold Pay

“I’m not paying you commission on that. It’s too huge.”

“You do not deserve this money.”

Hours Dispute

“You didn’t work those hours.”

“You worked unscheduled hours.”

“I didn’t approve overtime for you.”

Vacation Dispute

“No, you already took your paid vacation days.”

Unspoken

Failure to pay is often an illegal tactic to try to make you quit.

Has your employer used any of these arguments or justifications for not paying you for what you are lawfully owed? An employment law attorney specializes in standing up to bosses and managers to help employees get justice.

WHAT YOU CAN COLLECT

You can, of course, collect for unpaid wages. With an experienced unpaid wages attorney, you may be able to collect additional funds as well:

Overtime – If your employer owes you for time worked over 40 per week, you may be able to collect 1½ times your hourly rate (which also applies to some salaried positions).

Back wages & Liquidated Damages – Liquidated damages double the amount you are paid as a penalty. If you are owed $3000, you receive $6000.

Legal Fees – A potential advantage of going to court is that (per FLSA guidelines), if you win, your employer must pay the full cost for your attorney.

Building a strong case is important to achieve the optimum outcome.

HOW YOU CAN COLLECT YOUR UNPAID WAGES

There are certain actions that workers can take to collect unpaid wages, bonuses, and commissions. Some of these include:

Collecting as much documentation as possible — personnel file (including your rate of pay, schedules, any documentation reflecting agreed-upon bonuses and commissions, etc.; any communications with your employer regarding unpaid earnings, including emails

Sending your employer a certified letter with details of the unpaid wages — including hours worked, dates, and any other owed funds such as for tips or commissions, final paychecks, lunch or break times, vacation earnings, and bonuses

Filing a complaint with the U.S. Department of Labor in Florida

Labor laws exist to protect workers. Everyone has the right to receive what they are legally owed. Employment and labor law attorneys are skilled at taking on powerful employees that violate the Fair Labor Standards Act and other legislation that acts to protect workers in Florida and across the United States.

HOW WE CAN HELP

At Wenzel Fenton Cabassa, P.A., we are Tampa’s premier employment law firm. We focus entirely on employment law, including unpaid wages, unpaid commissions, and unpaid overtime.

Our employee rights attorneys are passionate about helping Florida workers and fight hard to hold employers accountable for employment law violations. We have helped thousands of employees across the state.

Let us help you protect your rights. You deserve to receive the unpaid wages, commissions, and other earnings you are owed. You may also be entitled to other types of monetary court awards, including prejudgment interest and punitive damages.

Contact us for a free, confidential case evaluation today. Offices available in Tampa, St. Petersburg, Sarasota, West Palm Beach, Miami, Orlando, and Jacksonville for your convenience.

RELATED POSTS FOR UNPAID WAGES, COMMISSIONS & BONUSES

#### Contracts & Agreements
WHAT CAN I DO WHEN MY EMPLOYER VIOLATES A CONTRACT OR AGREEMENT?

WHAT CAN I DO WHEN MY EMPLOYER VIOLATES AN EMPLOYMENT CONTRACT?

We read the fine print. Employee-employer agreements and severance issues require legal expertise to ensure the rights of employees are being upheld. Our Florida employment contract attorneys will act as your legal advocates and guide you through the complexities of contract negotiation, contract interpretation, and litigation or enforcement. Common employment-based contracts include non- (“non-compete”) agreements, trade secret agreements, and non-solicitation agreements.

A Florida employment contract attorney can help you understand employment laws and will fight to obtain compensation when employers violate workplace contracts or agreements.

Employment Contracts

Are you about to sign an employment contract?

Has your employer violated the terms of an existing agreement?

Are you owed severance pay in Florida?

Employers draw up detailed employment contracts that represent their best interests — not yours. Often, the language of the agreement or contract can be confusing or vague, which is a frequent strategy employers use to save money and improve their bottom line.

This is why working with an employment contract attorney is so important. You deserve to be much more than part of the bottom line. At Wenzel Fenton Cabassa, P.A., we are the employee’s law firm and can help you understand the basics of common workplace contracts.

You may have one of several forms of employment contracts, including written, oral, and implied contracts. They may be very detailed, including provisions for severance pay, or they may be very simple but one-sided. Either way, it can be difficult to tell what these contracts mean. An experienced employment contract lawyer represents employees in the varying forms of agreements with your employer and works diligently to enforce the legal contract focusing on your best interests.

LEARN MORE

Non-Compete Agreements

Do you feel trapped by a non-compete agreement you signed with your employer? Do not give up hope. These agreements are sometimes not enforceable, and your situation may be appropriate for negotiation of revision of the contract or a lawsuit to determine whether it is enforceable at all or on modified terms.

We understand the need to be able to make a living after you leave an employer. Employers may even bully or threaten you regarding non-compete agreements, which is unacceptable and should never be tolerated. When your career and financial security are at stake, you have a right to legal representation.

Our non-compete attorneys have an in-depth understanding of employment law to develop customized strategies particular to your situation. Types of information that is covered under Florida law in regards to non-compete agreements include:

Business relationships with existing and prospective clients/customers

Trade secret protections

Information/data confidentially (personal and business)

Trademarks, marketing, and trade areas including geographic locations

Specialized training from the company that is used to maximize investment

You may have one or more of these included in a non-compete agreement. With our history of experience in working on employment contracts for employers (former) and employees, we have a unique perspective to advocate aggressively to defend your rights. If you have been served an injunction claiming that you have violated a non-compete agreement, you should seek out a qualified employment contract law firm immediately to determine your best legal options moving forward.

To find out more information about how we can help, call to set up a confidential case evaluation with a non-compete attorney. We will discuss your situation in detail and provide expert legal services targeted at your specific needs.

LEARN MORE

Severance Agreements

Partings ways with an employer? Not sure what you are entitled to after you leave a company? If you are getting laid off and your employer is offering you a severance package, it is important to consult with a Florida employment contract lawyer. Doing so can help ensure the severance amount is not only appropriate but also that you fully understand and are prepared to accept the terms of the package or the fine print. Such terms can include a release of all claims you may have against them, even if you are not aware that such claims exist, non-competition agreements, non-solicitation agreements, and non-disparagement agreements. Yes, there is often quite a bit more than the severance amount which you need to consider carefully before signing any severance agreement.

Giving up your right to bring a case against an employer is a huge decision that should be taken under serious consideration. If you have been discriminated against, harassed, or had your rights violated in any other way by your employer, you may be able to receive additional compensation on top of your severance package. But if you sign a severance agreement that takes away your right to file a case, your right to hold them accountable for their actions is gone.

Getting laid off or fired is a stressful, unsettling situation and can cause a former employee to be financially vulnerable. Let our employment contract lawyers help you get what you deserve.

LEARN MORE

CONTACT A FLORIDA EMPLOYMENT CONTRACT ATTORNEY TODAY

At Wenzel Fenton Cabassa, P.A., we aggressively fight for your rights as an employee. We review, analyze, negotiate, and restructure employment contracts for employees across the state of Florida, utilizing extensive expertise and skill.

Our Florida employment contract attorneys have one central focus —to defend your rights. If you are in negotiations of an employment contract, such as a non-compete agreement or severance pay agreement in Florida with your employer, or if your employer has violated one of these contracts or agreements, contact our office today to set up a case evaluation.

We are tireless defenders of your rights and have helped thousands of employees across Florida stand up to their employers. You should not go through this alone. Consult with an employment contract lawyer to get the best outcome possible. We are here to help.

Locations are available in Tampa, Orlando, Miami, Jacksonville, St. Petersburg, West Palm Beach, and Sarasota.

Free Case Evaluation is not available for Employment Contract and Agreement cases.

RELATED POSTS FOR mediation agreements

#### Disability Discrimination
FLORIDA DISABILITY DISCRIMINATION LAWYERS

VICTIM OF ADA DISABILITY DISCRIMINATION IN THE WORKPLACE?

If you have been a victim of ADA discrimination in the workplace, a Disability Discrimination Lawyer leads the fight for justice to hold employers accountable for violating the law.

The Americans with Disabilities Act of 1990, Title I, protects Florida employees from disability discrimination. This disability protection covers all aspects of employment – promotions, wages, raises, health insurance, and all other aspects of the job. Wrongful termination may also result from disability discrimination. If you have a disability, it is your right as an American citizen to be treated the same way as anyone else.

A disability discrimination lawyer understands the complexities of ADA discrimination and acts as your advocate, and fights for the best possible outcome for your case. Have you been wrongfully terminated, denied a promotion, or been the victim of another type of disability discrimination? Know you are not alone and deserve to be treated equally and have effective legal counsel. Wenzel Fenton Cabassa, P.A. is a top-rated employment law firm that has experienced and expert disability discrimination lawyers that work aggressively for remedies for your case that may include:

Reinstatement to your job with all pay and benefits

Compensatory damages

Back pay from termination to the settlement or verdict

Other compensation including emotional or punitive damages

Are you unclear on the issues included in the Americans with Disabilities Act? The basic parameters of disability employment discrimination are pretty straightforward. However, some of the details of what falls under the umbrella of disability employment discrimination may surprise you.

https://www.youtube.com/watch?v=APc6PHCyePE

WHO IS COVERED?

Basic definition

Employees covered by the ADA include anyone with a mental or physical condition that limits their ability to perform any major life activity – such as limitations on the ability to learn, see, hear, walk, or talk.

Inactive and/or perceived

You also may be considered to have a disability if you have a medical history of a disability that is not currently active. If you are perceived to have a disability – even if you do not – you are covered as well.

Who is not covered?

Not all American citizens are covered by the ADA. The company that employs you must have at least 15 employees. If you work for the federal government, you are also not covered by the ADA. However, you are covered by the Rehabilitation Act of 1973 (which contains similar parameters).

Job interviews

Even in the initial job interview, you have the right not to be treated differently from other applicants. It is unlawful for a hiring manager to ask about or make any references to your disability. You should also not be required to submit to any form of pre-job offer medical testing. If you believe that you were discriminated against during the job interview process because of your disability, contact a disability discrimination lawyer at Wenzel Fenton Cabassa, P.A. today to help you make the best legal decisions for your career and your future.

Right to accommodations

You have the right to reasonable accommodations to allow you to perform the essential functions of your job effectively. These types of accommodations might include:

wheelchair access,

supplying assistive technology for a hearing or visually impaired person, or

an adapted work schedule

These are all potential accommodations contemplated in the ADA and it is the employer’s legal obligation to comply with accommodations for you to perform the duties of your job.

Protection from retaliation

You have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) and to file a lawsuit without fear that you will be demoted or lose your job. A disability discrimination Lawyer will work with you each step of the way to ensure the proper processes are followed.

Additionally, an employer cannot punish you for reporting disability discrimination in the workplace or serving as a witness in another employee’s disability discrimination case. Unfortunately, retaliation is not an uncommon occurrence. But know that protection from retaliation is one of the core components of the ADA, and with the power of expert legal counsel, there are solutions that can be provided to hold employers accountable for illegal behaviors that are in violation of the ADA.

If you feel that you have been discriminated against due to your disability, call the office of Wenzel Fenton Cabassa, P.A. for a free, confidential case evaluation with a Disability Discrimination Lawyer now.

HOW WE HANDLE FLORIDA DISABILITY DISCRIMINATION CASES

Wenzel Fenton Cabassa, P.A. attorneys fight aggressively against the discriminatory behavior of employers who violate the ADA. With comprehensive knowledge and expertise across employment law, we understand what it takes to hold employers accountable and help clients get justice and the compensation that they deserve. We work diligently in the best interest of our clients and do not hesitate to go to court if an appropriate settlement cannot be reached.

CONTACT A DISABILITY DISCRIMINATION LAWYER IN FLORIDA

A disability discrimination lawyer is the legal expert when it comes to discrimination in the workplace. Employers will have legal representation and can often try to bully or harass employees, so they do not have to follow the ADA. Consulting a legal expert is the best way to determine your optimal legal options if you have been discriminated at work because of a disability.

Contact Wenzel Fenton Cabassa, P.A. today to set up a free, confidential case evaluation. We are relentless fighters when it comes to your rights and are dedicated to justice and equality in the workplace.

FREQUENTLY ASKED QUESTIONS

How do I file a disability discrimination lawsuit?

A disability discrimination lawyer can help you file a disability discrimination charge with the United States Equal Opportunity Commission. The charge should be carefully constructed with a description of the events, including any relevant documentation that can support your claim.

What is the law on disability discrimination in Florida?

In addition to the federal ADA, Florida also has laws to protect employees from discrimination. The Florida Civil Rights Act covers public and private employers with 15 or more employees and prohibits discrimination based on a disability. A charge filed with the EEOC will be dual filed with the Florida Commission on Human Rights. If you have missed the filing deadline under federal law, you may still have time to bring a charge under state law.

There are also two laws targeted specifically for public employers, including county and municipal departments: The Public Employment Discrimination Law and the Vocational Rehabilitation Law (including protecting those who use a service animal).

What is the Disability Discrimination Act?

Disability discrimination is covered in the U.S. by the Americans with Disabilities Act of 1990.Comprehensive information regarding disability discrimination can be found at the U.S. Equal Employment Opportunity Commission’s page. This includes information in regards to work situations, harassment, reasonable accommodation, and more.

RELATED POSTS FOR employer discrimination (DISABILITY DISCRIMINATION)

#### Discrimination
FLORIDA EMPLOYMENT DISCRIMINATION LAWYERS

UNDERSTANDING WORKPLACE DISCRIMINATION

Workplace discrimination is a serious matter that can cause emotional stress, loss of focus, and a drop in job performance. An employee may become so distressed that he or she may no longer wish to return to work, negatively affecting careers and creating a wide range of difficulties for individuals and families across the state. Our Florida employment discrimination lawyers encourage you to take action, stop workplace discrimination, and hold employers accountable.

You are not alone. Florida discrimination attorneys have helped people just like you fight for their workplace rights. At Wenzel Fenton Cabassa, P.A., the best discrimination lawyers work with you every step of the way and have helped thousands of others just like you to tackle workplace violations and pursue justice.

https://www.youtube.com/watch?v=KbyfFpffz6c

TYPES OF EMPLOYMENT & WORKPLACE DISCRIMINATION CASES

Employment discrimination can occur in many different ways. If you believe you are a victim of workplace discrimination of any kind, it is crucial you contact an attorney to discuss your legal options.

Sex and Gender Discrimination

Pregnancy Discrimination

Religious Discrimination

Age Discrimination

Harassment

Race Discrimination

Disability Discrimination

Workplace Bullying Discrimination

Sex & Gender Discrimination

Unfortunately, sex and gender discrimination is all too common, but it is also against the law. Find out how the law protects you at work and on the job. If you have not been hired, not received a promotion, or subjected to other adverse employment action such as termination, demotion, reduction in pay, or negative actions which materially impact you employment as a result of sex and gender discrimination, the expert workplace discrimination lawyers at Wenzel Fenton Cabassa, P.A., can provide aggressive representation for your case.

LEARN MORE

Pregnancy Discrimination

Pregnancy discrimination leaves you stressed when you should be feeling blessed. Unfortunately, it happens across industries and at all employment levels. Employment discrimination lawyers at Wenzel Fenton Cabassa, P.A. are highly knowledgeable about the Pregnancy Discrimination Act of 1978, which prohibits sex discrimination on the basis of pregnancy. Know your rights and make sure you are represented by Florida’s well-recognized employment and labor law attorneys.

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Religious Discrimination

Are you being discriminated against for your religious beliefs or practices at work or by your employer based on the employer’s religious practices? Freedom of religion is a fundamental right in every workplace in the United States. Religious protections are broad, encompassing all areas of employment including hiring, wages, health insurance, etc. The dedicated discrimination attorneys at Wenzel Fenton Cabassa, P.A. tackle any workplace violation aggressively with you, and your family, in mind. Discover how you’re protected on the job.

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Age Discrimination

Federal law prohibits most employers from discriminating against job applicants and employees on the basis of age. The Age Discrimination in Employment Act (ADEA) protects people 40 years of age and older from age-based discrimination. Florida law also specifically protects most employees from discrimination based on age (over 40). Have you been forced to retire because of your age? Have you been retaliated against because you filed an ADEA claim? We work with all aspects of Federal and Florida employment discrimination law and want to help you get your career back on track.

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Sexual Harassment

Sexual harassers are increasingly being held accountable for their actions. This type of hostile work environment should not be tolerated. An employment discrimination lawyer will fight for your rights to a safe work environment and pursue justice to stop this illegal behavior and keep it from happening to anyone else. If you’ve been subjected to harassing behavior or retaliation due to reporting sexual harassment, contact Wenzel Fenton Cabassa, P.A. today.

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Race Discrimination

Racial discrimination in the workplace is not only morally wrong, but it’s also against the law. If you suspect you have been wrongfully terminated or discriminated against, contact us now. Our discrimination lawyers serve Florida employees. We work with employees across Tampa, Orlando, Miami, Sarasota, St. Petersburg, and Jacksonville. Employment lawyers conduct thorough investigations of your claim to determine if racial discrimination was the cause of the adverse employment action.

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Disability Discrimination

The Americans with Disabilities Act protects the rights of disabled employees. If you believe that your employer is discriminating against you because of your disability, contact a discrimination lawyer in Florida for a confidential case evaluation. If you have a disability, it is your right to treated equally in the workplace. From job interviews to promotions and the right to reasonable accommodations, you are protected under the law from job discrimination in Florida.

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Workplace Bullying Discrimination

Coping with workplace bullying can be difficult. Equally as challenging are the steps required to make it stop. Is your situation protected by State or Federal law? Call Wenzel Fenton Cabassa, P.A. today and find out where you stand with your case. Workplace bullying doesn’t always involve physical aggression. It can be subtle and psychological, and often takes the form of a manager applying extreme pressure on subordinates to achieve higher production. When this kind of behavior is based on a protected status (such as race, religion, age) or protected activity (such as whistleblowing, opposing unlawful conduct, raising objections to safety violations or wage-hour violations), it is inexcusable, illegal, and against the law.

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EMPLOYMENT DISCRIMINATION ATTORNEYS – SCHEDULE A FREE CASE EVALUATION TODAY

Wenzel Fenton Cabassa, P.A. is a well-respected Florida employment and labor law firm helping people across the state just like you. Our employment discrimination lawyers are highly experienced in protecting employees from workplace discrimination, wrongful termination, retaliation, bullying, and much more.

Contact us today to request a free case evaluation. We have experienced employee rights attorneys who fight for fairness, justice, and equal rights in the workplace. When private negotiation, mediation, and arbitration are not effective, we are trial lawyers — we do not hesitate to try our cases.

Offices available in Tampa, St. Petersburg, Sarasota, Orlando, Miami, Jacksonville, and West Palm Beach for your convenience.

RELATED POSTS FOR employer discrimination

#### Employment Contracts
EMPLOYMENT CONTRACTS AND AGREEMENTS

WHAT ARE THE STATUTES OF LIMITATION ON EMPLOYEE CONTRACTS AND AGREEMENTS?

Employment in the state of Florida is considered “at-will.” This means that the employee and employer can each terminate the employment relationship at any point – provided there is no wrongdoing, such as discrimination, OSHA violations, etc.

“At-will” essentially means that a company can show you the door at any point “without cause.” Of course they have a cause, but they do not legally need to be able to prove that you were an unfit employee in order to terminate your employment. Similarly you are free to leave employment at any point without having any reason you can be required to prove.

With a contract, your employment can become more solid: you are no longer at-will, as long as the agreement puts termination limitations on the employer. Be careful when reviewing any such contract as sometimes employers offer contracts which are no better than at will employment.

SPECIFIC TYPES OF CONTRACTS & PROVISIONS

At-will Contract – Specifically because of concern with the vagueness of oral statements or implications (see below), employers will sometimes have an employee sign an at-will contract to remove any gray area from the relationship.

Non-disclosure Agreement – This provision disallows an employee to either give proprietary details obtained from the company to another party or to use them for their own purposes.

Non-compete Agreement – This document is an agreement by the employee that she will not leave the company and either work for a competitor or start her own business for a period of time outlined in the document. The law requires that noncompete agreements be reasonable in terms of geographic scope and the time during which they are valid. In addition, a non-compete agreement must be supported by a legitimate business interest which is an expression interpreted by the courts based on specific facts in cases.

Non-solicitation Agreement – This document disallows the employee the right to recruit other employees and/or to convert the employer’s customers away to another company.

FORMS OF EMPLOYMENT CONTRACTS

Written Contract – As you might guess, this is an agreement in writing. Both parties must sign off on its parameters. It can include such content as length of time to be employed, tasks to be performed, salary, benefits, and various provisions concerning what the employee cannot do with company information and access to other employees.

Oral Contract – This is a contract that is stated in speech rather than writing. Oral contracts often involve promises about pay raises at specified time increments, etc. While oral contracts inevitably involve the parties who remember and testify to different things, they can be enforced by an experienced lawyer.

Implied Contract – Some employment contracts can arise by various actions of the employer that cause an employee to think the employment relationship is on certain terms.

MISREPRESENTATION & MISUSE: COMMON SCENARIOS

Misuse (Too Overreaching) – Many employment contracts and provisions – especially non-compete, non-solicitation, and non-disclosure agreements – are often too overreaching. Employment contracts cannot interfere with the employee’s right to fair competition and the right to livelihood. Misused contracts and provisions can be excessively broad in scope, hence would be determined null and void in court.

Misrepresentation (Fraud) – Some employment contracts are deliberately misleading. If it can be proven that this is the case, the contract will be voided, and the employer may face criminal charges.

THE ROLE OF AN EMPLOYMENT ATTORNEY

In short, employment contracts are misrepresented and misused frequently. When you feel that your rights may have been violated, the employment attorneys at Wenzel Fenton Cabassa, P.A., can help you understand the laws and obtain just compensation if you have been mistreated.

To consult with an experienced attorney regarding your employment contract, contact Wenzel Fenton Cabassa, P.A. today.

* Free Case Evaluation not available for Employment Contract and Agreement cases.

EMPLOYMENT CONTRACTS RESOURCES

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#### Equal Pay
EQUAL PAY & THE RIGHT TO FAIR COMPENSATION

THE EQUAL PAY ACT (EPA) & OTHER EQUAL PAY PROTECTIONS

There are several pieces of legislation at the federal level that protect Tampa employees from unfair compensation based on sex, age, race, and various other social parameters. The primary Acts are covered below.

FAIR PAY FOR WOMEN

President John F. Kennedy signed the Equal Pay Act into law on June 10, 1963. As the foundation for the Civil Rights Act of 1964, to this day, it continues to be a major basis of employment lawsuits. The Equal Pay Act requires that an employer cannot pay employees more, or less, based on sex.

As you can imagine, this typically involves women being paid less than men – but both sexes are protected. Additionally, the EPA does not just cover salary and wages but all aspects of employee compensation – reimbursement of expenses, health insurance, etc.

WHEN THE EPA APPLIES

When the actual work being performed – regardless of job title – is equal.

When there is not an additional factor determining the imbalance – such as higher pay based on seniority or merit.

FAST-TRACK RESOLUTION

Unlike some other employment discrimination violations, you can sue your employer without first exhausting your administrative remedies via the Equal Employment Opportunity Commission (EEOC).

FAIR PAY FOR THE DISABLED, FOR THE YOUNG & OLD

Two other federal Acts protect individuals from employment discrimination on the basis of age or disability. The Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), Title I.

A TWO-STEP PROCESS

For complaints related to either of these two categories, you are required by law to first exhaust your administrative remedies by filing a charge with the EEOC and letting the Charge process be concluded before filing a lawsuit. However, an attorney is likely needed to help walk you through that process so that it moves as quickly and smoothly as possible. It’s not uncommon for someone affected by discrimination to wait too long to file a Charge, or make some other critical error during the administrative stage of their lawsuit. Therefore, having a lawyer from the onset is necessary in discrimination cases.

FAIR PAY FOR EVERY RACE, CREED & ETHNICITY

The Civil Rights Act of 1964, Title VII (often referred to simply as Title VII), covers all bases of pay inequality – disability, race, religion, age, color, national origin, and sex. As you can see, there are multiple protections for disability, age, and sex – but this Act covers most.

The headings directly above this section, “A Two-Step Process” and “Inequality is OK,” also apply to Title VII.

