Florida Employment Law Articles


Paying Overtime WITHOUT Overpaying
Florida is one of the busiest states when it comes to federal lawsuits involving unpaid overtime under the Fair Labor Standards Act (FLSA). This has created for some employers a heightened awareness of the requirements. For example, most employers are aware that simply paying a salary does not, by itself, make an employee exempt from overtime pay. Unfortunately, many employers believe they must revert back to paying certain employees an hourly rate if their employees do not fall within any applicable exemption...

You’re Hired: But first sign this agreement.
Employment agreements are becoming more common in the workplace, and are often a point of contention, particularly from the new or prospective employee’s side. Generally, a prospective employee is in a less advantageous position to know the law as it relates to contract principles and specific employment law provisions, which can (and does) make the new hire feel unsure or uncomfortable when signing an employment agreement. To make matters worse, ...

Pregnancy Discrimination and the Florida Civil Rights Act
This section of civil rights labor law has become a super hot topic in the past two years, ever since the Florida Supreme Court heard a case relating to the issue in 2014. We will call that case “Delva,” named after an employee who sued her employer for discriminatory behavior after she informed them she was an expecting mother. The issue centered around the fact that the Florida Civil Rights Act failed to expressly protect pregnant women. Sadly, this was true: the FCRA historically expressly protected individuals from discrimination based on race, color, religion, sex, national origin, age, handicap, or marital status (Section 760.01, F.S., (2011)), but never contemplated pregnant women as a protected class.