EMPLOYMENT ATTORNEY FOR EQUAL PAY & RIGHT TO FAIR COMPENSATION

You have the right to do something about unfair wages. If you feel as if you are not receiving equal pay or your right to fair compensation for the work you perform, then call our office today for your free initial case evaluation now!

EQUAL PAY & THE RIGHT TO FAIR COMPENSATION RESOURCES

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#### ERISA Litigation
ERISA Litigation: Retirement Plan Class Action Lawsuits

At Wenzel Fenton Cabassa, P.A., we protect employees’ retirement savings by holding corporations accountable under the Employee Retirement Income Security Act of 1974 (ERISA). 

We challenge some of the nation’s largest companies to ensure proper management of 401(k), 403(b), and Employee Stock Ownership Plans (ESOPs) in ERISA litigation suits. From addressing excessive fees to advocating for transparency, our firm works to safeguard the retirement plans employees have worked hard to build.

Why Choose Us?

Choosing the right legal team is crucial for protecting your retirement savings and securing your financial future. Here are the reasons why we stand out:

Nationwide ERISA Expertise: Our Class Action Practice Group has decades of experience representing employees in ERISA litigation across federal courts nationwide.

Empowering Employees: We help employees hold corporations accountable for mismanagement and breaches of fiduciary duties affecting retirement plans. We use ERISA class action lawsuits to recover losses and ensure financial security.

Aggressive Representation: Our firm, with in-depth ERISA expertise, has secured millions in lost retirement savings for employees. We hold corporations accountable through thorough investigation and strategic litigation.

If you've been affected by ERISA violations, our experienced team is ready to fight for your rights.

Our Media Coverage

Our ERISA litigation has earned national recognition, with media outlets highlighting our innovative strategies and landmark successes in protecting employee rights. Here are some notable mentions that showcase our contributions to the field:

PlanAdviser: Featured for revolutionizing litigation with claims of improper compensation to recordkeepers beyond traditional revenue-sharing allegations.

401(k) Specialist: Recognized as a leader in ERISA excess fee cases, expanding our focus to include recordkeeping claims, further demonstrating our commitment to employee rights.

Encore Fiduciary:

“2023 Mid-Year Update on Excess Fee and Imprudence Litigation”: Our firm was recognized for filing the highest number of ERISA cases in 2023, establishing us as a leader in addressing fiduciary breaches in retirement plans.

“Summary of 2023 Excess Fee and Performance Litigation”: Encore Fiduciary highlighted our firm for filing some of the most impactful and influential ERISA cases of the year, reinforcing our role in leading the charge against excessive fees and mismanagement in retirement plans.

Law360:

“55K Labcorp 401(k) Participants Get Class Cert. in Fees Suit”: Our firm secured class certification for 55,000 Labcorp 401(k) participants in a significant case involving excessive fees, underscoring our commitment to obtaining justice for workers nationwide.

“Steelmaker Faces ERISA Suit Over 401(k) Management”: Law360 featured our successful litigation against a major steel manufacturer over allegations of 401(k) mismanagement, showing our ability to take on large corporations and hold them accountable.

“Less Strict Standard Should Apply in 401(k) Suit, Judge Says”: We were spotlighted for a landmark decision that influenced 401(k) lawsuit standards, showcasing our innovative approach to ERISA litigation.

“Trucking Co. Can’t Shut Down 401(k) Mismanagement Suit”: Our firm successfully defended against a trucking company’s attempt to dismiss allegations of 401(k) mismanagement, further emphasizing our tenacity in protecting employee rights.

“Baker Hughes 401(k) Participant Wants Class Cert.”: Law360 covered our advocacy for participants in the Baker Hughes 401(k) lawsuit, highlighting our ongoing fight for fairness and accountability in employee retirement plans.

“Employees Sue Old Dominion, Claiming 401(k) Performs Worse Than Alternatives”: This coverage focused on our case against Old Dominion for underperforming 401(k) plans, demonstrating our commitment to improving retirement outcomes for employees.

Our consistent media presence reflects our standing as a national leader in ERISA litigation. We are committed to protecting the retirement savings of employees nationwide.

Our Commitment to You

At Wenzel Fenton Cabassa, P.A., we believe every employee deserves justice. That’s why we work on a contingency fee basis—we only get paid if we win. This ensures financial barriers don’t stand in the way of quality legal representation. 

With experienced employee rights attorneys and offices across Florida, we can handle even the most complex ERISA cases. Our team of ERISA benefit claim attorneys provides personalized attention and tailored legal strategies. 

When you choose Wenzel Fenton Cabassa, P.A., you select a dedicated partner committed to defending your rights and securing your financial future.

Take Action Today

If you suspect mismanagement of your retirement plan, act quickly—delays can jeopardize your ability to recover lost funds. Our experienced ERISA attorneys are here to handle the complexities of your case. 

We’re dedicated to holding employers accountable and protecting the retirement savings you’ve worked hard for. Take the first step toward justice today. 

Your retirement deserves protection. Let Wenzel Fenton Cabassa, P.A., fight for your future. We have developed and refined a very specific process that we use when contacting a potential client about a case. Because we have a well-trained team, most of whom have been with us for several years, the interplay between our New Client team and our lawyers is well-orchestrated and seamless. We have seen virtually every fact pattern imaginable in the workplace, and our New Client team knows the right questions to ask to get to the heart of the factual and legal issues presented by a potential client contacting our firm. We may contact you several times to collect all of the necessary information that will allow us to determine whether our firm can assist you. Here is what you can expect when you contact our firm: SEE OUR CASE PROCESS

Related Posts for Employee Rights

#### Fair Credit Reporting Act
FLORIDA FAIR CREDIT REPORTING ACT (FCRA) ATTORNEYS

EXPERIENCED FCRA ATTORNEYS FIGHTING FOR EMPLOYEE RIGHTS

ABOUT THE FAIR CREDIT REPORTING ACT (FCRA)

The Fair Credit Reporting Act (FCRA) regulates much more than the “credit report” or credit score you hear so much about. The FCRA offers valuable protections for employees (or applicants) when their personal information is used to make employment decisions. Were you wrongfully denied employment due to a background check? You may be a victim of a Fair Credit Reporting Act violation.

Before any employer can conduct a background check by obtaining a “consumer report,” the employer must do several things to ensure compliance with the Fair Credit Reporting Act (“FCRA”).

For example, an employer must tell the applicant that such information in the consumer report may be used for decisions related to employment. The employer’s FCRA notice and consent by the employee to the applicant must be in writing and in a stand-alone format. In fact, the FCRA notice and consent by the employee cannot be buried in the fine print of an employment application. Additionally, an employer needs written permission from the applicant or employee to conduct the background check.

YOUR RIGHT TO DISPUTE BACKGROUND CHECK RESULTS

Under the FCRA, employers cannot simply reject an applicant based on information in a background check without first giving the applicant a reasonable period of time to review the report and dispute the information.

In other words, as the applicant, you are entitled to dispute the information contained in your background check before the employer takes any adverse action against you, including not hiring you. This notice is referred to as “pre-adverse notice” under the FCRA. The same notice must also be provided to current employees subjected to background checks affecting reassignments, promotions, and terminations.

PRE-ADVERSE ACTION NOTICE AND ADVERSE ACTION NOTICE

A “pre-adverse action notice” informs an employee or applicant of the right to see information being reported to the employer in a consumer report and to correct inaccurate information. The notice must include a copy of the consumer report and the Consumer Financial Protection Bureau’s Summary of Rights. The employee must be given a reasonable time to respond to the report. A fairly accepted standard is to allow the employee five business days between the pre-adverse action notice and the adverse-action notice.

The “adverse action notice” must include the name, address, and phone number of the consumer reporting company that supplied the report; a copy of the consumer report; a statement confirming that the company supplying the report did not make the decision to take the unfavorable action and can’t give specific reasons for it; and a notice of the your right to dispute the accuracy or completeness of any information the consumer reporting company furnished, and to get an additional free report from the company if the person asks for it within 60 days.

CONSUMER REPORTING AGENCIES

Enacted in 1970, the FCRA grants to consumers strong rights regarding information that companies like Defendant trade about them. Specifically, Congress has emphasized that “the consumer has a right . . . to correct any erroneous information in his credit file.” S. Rep. No. 517, 91st Cong., 1st Sess. 2 at 2 (emphasis added). Through the FCRA, Congress codified such right, establishing “the right of a consumer to be informed of investigations into his personal life.” Id. at 1 (emphasis added).

Key to such consumer oversight are the FCRA’s disclosure provisions, which promote the FCRA’s broader goals of fair and accurate credit reporting by requiring consumer reporting agencies (“CRAs”) like Defendant to disclosure to consumers, on their request, the troves of information they collect and sell about consumers. 15 U.S.C. § 1681g. This information is commonly known as a “file disclosure.” In fact, each CRA is required by the FCRA to provide consumers with copies of their consumer files without charge every twelve months, after a credit denial and in other limited circumstances including, when a person (or company) has taken an adverse action against a consumer because of information in the report. 15 U.S.C. § 1681g(a).

The term “file,” when used in connection with information on any consumer, means “all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.” 15 U.S.C. § 1681a(g).

Along with the information itself, CRAs are also required to reveal to consumers “the sources of the information” in consumers’ file disclosures. § 1681g(a)(2). Unfortunately, sometimes CRAs deprive consumers of their rights under the FCRA by willfully failing to provide them with complete and truthful information it sells about them to employers. A CRA’s failure to timely provide a consumer with a full file disclosure potentially violates the FCRA.

We have successfully represented people who lose job opportunities because CRAs supply employers with consumer report falsely attributing certain items, including convictions, that do not belong to them. If you have lost a job opportunity because false, misleading, or inaccurate information was included in your background check, contact us today for a free case review.

DOES THE FCRA APPLY?

But there’s more. Incredibly, sometimes companies, including both CRAs and employers, argue they are not subject to the FCRA because the reports they utilize for employment purposes fall outside of the FCRA’s definition of a “consumer report.” But as one court recently explained, a party is not outside the reach of a federal statute simply because it says so. To conclude otherwise, of course, would obviate the need for laws at all.

For example, some CRAs use automated processes to web-scrape criminal histories from court websites and then assign them to specific consumers based on name alone. Such records are often misleading, inaccurate, or simply false. Those records are then sold to employers who rely on them for hiring decisions. Unfortunately, in some instances, people lose jobs opportunities because of background check generated by these companies. When that happens, often applicants are not provided with any of the rights afforded to them under the FCRA, including pre-adverse and adverse, before an employer takes adverse employment action against them. Such a scenario violates the FCRA for multiple reasons.

First, if a CRA improperly claims not to be covered by the FCRA, when asked often it will refuse to provide copies of a consumer’s full file. Such a refusal likely violates 15 U.S.C. § 1681g(a), which requires that a CRA provide not only “all information”, but also “the sources of the information” in the consumer’s file, and comprehensive list of everyone, including end-users, to whom the CRA has provided a report about the consumer. 15 U.S.C. § 1681g(a)(1)–(3).

Second, CRAs that improperly claim not to be covered by the FCRA often violate 15 U.S.C. §§ 1681b(b)(1)(A)(i)-(ii) by providing consumer reports used for employment purposes without first obtaining from the employer to whom the report is sold certification that the employer first complied with the disclosure, authorization, and notice requirements set forth in 15 U.S.C. §§ 1681b(b)(2)(A)(i)-(ii).

Third, if a CRA improperly claims not to be covered by the FCRA, it also likely violates 15 U.S.C. § 1681k. It does so by furnishing consumer reports containing public information likely to have an adverse effect on a consumer’s ability to obtain employment but failing to provide at the time notification to the consumer that such information was being reported and to whom it was being reported. Such notifications are key, and required by the FCRA.

If you believe that a company has improperly denied it is subject to the FCRA, and you lost a job opportunity as a result, please contact us for a free case review.

CASE STUDY

Recently, our law firm represented a former employee of a national employer who lost his job because, according to the results in a background check obtained on her by the employer, he had been convicted of theft. However, our client had no criminal convictions whatsoever. The theft conviction included on the client’s background check belonged to someone else. Not only that, our client’s former employer failed to provide him with the pre-adverse notice required under the Fair Credit Reporting Act. If our client had been given this opportunity, he could have explained the mix-up to his former employer and likely kept his job. Instead, he was fired. So, he called us. We filed a class action lawsuit on his behalf, and on behalf of nearly 50,000 other people who had similar experiences with that employer. The case settled on a class basis for more than one million dollars.

CONTACT A FCRA ATTORNEY IN FLORIDA TO REPRESENT YOUR CASE

If you have been wrongfully denied employment due to a background check, or you feel your FCRA rights have been violated, you may be able to seek damages and sue in state or federal court.

Why is Wenzel Fenton Cabassa, P.A. the best choice for the job? Our firm of dedicated law professionals works tirelessly on behalf of employees, not employers. Our capable attorneys have earned their reputations as tough litigators who secure the best resolution and justice for our clients.

If you feel your rights have been violated and your prospective employer or current employer has not complied with the Fair Credit Reporting Act, you’ll want to speak with a skilled credit protection lawyer. Contact us today for your free, confidential case evaluation.

Offices available in Tampa, St. Petersburg, Sarasota, Miami, Jacksonville, West Palm Beach, and Orlando for your convenience.

RELATED POSTS FOR FAIR CREDIT REPORTING ACT (FCRA)

#### Fair Labor Standards Act
FLORIDA UNPAID OVERTIME ATTORNEYS

UNPAID OVERTIME IN FLORIDA

Florida employers find ways to cut costs, often at the expense of their hard-working employees. This focus on the bottom line may end up violating rights and short-changing money owed to an employee. Do you have unpaid overtime? Florida overtime attorneys fight for the rights of people just like you, holding employers accountable by working hard for justice.

At Wenzel Fenton Cabassa, P.A., we represent employees in individual and collective unpaid overtime actions. In some cases, mediation helps to resolve the issues. However, we pride ourselves on being trial lawyers and will not hesitate to file a lawsuit if it provides the best outcome.

https://www.youtube.com/watch?v=tmiE5ZaFp5U

FLORIDA UNPAID OVERTIME AND THE FLSA

More than 130 million American workers are protected (or “covered”) by the Fair Labor Standards Act (FLSA), which is enforced by the Wage and Hour Division of the U.S. Department of Labor. Florida law generally tracks the provisions of the FLSA in terms of overtime compensation.

According to the FLSA, employers who require or allow an employee to work overtime must provide “premium pay.” The employee is entitled to receive time-and-a-half pay for every hour over 40 within one workweek. The FLSA does not require extra pay for weekends and holidays unless the hours worked are above 40.

Misclassifying employees as exempt is a common tactic in reducing payroll throughout Florida. This business practice benefits the employer while hurting the employee. Workers who should be hourly employees are put on a salary, freeing up the employer to have a staff member work longer hours without having to pay them. Others offer cash for “working off the clock” and going beyond 40 hours but still do not pay overtime.

Employers will also misclassify employees as independent contractors instead of employees. Does this sound familiar? Domestic workers are also typically covered by the law under the FLSA too. This includes housekeepers, full-time babysitters, and cooks.

FREQUENTLY ASKED QUESTIONS ABOUT OVERTIME

How is Overtime Calculated in Florida?

Need an unpaid overtime calculator? The standard way that you figure out overtime pay in Florida is to take your regular pay rate and multiply it by 1.5. This number would be multiplied by the number of hours you worked above 40 per week. Unpaid overtime can accumulate quickly and amount to a very substantial amount of money. An overtime lawyer fights hard for employee rights to help people receive the money they have rightly earned.

However, some employees who work over 40 hours a week are simply not entitled to overtime pay because they are “exempt” from the overtime provisions of the law. Not every worker in the state has a legal right to overtime.

Who is Exempt From Overtime in Florida?

Certain “white collar” employees in the state of Florida are exempt from legal requirements for overtime. These employees have to pass a three-tiered test to be considered exempt.

This includes:

The worker is not paid on an hourly basis — only those getting paid a salary.

The salary must be not less than $455 per week.

The primary job responsibilities are professional, administrative, or executive — each of these categories of workers must perform specific duties like supervising employees (at least 2 full-time or the equivalent) and have the power to recommend hiring or firing, or do the hiring or firing themselves.

In short, you must meet a salary test and a duties test to be “exempt” from overtime compensation. Even if you meet the duties test, if you are paid by the hour, you are not exempt and may claim overtime pay.

What is the Statute of Limitations on Unpaid Overtime?

Under the FLSA, the standard statute of limitations is in general two years for the recovery of unpaid overtime. However, if you can establish that there were willful violations, the statute of limitations goes out to three years.

Under Florida law, an employee has four years to file a lawsuit if your employer failed to pay you the minimum wage. If the violation was willful, you have up to five years to file your claim or lawsuit. Consult with an employee rights attorney if you have questions regarding your eligibility under the statute of limitations.

An employee with unpaid overtime can file a private suit and claim an equal amount as liquidated damages, plus legal fees and court costs. To summarize, Florida state law and federal law give employees the right to collect not only the overtime premium for hours worked but also additional penalties in the form of liquidated damages, fees and costs.

If I Signed a Waiver, Can I Still Pursue Unpaid Overtime?

Yes. As a general rule, it is not lawful for employers to make employees sign waivers so they don’t have to pay them minimum wage or overtime. There are only two scenarios that would prevent you from pursuing unpaid overtime or minimum wage. (1) If the waiver was supervised by the Department of Labor or (2) if there was a private lawsuit under court supervision that resolved your claim for unpaid overtime or minimum wage.

CONTACT AN UNPAID OVERTIME LAWYER IN FLORIDA

Overtime attorneys have helped thousands of others just like you. Employers always have strong legal representation and we believe that you should too. We work hard for workplace justice and understand the complex justice system and what it takes to get unpaid overtime.

Our employee rights lawyers enjoy respect from their peers coupled with a track record of success in mediating and litigating employment disputes. Many of Florida’s unpaid overtime claims take the form of collective actions with multiple employees victimized by an employer violating their rights under the FLSA.

Regardless of the complexity, we will take on all aspects of your case, protecting your rights and fighting for the best outcome.

At Wenzel Fenton Cabassa, P.A., our employment law attorneys are experienced in wage and hour violations for employees. We tackle any workplace violation aggressively and with you, and your family, in mind. If you have not been paid for overtime hours from an employer contact our office to speak with an unpaid overtime attorney or schedule your free case evaluation with us today. We have locations throughout Florida for your convenience:

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#### Family Medical Leave Act
FMLA Lawyers in Florida: Protecting Your Job & Your Rights

If you’ve been denied leave, demoted, or fired after requesting or taking time off under the Family and Medical Leave Act (FMLA), you have rights, and you may have a legal case.

At Wenzel Fenton Cabassa, P.A., we help employees across Florida stand up to employers who violate FMLA protections.

Understanding the Family and Medical Leave Act (FMLA)

The FMLA is a federal law that gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualified medical and family reasons — without fear of retaliation.Common reasons for FMLA leave include:

The birth of a child and bonding time

Placement of a child for adoption or foster care

Caring for an immediate family member with a serious health condition

Your own serious health condition

Certain military family needs

Key protections:

Group health insurance coverage continues during leave

Restoration to your original (or equivalent) position after returning

Option to use accrued paid leave during your FMLA time

download our free FMLA guide

Are You Eligible for FMLA Leave?

Basic Criteria

Worked for your employer for at least 12 months

Logged 1,250 hours in the past year

Employer has 50+ employees within 75 miles of your workplace

If You’re Denied Leave

The various federal FMLA forms are posted below to download and print. The FMLA allows the majority of employees (who meet certain eligibility requirements) to take a leave of absence from work for a variety of health and family-related reasons.

If you meet these requirements and your employer refuses leave, speak with an FMLA attorney immediately (strict deadlines apply).

GET A free case evaluation

What to Do If Your Employer Retaliates or Denies Your Leave

Retaliation can include:

Termination after requesting leave

Demotion or reduced pay

Negative performance reviews tied to your absence

Refusal to reinstate your position

Our attorneys will:

File your FMLA claim

Gather documentation and witness statements

Negotiate with your employer

Represent you in court if necessary

Required FMLA Forms & Documentation

When applying for FMLA leave, you may need one or more of these:

WH-380-E  - Certification for an employee’s own serious health condition

WH-380-F  - Certification for a family member’s serious health condition

WH-381 - Notice of Eligibility & Rights/Responsibilities

WH-382  - Designation Notice (approval/denial)

WH-384 - Certification for military exigency

WH-385 - Certification for servicemember injury/illness 

Why Choose Wenzel Fenton Cabassa, P.A.?

Experience You Can Trust

Decades of employment law success

Statewide coverage: Tampa, St. Petersburg, Sarasota, Orlando, Miami, Jacksonville, West Palm Beach

Proven results in FMLA and workplace retaliation cases

Our Commitment to You

Free case evaluations

No win, no fee guarantee

Direct attorney communication

Don’t delay, as you may have as little as 2 years to file an FMLA claim. Fill out the form to start your free case evaluation.

Free, confidential case evaluations | No win, no pay | Serving all of Florida

Call Us now

Request your free case evaluation

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#### Florida FCHR and EEOC Lawyers
Florida FCHR and EEOC Lawyers

Protect Your Rights with Experienced Legal Representation

Have you experienced workplace discrimination? You have the legal right to seek justice, and with skilled FCHR and EEOC lawyers on your side, you can achieve a fair resolution. At Wenzel Fenton Cabassa P.A., our dedicated team of Florida-based attorneys is here to guide you through each step of the process. We are committed to fighting for your workplace rights and ensuring justice is served.

What is EEOC Mediation?

The Equal Employment Opportunity Commission (EEOC) was established under the Civil Rights Act of 1964 to enforce laws against workplace discrimination. EEOC mediation is an alternative dispute resolution (ADR) process, where both employees and employers negotiate settlements regarding discrimination claims. The goal is to avoid lengthy court battles by reaching a mutually beneficial agreement.

Why It Matters: Employers often have legal representation during EEOC mediation. Having an experienced EEOC lawyer on your side is crucial to protect your rights and interests.

What is FCHR Mediation?

The Florida Commission on Human Relations (FCHR) enforces Florida's civil rights laws. FCHR mediation addresses a broad range of workplace discrimination issues, including race, religion, age, disability, sexual orientation, and more. With skilled FCHR lawyers by your side, you’ll be better equipped to navigate this complex process and achieve a favorable resolution.

Are You Ready to Resolve Your Discrimination Claim?

Once a discrimination charge is filed with either the EEOC or FCHR, mediation is typically the next step. Both parties may participate in mediation facilitated by a mediator from one of these agencies, or a private mediator may be chosen. While mediation is voluntary, it often leads to a quicker and more efficient resolution of disputes.

Timely Action is Key: Most discrimination charges must go through the EEOC or FCHR before filing a lawsuit. Strict filing deadlines apply, so taking timely action is critical to preserve your rights.

How Does the EEOC and FCHR Mediation Process Work?

After a discrimination charge is filed, you will likely receive an invitation to mediation. If your employer agrees to participate, the case can often be resolved before escalating to court. This process provides a unique opportunity to reach a mutually beneficial solution while avoiding the time, cost, and stress of litigation.

Goals of Mediation: Mediation aims for a faster, less costly resolution of discrimination claims. The process often results in policy changes, financial settlements, or both.

Confidentiality: All discussions during mediation are confidential. If the process is unsuccessful, nothing that is said can be used in further proceedings.

Low Cost: The EEOC and FCHR provide mediators free of charge, making mediation a cost-effective alternative to court.

Neutrality: Mediators work impartially to help both parties reach an agreement.

Why Hire an FCHR or EEOC Attorney in Florida?

Discrimination cases are often complex, requiring expertise in both federal and state employment laws. Florida FCHR and EEOC attorneys specialize in navigating these intricate legal landscapes. An experienced lawyer will:

Negotiate on your behalf, ensuring that your rights are protected.

Advocate for the best possible outcome, whether it’s a financial settlement or policy changes.

Expedite the mediation process, helping to resolve the case more efficiently.

Contact Us For a Free, Confidential Case Evaluation Today

Mediation is a vital step in resolving discrimination claims, and while legal representation isn’t required, it is strongly recommended. Having an experienced EEOC or FCHR lawyer on your side can greatly improve your chances of a successful outcome.

At Wenzel Fenton Cabassa P.A., we have a proven track record of representing employees in EEOC and FCHR mediations across Florida. Our attorneys understand the strategies employers use and are prepared to fight for your rights.Contact us today for a free, confidential case evaluation with a skilled EEOC or FCHR attorney. We have convenient office locations in Tampa, St. Petersburg, Sarasota, Jacksonville, Miami, Orlando, and West Palm Beach.

RELATED POSTS FOR EMPLOYMENT DISCRIMINATION

#### Florida National Origin Discrimination Attorneys
Florida National Origin Discrimination Attorneys

National origin discrimination was one of the original “suspect classifications” from the Civil Rights Act of 1964. Unfortunately, employers still use national origin to harass and discriminate against certain employees today.

Since its founding in 2001, Wenzel Fenton Cabassa, P.A. has helped thousands of workers stand up to their employers for the discrimination they have faced. Our attorneys are committed to providing clients with diligent, aggressive, and ethical representation. We have decades of experience handling sensitive and complex employment discrimination cases. 

If you have experienced unequal treatment based on your national origin, our national origin discrimination attorneys can help.

Understanding National Origin Discrimination

In the original language of Title VII of the Civil Rights Act, national origin was listed with race, color, religion, and sex. The term also appears in the Florida Civil Rights Act.  

As originally formulated, these laws prohibited discrimination against someone based on their country of birth or ancestral origins. These prohibitions have become significant because “national origin” has expanded to cover new forms of discrimination. Specifically, “national origin” includes characteristics like ethnicity, language, accent, or appearance that are interchangeable with national origin.

The line between national origin and race discrimination is blurry. Some simple examples include treating workers or job applicants differently based on the following:

A person with a Chinese surname

An applicant or worker who speaks Spanish or has a Spanish accent

Someone wearing a hijab or turban

In all these cases, the employer impermissibly used a proxy for national origin to discriminate among people.

National Origin Discrimination in the Workplace

Civil rights laws prohibit employers from using national origin to determine a person’s terms or conditions of employment. Some ways discrimination can manifest in a workplace include:

Job listings

Hiring

Promotions

Pay and pay raises

Training

Job assignments

Termination

The law also prohibits any facially impartial policy that has a disparate impact on people of certain national origins. For example, a policy banning hats might discriminate against Sikhs, Jews, and Muslims. Similarly, an English-only policy discriminates against those raised in Spanish-speaking households or countries.

Our team can gather evidence to prove what you experienced and, more importantly, how it relates to your national origin. We use this evidence to fight for justice and fair financial compensation.

Benefits of Hiring a National Origin Discrimination Attorney

Fortunately, we have decades of experience gathering evidence to prove national origin discrimination in Florida. Over thousands of cases, we have learned exactly what evidence and legal arguments to make to effectively support your discrimination claims. We use this information to advocate for the relief you deserve, such as compensation for your losses and expenses.

Our firm's national origin discrimination lawyers can also fight to settle your case. Many cases never reach a judge or jury. Instead, we try to resolve your case quickly and fairly so you can move on with your career. If settlement negotiations fail, we can proceed to prove your case at trial.

The Legal Process Explained

Wenzel Fenton Cabassa, P.A. provides comprehensive advice and support at every step of the legal process.

Initial Case Evaluation

During your initial case evaluation, we listen to your story, analyze your legal options, and ask questions to understand what happened. Then, we apply the law to your situation, explain your rights, and discuss the steps we can take. Finally, we learn about your goals and explore the remedies we can pursue based on them. Our team includes experienced attorneys ready to assist you.

Investigation

Your national origin discrimination attorney gathers evidence to support your case. This evidence might include:

Employment records

Communications, including electronic messages

Photos or videos

Statements from co-workers who witnessed what happened

Statements from whistleblowers

The evidence helps us develop and support our arguments to prove your treatment was based on discrimination and not some other reason.

Equal Employment Opportunity Commission (EEOC) Charge

Federal civil rights laws require that workers file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) before we can pursue a lawsuit. 

Lawsuit

Many cases never see a trial. Instead, they are resolved at the EEOC level. If we offer you a litigation contract and you choose to file a lawsuit, we can prepare the pleadings and aggressively seek evidence from your employer during discovery. 

Proven Success in Discrimination Cases

We have a long track record of success in cases of national origin discrimination. For instance, we recently secured $25,000 for an employee of Middle Eastern origin who was ridiculed and terminated. We also obtained $45,000 for an employee discriminated against due to his national origin.  These are just a couple of examples of the countless national origin claims we have handled at our firm.  

Your Rights, Our Commitment

No one should experience national origin employment discrimination, and we are committed advocates for those who have. We have extensive experience with discrimination cases and stand ready to defend your civil rights and ensure justice on your behalf. Contact our Florida National Origin Discrimination Lawyers today for a free, confidential case evaluation.

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#### Florida Tip Pooling Laws
Sharing Tips and Tip Pooling Laws in Florida

Tipped employees play an essential role in Florida’s restaurant and hospitality industries, yet tip sharing and tip pooling violations happen far too often. If your employer has unlawfully taken or distributed your tips, you may have a claim under Florida and federal wage laws.

At Wenzel Fenton Cabassa, P.A., our Florida tip-pooling lawyers protect the rights of workers who rely on tips for their income. We hold employers accountable when they violate your right to fair pay.

Understanding Tip Pooling and Tip Sharing in Florida

Tip pooling (or tip sharing) occurs when an employer requires employees who receive tips to combine them into a shared pool. Those tips are then distributed among staff according to company policy.

While tip pooling is legal under certain conditions, it must follow strict rules established by the Fair Labor Standards Act (FLSA) and Florida law. Employers often violate these laws, sometimes unintentionally, sometimes deliberately, by including workers who aren’t legally allowed to participate or by taking a portion of the tips for themselves.

What Makes a Tip Pool Illegal?

Under both federal and state law, a tip pool becomes illegal when:

The employer itself or its management personnel keeps any portion of the tips.

Tips are given to non-tipped employees, such as kitchen staff, dishwashers, or janitors (unless a valid non-tip-credit pool is established).

The employer fails to pay at least the Florida minimum wage after applying the tip credit. In other words, the payments made to you as minimum wages plus the tips you received from the tip pool must equal the applicable minimum wage.

Employees are not notified in writing about the use of a tip credit or the structure of the pool.

If any of these apply, you may be entitled to recover unpaid wages and additional damages.

Your Rights Under Florida and Federal Law

The FLSA and the Florida Minimum Wage Act protect tipped workers across the state. In 2025, Florida’s minimum wage for tipped employees is $8.98 per hour, with the employer permitted to take a tip credit of $3.02, provided all rules are followed.

If your employer fails to comply, you may be owed:

The full minimum wage difference,

Unpaid tips wrongfully withheld, and

Liquidated damages, doubling the total amount owed to you.

Common Examples of Tip Pooling Violations

Many workers don’t realize their employer’s practices may be illegal. Common violations include:

Tip-outs required to shift managers or kitchen staff.

Employers using pooled tips to cover breakage, walk-outs, or register shortages.

Failure to disclose the tip-credit policy in writing.

Automatic service charges being treated as tips rather than wages.

No overtime pay being applied when tipped employees work over 40 hours per week.

How to Recover Unpaid Tips and Wages

If your tips have been wrongfully withheld or misallocated, our attorneys can help you file a claim to recover:

Unpaid tips and back wages,

Liquidated (double) damages,

Attorney’s fees and court costs, and

Compensation for retaliation or termination tied to your complaint.

At Wenzel Fenton Cabassa, P.A., our experienced employment law attorneys will evaluate whether you may have a valid wage claim. Based on the facts of your situation, we’ll advise you on how we may be able to assist under the current laws. With over 200 years of combined legal experience, our team has the knowledge and skill to help Florida employees understand their rights and make informed decisions about their next steps

What to Expect Once You File a Claim

Once your claim is filed, your Florida tip-pooling attorney will:

Notify your employer of the wage violation.

Negotiate for full repayment and damages.

File with the U.S. Department of Labor or appropriate court if needed.

These claims are governed by a statute of limitations, generally two years under the FLSA (or three years for willful violations). Acting quickly preserves your right to full recovery.

Why Choose Wenzel Fenton Cabassa, P.A.?

Since 1994, our Tampa-based law firm has championed employee-rights cases throughout Florida. We focus exclusively on employment law and have recovered millions for workers in wage and hour disputes, including cases involving unpaid wages, unpaid overtime, and illegal tip pools.

Our attorneys provide:

Personalized, one-on-one service.

No-fee representation unless you win.

Statewide coverage, representing clients from Tampa, St. Petersburg, Orlando, Miami, and beyond.

When you’re fighting for what you’ve earned, experience matters.

Schedule a Free Case Evaluation

If you suspect your employer has taken your tips or required an unlawful tip pool, contact Wenzel Fenton Cabassa, P.A. today. Our Florida tip-pooling lawyers offer a free, confidential evaluation and will fight to recover the wages and tips you rightfully earned.

Call us today or complete our online form for your free, confidential case evaluation. We don’t get paid unless you win!

FAQs

What are the laws for tipped employees in Florida?

In Florida, tipped employees must earn at least the state’s minimum wage once tips and direct wages are combined. Employers can require employees to participate in a valid "tip pool," but the pool must only include workers who customarily and regularly receive tips (like servers, bartenders, or bussers). Managers and owners cannot take any portion of employee tips.Can my employer force me to share tips with kitchen staff?

Generally, no. Florida follows federal law under the Fair Labor Standards Act (FLSA). Only employees who "customarily and regularly" receive tips—like servers, bartenders, and bussers—may be included in a tip pool. Dishwashers, cooks, and other back-of-house staff who don’t directly earn tips cannot legally share in the pool.

If your tip pool is being illegally shared, contact the Florida tip pool violation lawyers at Wenzel Fenton Cabassa, P.A.What to do if an employer steals tips?If an owner or manager keeps any portion of employee tips, that’s illegal. You should document what’s happening—save pay stubs, schedules, text messages, or receipts that show how tips were collected and distributed.

If your hard-earned tips are being stolen, the Florida tipping violation lawyers at Wenzel Fenton Cabassa, P.A. are here to help.

Are managers or supervisors allowed to take a share of tips?No. Under federal law, managers and supervisors are not permitted to take or share in employees’ tips. Tips belong to the employees who earn them, and management cannot keep any portion, even if they sometimes perform tipped duties. If a manager or supervisor is taking a share of tips, that may be considered an unlawful tip practice.Can I sue an employer for stealing my tips?Both federal and Florida laws allow employees to bring legal action if an employer keeps or misuses tips. Many employees recover not only the stolen tips but also liquidated damages (often doubling the amount owed) and attorney’s fees.

The Florida wage theft attorneys at Wenzel Fenton Cabassa, P.A., are experienced litigators who are prepared to take cases to court.

Can my employer take my tips as punishment?Tips belong to the employee who earned them. Employers cannot withhold or deduct tips as a form of discipline. Wenzel Fenton Cabassa P.A.’s wage theft attorneys have extensive courtroom experience holding employers accountable for unlawful tip practices in Florida.What if my employer takes part of the tip pool to cover breakage, walk-outs, or mistakes?

This is illegal. Employers cannot use employee tips to pay for losses, broken items, or customer walk-outs. Those business costs cannot legally come out of tips.

When employers refuse to pay tips lawfully, the Florida wage and hour lawyers at Wenzel Fenton Cabassa, P.A., are prepared to litigate on behalf of employees to seek the compensation they are owed.What’s the difference between a valid tip pool and wage theft?

A valid tip pool shares tips only among tipped employees. Wage theft occurs when an employer, manager, or ineligible worker takes tips, or when the tips don’t bring your hourly pay up to minimum wage.What happens if my tips don’t add up to minimum wage?

If your hourly wage plus tips doesn’t reach Florida’s minimum wage, your employer must make up the difference. Failing to do so is a wage violation.

Contact the Florida minimum wage violation attorneys at Wenzel Fenton Cabassa, P.A.Do I need proof to bring a tip theft claim?

Evidence helps, but isn’t always required. Pay stubs, schedules, and text messages can all support your case.How long do I have to sue for stolen tips in Florida?

Employees typically have up to two years to bring a claim for unpaid wages (three years if the violation was willful). Waiting too long could mean losing your right to recover.Are tip jars covered under tip pool laws?

Yes. Whether tips are collected through credit cards, cash, or a communal tip jar, the same rules apply: only tipped employees may share in those funds.Can my boss fire me for complaining about stolen tips?

No. Retaliating against employees for asserting their wage rights—like complaining about missing tips—is illegal.

If you’re fired, demoted, or harassed for speaking up, contact the Florida retaliation attorneys at Wenzel Fenton Cabassa, P.A.What if my employer takes a ‘house fee’ out of my tips?

Any "house fee," "service charge," or other percentage cut taken by the employer from employee tips can be illegal unless clearly designated as a service charge and not treated as tips. If customers think they’re tipping you, that money cannot be kept by the house.

Don’t let your employer steal what you earned. The Florida tip violation attorneys at Wenzel Fenton Cabassa, P.A., are here to protect your rights and recover your tips.

RELATED POSTS FOR SHARING TIPS and TIP POOLING

#### Florida's Premier Executive Compensation Attorneys
Florida's Premier Executive Compensation Attorneys

Executives are often the first workers to arrive and the last to leave. Depending on the company, executives may take on enormous financial and reputational risks when joining a business — and their compensation should reflect this fact.

Wenzel Fenton Cabassa, P.A. has represented employees at all levels since 2001. Our Florida executive compensation attorneys live and work in the state. We use our local knowledge of Florida-based businesses and executives to negotiate the best deal possible based on market conditions. 

If you are an executive in the Sunshine State, turn to our premier team of executive compensation attorneys for trusted and effective representation.

Components of Executive Compensation in Florida

A seasoned executive compensation lawyer keeps up on the latest developments in the field. Our experience gives us insight into what companies currently offer and how they structure executive compensation package agreements and contracts. 

These insights help us tailor creative solutions to meet your goals based on the local economic climate, industry standards, and legal compliance issues. You should consider the following components as you decide what to include in the negotiation:

Base Salary

You typically receive your base salary in regular paychecks. Most companies will prefer to pay a lower base salary and higher performance bonuses. This structure ensures you work toward the company’s goals. At the same time, however, you have bills to pay.

That is why we work to ensure your base salary number will cover your living expenses. We also analyze your base salary in light of what comparable companies in Florida pay to verify that your paychecks fairly reflect your value to the company.

Performance Bonuses

Companies love performance bonuses because they help justify your salary to shareholders, investors, and creditors. We verify that the terms of the performance bonuses are clear and achievable. Specifically, we fight for bonus standards that are within your abilities and not left purely to chance.

We also review the bonus amount, whether it is paid in cash, stock, or another form, to determine whether the board has promised a fair amount for the work you will perform and the target you must reach. Often, we will use our experience and knowledge of other companies’ practices to measure the fairness of your performance bonuses.

Long-Term Incentives

Long-term incentives usually give you a road map to where the board and shareholders want the company to go. Like performance bonuses, long-term incentives need to be clear and achievable, and the reward should be fair. We negotiate for appropriate long-term incentives based on the difficulty of the goal.

Retirement Plans

You will not work forever. It is essential to consider your retirement timeline and what you will need after you retire. For example, if this might be your last position before retirement, you may want to be more aggressive in asking for retirement-related compensation and benefits. 

Ideally, the company will max out your 401(k) contributions and set up a non-qualified deferred compensation plan to help you plan for your future retirement needs and manage your present income tax concerns. Deferred compensation, like stock options, can also help you gain equity in the company you helped to build.

Fringe Benefits

Anything outside of your normal compensation is considered a fringe benefit, such as:

Health insurance

Stock options

Use of a corporate car or jet

Membership in country clubs

Tickets to sporting events

Our executive compensation attorneys use their knowledge of the local business customs to get the additional benefits you need.

Navigating Salary Negotiations in Florida

We use a strategic approach to negotiating executive salaries. If an attorney plays hardball in Florida’s corporate world, they may potentially alienate the board’s executive compensation committee. Conversely, if the attorney is not aggressive enough, they might not achieve your goals.

That is why we rely on local market data and industry trends to explain to the board that your negotiating position is reasonable based on the following factors:

The job position

The size of the company

The industry

Compensation paid to executives by local competitors

Our Florida executive compensation attorneys also explain factors unique to your situation, such as competing offers or a move from another state.

At the same time, we also appreciate that compromise plays a part in every negotiation. As we exchange offers and counteroffers with the company, we can:

Analyze their impacts on you and your goals

Advise you of the risks and rewards of each proposal

Devise creative solutions if you choose to counteroffer

Present your counteroffer to the board and advocate for your position

Above all else, our executive compensation attorneys always keep you in the loop because we are negotiating on your behalf.

Ensuring Compliance With Local and Federal Laws

Executive compensation has become a hot-button issue. As shareholders, board members, and regulators scrutinize executive compensation packages, we consider potential legal compliance issues under state and federal law.

When advising you about executive compensation packages, we evaluate factors such as:

Federal income tax laws and regulations

Federal securities laws governing executive compensation disclosures

Florida corporate laws

Florida laws limiting executive salaries for nonprofits and government contractors

Despite calls to regulate executive compensation, there is no cap on how much an executive can earn in Florida. However, it is crucial to avoid triggering a rebellion by directors or, worse yet, a lawsuit from shareholders over your pay. 

We can advise you on the legal risks you face so that we can structure a lawful and effective compensation package.

Successful Outcomes in Executive Compensation

Our Florida executive compensation attorneys have successfully represented many new and seasoned executives while negotiating for compensation.

Why Choose Our Florida Attorneys for Your Executive Compensation Needs

Your executive compensation package might be one of the most important negotiations you undertake in your career. The Florida executive compensation attorneys at Wenzel Fenton Cabassa, P.A., have the knowledge, experience, and deep business connections necessary to successfully negotiate a compensation package that meets your goals.

We can tailor a negotiation strategy based on the company and your needs. This process has served both us and our clients well, creating a long track record of successful client partnerships. 

To learn how an executive compensation lawyer from Wenzel Fenton Cabassa, P.A. can help you obtain the executive compensation package you deserve, contact us for a case evaluation today.

RELATED POSTS FOR Florida's Premier Executive Compensation Attorneys

#### Independent Contractor Misclassification
INDEPENDENT CONTRACTOR MISCLASSIFICATION

AM I AN INDEPENDENT CONTRACTOR OR EMPLOYEE?

https://www.youtube.com/watch?v=dSWgkZKHlh0

Are you really an independent contractor? According to the Department of Labor, most workers are, in fact, “employees”. Faced with constant pressure to cut costs, many companies have in recent years turned to the use of “independent contractors” to perform specialized or irregular work. The practice has become so common that many workers are misclassified as independent contractors, losing compensation and benefits to which they are entitled under the law.

Though employers welcome the savings, the cost to individual workers can be huge.

Because there is no fixed definition of an independent contractor, courts must review several factors when considering cases. These factors we’ll discuss later, but the important consequences of improperly classifying a worker as an independent contractor can include denial of minimum wages, overtime compensation, health and retirement benefits, workers’ compensation, unemployment insurance, and more.

While the misclassification of workers as independent contractors occurs across various industries and job positions, there are a few specific occupations in which it is extremely common:

Construction workers

Drivers

Exotic dancers

Hair stylists

Healthcare workers

Landscaping/Maintenance crews

Nail salons

Nannies

Staffing agencies

Start-up companies

The mere use by an employer of an IRS Form 1099 is not dispositive as to whether an individual worker is an independent contractor rather than an employee. Generally, there are six key factors that courts consider when determining whether a company has improperly classified a worker.

Courts look at several factors when determining whether someone is an employee or independent contractor, including:

The duration of the working relationship.

The worker’s independent investment in tools and materials.

The degree of direct control that the employer has over the worker.

The worker’s equity in the business, or opportunity for profit and loss.

The degree to which the worker’s role is a vital part of the employer’s business.

The extent that specialized skills or independent initiative are necessary to complete the work.

There is no single factor that makes the difference. Rather, courts must consider all facts related to the working conditions and the individual’s relationship with the company. Reviewing all the evidence in its entirety, courts then determine the proper classification. Misclassified workers may be entitled to additional benefits and compensation, including up to three years of back overtime pay and/or minimum wages.

HAVE YOU BEEN MISCLASSIFIED AS AN INDEPENDENT CONTRACTOR?

Seek legal advice to determine if you have been misclassified as an independent contractor. If you believe you have misclassified and are possibly owed wages in the form of backpay, then you need an experienced employment law attorney. Speak to an employee rights attorney at Wenzel Fenton Cabassa P.A., with a free initial case evaluation to get an in-depth look at your situation and what you can do about it.

INDEPENDENT CONTRACTOR RESOURCES

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#### Military Rights Lawyer
Florida Military Rights Lawyer: Protecting Military Personnel

At Wenzel Fenton Cabassa, P.A., we understand the unique challenges military personnel and their families face. One minute, you may hold a career you deeply care about, only to be transitioning to active duty or being called away to engage in rigorous military training the next. The last thing you expect is for your employer to terminate or refuse to re-employ you when you finish serving the nation. 
Our team of Florida military rights lawyers in Florida is dedicated to serving those who have given so much to our great country. We enforce military members’ rights under laws such as the Uniformed Services Employment and Reemployment Rights Act (USERRA). If you believe your employer has violated your rights as a service member, connect with our team as soon as possible.
Key Areas of Military Rights Representation: What’s Protected?
Navigating the complexities of military rights cases requires experienced legal representation. Our Florida Military Rights Attorneys assist in several critical areas to ensure military personnel receive the protections they deserve. 
We also advocate against discriminatory practices military personnel face, such as being passed up for promotion or denied raises due to their service. We work to ensure fair treatment in employment decisions related to military service and protect your reemployment rights.
Furthermore, our attorneys have assisted clients in handling USERRA claims, which protect job rights for military service members returning to civilian employment. We have worked to secure the benefits and entitlements personnel like you are owed under USERRA and other state and federal laws. 
Understanding USERRA and Employment Rights
USERRA plays a crucial role in safeguarding employment rights while in the military. It mandates that individuals returning from military service be re-employed in the same position they would have attained had they not been absent from military service. 
Everything from seniority to status and pay is covered in USERRA, and the act applies in equal measures to both voluntary and involuntary military service members. It also covers certain types of services in the National Disaster Medical System. 
Navigating Military Discrimination Claims
Despite robust legal protections, military discrimination remains an issue.
Discrimination can take many forms, such as being unfairly passed over for promotions or being denied pay raises, as mentioned earlier. However, in many cases, discrimination can be more subtle. For example, your employer may exhibit hostility toward you because of your military service, a behavior that represents discrimination and harassment. 
At Wenzel Fenton Cabassa, P.A., we aggressively pursue cases where military members have faced mistreatment based on their service, leveraging federal laws like USERRA to protect them from further injustice. 
We take a comprehensive approach to ensure our client's rights are upheld in the workplace. Our dedicated attorneys meticulously gather evidence and build strong cases to hold employers accountable. We aim to secure justice on your behalf and ensure you can move past the discrimination.  
Success Stories in Military Rights
Wenzel Fenton Cabassa, P.A. has successfully litigated several USERRA claims for military service personnel. 
In one case, an Armed Forces member was terminated after receiving orders that required them to leave their place of work for an extended period. The service member’s employer also failed to provide just severance under the organizational policy and federal law.
Our firm's Florida military rights lawyers stepped in to protect the members' rights. After fierce negotiations, we obtained $13,000 in additional severance pay. We would have taken the case to trial if it had not been resolved via negotiations. Our experienced lawyers never shy away from a fight, especially when defending the rights of those who defend our nation.
Why Choose Wenzel Fenton Cabassa as Your Military Rights Lawyer?
When choosing legal representation for military rights issues, experience matters. The legal team at Wenzel Fenton Cabassa, P.A., has years of dedicated service, possesses in-depth knowledge of military rights laws and regulations, and maintains a solid track record of securing favorable outcomes in USERRA cases and effectively enforcing the rights of military members.
Most importantly, we are client-centric in our approach, meaning everything we do is designed to provide you with compassionate support and aggressive advocacy. Our team is passionate about fighting for the rights of men and women in uniform who have selflessly served our nation. We’ll leverage a personalized approach to build a strong case on your behalf. 
If you need a military rights lawyer in Florida, let us help. Contact us for a free case evaluation with a Florida military rights lawyer at Wenzel Fenton Cabassa, P.A. today.

RELATED POSTS FOR MILITARY RIGHTS

#### Minimum Wage
FAIR LABOR STANDARDS ACT (FLSA) ATTORNEYS

WHAT IS THE MINIMUM WAGE IN FLORIDA?

Basic Minimum Rate (per hour): $13.00

The minimum wage is adjusted annually based on a set formula. The Florida minimum wage is scheduled to increase by $1.00 every September 30th until reaching $15.00 on September 30, 2026.

Do you feel you may not have been compensated at the minimum wage? Knowing your rights can help you understand whether you need a Florida employment law firm like ours to help you recover your hard-earned wages.

https://www.youtube.com/watch?v=lKXjR10RYCI

ABOUT THE FAIR LABOR STANDARDS ACT (FLSA) OF 1938

EMPLOYEE RIGHTS LEGISLATION

The FLSA is the piece of legislation that initially established a minimum wage in the United States. The Department of Labor’s (DOL’s) Wage and Hour Division enforces the parameters of the FLSA.

A Step-by-Step Process

If your employer has failed to compensate you at minimum wage, a skilled and engaged attorney can guide you through settlement discussions with your employer prior to initiating a lawsuit and assist you with that lawsuit.

WHO DOESN’T MINIMUM WAGE COVER?

MANY EMPLOYEES OF SMALLER BUSINESSES

Employees of businesses with gross revenue of less than $500,000 per year standardly do not have to pay the minimum wage. This is commonly referred to as “enterprise” coverage under FLSA. However, many small business owners overlook the fact that even if their business is not considered an “enterprise” under the FLSA, they may still be subject to liability under the FLSA because employees can be “individually” covered under the FLSA. For an employee to be individually covered under FLSA, that employee must be engaged in commerce or engaged in the production of goods for commerce. In our experience, and due to the broad and liberal interpretation afforded to employees under the FLSA, most employees are subject to the FLSA’s individual coverage.

INDIVIDUALS RECEIVING TIPS

So-called “tipped employees,” such as servers and bartenders, do not need to be compensated at the minimum wage. Instead, they can receive Florida’s direct wage, $7.98 (as of September 2022), so long as their tips make up the difference.

FULL-TIME STUDENTS

Employers, if they wish, can contact the DOL for a waiver to allow them to reduce the minimum wage by 15% for any full-time high school or college students. Applicable industries include retail/service, farming, and academia.

DEFENDING YOUR RIGHTS AGAINST FLSA VIOLATIONS

As the expression goes, “The best defense is a strong offense.” Defend your rights as an American citizen and Tampa employee by getting a strong labor attorney at your side. At Wenzel Fenton Cabassa, P.A., our practice is focused exclusively on employment law and fighting workplace injustice daily on behalf of individuals just like you.

Hardworking people deserve to be treated fairly. Our tenacious attorneys at Wenzel Fenton Cabassa, P.A., actively investigate common violations in the industry and the most current issues and cases in employment law.

CONTACT AN EXPERIENCED EMPLOYMENT LAW ATTORNEY TODAY

Contact us at Wenzel Fenton Cabassa, P.A. to discuss your employment law situation. Our law firm also handles cases involving employment discrimination and harassment, whistleblowers, civil rights, the Family Medical Leave Act (FMLA), the Fair Labor Standards Act, partnership disputes and contract disputes, and professional licensing.

RELATED POSTS FOR FAIR LABOR STANDARDS ACT (FLSA)

#### Non-compete Agreements
FLORIDA NON-COMPETE AGREEMENT LAWYER

LEGAL ISSUES WITH YOUR NON-COMPETE AGREEMENT? CONTACT AN ATTORNEY TODAY!

If you are asked to sign a non-compete agreement by a potential employer or current employer, it is critical to understand what you are signing. Non-compete agreements in Florida can influence your ability to make a living in the future, which is why it is so vital to hire a Florida non-compete lawyer.

Your financial future is at stake.

WHAT IS A NON-COMPETE AGREEMENT?

A non-compete agreement is a document that many employers use to protect their business interests. It serves as a contract between an employer and an employee, detailing the limits of what the employee can do after leaving a company. It is intended to prevent the employee from being a direct competitor.

A non-compete lawyer in Florida has the expertise to analyze the language of the agreement, ensuring that the employee has clarity regarding what is included in the document. Non-compete agreements are often written with intentionally vague language to either confuse the employee or give the employer an unreasonable advantage. Sometimes the language restricting your ability to work in the same field after leaving your current employer is buried in a document offering you current benefits of employment, such as a stock option plan.

Signing these types of documents should be done with careful consideration. The advice and counsel of a Florida non-compete lawyer will give you the confidence you need to make the right decision for you – and your financial future.

ARE NON-COMPETE AGREEMENTS ENFORCEABLE IN FLORIDA?

Florida Statute 542.335governs non-compete agreements across the state. They can be enforceable, depending on the language detailed within. Non-compete agreements can also potentially be so restrictive that they severely limit individuals’ ability to work in their desired career after leaving that company. Challenging the enforceability of such agreements is costly and risky. Your best approach is a review of the agreement before you sign it. If that is not an option because you have already signed, you need to know your options and the consequences of action taken by you after leaving your company.

A non-compete attorney in Florida will review the document to ensure it protects legitimate business interests. If it does not – the non-compete agreement is not enforceable.

Additionally, the duration and geographic scope of any restrictions must be reasonable. Geographic scope limitations will vary depending on the industry and specific circumstances related to the business interests of the company, length of employment, duties performed, and other related issues. Still, Florida courts rarely consider these contracts between an employer and (former) employee to be enforceable if they are longer than two years in duration.

https://www.youtube.com/watch?v=vl-vblMFFhU

CAN I SUE?

If you have already signed a non-compete agreement, that does not mean you do not have the option but to obey the parameters of the document. You may be able to challenge the agreement and sue to get your livelihood back. A Florida non-compete lawyer can mount an aggressive defense of your rights in certain situations.

First, the non-compete attorney will determine if it is not enforceable. But that is not your only potential reason to sue. You may have a case if the employer engages in illegal activity, such as breach of contract, illegal discrimination, or other illegal conduct. Additionally, if the employer asks or demands you to engage in unlawful activity, you may also have a case.

WHEN TO HIRE A NON-COMPETE LAWYER

Many employees across varying industries are asked to sign a non-compete agreement as a condition of employment. Other employers will wait until after the employee is hired. It is highly advisable to hire a non-compete agreement attorney to evaluate the document in either case.

If you have left an employer and have been unreasonably restricted by the non-compete agreement you signed or are facing litigation from a former employer due to a claim that you have breached a contract, contact a non-compete attorney to defend your rights.

Individuals have the right to make a living in the career of their choice. Non-compete agreements should be reasonable in their duration and geographic limitations and extend to the protection of legitimate business interests only.

In the state of Florida, laws exist to define legitimate business interests where a non-compete agreement can be enforced, including:

Protection of trade secrets

Relationships with prospective and existing clients

Confidentiality of business or professional information

Extraordinary or specialized training used to maximize investment

Goodwill with ongoing business or professional practice, including trademarks, geographic locations, and marketing/trade areas

CONTACT AN EXPERIENCED FLORIDA ATTORNEY TODAY

At Wenzel Fenton Cabassa, P.A., we know – all too well – how serious it can be when a worker’s career is put at risk over a non-compete issue. Our lawyers possess an in-depth understanding of legal strategies that the opposing counsel often employs based on our insights gained from representing employers. Our cases are litigated based on that unique point of view.

If you have been served with papers indicating your violation of a non-compete agreement, then an employee rights attorney can advocate aggressively to defend your rights. Give us a call to schedule a confidential case evaluation and speak with an employment law attorney today.

* Free Case Evaluation is generally not available for Employment Contract and Agreement cases.

RELATED POSTS FOR SEVERANCE

#### Overtime Pay Calculations
OVERTIME PAY CALCULATIONS

HOW DO I CALCULATE OVERTIME PAY?

https://www.youtube.com/watch?v=zH5KTTjbVmU

Any discussion regarding overtime pay calculations in employment law should begin with a general rule. Generally speaking, employers must pay overtime compensation to workers at a rate of “time-and-a-half,” or one and one-half times their regular rate of pay, for each hour worked over 40 hours per workweek. This rule is established by the Fair Labor Standards Act of 1938 (FLSA), and covers most workers.

Some employees qualify for a FLSA exemption. However, employers routinely misclassify their employees as exempt, paying them on the basis of salary plus commission, or straight salary. Just because an employer may announce that no overtime work is permitted, or must be authorized in advance, does not invalidate a worker’s right to collect unpaid compensation for overtime hours worked.

Naturally, employers do have the ability to run their business and utilize some discretion as to when and how employees work. At their discretion, the work week can begin at any hour of any day of the calendar week. Within that constraint, however, it must be a fixed and recurring period of seven consecutive days and nights. This prevents employers from, for example, under calculating hours worked in a given week by averaging several weeks together. Instead, anything over 40 hours per seven-day period counts as overtime. Private employers are not permitted to give “comp time” (meaning time off during the next week) in lieu of overtime compensation.

The FLSA also requires employers to maintain records of workers’ schedules. If you bring an overtime claim against a current or former employer, and they have not maintained such records, then the court may reasonably proceed based on a good-faith estimation of your hours worked over the previous two or three years.

Here’s how this important federal legislation applies to different types of workers. As always, consult an attorney to see how the law may apply to your situation.

HOURLY EMPLOYEES

As stated above, workers who are paid by the hour are entitled to pay equal to one and one-half times their regular hourly rate for all work over 40 hours per workweek.

EMPLOYEES PAID ON PIECEWORK BASIS

This type of employee is entitled to one-half of their regular rate of pay for all hours over 40 per week, in addition to full piecework earnings. In this scenario, the regular rate of pay is determined by dividing the employee’s total weekly earnings by the total hours worked in that pay period. From that rate, the applicable half-time rate can then be calculated and applied.

SALARIED EMPLOYEES

For salaried workers, overtime pay is calculated in a similar manner as piecework employees. Whether paid on salary for a regular or specified number of hours per workweek, the regular rate of pay is determined by dividing the total weekly earnings by the total number of hours that pay is intended to compensate. Employees who do qualify for protections under FLSA may be entitled, as explained above, to an additional one-half times their regular rate of pay for each hour over 40, in addition to their already-received regular salary.

WHAT ABOUT WEEKEND AND HOLIDAY HOURS?

Unfortunately, under FLSA, hours worked on Saturday, Sunday, or the “weekend” portion of the employee’s fixed, recurring work week do not automatically qualify as overtime hours. The critical factor is whether or not those work hours exceeded 40 in that workweek (meaning seven day period), in which case the worker would be entitled to overtime pay.

Finally, it’s crucial to emphasize that by law, your rights under FLSA cannot be waived. Your rights under the FLSA cannot be taken away by your employer through some kind of employment agreement, or any other method. Whatever pay or incentive structure you have, as long as your pay structure and job responsibilities do not exempt you from overtime under FLSA, then you may still be entitled to recover overtime pay for appropriate hours worked.

DO I QUALIFY TO RECEIVE BACK PAY OVERTIME?

The only way you can truly understand your situation is to get an in-depth look at your case with the help of a legal expert. The employee rights attorneys at Wenzel Fenton Cabassa, P.A., are experienced at reading classification laws and interpreting your rights as an employee. Contact us for a free case evaluation with an employment lawyer today.

OVERTIME PAY CALCULATIONS RESOURCES

RELATED POSTS FOR INDEPENDENT CONTRACTOR

#### Pregnancy Discrimination
FLORIDA PREGNANCY DISCRIMINATION LAWYERS

PROTECTING YOU AGAINST PREGNANCY AND MATERNITY DISCRIMINATION IN THE WORKPLACE

WHAT IS PREGNANCY DISCRIMINATION?

Pregnancy discrimination can happen across industries and in all levels of a company or organization. In fact, it has been on the rise in the last several decades. In 2016, the EEOC received nearly 3,500 pregnancy discrimination charges, and between 1992 and 2007, the number of charges filed with the EEOC increased 65%.

Simply put, pregnancy employment discrimination has reached epidemic proportions with thousands of cases being reported across the United States annually.

https://www.youtube.com/watch?v=llte8fpLang

EXAMPLES OF PREGNANCY DISCRIMINATION IN THE WORKPLACE

Pregnancy or maternity discrimination can happen in various ways. Here are some examples:

1. Firing or Discriminating Against a Pregnant Employee

This may be blatant or more subtle. Even if an employer says they have your health in mind, that doesn’t make it right. The employer does not have the right to make decisions for you, even if the employer believes you should not be working, or should not be exposed to risks during your pregnancy. It is still illegal to fire or discriminate against a pregnant employee, even if they tell you it is in your best interest.

2. Refusing To Hire Someone Because They Are Pregnant or Have Just Given Birth

Whether this is a brand new position or if an employee is seeking a new role in a company, they can’t refuse to hire you simply because you are pregnant, may become pregnant, or recently had a baby.

3. Harassing an Employee Because They Are Pregnant

Frequent and pervasive insults, offensive jokes, and even physical threats can constitute harassment. This type of behavior can be carried out not only by supervisors but also coworkers and even customers.

4. Not Providing Reasonable Job Accommodations

An employer must provide reasonable job accommodations for someone who has pregnancy-related complications or impairments. Examples of accommodations include offering a change in schedule due to severe morning sickness or allowing an employee to have “light-duty.” The fact of being pregnant, however, does not necessarily trigger an obligation to make job accommodations. Being pregnant it is not on its own a “disability” which is what triggers the obligation to accommodate.

5. Forcing an Employee to Change Jobs

As long as an employee is able to perform her job, including reasonable job accommodations when necessary, she should not be forced to change jobs.

These are some of the most common examples of types of pregnancy discrimination. Sometimes, an individual may also be subject to maternity discrimination.

WHAT IS MATERNITY DISCRIMINATION?

Maternity discrimination can happen when you’re mistreated (or even fired) because you’re breastfeeding or because you’ve recently given birth. Also, if you have been retaliated against after you complained of pregnancy discrimination, you may have the right to take legal action as well.

If any of these scenarios have happened to you, you might have a case. The pregnancy discrimination lawyers at Wenzel Fenton Cabassa, P.A. can discuss your situation with you and help you understand the process of filing a discrimination case with the EEOC.

FEDERAL LAWS PROTECTING YOUR PREGNANCY AND MATERNITY RIGHTS IN THE WORKPLACE

Pregnancy Discrimination Act of 1978

The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act of 1964. The act prohibits sex discrimination on the basis of pregnancy — backed by the power of the federal government.

A Right to Fair Treatment

You have the right to be treated the same as other employees, regardless of whether you are pregnant or suffer a pregnancy or childbirth-related illness or disability. This applies to all areas of the workplace – compensation, promotions, time off, etc.

Parity with Non-Pregnancy Health Issues

Parity is all about equal rights. If you become temporarily disabled or ill due to childbirth or pregnancy, the employer must treat you in the exact same way other employees are treated who are medically disabled due to a non-pregnancy related disability. Equal treatment is mandated under the law. Please know that you may be required to support any request for accommodation (including revised duties, leave, reassignments, additional equipment) with a doctor’s note just as any other employee seeking accommodation.

American Disabilities Act (ADA) of 1990

If you become disabled due to pregnancy, you may be covered under the American Disabilities Act. The ADA is one of America’s most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else.

Family and Medical Leave Act (FMLA) of 1993

Under the following conditions, you are entitled to 12 weeks off work during every 12-month period for maternity leave, childbirth, and recovery from childbirth through the Family and Medical Leave Act of 1993. (FMLA) To qualify under the FMLA, you typically would need be employed at the company at least 12 months, and have worked at least 1,250 hours within that time.

If you are wrongfully terminated or suffer a form of pregnancy discrimination like being forced to change jobs before that 12 weeks is up, you may have a case. Most businesses are required to adhere to the Family and Medical Leave Act. The FMLA says any employer with more than 50 employees (within a 75-mile radius of the worksite) is prohibited under federal law from discriminating against women on the basis of pregnancy.

EXPERIENCING PREGNANCY DISCRIMINATION? CONTACT AN ATTORNEY TODAY!

Have you experienced pregnancy discrimination in the workplace? You don’t have to go through it alone. An employment discrimination lawyer in Florida can help you fight for your rights if they have been violated at work because you are pregnant.

Contact Wenzel Fenton Cabassa, P.A. today if you feel you have been discriminated against or wrongfully terminated due to your pregnancy, and set up your free, confidential case evaluation now.

PREGNANCY DISCRIMINATION RESOURCES

RELATED POSTS FOR employer discrimination (pregnancy discrimination)

#### Race Discrimination
FLORIDA RACE DISCRIMINATION ATTORNEYS

WHAT IS CONSIDERED RACE DISCRIMINATION IN THE WORKPLACE?

Racism should never be tolerated anywhere. But the struggle for equality continues across society and in workplaces across the country. A Florida race discrimination attorney can help if you believe you have been discriminated against because of your race. For a free case evaluation about your legal options in a workplace race discrimination case in Florida, call Wenzel Fenton Cabassa, P.A. We have locations throughout the State of Florida where you can discuss your legal options with a race discrimination lawyer.

In a typical employment discrimination case based on race, an employee claims that he or she was wrongfully terminated, demoted, or denied a promotion based on race, color, creed, or national origin. If this has happened to you, understand that there are various statutes that create extensive workplace rights against discrimination.

YOUR WORKPLACE RIGHTS

Race discrimination at work is illegal. From the beginning of the hiring process throughout all aspects of your job, you have protections in place that ensure equal treatment under the law, including protections against harassment, such as:

racial slurs,

racial insults,

racial drawings,

racial remarks,

racial jokes, and

physical threats or violence

You also have legal protections against retaliation, which may include a demotion, a decrease in hours or pay, suspension, denial of a promotion, or termination if you have complained of race discrimination.

Employers frequently claim they have a legitimate, non-discriminatory reason for the adverse employment action and that race was not an issue. A race discrimination attorney must then determine whether the employer’s stated reason for the adverse employment action was simply a pretext for unlawful discrimination. Our experienced, passionate race discrimination lawyers will perform a thorough investigation and in-depth look at the facts to get you the best results.

RACE DISCRIMINATION LAWS

Employees have both federal and state laws that protect them from race discrimination, including Title VII of the Civil Rights Act of 1964 (Title VII) and the Florida Civil Rights Act (FCRA).

Under Title VII and the FCRA, it is unlawful for an employer to discriminate against an employee, as well as applicants for employment, regarding hiring, training, scheduling, specific job assignments, disciplinary actions, demotions, promotions, and related terms and conditions of employment.

CONTACT A RACE DISCRIMINATION ATTORNEY

You have the right to hire a race discrimination attorney. Your employer has their legal representation advocating for their interests, and you deserve an expert in employee rights fighting on your behalf.

Our creative and aggressive approach to workplace discrimination lawsuits, together with our experience in the presentation and proof of discriminatory treatment on the job, can make a significant difference in the ultimate result of your claim.

Resolutions to claims of race discrimination, depending on the case, may include payment of damages, as well as additional punitive damages instructed by the courts. Our skilled attorneys work diligently on your behalf towards an optimum resolution for your case.

Wenzel Fenton Cabassa, P.A. will conduct a careful investigation of your claim to determine whether race discrimination was a likely cause for your termination, demotion, or other potential employment violation before filing a charge with the EEOC. We are confident in our abilities to represent you in your case, which is why we offer “no win, no pay” contingency fee options. We have helped thousands of employees across the State of Florida hold their employers accountable for employment law violations.

We have race discrimination employment attorneys across the state to help employees in multiple industries and all levels. Appointments are available in Tampa, Orlando, Miami, Sarasota, St. Petersburg, West Palm Beach, and Jacksonville for your convenience.

RELATED POSTS FOR employer discrimination (RACE DISCRIMINATION)

#### Religious Discrimination
FLORIDA RELIGIOUS DISCRIMINATION ATTORNEYS

RELIGIOUS DISCRIMINATION IN THE WORKPLACE

Religious freedom is a basic right in America. The religious discrimination lawyers at Wenzel Fenton Cabassa, P.A. lead the fight for the rights of employees across Florida against religious discrimination in the workplace.

Your employer does not have the right to discriminate against you because of your religion. Though this sounds simple, the laws protecting your religious freedom are much broader than you might think. Religious discrimination lawyers utilize powerful laws to hold employers accountable.

First, it is important to understand what is considered religious discrimination.

WHAT IS RELIGIOUS DISCRIMINATION IN THE WORKPLACE?

Religious discrimination stems from adverse employment actions or harassment specifically due to a person’s religion. It is unlawful across the board and applies to all areas of employment – hiring, wages, training, job assignments, promotions, health insurance, etc. – anything pertaining to the employment relationship.

According to the EEOC, the law protects not only people who belong to traditional, organized religions, such as Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical, or moral beliefs.

Religious discrimination cases can also be valid if there is differential treatment because that person is married to or associated with an individual of a particular religion.

You have the right to sue your employer for religious discrimination. They will typically have their own attorneys, so it is important to consult with a religious discrimination lawyer that works on behalf of employee rights to discuss the details of your situation.

YOUR LEGAL PROTECTIONS

Freedom of religion is written into the First Amendment of the Constitution – which means the government cannot discriminate on the basis of religion. Private companies with at least 15 employees cannot discriminate on the basis of religion because it is unlawful to do so under Title VII of the Civil Rights Act of 1964 (often called “Title VII”).

Florida also has legislation to protect employees that religious discrimination lawyers can utilize in cases against employers who violate the law. The Florida Civil Rights Act of 1992 was passed “to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status.”

https://www.youtube.com/watch?v=uu-oWzpIgJk

A BASIC OVERVIEW

Religious Attire & Grooming

Certain hats, headdresses, or other attire that are worn due to your religious beliefs may not be prohibited. The same is true of hairstyles and facial hair. Additionally, it cannot be mandatory for you to be forced to wear clothing that is against your religious beliefs.

Modifying Employment

You have the right to receive reasonable accommodations that will allow you to be true to your religion without having to sacrifice your livelihood or be harassed.

Accommodations may include modifications to workplace practices or policies, flexible scheduling, voluntary shift swaps, or job reassignments. These accommodations are typically lawful unless doing so would cause more than a minimal burden on the operations of the employer’s business.

For example, time off for religious holidays is your right as an American citizen.

Harassment

Harassment, including offensive remarks, taunting, and other behaviors, is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision, according to the Equal Employment Opportunity Commission.

Examples of Religious Discrimination

Here are some situations in which religious rights are protected on the job. You have the right to not be:

Discriminated against during the job application process due to your religion

Being denied a promotion for being married to a person of a certain religion.

Being demoted or fired for affiliation with an organization that includes a religious component.

Withholding pay for holding any moral or ethical belief system (such as pacifism or atheism).

Severe and widespread bullying or harassment, including derogatory or insulting remarks by anyone in the workplace – supervisors, coworkers, and even customers.

Required by your employer to participate in a specific religious tradition (such as Christmas celebrations or prayers).

These are examples of unlawful behavior where discrimination lawyers can help employees in the fight for justice. The broad scope of actions considered religious discrimination cases is not fully represented in the above list. It is critical to speak to a professional to discuss the details of your situation to see if you have a case.

CONTACT THE DISCRIMINATION LAWYERS AT WENZEL FENTON CABASSA, P.A. TODAY

If you feel you have been discriminated against due to your religion, religious discrimination lawyers can help. We are strong advocates for the religious freedoms of employees across Florida and are dedicated to workplace justice.

Call the Wenzel Fenton Cabassa, P.A. office, or schedule your free case evaluation now.

RELATED POSTS FOR employer discrimination (RELIGIOUS discrimination)

#### Retaliation
FLORIDA WORKPLACE RETALIATION LAWYERS

At Wenzel Fenton Cabassa, P.A., we understand the devastating impact of workplace retaliation on your career, mental health, and overall well-being. As one of the leading employee rights law firms in Florida, we are dedicated to fighting for justice on behalf of employees whose rights were violated. Our unwavering commitment to our clients and our impressive track record of success demonstrate our expertise and dedication as workplace retaliation lawyers.

WHAT IS WORKPLACE RETALIATION?

The state of Florida and the federal government have strict laws protecting employees from certain actions by their employers. One important area of protection involves workplace retaliation. Understanding what workplace retaliation means is the first step to justice.

Workplace retaliation comes in different forms, such as termination, harassment, refusal of a promotion, demotion, changing of job duties, changing of benefits, or similar actions. It often comes after you have filed a complaint about unfair or unlawful actions by your employer. A workplace retaliation attorney leads the fight against employers who violate labor laws.

If you have been the subject of employment retaliation, Wenzel Fenton Cabassa P.A. is on your side. Your employer has legal representation, and you deserve to have a passionate, experienced Florida workplace retaliation lawyer in your corner to take them head-on.

EXAMPLES OF RETALIATION IN THE WORKPLACE

Workplace retaliation examples include, but are not limited to:

losing regularly scheduled hours,

getting a reduction in pay,

changes in work assignments,

being intentionally excluded from training or meetings that other employees attend, or

getting terminated from your job

MOST COMMON TYPES OF EMPLOYER RETALIATION

At Wenzel Fenton Cabassa, P.A., our workplace retaliation attorneys fight for justice in multiple types of employer retaliation, including retaliatory actions against employees who file for workers’ compensation benefits or individuals who complain about unsafe working conditions, or other violations of laws, rules or regulations. Other common types of employer retaliation include getting fired after complaining about sexual harassment, unpaid overtime, or pregnancy discrimination.

WORKPLACE RETALIATION CHECKLIST

To successfully file a retaliation claim in Florida, an employee typically needs to prove three things:

1. Engaged in a Protected Activity: This means you took part in an action that the law protects. You might be surprised by what activities are legally protected.

2. Experienced Adverse Action: You faced negative consequences at work because of your protected activity. Unfortunately, not all unfair actions are covered by local, state, or federal law.

3. Proximity in Time: There must be a close connection in time between your protected activity and the adverse action. This timing helps establish that the negative consequences you faced were directly linked to your protected actions.

THE TRUTH ABOUT WORKPLACE RETALIATION IN FLORIDA: IT’S MORE COMPLEX THAN YOU THINK

The state of Florida and the federal government have specific laws protecting employees and job applicants from retaliation. Understanding workplace retaliation is crucial for seeking justice. However, defining and proving retaliation can be more challenging than it seems, and not all acts of unfair treatment or retaliation are covered by these laws. These laws can protect you from wrongful termination retaliation, but it is crucial to know your rights and get the protection you deserve.

Retaliation is defined as adverse actions taken against someone shortly after they engage in a protected activity, but what does that mean?

WHAT QUALIFIES AS A PROTECTED ACTIVITY?

A protected activity involves taking action to oppose or report illegal practices conducted by your employer. Examples of protected activities include, but are not limited to:

Objecting to or refusing to participate in a policy or practice or your employer that violates a law, rule, or regulation

Reporting sexual harassment on behalf of yourself or someone else

Complaining or protesting discriminatory practices or policies based on race, national origin, sex, age (40 or older), religion, disability, or other protected classes

Reporting or refusing to participate in illegal or especially hazardous activities

Filing for Workers’ Compensation

Participating as a witness in a government investigation

Providing evidence or testimony in a lawsuit brought against the employer

Requesting accommodation for a disability, pregnancy, or religious practice

Discussing wages, salaries, or benefits with co-workers under the National Labor Relations Act (NLRA)

Reporting unsafe working conditions or practices to the Occupational Safety and Health Administration (OSHA) or other regulatory bodies.

Taking family or medical leave under the Family and Medical Leave Act (FMLA).

Taking leave for military service under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Joining, forming, or supporting a union and participating in union activities, including strikes and collective bargaining.

If you’ve engaged in any of these protected activities and faced employment retaliation, contact Wenzel Fenton Cabassa P.A. today. We handle a variety of workplace disputes for non-federal employees throughout the state of Florida. No fight is too big or small. Our dedicated team will fight to ensure justice is served.

IDENTIFYING ADVERSE ACTION BY EMPLOYERS

An adverse action refers to any negative or punitive measure an employer takes against an employee in response to the employee's protected activity. Workplace retaliation claims that may be brought in the state of Florida include, but are not limited to, the following. However, it's important to remember that every case is unique, and the specific circumstances of your situation will determine the best course of action, making it essential to consult with experts:

Termination - This is the most significant form of retaliation and often the most actionable. We frequently tell our clients that our job truly begins when their job ends.

Change of pay or hours

Sending you to a location significantly further away

Denial of a promotion

Changing benefits

Denying overtime

Failure to hire or rehire

PROVING RETALIATION IN FLORIDA: WHAT EVIDENCE YOU NEED

Our experienced Florida employment lawyers will examine your case to determine the best legal strategies. Our firm is renowned for vigorously fighting against employers who violate labor laws. With over 200 years of combined experience and a dedication to client success, Wenzel Fenton Cabassa, P.A., has consistently secured favorable outcomes for our clients. Our attorneys are not only experienced but also awarded for their commitment to justice, making sure that your rights are protected at every turn. With your employer having legal representation, you deserve a dedicated and experienced Florida workplace retaliation lawyer to advocate for your rights in Florida.

While we have successfully managed cases lacking concrete proof, any evidence you can provide will significantly strengthen your case, lead to a more favorable settlement, and expedite negotiations. It is important to understand that a digital footprint is permanent, and attempting to delete evidence can harm your claim. Examples of evidence that may support a retaliation claim in Florida include:

Proof of Protected Activity: Evidence that you filed a claim, made a complaint, or took other actions protected by law may strengthen your claim. 

Proof of Adverse Employment Action: Documenting any negative actions taken by your employer shortly after you engaged in a protected activity—such as wrongful termination in Florida, changes in your schedule, or adjustments to your benefits—can serve as critical evidence in your case. This proof can be written communication or official notices.

Text Messages, Emails, and anything in writing: Any written evidence that supports your retaliation claim may significantly strengthen your case. Be sure to take photos and screenshots to maintain your own records.

Proximity in Time: Courts recognize that the timing between an employee's protected activity and the adverse action taken against them is crucial evidence in a retaliation claim, as it helps establish a direct link between the two events.

ADDRESSING RETALIATION IN FLORIDA: KNOW YOUR RIGHTS

If you are still employed, it is crucial to report the issue to Human Resources and give them time to address it. It is their legal obligation to stop the retaliation. To strengthen your report, include as much detail as possible:

Describe the incident: Specify the law or illegal act involved, along with the time and place it occurred.

Document what happened: Detail what was said or done, and identify any witnesses or individuals who became aware of the incident afterward.

Explain the impact: Share how the incident affected you—whether it influenced your work performance, relationships, confidence, or overall well-being.

Provide evidence: If there is any documentation—such as emails or other records—related to the harassment or retaliation, include that in your report.

Mention related incidents: Note any other related incidents or knowledge of similar actions taken against others by the same individual.

It’s advisable to create a written report and maintain two identical copies—one for yourself and one to submit to your employer. If the retaliation continues or if you are terminated, it is advised to contact an experienced employment retaliation attorney as soon as possible. If Human Resources successfully resolves the issue, you may find that pursuing a legal claim is no longer necessary. It's important to understand that the specifics of an investigation or actions taken due to the investigation are often not shared. This is done to protect the investigation's integrity and avoid potential legal issues, such as defamation claims. There is also the mental toll that the investigation and aftermath could have on you during this process, leading to uncertainty, another reason you need representation.

The workplace retaliation attorneys at Wenzel Fenton Cabassa, P.A., understand how to prove retaliation and hold employers accountable. No one deserves retaliation, and all employees deserve a strong legal advocate for justice on their side.

WHAT LAWS PROTECT WORKERS FROM RETALIATION?

Our skilled Florida workplace retaliation lawyers will examine the details of your case to identify the most applicable laws. Among the federal laws that protect workers from retaliation are:

Title VII – as well as other laws that protect against discrimination based on race, color, religion, sex, and national origin

Fair Labor Standards Act (FLSA) – to protect employees who complain about wage and hour violations, such as unpaid wages and minimum wage and overtime violations

Whistleblower laws are enforced by OSHA, and other whistleblower protections

Family and Medical Leave Act (FMLA) – to protect employees who are lawfully entitled to leave

Sarbanes-Oxley Act (SOX) – to protect employees who complain about potential shareholder fraud and related complaints

The Dodd-Frank Act – whistleblower protections for employees who report concerns about actions taken in violation of the Act’s protection and regulatory restrictions

False Claims Act – protections for employees who report fraud against federal agencies or contracts

Qui Tam - Allows private individuals to file lawsuits on behalf of the government against entities committing fraud against federal programs

WHAT IS THE STATUTE OF LIMITATIONS FOR A WORKPLACE RETALIATION CLAIM IN FLORIDA?

When facing workplace retaliation, it's crucial to act within the time limits set by law, known as the statute of limitations. These time limits vary depending on the specific laws that apply to your situation:

Title VII Claims: If your retaliation claim falls under Title VII of the Civil Rights Act, which covers discrimination based on race, color, religion, sex, or national origin, you generally have 300 days to file a claim with the EEOC if you are in a state like Florida that has its own anti-discrimination laws. In some cases, this period can extend to 365 days, depending on the nature of the claim.

Family and Medical Leave Act (FMLA): If the retaliation is related to your rights under the FMLA, such as being punished for taking medical leave, the statute of limitations is two years. This can be extended to three years if the violation was willful.

Whistleblower Claims: The statute of limitations for whistleblower claims varies based on the specific statute the employer violated. For example, under the Florida Public Whistleblower Act, the deadline is two years from the date of the alleged retaliatory action, while under other whistleblower protection laws, it can range from 30 days to several years.

Occupational Safety and Health Administration (OSHA): For retaliation related to safety complaints under OSHA, the statute of limitations is particularly short, only 30 days from the date of the retaliatory act.

These time limits are critical, as missing the deadline can mean losing the right to file a claim entirely. If you believe you have been retaliated against, it is essential to consult with an experienced attorney promptly to ensure that your rights are protected and that you take action within the appropriate timeframe. Because the statute of limitations can vary widely, it is crucial to consult with a qualified attorney who can provide tailored advice specific to your situation, ensuring that you take timely and appropriate action to protect your rights.

HOW LONG DOES IT TAKE TO SETTLE A RETALIATION LAWSUIT IN FLORIDA?

While not all cases are litigated, the time it takes to settle a retaliation lawsuit will vary depending on the particular facts of the case. Some cases may take up to two years or more. A workplace retaliation lawyer fights diligently and aggressively every step of the way to get the optimum outcome for their clients. At Wenzel Fenton Cabassa, P.A., we use our expertise to leverage the best possible outcome in the timeliest manner. However, the quickest resolution is not always the best, as some companies are extremely aggressive in their defense. This is why you need an unwavering Attorney on your side. We are not afraid to litigate when necessary, ensuring your rights are fully protected.

CONTACT US FOR A FREE CASE EVALUATION – START YOUR JOURNEY TO JUSTICE TODAY

To build a successful workplace retaliation case in Florida, you must have engaged in a protected activity, experienced an adverse employment action, and establish a connection between the two. When you partner with a workplace retaliation lawyer from Wenzel Fenton Cabassa P.A., you gain a dedicated defender who will tirelessly fight for your rights. Our experienced attorneys are steadfast advocates, ready to stand up to employers who violate the law.

We understand the profound impact retaliation can have on your life and are committed to securing the best possible outcome. Let us help you achieve the justice you deserve and ensure your voice is heard. 

We offer free, confidential case evaluations and work on a contingency basis, so there’s no financial risk to you – we only get paid if we win your case.

Reach out to Wenzel Fenton Cabassa, P.A., now to take the first step towards defending your rights and securing your future. With our extensive knowledge of Florida's labor laws, we are uniquely equipped to handle your case.

RELATED POSTS FOR retaliation

#### Severance Negotiation
FLORIDA SEVERANCE ATTORNEYS

DENIED SEVERANCE PAY IN FLORIDA? CONTACT A SEVERANCE ATTORNEY.

Severance pay provides an important financial cushion after a layoff, termination, or a job loss due to mergers and acquisitions.

At Wenzel Fenton Cabassa, P.A., we are dedicated to fairness and justice for employees, and our severance attorneys help workers during these nerve-wracking, stress-filled times. Our Florida severance attorneys are highly skilled at negotiating severance agreements to help you get the best outcome possible.

Have you been denied severance pay? You may still be able to get a compensation agreement for the loss of your job. Have you been offered a severance package and are trying to determine if it is a fair deal? When you contact us, a severance attorney will conduct a thorough analysis and, if needed, perform negotiations to ensure you are getting a fair deal.

We have extensive knowledge of employment law and understand the key components of severance packages and what it takes to make your compensation appropriate and just.

FLORIDA SEVERANCE PAY & YOUR RIGHTS

Florida employee rights laws do not include a mandatory requirement for employers to give their workers severance pay after being laid off or terminated. The federal Fair Labor Standards Act (FLSA) does not mandate severance pay.

Although, many employers choose to do so, which could be because they want workers to sign a non-compete agreement to prevent direct competition. Non-compete agreements and severance packages should be carefully and thoroughly considered and evaluated by a severance attorney in Florida prior to signing.

Employers may also offer severance packages as part of a general policy in the form of an employment contract. Contracts are enforceable by law if an employee voluntarily signs them.

Additionally, employers may offer a severance package to suppress a legal claim that the employee may have against an employer, which is not uncommon. Employees have broad protections against employers who violate the law and do not have to succumb to this tactic by employers. You may have the right to significantly more compensation than what an employer offers in a severance package.

A severance agreement attorney is a critical expert to have on your side in any of these situations and can advise you regarding your best options after a job loss.

CAN YOU SUE FOR NOT GETTING SEVERANCE PAY?

It depends on your situation. If severance pay was part of a legal employment contract, you may have a solid case and be able to sue your employer. Consult with a severance lawyer to determine if you have a case. Another tactic that employers may use is to not pay you for your last month or weeks of wages, which is a violation of employment laws.

If you have been wrongfully terminated, you can also sue your employer. There are specific circumstances that would need to be present to equal a wrongful termination, which include:

Sex discrimination or sexual harassment

Pregnancy discrimination

FMLA violations by your employer

Race discrimination

Age discrimination

Disability discrimination

Religious discrimination

Whistleblower retaliation

Workers’ compensation claim filing retaliation

Make sure not to sign any waivers or releases prior to getting legal advice. Your employer may be forceful in their attempt to thwart any legal action against the company. They are looking after their own best interests, and you should be looking after yours. If your employer violated employment law, you might be entitled to significant damages.

Our Florida severance attorneys have comprehensive knowledge and experience in employment law and can evaluate your situation to determine if you have a valid case against your employer.

HOW TO NEGOTIATE A SEVERANCE PACKAGE AFTER LOSING YOUR JOB

https://www.youtube.com/watch?v=PyzJE58AQWY

Our law firm counsels clients regarding the structure of severance packages offered by employers when parting ways, including reviewing, drafting, negotiating, and, when an agreement is not honored, representing our clients through litigation to uphold their rights.

Since 1994, our employment law firm has negotiated and litigated on behalf of employees leaving companies across Tampa Bay and throughout Florida. When you have questions regarding a severance package or non-compete agreement, you should consult an attorney experienced with employment contracts and negotiations to ensure you have the best possible outcome.

Whether you are an executive, manager, or employee at this crucial time after a job loss, it is highly valuable to have the professional expertise of a severance lawyer to advocate on your behalf. Initial offers of severance packages may not be appropriate or just. There may also be vague language in the conditions of the package that makes it unjustifiably difficult for you to make a living in your profession, either in the specific work that you do and/or the geographic locations where you work or conduct your business.

Additionally, employers may include comprehensive non-disparagement agreements in a severance package that could land you in legal trouble in the future for saying negative things about the company or its leaders on social media or other platforms or publications.

Tough negotiation skills and employment law expertise are the best tools to get fair compensation and terms in severance packages.

CONTACT A SEVERANCE ATTORNEY TODAY

We understand losing your job can be tough. We’re here to help. Contact an employee rights attorney at Wenzel Fenton Cabassa, P.A., to discuss your severance package and employment contract concerns, so you can focus on new employment opportunities.

Our severance pay attorneys review packages meticulously and have the tough negotiation skills you need. If your employer has violated an employment law, such as wrongfully terminating you due to discrimination, and is attempting to quash a legal action on your behalf by offering you a severance package, contact us, and we can advise you on your best options moving forward.

Contact us today. We have offices across Florida, including in Tampa, St. Petersburg, Orlando, Miami, West Palm Beach, Sarasota, and Jacksonville.

RELATED POSTS FOR SEVERANCE

#### Sexual Harassment
FLORIDA WORKPLACE SEXUAL HARASSMENT ATTORNEY

It’s your right as an employee to stop sexual harassment. The Florida sexual harassment attorneys at Wenzel Fenton Cabassa, P.A. represent employees subjected to harassing behavior at work, wrongful termination, or other retaliatory actions for reporting sexual harassment. Our firm handles all types of Title VII employment discrimination claims.

Everyone deserves a safe, harassment-free workplace. Our Florida sexual harassment attorneys fight for employee rights for safety and security at work.

WHAT IS CONSIDERED SEXUAL HARASSMENT AT WORK?

Sexual harassment in the workplace is any type of unwelcome sexual advances, demands or requests for sexual favors, or other varying types of offensive physical or verbal conduct of a sexual nature that would create a hostile work environment.

In the most egregious cases, sexual harassment involves sexual assault or a verbalized threat of losing a job unless the employee submits to sexual favors. This typically involves direct supervisors, managers, or even business owners. But the harasser may be a co-worker or even a customer.

Sexual contact or overt threats are not necessary to constitute harassment, which can include:

Graphic sexual comments about an employee’s body

Leering looks of a sexual nature

Sexual propositions or repeated requests for dates

Obscene jokes, sexual innuendos, or offensive pictures

Inappropriate touching, such as patting, grabbing, pinching, or fondling

“Violating your space” by hovering close in an intimidating manner

Implied threats about your employment status

Frequent graphic descriptions of sexual acts and exploits

Offensive comments about your clothing

https://www.youtube.com/watch?v=5svFHWkMN-s

Any behavior that makes you feel uneasy can create an intimidating, hostile work environment, thus sexual harassment. When dealing with hostile work environments, you may become extremely stressed or nervous to even come into work and feel a wide range of emotions from fear to sorrow to anger.

We understand that these types of cases can be very complex. Our sexual harassment attorneys have the expertise and experience to help you determine if you have a valid claim against your employer.

Sexual harassment is a form of sex discrimination. The behavior does not have to be sexual in nature. You may have a claim if you can show you were treated poorly because of gender (or the opposite sex received favoritism). Florida employees are covered by multiple employee rights laws that a workplace sexual harassment lawyer will draw upon to determine the best strategy for your case.

FLORIDA SEXUAL HARASSMENT LAWS

Florida employees have strong protections under federal and state law.

Title VII of the Civil Rights Act protects employees and job applicants from employment discrimination based on race, color, religion, sex, and national origin. Due to the fact that sexual harassment is considered sex discrimination, employers must abide by this law or face the consequences.

The Florida Civil Rights Act has similar components, offering additional legal protections. This state law provides for freedom from discrimination because of:

race,

color,

religion,

sex,

national origin,

age,

handicap, or

marital status

Federal and state law generally requires you to report the harassment in accordance with company policies if the company has such policies. But most victims just want the behavior to stop. Sexual harassment attorneys lead as your legal advocate to keep it from ever happening again and hold employers accountable for illegal actions in the workplace.

If you are currently dealing with sexual harassment, know you have a right to say no and take steps to stop it.

If the behavior continues, or if you are retaliated against and terminated for reporting sexual harassment, speak to a workplace sexual harassment lawyer about your case. They understand what it takes to hold powerful employers accountable for employment law violations.

Remedies that sexual harassment attorneys may attain can include:

Compensatory damages

Reinstatement to your job with all pay and benefits

Back pay from the date of termination to the settlement or verdict

Emotional damages for psychological suffering and damage to reputation

“Front pay” damages of what you would have earned had you continued there

Punitive damages, if the behavior was especially egregious, or if there are similar claims and settlements.

Sexual harassment is illegal. It can cause tremendous personal stress and severely impact an employee’s career and financial future. Our sexual harassment attorneys fight for employees each step of the way against powerful employers. We also know the complexity and sensitivity of these types of workplace harassment issues and listen closely to understand your situation.

If you have been sexually harassed in the workplace, contact us today.

RELATED POSTS FOR employer discrimination (SEXUAL HARASSMENT)

#### Sexual Orientation & Gender Identity Discrimination
FLORIDA SEXUAL ORIENTATION & GENDER IDENTITY DISCRIMINATION LAWYERS

WERE YOU DISCRIMINATED AGAINST AT WORK DUE TO YOUR GENDER OR SEX?

Discrimination based on sexual orientation and gender identity is, unfortunately, still prevalent in many workplaces. As dedicated sexual orientation discrimination lawyers and gender identity discrimination lawyers in Florida, we are committed to fighting for your rights and ensuring a workplace free from such discrimination.

WHAT IS SEXUAL ORIENTATION DISCRIMINATION IN THE WORKPLACE?

https://www.youtube.com/watch?v=X2XTti8P6uY

Sexual orientation discrimination occurs when an individual is treated differently or unfairly due to their sexual orientation. This includes being discriminated against because you identify as, or are perceived to be, gay, lesbian, bisexual, or heterosexual.

WHAT IS GENDER IDENTITY DISCRIMINATION IN THE WORKPLACE?

Gender identity discrimination happens when an individual is treated differently or unfairly based on their gender identity or expression. This can affect those who are transgender, non-binary, or genderqueer, as well as those who do not conform to traditional gender roles or stereotypes.

YOUR RIGHTS UNDER THE LAW

Under federal and state laws, including Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act (FCRA), employees are protected against discrimination based on sexual orientation and gender identity. Our sexual orientation discrimination lawyers and gender identity discrimination lawyers use these laws to hold employers accountable.

EXAMPLES OF SEXUAL ORIENTATION & GENDER IDENTITY DISCRIMINATION

Discrimination based on sexual orientation or gender identity can take many forms. Some examples include:

Denial of employment opportunities or promotions due to your sexual orientation or gender identity.

Offensive comments or harassment from colleagues or supervisors about your sexual orientation or gender identity.

Unequal pay or benefits compared to other employees with similar qualifications and roles.

Being forced to adhere to dress codes that do not align with your gender identity.

Retaliation for reporting discrimination or supporting another employee’s discrimination claim.

YOUR RIGHT TO A DISCRIMINATION-FREE WORKPLACE

You have the right to work in an environment free from discrimination and harassment. If you believe you have been discriminated against due to your sexual orientation or gender identity, our experienced sexual orientation discrimination lawyers and gender identity discrimination lawyers are here to help.

PROVING YOUR CASE

Proving discrimination cases requires a thorough understanding of employment law and a strategic approach to gathering evidence. Our attorneys will:

Collect documentation such as emails, texts, and memos that show evidence of discrimination or harassment.

Gather witness testimonies to support your case.

Review company policies and practices to identify discriminatory practices.

Analyze employment records, pay stubs, and performance reviews to uncover patterns of discrimination.

SCHEDULE A FREE, CONFIDENTIAL CASE EVALUATION

Discrimination based on sexual orientation and gender identity is not only wrong, it is illegal. You should not have to face this battle alone. Our Florida sexual orientation discrimination lawyers and Florida gender identity discrimination lawyers are dedicated to fighting for your rights and holding employers accountable.

Contact Wenzel Fenton Cabassa, P.A. today to discuss your case and set up your free, confidential case evaluation with one of our sexual orientation discrimination lawyers or gender identity discrimination lawyers. For your convenience, we have Florida locations in Tampa, St. Petersburg, Sarasota, Jacksonville, Miami, Orlando, and West Palm Beach.

RELATED POSTS FOR employer discrimination (sex gender discrimination)

#### Unpaid Wages
FLORIDA UNPAID WAGES LAWYERS

NOT BEING PAID FOR THE HOURS YOU WORK?

CONTACT AN UNPAID WAGES LAWYERS IN FLORIDA TODAY!

Experienced unpaid wages lawyers have the knowledge, skills, and abilities to stand up to managers and business owners that do not pay their employees what they are lawfully owed.

Your unpaid wages lawyer can file a claim for violations of the Fair Labor Standards Act (FLSA), and similar legislation that protects workers across the state and throughout the U.S. These violations are taken very seriously by the U.S. Department of Labor and the State of Florida and can include severe penalties for employers.

Not being paid for your wages can come in many forms. Here are just some examples:

Unpaid bonuses and commissions

Back pay

Earned vacation time

Unpaid final checks

Paying less than the current minimum wage ($8.65 per hour; $5.63 per hour for tipped employees – Florida January 1,2021)

Unpaid tips

If you are owed for unpaid wages in Florida, an attorney can help you recover what you’re entitled to, such as:

Back wages, unpaid vacation time, bonuses, commissions, and tips

Overtime – 1 ½ times regular pay past 40 hours worked per week (including some salaried positions)

Liquidated damages which double the amount you are owed (a penalty for employers who violate employment laws such as the FLSA). Example: If you are owed $5,000, the liquidated damages would bring the total you are owed to $10,000.

Are you owed unpaid wages? Contact a Florida unpaid wages lawyer at Wenzel Fenton Cabassa, P.A. today. We offer a free, confidential case evaluation and, should you have a case, we don’t get paid unless you win.

https://www.youtube.com/watch?v=BdMZSxR1bnY

WHAT ARE THE STATUTES OF LIMITATION FOR UNPAID WAGES IN FLORIDA?

Missing wages or fighting for fair pay? Unpaid wages are common legal issues employees in Florida and across the country face, which is why it is important to hire an employment law attorney if you are not receiving the pay to which you are entitled. Unpaid wages lawyers will advocate for your rights under applicable unpaid wages laws to help you get your missing wages and fair pay.

If you are an employee who is not being paid the wages you are owed, our law firm has the experience to represent you. At Wenzel Fenton Cabassa, P.A., our employment law attorneys understand the importance of thorough representation with unpaid wage disputes. We have extensive legal experience advocating for employees in multiple areas of employee rights and have a deep appreciation for the complex and difficult legal nature of unpaid wages.

Based in Tampa, Florida, our law firm has earned a reputation for dedicated client service since its founding in 1994. We counsel clients in cases involving unpaid wages, unpaid commission, unpaid salary, and other forms of wage theft, including cases involving the Fair Labor Standards Act (FLSA).

WHAT TO EXPECT ONCE YOU FILE A CLAIM?

Once an unpaid wages dispute is filed, your lawyer will begin negotiations with the employer who violated unpaid wages laws. We aggressively defend your right to proper compensation and do not hesitate to go to court if needed. The U.S. Department of Labor’s Wage and Hour Division (WHD) is the federal government department that administers unpaid wages laws, ensuring that employers are appropriately paid for the hours they have worked. These laws are enforced regardless of immigration status. We provide legal counsel to employees in many industries and job types across Florida and are dedicated to employee rights.

SCHEDULE A FREE CASE EVALUATION WITH AN UNPAID WAGES LAWYER

The typical remedies in unpaid wages disputes include payment of unpaid wages, unpaid commissions, or similar compensation duly owed. Depending on the case, an employee may also be able to receive liquidated damages equal to the amount of unpaid wages and compensation for attorney’s fees and costs incurred in pursuing these claims. An experienced employment law attorney will fight hard for your rights and advocate for the best outcome possible.

Wenzel Fenton Cabassa, P.A. is on the employee’s side in unpaid wages disputes. Employers will have their legal counsel, and you deserve to have appropriate representation by an employment law attorney to get the compensation you have rightfully earned.

Contact our office today for a free, confidential case evaluation.

RELATED POSTS FOR UNPAID WAGES

#### Wage Disputes
FLORIDA PAYMENT DISPUTES ATTORNEY

Do you need wage dispute lawyers? Even though there are state and federal laws that mandate employers to pay all wages that are owed to an employee, it is relatively common for companies to not pay individuals in full. A wage lawyer understands the complexities of employment law and can fight for your rights and collect unpaid wages and benefits.

It’s important for you to secure the money that is rightfully yours. Departing employees sometimes deal with delays in final paychecks or severance pay. Salespeople are not compensated based on commission plans or are fired before the commission comes due. We help resolve these issues and other wage and hour disputes.

FLORIDA WAGE DISPUTE LAWYERS. A CLAIM FOR UNPAID WAGES MAY INCLUDE:

Legal minimum wage

Payment for “off-the-clock” work

Withholding the final check after you left your job

Travel time during the time you are required to work (that is related to your job)

Payment earned for untaken, accrued vacation time

Overtime pay for hours worked after the maximum full-time (>40 hrs./week by federal law)

Commissions or bonuses

Whether it’s wages, commissions, bonuses, or other areas listed above, failing to pay an employee their earnings is illegal. If your employer owes you back pay, you may be able to recover what’s owed. Employers often have large legal teams to represent their interests. You have the right to representation too. Without experienced legal assistance, it can be challenging to maneuver the legal system and receive what you have rightfully earned.

EQUAL PAY & THE RIGHT TO FAIR COMPENSATION

Equal pay for equal work is not only morally right, it’s federal law. Enforced by the U.S. Equal Employment Opportunity Commission (EEOC), the Equal Pay Act of 1963 was signed into law by President John F. Kennedy and was created to modify the Fair Labor Standards Act to prohibit wage disparity due to sex.

LEARN MORE

FLORIDA & FLSA MINIMUM WAGE

Basic Minimum Rate (per hour): $13.00

The minimum wage is adjusted annually based on a set formula. The Florida minimum wage is scheduled to increase by $1.00 every September 30th until reaching $15.00 on September 30, 2026.

LEARN MORE

THE RECOVERY OF UNPAID WAGES AND BENEFITS

The FLSA offers employees and former employees several options to recover unpaid wages. These can include the following:

You may file a private lawsuit against an employer for back pay, as well as an equal monetary amount as liquidated damages

The Wage and Hour Division may supervise the payment of any or all back wages owed to you

The Secretary of Labor may bring a federal suit against the employer for back wages, as well as an equal monetary amount as liquidated damages

The Secretary of Labor may get an injunction against the employer to restrain them or a representative of the company from violating the FLSA, including the withholding of overtime pay and proper minimum wage

There are some restrictions around these provisions, so it’s highly recommended to consult an unpaid wages lawyer to determine your best legal options. It is important to take action as soon as possible because there is a statute of limitations under the FLSA — 2 years for the recovery of back pay; 3 years in the event of a willful violation of the law by your employer.

LEARN MORE

WAGE & HOUR DISPUTES LAWYERS

Has your employer violated the FLSA and not paid you minimum wage, back pay, commissions, or other unpaid wages? Did you not receive your final check or overtime pay? Sometimes employers will even wrongly classify you so they’re not obligated to pay you overtime. Doing so is not only wrong, it is illegal. It also can add up to a significant amount of money if has been happening for a while. You should be able to receive what you have rightfully earned.

You need wage dispute lawyers to resolve employment disputes and collect unpaid wages. We can help simplify the complex nature of wage disputes and get you the money you deserve. If your employer has not given you a fair wage or not paid you for all the time you have worked, including legally-required overtime, they should be held accountable for their unlawful actions.

LEARN MORE

At Wenzel Fenton Cabassa, P.A., we know you work hard for the money you’ve earned. If you haven’t received the wages, overtime pay, bonuses, or commissions you’re legally owed, one of our experienced wage law attorneys can help. You should have a lawyer on your side. We help employees who have been wronged by employers make great decisions about their legal issues.

RELATED POSTS FOR wage disputes

#### WARN Act Attorneys
Experienced WARN Act Attorneys in Florida

When facing sudden layoffs or business closures, employees often find themselves vulnerable. At Wenzel Fenton Cabassa P.A., we leverage our knowledge of the Worker Adjustment and Retraining Notification (WARN) Act to represent workers impacted by such events in Florida. Our experienced team has successfully handled numerous cases, ensuring that employees receive the protections and compensation they deserve. We are the trusted WARN Act attorneys in Florida you can count on.
What Is the WARN Act?
The WARN Act is a federal law designed to protect employees by requiring employers to provide advance notice of significant layoffs or business closures. In Florida, this law applies to both private and public employers, ensuring workers have time to prepare for transitions, whether that means seeking new employment or retraining opportunities. The goal is to minimize the adverse effects of sudden job loss.
However, there are three key exceptions where employers may be exempt from providing notice under the WARN Act:

The Company Falters: When a business seeks new capital to stay open, and issuing a WARN notice could jeopardize that opportunity.
Natural Disasters: If layoffs or closures are a direct result of a natural disaster.
Unforeseeable Business Circumstances: When layoffs or closures occur due to unforeseen business events.

If none of these exceptions apply, employers meeting the WARN Act’s size criteria (outlined below) must provide proper notice before any mass layoffs or plant closures.
Key Requirements of the WARN Act
The law’s key provisions include:

60-Day Notice: Employers must provide a 60-day advance notice before a plant closure or mass layoff.
Employer Size: The WARN Act applies to employers with 100 or more full-time employees.
Layoff Threshold: The business must lay off 50 or more employees at a single site.

If your employer meets these criteria and has not followed the WARN Act, you may be entitled to compensation under Florida WARN notices.
Identifying WARN Act Violations
Employers sometimes fail to comply with the WARN Act’s requirements—whether inadvertently or deliberately. It’s crucial for employees to be able to identify potential violations to protect their rights. Some warning signs include:

Insufficient Notice: Receiving less than 60 days’ notice.
No Notice: Layoffs or closures that happen without any notice.
Misclassification: Employers misclassify employees to avoid WARN Act obligations.
Exemption Misuse: Employers incorrectly claim exemptions to the WARN Act.

For example, suppose an employer lays off 60 full-time employees but misclassifies 12 as temporary or contract workers to avoid reaching the 50-employee threshold. This would be a deliberate violation of the WARN Act.
Legal Recourse for WARN Act Violations

If you suspect your employer has violated the WARN Act, it’s essential to act swiftly. At Wenzel Fenton Cabassa P.A., we are dedicated to pursuing justice for affected employees through legal action. Potential remedies include:

Recovering lost wages due to insufficient notice.
Seeking lost benefits, such as health insurance or retirement contributions.
Pursuing damages for other losses caused by the inadequate notice period.

Every case is unique. Our layoff lawyers will thoroughly evaluate your situation to determine the best course of action.
Success Stories in Protecting Workers’ Rights
The Florida WARN Act attorneys at Wenzel Fenton Cabassa P.A. have successfully litigated numerous cases, delivering exceptional results for our clients. For instance, we secured a $725,000 class action settlement for employees affected by a company’s WARN Act violations. In another case, we achieved a $1.5 million settlement on behalf of mistreated employees.
When negotiations fail, we’re not afraid to take cases to court. In one instance, after an employer refused to offer fair compensation, we obtained a $290,000 judgment for our clients.
Why Choose Wenzel Fenton Cabassa for Your WARN Act Case?
When you need a dedicated WARN Act attorney in Florida, Wenzel Fenton Cabassa P.A. is here to help. Our experienced team is passionate about defending the rights of workers mistreated by their employers. With a commitment to personalized attention and thorough representation, we’ll fight for the justice you deserve.
Connect with us today to discuss your case and learn how we can enforce your rights under the WARN Act.

RELATED POSTS FOR MILITARY RIGHTS

#### Whistleblower Retaliation
TAMPA WHISTLEBLOWER RETALIATION LAWYER

WERE YOU RETALIATED AGAINST FOR BLOWING THE WHISTLE ON AN EMPLOYER?

Retaliation against an employee for blowing the whistle has severe consequences for employers. Federal and state laws are in place to protect employees who object to, refuse to participate in, or report illegal or dangerous activity in the workplace. If you were retaliated against, a Florida whistleblower attorney leads as your legal advocate — fighting hard for justice and the compensation you deserve.

Whether you are a public or private employee in the state of Florida, you have the right to sue for reinstatement and can be compensated for the following:

Back pay and back benefits in full

Withheld or reduced bonuses

Reasonable costs

Damages

A Florida whistleblower attorney understands the complexities of the laws that protect employees from retaliation. At Wenzel Fenton Cabassa, P.A., we have the extensive expertise and experience to present your case to receive appropriate compensation for retaliation.

Know that there are a variety of actions that can constitute whistleblower retaliation:

Firing you or forcing you to quit your job

Reducing your pay

Changing your job title and/or your current responsibilities/duties

Passing you up for a promotion

Harassing or bullying you on the job

Giving you a negative job evaluation without an apparent cause

If any of these have happened to you for reporting illegal or dangerous activity in the workplace, contact a Florida whistleblower attorney today.

https://www.youtube.com/watch?v=Vy-3UxDVjH4

WHAT ARE THE STATUTES OF LIMITATIONS ON WHISTLEBLOWING IN FLORIDA?

According to Florida’s Private Whistle-blower’s Act, it is unlawful for employers to terminate employees for uncovering, objecting to, or reporting violations of state law. Hardworking Florida residents have protections under this act and must take immediate action if their rights have been violated. With appropriate legal counsel with a Florida whistleblower attorney, your case will be as strong as possible to fight the lawyer or team of lawyers that your employer will have.

There are also a number of federal laws on the books that cover whistleblowers for everything from financial crimes to food and consumer safety such as the Sarbanes-Oxley Act (SOX), the Food Safety Modernization Act (FSMA), and the Consumer Product Safety Improvement Act (CPSC).

At Wenzel Fenton Cabassa, P.A., we represent employees who have tried to do the right thing, only to be punished. That punishment can take the form of retaliation by their employers through termination, wage reduction, firing, or other punitive measures.

WHAT TO EXPECT WHEN FILING A COMPLAINT AGAINST AN EMPLOYER

Filing a formal complaint with the appropriate governing agency will result in a formal hearing to determine wrongdoing. Making a complaint to your employer regarding a valid violation of the law should not lead to the loss of your job. Protected employees may have done any of the following:

Objected to, or refused to participate, in a policy, practice, or procedure of the employer that violates a law, rule or regulation

Filed a written complaint with an appropriate agency on their own or as part of an ongoing investigation

Participated in an investigation or legal action against their employer

Contacted a whistleblower hotline

Dismissing or disciplining a whistleblower only adds to the troubles of an employer already under investigation for law violations. Other adverse actions may take the form of reducing or withholding bonuses or denying benefits.

Whatever the situation of the retaliation is: saving documentation is important. Valuable documentation that a whistleblower attorney can utilize for your case includes a list of retaliatory behavior with time and dates that says what the behavior was and how it affected you. Also keep any emails, memos, reviews and other related information. If you have any historical documentation before the retaliation, that can also be helpful to show the change in behavior from your employer.

Also, if there are any witnesses to the particular event(s) or event you complained about or witnesses to the retaliation by your employer, this can be extremely helpful in winning your case.

CONTACT A WHISTLEBLOWER ATTORNEY IN FLORIDA

At Wenzel Fenton Cabassa, P.A., we are here to stand up for your employee rights and help you get the justice and compensation you deserve. A Florida whistleblower attorney provides aggressive advocacy on your behalf against employers who try to intimidate you. The fact is that retaliating against a whistleblower is not only wrong, but it is illegal, and there are serious consequences. When your employee rights are violated, we are here for you to hold them accountable so you can get your career and your life back on track.

Contact us today to set up a free, confidential case evaluation with a Florida whistleblower attorney. We help employees who have been wronged by employers to make great decisions about their legal issues.

RELATED POSTS FOR retaliation (WHISTLEBLOWER RETALIATION)

#### Workers' Compensation Retaliation
FLORIDA WORKERS’ COMPENSATION LAWYER

HELPING TO PROTECT THOSE SUFFERING FROM WORK-RELATED INJURIES

CAN I BE FIRED FOR BEING INJURED ON THE JOB?

An injury suffered on the job brings physical pain and uncertainty. Workers that are hurting become concerned about the future of their health and, sometimes, the future of their job. But employees have rights that protect them after being injured at work. A Florida workers’ compensation lawyer advocates on behalf of workers in multiple industries, including construction, utilities, office workers, and many more.

https://www.youtube.com/watch?v=N95CNlZ5Wns

Many employees will also deny themselves the workers’ compensation benefits they deserve due to the fear of retaliation. At Wenzel Fenton Cabassa, P.A., our Florida workers’ compensation lawyers focus not only on protecting your rights but also on educating you on what you are entitled to under the Florida Workers’ Compensation Act.

Florida Statutes 440.205 states:

No employer shall discharge, threaten to discharge, intimidate or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the workers’ compensation law.

Florida law is clear. If you have been threatened, intimidated, coerced, or wrongfully terminated after you have been injured on the job, you should contact an attorney to discuss your best legal options moving forward.

HOW A WORKERS’ COMP ATTORNEY CAN HELP YOU

A workers’ comp attorney helps employees who have suffered on-the-job injuries and have been retaliated against for filing a workers’ compensation claim. They handle complaints from employees that have been hurt due to dangerous working conditions, unavoidable accidents, faulty machinery, or inadequate training.

Injury claims that a Florida workers’ compensation lawyer handles includes but is not limited to:

Broken bones, muscular, ligament or joint injuries, and herniated disks

Repetitive motion injuries

Injuries to the spinal cord, neck, back or other body parts

Head injuries

Loss of hearing or sight

Sickness or disease such as mesothelioma due to exposure from toxins

Did you know that employees are not legally required to prove the reason they were injured? Workers’ compensation is considered a no-fault system. Meaning, regardless of fault or negligence, employees who are injured on the job have a right to compensation.

A Florida workers’ comp lawyer may also file a case against a third party if an employee was injured by machinery or a product while on the job. The manufacturer may be held liable for damages due to the injury.

HAVE YOU BEEN RETALIATED AGAINST OR DENIED WORKERS’ COMPENSATION BENEFITS?

Unfortunately, it happens all the time. They may tell you that the injury did not occur on the job, accuse you of fraud or misrepresenting the injury, or they may even say that the injury was due to a preexisting condition. They may threaten, bully, or even reduce your pay or fire you. If you have been retaliated against and/or denied workers’ compensation benefits, you should consult with a work injury lawyer right away.

You have the right to appeal the denial. In Florida, a petition can be filed with the Division of Administrative Hearings. Once it is filed, a judge will be assigned to the case and a hearing will be set within 40 days.

YOUR EMPLOYER HAS A LAWYER, WHY DON’T YOU?

When it is time for the appeal hearing, your workers’ compensation attorney will be prepared for questions and situations that often occur after you have originally been denied. They can present detailed evidence of the injury and aggressively defend your right to workers’ comp benefits. A Florida workers’ compensation lawyer may also present:

medical records,

a letter from a physician on how the injury was related to the job,

how it affects you and your ability to work, and

potentially call on a medical expert about your health situation concerning your ability to go back to work and perform your duties

Employers and insurance companies will be given an opportunity to counter the claim and say why they denied it in the first place. A work injury lawyer leads the fight against bullying employers and insurance companies so you can get the compensation you deserve after being injured on the job.

FLORIDA WORKERS’ COMPENSATION LAWYERS FIGHTING FOR EMPLOYEE RIGHTS

Retaliation against employees who file a workers’ compensation claim is illegal. While most employers understand the law and follow it, some companies terminate, demote, or cut the wages of an injured worker. They are not looking out for your interests. Their only concern is an absence that must be filled, or insurance rates will increase. A workers’ compensation attorney works hard for the best possible outcome for you.

Stress combined with physical pain only makes a bad situation worse. While you focus on recovering from your injuries and getting back to work, we will handle all aspects of your workers’ compensation retaliation claim. At Wenzel Fenton Cabassa, P.A, we offer free, confidential case evaluations, and you will not pay legal fees unless we win your case.

We have offices in Tampa, Orlando, Miami, Sarasota, St. Petersburg, Jacksonville, and West Palm Beach for your convenience.

RELATED POSTS FOR retaliation (WORKERS’ COMPENSATION)

#### Wrongful Termination
FLORIDA WRONGFUL TERMINATION LAWYERS

FLORIDA WRONGFUL TERMINATION

https://www.youtube.com/watch?v=vF-m24oTyiE

Unlawful or wrongful termination of employees has serious legal consequences. Employees have strong protections against employers who violate the law. Although Florida is an “at-will” state, your age, race, gender, or injury should not result in the loss of your job. If you believe you are a victim of unlawful termination, the Florida wrongful termination lawyers at Wenzel Fenton Cabassa, P.A., are here to help.

WHAT IS CONSIDERED WRONGFUL TERMINATION IN FLORIDA?

Employees have multiple protections under federal and state laws. The actions of employers across a wide range of employment areas may qualify for wrongful termination.

Examples of Wrongful Termination

Workers’ Compensation Retaliation Claim Filing - According to Florida Statute §440.205, “No employer shall discharge, threaten to discharge, intimidate or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the workers’ compensation law.” What this basically means is that it is illegal for an employer to retaliate against or terminate an employee for filing a workers’ compensation claim.

Hostile Work Environments - Tolerating Sexual Harassment, Wrongful Termination Lawyers in Florida fight for victims of sexual harassment. Suppose it is proven that the wrongful discharge was caused by a sexually hostile work environment. In that case, you may be eligible to receive compensatory damages, reinstatement to your job with all pay and benefits, and back pay from the date of termination to the settlement or verdict, among other types of damages. Sexual harassment is covered under Title VII of the Civil Rights Act of 1964.

Age Discrimination - The Age Discrimination in Employment Act (ADEA) protects people 40 years of age and older from age-based discrimination. This includes any stage of the employment process, including hiring, training, promotions, layoffs, and firing. Also, the Older Workers Benefit Protection Act (OWBPA), an amendment to the ADEA, says that an employer typically may not reduce or deny benefits for older employees.

Race Discrimination - Racism should never be tolerated. Florida Wrongful termination lawyers will perform a thorough investigation of all the facts in the case. We take a creative and aggressive approach to workplace discrimination lawsuits. Together with our experience in the presentation and proof of discriminatory treatment on the job, our methods can make a significant difference in the ultimate result of your claim. For a free case evaluation about your legal options in a workplace race discrimination case, call Wenzel Fenton Cabassa, P.A.

Wage and Hour Disputes - Were you fighting for missing wages or fair pay, and got fired? The Fair Labor Standards Act (FLSA) covers comprehensive issues surrounding wage and hour disputes. These can include unpaid wages, unpaid commission, unpaid salary, and other forms of wage theft. Have you heard your employer say: “I do not owe you that money” or “You owe me money, so I’m not paying you?” Are you a bartender or server and have been short-changed by your employer? Are you in sales and did not receive your proper commission? All of these are examples of wage disputes. A labor and employment lawyer in Florida may be able to help.

Unpaid Overtime - If you did not receive your wages from or if you received “straight-pay” for working overtime, you may have a claim for unpaid overtime. Employers will often have excuses such as: “You didn’t work those hours”; “You worked unscheduled hours”; or even, “I didn’t approve overtime.” Our lawyers have a deep appreciation for the complex and difficult nature of unpaid overtime claims, and we seek to begin a constructive dialogue between employers and their employees in seeking a fair resolution.

Whistleblowing - According to Florida’s Private Whistleblowers’ Act, it is unlawful for employers to terminate employees for uncovering, objecting to, or reporting violations of state or federal law. Some examples of protections offered under the Whistleblower’s Act include participation in an investigation or legal action against their employer, calling a whistleblower hotline, or filing a written complaint with an appropriate agency on their own or as part of an ongoing investigation. Victims of adverse actions, including but not limited to termination, have the right to recover damages for reporting illegal activity or refusing to participate in illegal conduct.

Family and Medical Leave Act - Florida wrongful termination lawyers fight for many individuals who have been fired while on protected leave from work. The federal Family and Medical Leave Act (FMLA) protects you or a loved one from wrongful discharge. The Family and Medical Leave Act “entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.” FMLA typically covers childbirth and the initial care of a newborn. This included paternity leave for fathers as well. Medical leave can include coverage for a serious health condition that makes the employee unable to perform the essential functions of his or her job.

Pregnancy Discrimination - In addition to FMLA, the Pregnancy Discrimination Act of 1978 protects pregnant employees from discrimination and unlawful firing due to pregnancy. It prohibits employers from taking these illegal actions “on the basis of pregnancy, childbirth, or related medical conditions.” If an employee becomes disabled during their pregnancy, they may also be covered under the Americans with Disabilities Act (ADA) of 1990. The ADA is one of America’s most comprehensive pieces of civil rights legislation.

Religious Discrimination - According to the U.S. Equal Employment Opportunity Commission (EEOC), religious discrimination occurs when an applicant or employee is treated unfairly because of their religious beliefs. This protection covers all areas of employment, including pay, promotions, benefits, and more. Discrimination is also prohibited based on the religion of a spouse or close relative. Religious accommodations may include wearing specific attire, such as head coverings, or taking time off for religious holidays. If you believe you’ve experienced religious discrimination in the workplace, it’s important to consult with a wrongful termination lawyer in Florida before filing a charge with the EEOC. They can help you prepare your claim and guide you through the administrative process.

FLORIDA’S EMPLOYMENT “AT-WILL” DOCTRINE

Under Florida’s “employment “at-will” doctrine, an employer can fire an employee for any reason or no reason at all. This is legal as long as the actions taken against the employee are not the product of workplace discrimination or in violation of state, local, and/or federal law. However, unlawful or wrongful termination of employees has serious legal consequences. It takes a legal professional who has deep expertise in wrongful discharge to maneuver the complexities of employment law and the justice system.

Importantly, not all workers fall under the employment-at-will doctrine. Some individuals have contracts guaranteeing job security. In Florida, these contracts are typically written agreements guaranteeing a specific term of employment. An employer may be liable for breach of contract if it violates the terms of a written agreement.

HOW FLORIDA WRONGFUL TERMINATION LAWYERS CAN HELP YOU

Wenzel Fenton Cabassa, P.A., can help you determine the best course of action and defend your rights on the job against powerful corporations, government employers, or rogue companies. We understand that what you are going through affects more than just you. It affects your family too. Wrongful termination in Florida can cause emotional trauma, unnecessary financial stress, and major disruptions to you and your family’s daily needs. It can even have long-lasting effects on your career.

Legal options regarding wrongful termination:

Due to the significant impacts of wrongful termination on an employee and their family, filing a lawsuit may be the best legal option. Employees do have the right to sue their employers for violations of employment law. Each case is different, and it is important to know that more than one legal option may be available to you.

There are several avenues that individuals may seek to pursue, ranging from legal action in court to negotiating a severance package. You may be entitled to lost wages, back wages, and punitive damages, among other types of compensation. The decision will depend on your situation and the details of your case. Wrongful termination lawyers can guide you in making the right decision for you and your family.

YOU’RE NOT ALONE

Unfortunatly, no matter how skilled you are at your job or the recognition you receive, anyone can become a victim of illegal workplace actions. Clients often come to us after being fired, laid off, or downsized based on unlawful or discriminatory reasons. You don’t have to do this alone. We’ve helped thousands of others just like you.

We will evaluate your case and analyze the events that led to the adverse employment action. Our priority is to help you understand your rights as an employee and get the justice you deserve. We look at the timing of the termination, demotion, or reduction in pay after the event. If you have any physical documentation, such as printouts of emails, texts, social media posts, or pictures, or even written evaluations, make sure you keep these and provide them to us.

There is a statute of limitations on wrongful termination claims in Florida, so it is important to fight for your rights before it is too late. In general, an employee only has 180 days from the date of discrimination to file a claim. If there were violations of an individual’s civil rights under federal or state law, an employee has 300 days from the date of discrimination to file a claim. Understand that it is important not to postpone a claim so that documentary evidence can be preserved to ensure the case can be as strong as possible.

TAKE ACTION TODAY! CONTACT A WRONGFUL TERMINATION ATTORNEY TODAY!

If you believe you were wrongfully terminated from your job due to any of the above circumstances, we want to speak with you. From injustices such as sexual harassment, race discrimination, pregnancy discrimination, and much more, Wenzel Fenton Cabassa, P.A., is here to help. When selecting a wrongful termination lawyer in Florida, you want someone who will represent you professionally and fight aggressively for you against the well-funded employer. Take immediate action with an employment law attorney who has industry respect and a proven track record of success.

Schedule a free, confidential case evaluation today. Wenzel Fenton Cabassa, P.A., represents clients throughout the entire state of Florida with offices in Tampa, St. Petersburg, Sarasota, West Palm Beach, Miami, Orlando, and Jacksonville for your convenience.

RELATED POSTS FOR WRONGFUL TERMINATION

### Locations

#### Jacksonville
JACKSONVILLE EMPLOYMENT LAWYERS

EMPLOYMENT ATTORNEYS AGGRESSIVELY FIGHTING FOR EMPLOYEE RIGHTS IN JACKSONVILLE, FL

We are employment lawyers in Jacksonville, FL, dedicated to holding employers accountable for the laws they break. With extensive knowledge in employment law and decades of experience going toe to toe with companies large and small to fight for employee rights, Wenzel Fenton Cabassa, P.A., understands what it takes to get justice for our clients.

Since Florida is an “at-will” state, employees can be fired from their job for any reason – unless they are protected by federal or state law. There are also many other protections that employees have from illegal behavior by their employer. Depending on your circumstance, you may be able to receive significant remuneration, damages, and other types of resolutions to your case. Our employment lawyers in Jacksonville, FL, examine the details of your claim to determine your best legal actions against employers who violate your employee rights.

JACKSONVILLE LABOR & EMPLOYMENT LAWYER

When dealing with employment retaliation, harassment, or discrimination, it is important to have an experienced employee rights attorney in Jacksonville, FL, on your side. Our attorneys have handled thousands of labor law and workplace violation cases in Florida and are committed to fighting for employee rights in the workplace.

EMPLOYMENT RETALIATION & DISCRIMINATION

In Florida, it is illegal for an employee to be fired for reporting workplace violations or for engaging in activities protected by law. Furthermore, an employee cannot be fired, harassed, or retaliated against in any way for exercising their workplace rights. A major law that employment lawyers in Jacksonville, FL, utilize in cases of retaliation against employees is the Florida Private Sector Whistleblower Act, Fla. Stat. Ann S448.102.

It is also illegal for employers to discriminate against employees in multiple aspects of the job and the hiring process. Numerous laws on the federal, state and local levels protect Florida employees from discrimination, including but certainly not limited to:

Title VII of the Civil Rights Act of 1964

Americans with Disabilities Act (ADA)

Family and Medical Leave Act (FMLA)

Fair Labor Standards Act (FLSA)

Equal Pay Act (EPA)

National Labor Relations Act (NLRA)

Occupational Health and Safety Act (OSHAct)

Pregnancy Discrimination Act of 1978

Age Discrimination in Employment Act (ADEA)

Florida Civil Rights Act of 1992

Local wage theft ordinances

Employment retaliation and discrimination lawyers in Jacksonville tackle a wide variety of cases for employees and groups of employees across all industries and employment levels. Whether you are an hourly worker, salaried, or work in any level of management, you deserve an experienced Jacksonville employment lawyer to hold employers accountable for unlawful actions.

EXAMPLES OF WORKPLACE DISCRIMINATION & RETALIATION

Denied employment due to race, gender, age, or disability

Fired from your job for blowing the whistle on unfair labor practices

Fired from your job for blowing the whistle on unsafe working conditions

Passed up for a promotion for being pregnant

Given a demotion because of your religious practices

Forced to retire early because of your age

Terminated for filing for workers’ compensation benefits

Has this happened to you or someone you know? Our Jacksonville employment lawyers are experienced in representing workplace retaliation and discrimination cases and can provide the knowledge and consultation needed to help build your case.

WAGE DISPUTES IN FLORIDA

In Florida, qualified employees, by law, are entitled to overtime pay at time-and-a-half for every hour over 40 hours in a workweek. To save on payroll expenses, some employers avoid paying overtime by misclassifying their employees.

Misclassification is also used to avoid paying the Florida minimum wage, currently $8.65 per hour (January 1,2021). Often, employees are not aware that they are misclassified. Therefore, it goes unnoticed, and employers can get away with it.

If you believe this has happened to you, an employment lawyer can help you assess the situation and determine if you have a case.

WRONGFUL TERMINATION IN JACKSONVILLE, FL

Even though Florida is an “at-will” state, many employees still have protections against wrongful termination. Many types of situations could qualify for wrongful termination lawsuits, including being fired specifically due to:

Race, sex, age, disability, pregnancy, religion

Complaints about unfair labor practices or unsafe working conditions

Lawfully taking leave under the FMLA while following company procedures

Requesting to get paid for unpaid overtime or back wages

Asking for reasonable accommodations due to a disability

These cases are complex and often involve claims under more than one law. It is critical to work with an experienced wrongful termination attorney in Jacksonville, FL. They will work with you each step of the way to ensure all legal processes and procedures are followed correctly and to determine the optimum strategy for your case.

HOSTILE WORK ENVIRONMENT IN FLORIDA

A hostile work environment can be one of the most difficult things to go through on the job. It is highly stressful, can cause an employee to be fearful of coming to work, lower production and ability to perform well, and affect an employee mentally, physically, and financially. Skilled employment lawyers in Jacksonville, FL, understand the sensitivity and difficulty of hostile work environments and work with compassion with their clients while being tough on employers who violate employment law.

A hostile work environment is oppressive and can often include offensive comments or actions, discrimination, sexual harassment, bullying, or other similar behaviors and can occur not only due to the actions of a direct supervisor but also from a supervisor from a different department, a vendor, another employee, or a client/customer.

Not all bullying or hostile behavior in the workplace is considered illegal. The situations/persons must be covered under employment law, such as whistleblowing, religious affiliation, race, pregnancy, or disability, among other categories. Consult with our employment lawyers in Jacksonville, FL, to discuss the details of your complaint.

EMPLOYMENT LAW PRACTICE AREAS

Our team of employment lawyers in Jacksonville, FL, have over extensive employment law experience. To ensure employees in Florida are protected from workplace violations, we offer a wide range of practice areas.

Unpaid Wages and Overtime

FMLA Violations

Discrimination

Hostile Work Environment

Workplace Retaliation

Employment Contracts

Fair Credit Reporting Act Violations

Florida Unemployment Compensation Violations

Florida COBRA Insurance Violations

EEOC Mediation

Government Investigations

Ready to talk to an attorney? Contact our law office today to schedule your confidential consultation. Simply fill out our form, and we will contact you to schedule your appointment.

Contact Info

Can't find an answer?

#### Miami
MIAMI LABOR & EMPLOYMENT LAWYERS

Our Miami employment lawyers have represented thousands of cases involving workplace discrimination, harassment, and retaliation in Miami and throughout the State of Florida. We are committed to protecting employees from unfair labor practices and fight aggressively for employee rights in the workplace.

WAGE & HOUR DISPUTES IN MIAMI, FL

When it comes to saving money, some employers use common tactics to avoid paying employees what they are owed. In Florida, employees are entitled to time-and-a-half for every hour over 40 within a single workweek, according to the Fair Labor Standards Act (FLSA). However, some employers will misclassify employees and use other tactics to get out of paying overtime costs, commission, and the Florida minimum wage, which is currently $8.25 per hour (2018).

An experienced Miami labor lawyer can help you build a strong case against your employer and help you recover back pay and other unpaid wages.

DISCRIMINATION IN THE WORKPLACE

An employee in Florida can be discriminated against based on age, sex, gender, race, nationality or another protected class. If you’ve been discriminated against, building a case on your own is no easy task. You must show proof that your employer not only discriminated against you but intended to do so.

Our team of experienced labor and employment law attorneys have successfully handled complex employment law disputes and represented thousands of retaliation and discrimination cases throughout the State of Florida.

OUR EMPLOYMENT LAW PRACTICE AREAS IN MIAMI, FL

Our attorneys understand that unfair labor practices and workplace violations come in many forms. That is why we handle a variety of employment issues; to ensure your rights at work are protected.

Unpaid Wages and Overtime

FMLA Violations

Discrimination

Wrongful Termination

Hostile Work Environment

Workplace Retaliation

Employment Contracts

Fair Credit Reporting Act Violations

Florida Unemployment Compensation Violations

Florida COBRA Insurance Violations

EEOC Mediation

Government Investigations

To learn more about the services we provide, visit our full list of Practice Areas.

Need help building your case? Contact our law firm today. Just fill out our confidential consultation form, and we will contact you to schedule your appointment. There is no obligation.

Contact Info

Can't find an answer?

#### Orlando
ORLANDO EMPLOYMENT LAWYERS

EMPLOYMENT & LABOR ATTORNEYS AGGRESSIVELY FIGHTING FOR EMPLOYEE RIGHTS IN ORLANDO, FL

If you, or someone you know, is a victim of workplace discrimination, retaliation, or harassment, it is essential to find the right team of employment lawyers to represent you. Our experienced wrongful termination lawyers in Orlando, Florida, have represented thousands of employees and continue to fight aggressively against workplace violations and unfair labor practices.

OUR PRACTICE AREAS

Unpaid Wages and Overtime

FMLA Violations

Employment Discrimination

Wrongful Termination

Hostile Work Environment

Workplace Retaliation

Employment Contracts

Fair Credit Reporting Act Violations

Florida Unemployment Compensation Violations

Florida COBRA Insurance Violations

EEOC Mediation

Government Investigations

WRONGFUL TERMINATION

Although Florida is an “at-will” employment state, your employer does not have the right to fire you for reasons such as:

Filing a Workers’ Compensation claim

Discrimination, such as age, race, sex, and gender

Blowing the whistle on illegal or unethical activities

Filing for FMLA leave

Wage disputes and unpaid overtime

If you were fired from your job through no fault of your own, an Orlando wrongful termination attorney could determine if your firing was illegal and what steps are needed to prove your case.

EEOC MEDIATION

In Florida, every retaliation or discrimination claim based on race, sex, age, religion, or national origin, begins with filing a complaint with the EEOC. It is a process that can be done without the representation of a lawyer. However, it is important to know the benefits of having an experienced labor lawyer representing your case.

Benefits of Hiring a Labor Lawyer to Represent Your EEOC Case

The EEOC represents both the employee and the employer. An employment lawyer is an employee advocate.

The EEOC can provide inaccuracies in their charges which could cause credibility issues. An employment lawyer can find the errors for you and make sure your credibility is protected.

An employment attorney can draft the charge and control the message – ensuring accuracy.

An employment lawyer in Orlando can amend a charge if inaccuracies are found.

Also, without the right legal representation, the process can be long and drawn out. Hiring an experienced EEOC lawyer in Orlando can help speed up the meditation process and maximize your recovery.

FAIR PAY

Florida employees have the right to fair pay. Whether you are working for minimum wage or on a salary, or anything in between, employers must follow the Fair Labor Standards Act (FLSA) and other legislation, including State of Florida minimum wage laws, so that you are paid what you are lawfully owed.

Orlando Labor and Employment Lawyers fight for fair pay in multiple types of payment dispute cases, including:

Unpaid wages, commissions, and bonuses (FLSA)

Fair pay for women (Equal Pay Act – EPA)

Fair pay for the disabled, for the young and old (ADA & ADEA)

Fair pay for every race, creed, and ethnicity (Title VII)

Minimum wage violations (FLSA & State of Florida law)

Unpaid overtime (hourly or non-exempt salaried workers)

Orlando, Florida employment lawyers understand the importance of fair pay for all workers across the state. When employers violate federal or state laws, it can negatively affect your financial status and cause instability to you and your family.

Wenzel Fenton Cabassa, P.A., has some of the best labor lawyers in Orlando, FL.

WORKPLACE DISCRIMINATION

Workplace discrimination negatively impacts careers, as well as individuals and families, every day. It is wide-ranging in its effects and can cause tremendous stress and financial strain. Orlando labor and employment lawyers strongly advocate for their clients against employers who break workplace discrimination laws. Florida workers have civil rights and employee rights that should be upheld. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against several workers’ categories or classes.

The types of cases that Orlando employment discrimination lawyers file include:

Sex and Gender Discrimination

Pregnancy Discrimination

Age Discrimination

Religious Discrimination

Sexual Harassment

Race Discrimination

Disability Discrimination

Workplace Bullying Discrimination

We have experienced discrimination lawyers in Orlando who fight for fairness, justice, and equal workplace rights.

HOSTILE WORK ENVIRONMENT

No one deserves to work in a hostile work environment. It is oppressive and intimidating — and employees are often fearful to even step foot in the front door. A hostile work environment can be inflicted upon an employee (or group of employees) due to repeated offensive comments, bullying, unwanted sexual advances or language, or discrimination.

We understand that this can be a very fraught and sensitive situation. Our Orlando labor and employment lawyers are highly skilled in hostile work environment cases. Due to the complexity of these types of cases, it is critical to have the right attorney on your side to get the best outcome of your case.

Not all bullying, offensive language, or other behaviors are determined to be a hostile work environment under the law. The unwanted behavior or actions must be based on a protected class or activity.

The types of hostile work environment cases include:

Sex, Gender, Race, or Age

Religious Affiliation

Disability

Pregnancy

Whistleblowing

Sexual Harassment

Workers’ Compensation Claim Filing

Your employer will have their lawyer (or team of lawyers), and workers deserve the right to appropriate representation to hold employers accountable for violations of the law. Consult with an Orlando labor and employment lawyer when dealing with a hostile work environment to determine your best legal options for your particular case.

Need help building your case? Contact our law firm today. Just fill out our confidential consultation form, and we will contact you to schedule your appointment. There is no obligation.

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#### Sarasota
SARASOTA LABOR & EMPLOYMENT LAWYERS

EMPLOYMENT ATTORNEYS AGGRESSIVELY FIGHTING FOR EMPLOYEE RIGHTS IN SARASOTA, FL

When you need an employment lawyer in Sarasota, the experienced, dedicated team at Wenzel Fenton Cabassa, P.A. is here to help. We fight for the rights of employees across multiple industries, job types, and levels. Our mission is to hold employers that violate federal and state employment laws accountable for their actions and get justice.

You have a right to experienced, passionate, well qualified legal counsel.

An employment lawyer in Sarasota serves as your advocate throughout each step of the case, working tirelessly to get the best outcome possible.

SARASOTA LABOR AND EMPLOYMENT LAWYERS

Our employee rights attorneys have represented thousands of victims of workplace harassment, retaliation, and discrimination and are experienced in handling complex employment law issues in Sarasota and across the State of Florida. We take pride in representing employees, not employers, and fight aggressively to protect workplace rights.

WORKPLACE DISCRIMINATION

If you believe you have been the subject of workplace discrimination, you should consult with an employee rights attorney in Sarasota, Florida. Discrimination is not only wrong – it is against the law. Workers have many protections under federal and state laws, including Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act of 1992. Unfortunately, many employers violate these laws, causing harm to employees in Sarasota and across the State of Florida.

Workplace discrimination can come in many forms, affecting many employment areas, including the hiring process, the daily work environment, access to promotions, termination, and more. Federal and state laws cover employees in protected categories against workplace discrimination, including:

Pregnancy Discrimination

Age Discrimination

Religious Discrimination

Race Discrimination

Sexual Harassment

Disability Discrimination

Workplace Bullying Discrimination

When an employee is dealing with discrimination at work, it can be extremely stressful and challenging to even come to work. You should know that an employment lawyer in Sarasota can help. We believe that no one deserves to be discriminated against and that employers should be held accountable for their actions.

WRONGFUL TERMINATION 

Even though Florida is an “at-will” state – meaning employers can fire you for any reason, employees still have certain protections under the law. Our Sarasota labor attorneys have extensive employment law experience and aggressively fight for our clients in wrongful termination cases.

Wrongful termination is often a retaliatory act to punish employees. It can cause emotional trauma, unnecessary financial stress, and major disruptions to you and your family’s daily needs. It can even have long-lasting effects on your career.

Wrongful termination may result from:

Wage and Hour Disputes

Whistleblowing

Workers’ Compensation Retaliation Claim Filing

Age Discrimination

Race Discrimination

Family and Medical Leave (FMLA)

Pregnancy Discrimination

Disability Discrimination

Unpaid Overtime

Hostile Work Environments Tolerating Sexual Harassment 

You may be entitled to lost wages, back wages, and punitive damages, among other types of compensation, if your employer has wrongfully terminated you.

HOSTILE WORK ENVIRONMENT 

Employees in Florida are also protected under the law if they are subjected to a hostile work environment. Your employment lawyer in Sarasota uses laws such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans With Disabilities Act (ADA), and the Florida Civil Rights Act to hold employers accountable.

A hostile work environment is a term that describes a workplace where an employee (or group of employees) is subjected to discrimination, offensive comments, bullying, or unwanted sexual advances — creating an oppressive, intimidating atmosphere where the employee may be fearful of going to work because of the behavior of the harasser. Not all offensive, difficult workplaces constitute a cause of action for a hostile work environment. For a given situation to rise to the level of an actionable claim, the person (or group) must be in a protected class. Hostile work environment laws typically cover workplace discrimination or harassment due to the following:

Sexual Harassment

Race, Sex, Gender, or Age

Disability

Religious Affiliation

Pregnancy

Whistleblowing

Workers’ Compensation Claim Filing

Our employee rights attorneys in Sarasota, Florida, understand the complexities of hostile work environment cases and work closely with clients to determine effective strategies and build strong cases against employers who violate the law.

FLORIDA MINIMUM WAGE AND UNPAID OVERTIME

Trying to recover back pay, overtime, or commissions is not something an employee should have to do when working hard to earn a living. To save on payroll expenses, some employers use common tactics, such as employee misclassification, to get out of paying what they owe.

In Florida, the minimum wage is currently $8.65 per hour (2021), and many employees qualify for overtime pay for time-and-a-half for every hour after 40 hours of work. If you believe you are a victim of misclassification or are not being paid the wages, overtime, or commissions you are owed, you have rights and need to contact an employment lawyer in Sarasota to represent your case.

EMPLOYMENT LAW PRACTICE AREAS IN SARASOTA, FL

Our employee rights attorneys in Sarasota represent victims of unfair and illegal workplace violations. Here are some of our practice areas:

Unpaid Wages and Overtime

FMLA Violations

Discrimination

Wrongful Termination

Hostile Work Environment

Workplace Retaliation

Employment Contracts

Fair Credit Reporting Act Violations

Florida Unemployment Compensation Violations

Florida COBRA Insurance Violations

EEOC Mediation

Government Investigations

To learn more about the services we provide, visit our full list of Practice Areas.

Start building your case today. Contact our law firm by filling out our confidential confirmation form, and we will contact you to schedule your appointment. For immediate assistance, feel free to call our intake team.

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#### St. Petersburg
ST. PETERSBURG LABOR & EMPLOYMENT LAWYERS

Discrimination and retaliation in the workplace are far too prevalent and often the result of bullies who believe they have the upper hand. Our team of experienced employment lawyers has represented thousands of employees in cases involving unfair labor practices and has been successful in fighting for employee rights in St. Petersburg and throughout the State of Florida.

EXPERIENCING RETALIATION & DISCRIMINATION IN THE WORKPLACE

Whether you were fired for blowing the whistle on unlawful workplace practices or denied a promotion due to your gender, you have rights that need to be protected. Do not let your employer have the upper hand. If you were the victim of retaliation, harassment, or discrimination at work, you need an experienced labor lawyer to represent you.

OUR EMPLOYMENT LAW PRACTICE AREAS IN ST. PETERSBURG, FL

Unfair labor practices come in many forms. To ensure all employees are protected and properly represented from workplace discrimination, harassment, and retaliation, we offer a wide range of employment law practice areas.

Unpaid Wages and Overtime

FMLA Violations

Discrimination

Wrongful Termination

Hostile Work Environment

Workplace Retaliation

Employment Contracts

Fair Credit Reporting Act Violations

Florida Unemployment Compensation Violations

Florida COBRA Insurance Violations

EEOC Mediation

Government Investigations

To learn more about the services we provide and how we can assist in building a strong case against your employer, visit our full list of Practice Areas.

Are you ready to build your case? Contact our law firm today. Simply fill out our consultation form, and we will schedule your appointment. There is no obligation.

Wenzel Fenton Cabassa P.A provides legal representation related to employment law cases across Pinellas County, Florida, including St. Petersburg, Clearwater, Largo, Palm Harbor, Pinellas Park, Dunedin, East Lake, Tarpon Springs, Lealman, Seminole, Safety Harbor, West Lealman, Oldsmar, Gulfport, St. Pete Beach, Bardmoor, Treasure Island, South Highpoint, Kenneth City, South Pasadena, Madeira Beach, Indian Rocks Beach, Belleair, Feather Sound, Ridgecrest, Tierra Verde, Bay Pines, Greenbriar, Harbor Bluffs, Belleair Bluffs, Redington Shores, Bear Creek, Belleair Beach, Redington Beach, North Redington Beach, Indian Shores, Bellair Shores.

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#### Tampa
TAMPA EMPLOYMENT LAWYERS

ARE YOU DEALING WITH WORKPLACE DISCRIMINATION OR RETALIATION?

Our Tampa employment lawyers have represented thousands of employees in workplace retaliation and discrimination cases and have successfully handled complex employment law disputes. We’re committed to fighting for employee rights throughout the State of Florida and helping employees get the workplace justice they deserve.

WORKPLACE DISCRIMINATION AND RETALIATION

Discriminatory and unfair labor practices are not uncommon and can occur in various ways. Here are just some examples of how workplace bullies exploit employees.

Examples of Workplace Discrimination and Retaliation

Denied a promotion based on gender, age or race

Fired for being pregnant or taking FMLA leave

Dismissed for being hurt on the job

Being harassed for reporting workplace violations

If you’re a victim of employer retaliation or workplace discrimination in Tampa, Florida, you have rights and are entitled to compensation. Having an experienced employment & labor law attorney can help you build a strong case against your employer.

WAGE DISPUTES AND UNPAID OVERTIME

In the State of Florida, employees qualify for overtime pay of time-and-a-half for every hour of work after 40 hours. However, to minimize payroll expenses, some employers use tactics, such as employee misclassification to avoid paying overtime to qualified employees. Misclassification is also used to get out of paying Florida minimum wage, which is now $8.56 per hour (2020).

If you believe you qualify for overtime or were not paid the wages you were owed, you need to consult with an employment lawyer in Tampa. Our law firm has over 30 years of experience in representing unpaid overtime and wage disputes in Florida.

OUR EMPLOYMENT LAW PRACTICE AREAS IN TAMPA, FL

Our employment attorneys cover a wide-range of practice areas to ensure all victims of workplace discrimination, retaliation and harassment are represented.

Unpaid Wages and Overtime

FMLA Violations

Discrimination

Wrongful Termination

Hostile Work Environment

Workplace Retaliation

Employment Contracts

Fair Credit Reporting Act Violations

Florida Unemployment Compensation Violations

Florida COBRA Insurance Violations

EEOC Mediation

Government Investigations

To learn more about the services we provide, visit our full list of Practice Areas.

Ready to take action? Fill out our confidential consultation form, and we will contact you to schedule your appointment. There is no obligation.

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#### West Palm Beach
LABOR & EMPLOYMENT LAWYERS WEST PALM BEACH, FL

Do you have an employment dispute which requires legal representation? The employment and labor lawyers at Wenzel Fenton Cabassa, P.A. have represented thousands of employee rights cases throughout the State of Florida and are committed to helping employees facing unfair and discriminatory labor practices seek the justice they deserve.

We represent the employee, not the employer. If you believe you are the victim of illegal labor practices, contact our office today to schedule your free, confidential consultation.

EMPLOYMENT ATTORNEYS FIGHTING FOR WORKPLACE RIGHTS IN WEST PALM BEACH, FL

Your employer has a lawyer. Why don’t you?

Our team of experienced employment & labor law attorneys fight aggressively for employee rights. We understand what you are up against and have the expertise, tenacity, and professionalism needed to fight for the justice you rightfully deserve. When things go wrong, your employer will hire an experienced and respected attorney to fight for their interests – and you should too.

During your initial consultation, we will discuss your situation by asking important questions to establish if legal action is warranted and guide you through the process. We are confident in our abilities to represent your case which is why we offer “no win, no pay” contingency fee options. We stand for employee rights and equality in the workplace. Regardless of your position or who you are, we will aggressively fight for your workplace rights.

OUR EMPLOYMENT LAW PRACTICE AREAS IN WEST PALM BEACH, FL

As employee rights attorneys, we take pride in our knowledge of Florida employment law and our ability to provide outstanding representation to our clients in West Palm Beach and throughout the state. We want to ensure all employees are treated fairly and equally which is why we represent a variety of employment and labor law disputes, such as:

Unpaid Wages and Overtime

FMLA Violations

Discrimination

Wrongful Termination

Hostile Work Environment

Workplace Retaliation

Whistleblower Retaliation

Employment Contracts

Fair Credit Reporting Act Violations

Florida Unemployment Compensation Violations

Florida COBRA Insurance Violations

EEOC Mediation

Government Investigations

Regain your peace of mind and start building your case today. Schedule your free, confidential consultation by filling out our contact form or, for immediate assistance, give us a call. You will be happy you did.

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### Cases

#### Catholic Charities director accused of sexual harassment
ST. PETERSBURG — A former employee of Catholic Charities is suing the Catholic Diocese of St. Petersburg alleging that he was sexually harassed by the current executive director.

#### Credit check for new hire spurs lawsuit against Legoland
A Lakeland woman is suing Legoland’s owner Merlin Entertainment because she said she wasn’t properly notified the company would run a background check when she applied to work there.

#### Doorstep Delivery FLSA Suit Settled After Decertification
Law360 (January 14, 2019, 8:08 PM EST) -- Doorstep Delivery has been able to settle a driver’s Fair Labor Standards Act suit against the food delivery service claiming that he was misclassified as an independent contractor and not properly…

#### ENTERPRISE CAN'T SHAKE WARN ACT LIABILITY OVER VIRUS LAYOFFS
Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change.

#### EXCESSIVE FEE SUIT TREADS FAMILIAR, NEW GROUND(S)
The fiduciaries of yet another multi-billion dollar 401(k) have been sued for an alleged breach of its fiduciary duty.

#### FEDERAL JUDGE CERTIFIES CLASS ACTION LAWSUIT AGAINST LASER SPINE INSTITUTE
The plaintiffs allege that Laser Spine Institute did not provide proper notification to its employees of its abrupt closure.

#### Fla. Ambulance Co. To Pay $5.5M For Medicare, Tricare Fraud
Law360, Miami (January 30, 2018, 6:12 PM EST) -- AmeriCare, the largest ambulance provider in Tampa, has agreed to pay $5.5 million to resolve False Claims Act allegations that it defrauded government health care programs by billing for medically unnecessary…

#### HART BOARD VOTES TO PART WAYS WITH CEO FOLLOWING INVESTIGATION INTO HER CONDUCT
The Hillsborough Area Regional Transit Authority's CEO is out of a job after the agency's board of directors voted Tuesday to part ways with Adelee Le Grand following an investigation into her conduct.

#### HILLSBOROUGH TRANSIT CHIEF DEPARTS, TAKING $88,000 WITH HER
The chief executive of the public transit agency serving the Tampa area stepped down Tuesday afternoon, ending a two-and-a-half year tenure that culminated in a monthslong investigation into her leadership.

#### Impacts of airport satellite lot closure felt by employees, travelers
While the website boasts of a parking facility that is "gated, secure and close to the port," customers of Premier Parking are finding gravel lots that are open and left abandoned.

#### Laborers allege Diamond Reconstruction owes unpaid wages
A Tampa contracting company is accused of failing to pay former employees at the correct rate for overtime work and allegedly misclassified them as independent contractors.

#### Moldy Mercedes-Benz HVAC Systems 'Foul,' Suit Claims
Law360 (December 13, 2018, 5:16 PM EST) -- Mercedes-Benz USA LLC and its parent company Daimler AG were hit with a lawsuit in New Jersey federal court Wednesday, claiming in the third putative class action of its kind that…

#### Obama's push to expand overtime could mean big changes for Florida
Florida's vast workforce of low-wage service workers and middle managers could see their paychecks swell because of President Barack Obama's directive this week to expand who can benefit from overtime pay.

#### Pepsico Violations of COBRA’s Notice Requirements Class Action
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) allows employees who are terminated by certain companies to continue their health insurance for a number of months after termination. The complaint for this class action claims that Pepsico, Inc. violated the law in not giving its employees proper information about COBRA.

#### SHOREPOINT FACES LAWSUIT OVER CLOSURE
ShorePoint Health Venice and Community Health Systems Inc., its parent company, are the defendants in a lawsuit alleging a violation of federal law in the closure of the hospital.

#### TAMPA'S LARGEST AMBULANCE PROVIDER AGREES TO SETTLE MEDICARE FRAUD LAWSUIT FILED BY BERGER & MONTAGUE AND WENZEL FENTON CABASSA FOR $5.5 MILLION
Berger & Montague, P.C. and Wenzel Fenton Cabassa, P.A. of Tampa are pleased to announce that AmeriCare Ambulance Service, Inc. and its sister company, AmeriCare ALS, Inc. (collectively, AmeriCare), agreed to pay $5.5 million to resolve a False Claims Act lawsuit filed by both firms on behalf of their client. The lawsuit alleges that AmeriCare defrauded the government by billing Medicare for thousands of medically unnecessary services.

#### TECHNICIAN HITS INTERNET PROVIDER WITH ON-CALL WAGE SUIT
A field technician accused the telecom firm and internet service provider Level 3 Communications of requiring workers to spend 24 hours per day on call without adequate overtime compensation.

#### Tenn. Co. Ex-Driver Wants Class Cert. In COBRA Notice Row
Law360 (October 30, 2018, 3:21 PM EDT) -- A former driver for a Tennessee-based transportation company is seeking class certification in his Florida federal court suit accusing his ex-employer of providing untimely and subpar notices regarding a right to…

#### TRULIEVE UNLAWFUL BACKGROUND CHECKS $60,500 CLASS ACTION LAWSUIT SETTLEMENT
 In April of 2019, Logan Lyttle applied to work at Trulieve. However, Trulieve refused to hire him based on information it obtained from his background check. Check Out Our Summary.

#### WHISTLEBLOWERS CASE AGAINST GAINESVILLE EYE PHYSICIANS
Whistleblowers Case Against Gainesville Eye Physicians: Gainesville Eye Physicians is being named in a complaint citing fraud against elderly patients.

### Case Results

#### African American executive
African American executive terminated after internal complaint of race discrimination

#### Applicant with disability
Applicant with disability who was denied employment

#### Black Employee
Black Employee endured racial slurs and stereotypes, reported it, and was terminated

#### Breach of employment
Breach of employment contract and unpaid wages

#### Class settlement
Class settlement for tipped employees whose employer was improperly deducting from a tip pool

#### Class settlement for nurses
Class settlement for nurses not paid during employer-required training classes

#### Employee complained
Employee complained that employer billing practices were defrauding customers

#### Employee complained
Employee complained of race discrimination and was terminated

#### Employee discriminated
Employee discriminated against due to national origin

#### Employee subjected
Employee subjected to race discrimination and terminated after reporting the discrimination

#### Employee subjected
Employee subjected to sexual harassment from owner of company

#### Employee targeted
Employee targeted due to her disability and need for FMLA

#### Employee terminated
Employee terminated after missing work due to serious illness

#### Employee terminated
Employee terminated because of his age

#### Employee terminated
Employee terminated after requesting medical leave due to serious health condition

#### Employee terminated
Employee terminated after requesting medical accommodation from vaccine due to disability

#### Employee terminated
Employee terminated after complaining to human resources about sexual harassment

#### Employee who requested FMLA
Employee who requested FMLA and was dismissed

#### Employee who was over 55
Employee who was over 55 years old and targeted due to their age

#### Employee with cancer
Employee with cancer terminated after requesting medical leave for treatment

#### Employee with cancer
Employee with cancer terminated for taking medical leave

#### Employee with substantial unpaid overtime
Employee with substantial unpaid overtime

#### Employee worked
Employee worked substantial overtime hours that employer refused to pay

#### Employee’s contractual wages
Employee’s contractual wages were cut short and employer refused to pay

#### Employee’s increase in severance
Employee’s increase in severance after requesting FMLA and was fired

#### Employee’s unpaid commissions
Employee’s unpaid commissions that employer refused to pay

#### Employer laid off employees
Employer laid off employees in violation of WARN Act

#### Executive terminated
Executive terminated for objecting to unlawful company practices

#### Female employee
Female employee sexually harassed by her direct supervisor

#### Female employee
Female employee complained of sexual harassment

#### Female employee
Female employee complained about discriminatory treatment by male supervisor and was then terminated

#### Female employee complained
Female employee complained of discrimination and was terminated

#### Female Employee over the age
Female Employee over the age of 40 targeted for her age

#### Female Employee reported
Female Employee reported sexual harassment from co-worker and was terminated

#### Group of employees
Group of employees who alleged employer failed to pay them overtime wages

#### Hispanic male
Hispanic male who complained about discrimination and was then terminated

#### Homosexual male
Homosexual male employee terminated because of sexual orientation

#### Injured Employee terminated
Injured Employee terminated after filing claim for workers’ compensation

#### Jewish Employee
Jewish Employee was targeted due to her religion

#### Judgment in case
Judgment in case for WARN Act violations

#### Male Employee
Male Employee that reported sexual harassment of women and was terminated

#### Male employee sexually harassed
Male employee sexually harassed at work and fired for reporting

#### Middle-Eastern Employee
Middle-Eastern Employee ridiculed and terminated due to national origin

#### Military Employee’s increase in severance
Military Employee’s increase in severance after being terminated after receiving orders

#### Misclassified employee’s unpaid
Misclassified employee’s unpaid overtime and liquidated damages

#### National employer
National employer for Fair Credit Reporting Act violations

#### National employer
National employer for COBRA notice violations

#### National employer
National employer for Fair Credit Reporting Act violations

#### National retaile
National retailer for Fair Credit Reporting Act violations

#### National retailer
National retailer for Fair Credit Reporting Act violations

#### Puerto Rican employee
Puerto Rican employee terminated after filing EEOC charge about discriminatory treatment

### E-Books

#### Dealing with Workplace Discrimination
DEALING WITH WORKPLACE DISCRIMINATION IN ST. PETERSBURG, FL?

GET THE JUSTICE YOU DESERVE

Workplace discrimination negatively affects the lives and livelihoods of workers across St. Petersburg, FL. Bullying bosses, managers, and business owners harass and discriminate, even though it is against the law.

GET ANSWERS TO WORKPLACE DISCRIMINATION QUESTIONS

Our Guide to Dealing with Workplace Discrimination in St. Petersburg, FL, will help you understand the rights you’re entitled to as an employee.

What is considered workplace discrimination?

Do I have a case for an employment discrimination lawsuit?

Steps to building your discrimination case.

When to contact an attorney?

Discrimination in the workplace is a serious matter and should not be taken lightly. Protect you and your family.

Download our free workplace discrimination guide and start building your case today.

RELATED E-books

AWARD-WINNING FLORIDA EMPLOYMENT LAW FIRM

Our law firm has repeatedly been recognized for our employee advocacy and representation,making us one of Florida’s most decorated and trusted employment law firms.

#### Florida Unemployment Guide | Unemployment Benefits Florida
FREE GUIDE: WHAT YOU NEED TO KNOW ABOUT FLORIDAUNEMPLOYMENT BENEFITS

WHAT DOES IT TAKE TO GET UNEMPLOYMENT BENEFITS IN FLORIDA?HERE’S WHAT YOU NEED TO KNOW

If you recently lost your job in Florida through no fault of your own, you probably have a lot of questions about unemployment benefits.

Our free eBook, What You Need to Know About Florida Unemployment Benefits, answers these questions and much more. The guide details the ins and outs of Florida unemployment claims, the unemployment benefits process and why everyone is not able to get benefits, including:

How to File for Unemployment and Get It

Top Unemployment Questions Answered

Additional Questions You May Have About Unemployment Compensation/Benefits in Florida

Reasons You May Be Denied Unemployment Benefits in Florida

Learn How to Survive Losing Your Job

Reasons You Need to Hire a Florida Unemployment Compensation Attorney

Get the peace of mind you’re looking for during a difficult time and ensure your workplace rights are protected. Download our free guide today.

Disclaimer: Wenzel Fenton Cabassa, P.A. does not currently provide any assistance or representation for unemployment cases in the court of law.

RELATED E-books

AWARD-WINNING FLORIDA EMPLOYMENT LAW FIRM

Our law firm has repeatedly been recognized for our employee advocacy and representation,making us one of Florida’s most decorated and trusted employment law firms.

#### FLSA: Overtime, Minimum Wage and Unpaid Wages
NOT GETTING PAID OVERTIME?

PROTECT YOUR RIGHTS WITH THE FLSA

Not getting a fair wage for the hours you’ve worked? Know your rights.

The Fair Labor and Standards Act (FLSA) is a federal act which establishes minimum wage and overtime eligibility and standards to protect you from workplace injustice. However, unless you’re a legal wiz or have an employment law attorney on retainer, it may not be easy to understand. To help, we’ve created a guide to Overtime, Minimum Wage and Unpaid Wages.

Understand your wage and overtime rights

Learn how to keep overtime records

Discover minimum wage & overtime exemptions

Guides for salaried & tipped employees

What FLSA doesn’t cover

Don’t wait until it’s too late. Download our Ebook today and get back the unpaid wages you deserve.

RELATED E-books

AWARD-WINNING FLORIDA EMPLOYMENT LAW FIRM

Our law firm has repeatedly been recognized for our employee advocacy and representation,making us one of Florida’s most decorated and trusted employment law firms.

#### Guide to Protecting Yourself Against Pregnancy Discrimination
GUIDE TO PROTECTING YOURSELF AGAINSTPREGNANCY DISCRIMINATION

DISCOVER HOW TO PROTECT YOUR RIGHTS WITH OUR FREE PREGNANCY DISCRIMINATION GUIDE

Were you passed up for a job or promotion because you’re pregnant? Forced to take early leave or fired? If you answered “yes”, then you may have a case.

Far too often employers discriminate against working women who are pregnant and far too often they get away with it. Why? Because employees don’t know their rights. We can help. With our free Guide to Protecting Yourself Against Pregnancy Discrimination eBook, you can get a good idea of whether you have a case, and discover how you’re protected by the law.

You’ll learn:

What is Pregnancy Discrimination

Examples of Discrimination

Your Protections Under the Pregnancy Discrimination Act (PDA)

Get the help you need today. Just fill out the form and download our free eBook today.

RELATED E-books

AWARD-WINNING FLORIDA EMPLOYMENT LAW FIRM

Our law firm has repeatedly been recognized for our employee advocacy and representation,making us one of Florida’s most decorated and trusted employment law firms.

#### Guide to Sex Discrimination and Harassment in the Workplace
EXPERIENCING SEX DISCRIMINATION AND HARASSMENTIN THE WORKPLACE?

FIGHT BACK AND PROVE YOUR CASE

Is your employer discriminating against or harassing you because of your gender? Are you considering filing a lawsuit? Find out how what it takes to build your case in our Guide to Sex Discrimination and Harassment in the Workplace.

Find out if you have a legitimate case

Discover if you’re in a “protected class”

Learn illegal ways employers harass their employees

Uncover how to report discrimination

Get examples of sex discrimination and harassment

If you’re tired of being treated unfairly because of your gender, our guide is what you need to protect your rights. Get your copy today and start building your case against your employer.

RELATED E-books

AWARD-WINNING FLORIDA EMPLOYMENT LAW FIRM

Our law firm has repeatedly been recognized for our employee advocacy and representation,making us one of Florida’s most decorated and trusted employment law firms.

#### Guide to Understanding Employment Discrimination
ARE YOU A VICTIM OF WORKPLACE DISCRIMINATION?

GET THE JUSTICE YOU DESERVE

Employment discrimination of any kind can be unlawful and should not be tolerated. Being part of a “protected class” assures your civil rights are protected. Find out if you’re a victim of workplace discrimination and get the justice you deserve.

GET ANSWERS TO WORKPLACE DISCRIMINATION QUESTIONS

Our Guide to Understanding Employment Discrimination will help you understand the rights you’re entitled to as an employee.

What is Employment Discrimination?

What are “Protected Classes”?

Do I Have Grounds for a Lawsuit?

How Do Employers Get Away with Discrimination?

What is Employment Retaliation?

Discrimination in the workplace is a serious matter and should not be taken lightly. Protect you and your family.

Download our free workplace discrimination guide and start building your case today.

AWARD-WINNING FLORIDA EMPLOYMENT LAW FIRM

Our law firm has repeatedly been recognized for our employee advocacy and representation,making us one of Florida’s most decorated and trusted employment law firms.

#### Retaliation in the Workplace Ebook
DEALING WITH RETALIATION IN THE WORKPLACE?

GET THE PROTECTION YOU DESERVE

Did you lose your job or face retaliation at work for doing the right thing? Wondering if you have a case? Get the help you need with our free guide, When Good Deeds are Punished: Retaliation in the Workplace.

Learn what is considered workplace retaliation

Find out when you’re protected from retaliation

Discover if you can be fired for taking a leave of absence

Uncover how employers avoid retaliation claims

Get the low-down on whistleblowing laws

Don’t let your boss, or former employer, get away with being a bully. Start building your case and defend your workplace rights today.

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AWARD-WINNING FLORIDA EMPLOYMENT LAW FIRM

Our law firm has repeatedly been recognized for our employee advocacy and representation,making us one of Florida’s most decorated and trusted employment law firms.

#### Understanding FMLA Free Ebook
GUIDE TO UNDERSTANDING FMLA:HELPING YOU, YOUR JOB & YOUR FAMILY

WHAT EVERY EMPLOYEE NEEDS TO KNOW ABOUT THEIR FMLA RIGHTS

Taking time off of work can be very stressful no matter the reason. But when life has other plans and you need to take extended leave from work, make sure you know your rights before you "call in".

GET ANSWERS TO COMMON FMLA QUESTIONS

The Family Medical Leave Act (FMLA) is a federal law created to help you easily balance work and family while protecting your job during your absence. To help you through the process, we’ve created a guide to help you understand FMLA and your rights as an employee.

Am I qualified for FMLA leave?

When can I use leave under FMLA?

What paperwork am I responsible for when filing for FMLA?

Will I get paid while on FMLA?

If you plan on taking a leave of absence due to an upcoming pregnancy, surgery or you need to take care of a sick family member, protect yourself.

Get our guide to understanding FMLA and know your rights!

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AWARD-WINNING FLORIDA EMPLOYMENT LAW FIRM

Our law firm has repeatedly been recognized for our employee advocacy and representation,making us one of Florida’s most decorated and trusted employment law firms.

#### What’s Your Defense Against an Employer If You’re Wrongfully Terminated in Tampa?
WHAT’S YOUR DEFENSE AGAINST AN EMPLOYERIF YOU’RE WRONGFULLY TERMINATED IN TAMPA?

ARE YOU THE VICTIM OF WORKPLACE DISCRIMINATION, RETALIATION, OR WAS YOUR TERMINATION UNLAWFUL IN ANY WAY?

Wrongful termination is hard to determine in an at-will state like Florida, but it is common and can be proven. Unlawful termination is any form of discrimination (age, race, sex, religion, and nationality) or retaliation — firing an employee who is expressing a protected right.

WAS IT ILLEGAL FOR YOUR EMPLOYER TO FIRE YOU?

Find out more about what is considered wrongful termination in Tampa and surrounding areas and help build your case. Our ‘Have You Been Wrongfully Terminated’ Ebook can help you:

Our free eBook, What You Need to Know About Florida Unemployment Benefits, answers these questions and much more. The guide details the ins and outs of Florida unemployment claims, the unemployment benefits process and why everyone is not able to get benefits, including:

Find out if you’ve been wrongfully terminated

Determine required deadlines after being fired

Get the facts on sex and age discrimination

How to prove wrongful termination

Learn more about statutes of limitation

Avoid the risk of forgetting important details and information or missing the statute of limitations for your case.

Learn more about wrongful termination to receive the benefits you’ve rightfully earned.

RELATED E-books

AWARD-WINNING FLORIDA EMPLOYMENT LAW FIRM

Our law firm has repeatedly been recognized for our employee advocacy and representation,making us one of Florida’s most decorated and trusted employment law firms.

#### Wrongful Termination When Firing Is Illegal Ebook
WERE YOU FIRED FROM YOUR JOB?

FIND OUT IF YOU WERE WRONGFULLY TERMINATED

Were you fired through no fault of your own? Wondering if your termination was illegal? With our guide, Wrongful Termination: When Firing Is Illegal, you can get the answers to your questions and begin building your case against your former employer.

Learn more about wrongful termination due to:

Wage & Hour Disputes

Retaliation

Discrimination

Whistleblowing

FMLA

Hostile Work Environment

Don’t let your former employer get away with violating your workplace rights. Protect yourself, and your family, with our guide.

RELATED E-books

AWARD-WINNING FLORIDA EMPLOYMENT LAW FIRM

Our law firm has repeatedly been recognized for our employee advocacy and representation,making us one of Florida’s most decorated and trusted employment law firms.