What Are The Main Legal Protections For LGBTQ+ Employees In Florida? LGBTQ+ employees in Florida are protected under federal and state laws that prohibit discrimination based on sexual orientation and gender identity. This means that employers cannot treat LGBTQ+ employees differently than similarly situated coworkers. Any adverse treatment based on an employee’s sexual orientation or gender identity is illegal. If an LGBTQ+ employee is subjected to discrimination, they are entitled to seek financial remedies for any quantifiable damages they have suffered. These may include: Lost Wages: This is compensation for any income lost due to discriminatory practices, such as wrongful termination, demotion, or denial of promotions. Other Tangible Terms Of Employment: This covers other economic losses that can be directly linked to the discriminatory acts, such as lost benefits, reduced hours, or denied opportunities for advancement. In…Read More
In this article, you can discover… The impact of the Supreme Court’s decision in Bostock v. Clayton County on LGBTQ+ worker protections. How Title VII of the Civil Rights Act and Florida Statute Chapter 760 protect LGBTQ+ employees from discrimination. The alignment of LGBTQ+ worker rights with protections based on gender, religion, and national origin. What Are The Legal Protections Against Wrongful Termination For LGBTQ+ Workers? In the landmark case of Bostock v. Clayton County, Georgia 590 US 644 (2020), the law underwent a significant transformation regarding protections for LGBTQ+ workers. The Supreme Court ruled that treating LGBTQ+ employees differently based on their sexual orientation constitutes gender discrimination under both Title VII of the Civil Rights Act and, consequently, under Florida Statute Chapter 760, which is the state equivalent protecting against adverse conduct. This decision…Read More
In this article, you can discover… The definition of retaliation under Florida’s employment law and its impact on employees’ rights. Examples of both obvious and nuanced forms of employer retaliation. How employer actions are evaluated based on their potential to dissuade employees from asserting their rights. What Constitutes Retaliation Under Florida’s Employment Law? Retaliation in Florida includes any employer action that would deter a reasonable employee from asserting their rights. Even relatively minor actions can be considered retaliation. Sometimes, retaliation is obvious through direct statements, but it can also be more nuanced. The key factor is whether the employer’s actions would dissuade a similarly situated worker from making the same complaint. What Steps Should An Employee Take Immediately After Experiencing Retaliation? Immediately after you experience retaliation, you should document the incident in writing using a verifiably delivered…Read More
In this article, you can discover… The legal definition of a hostile work environment in Florida, focusing on discriminatory conduct. How the frequency and severity of harassment impact a hostile work environment claim. Practical steps employees should take if they believe they are in a hostile work environment. What Is The Legal Definition Of A Hostile Work Environment In Florida? In Florida, a hostile work environment is defined by illegal, discriminatory conduct that is severe and pervasive, significantly altering the conditions of employment and creating an abusive working atmosphere. It involves specific criteria that must be met to substantiate your claim. Proving a hostile work environment claim requires the following: Protected Characteristic The behavior or treatment that is the subject of a claim must be based on a characteristic protected by law, such as race,…Read More
If My Permanent Total Disability Claim Is Denied, Should I Immediately Apply Again? If you were denied permanent total disability by a carrier, immediately seeking out a law office for a consultation and to review your case is the best move you can make. Re-application of a claim after a final ruling by a judge is less common. The State of Florida has processes in place that require that both parties involved sit down and frankly and professionally discuss what resolutions are possible in good faith before the claim is filed with a judge. However, should you wish to contest a judge’s ruling, we can review your case and determine if there are reasonable grounds to appeal or request reconsideration. For example, a judge may not have had access to important medical or practical information…Read More
What Is Permanent Total Disability? A permanent total disability in the State of Florida requires an employee to demonstrate that they are unable to work even a sedentary or seated job (such as a job working at a computer or a desk) on a full-time basis. Examples of such disabilities might include a spinal cord injury and paralysis, a severe neurological disorder such as chronic seizures, or severe loss of vision. Who Determines If My Injury Is A Permanent Total Disability? An adjuster assigned to your case would make the initial decision as to whether or not an insurance carrier would agree to pay permanent disability benefits. While there are certainly times when both the injured worker and the carriers agree that the injury qualifies as a total disability, sometimes there are disagreements. What happens…Read More
What Are Potential Remedies Under The Fair Labor Standards Act In Florida? Employees can receive remedies if they are: Improperly classified. Not paid for time worked. Improperly paid overtime. Courts may also award liquidated damages equal to what the employee otherwise should have been compensated, as well as attorney’s fees and costs payable to the employee’s attorney, who assists them with the resolution of a claim. Can An Employee File A Fair Labor Standards Act Employment Claim Anonymously? Although an employee can anonymously report a Fair Labor Standards Act violation to the Department of Labor, they prefer to have the employee’s active participation. Enjoying the remedies under the Fair Labor Standards Act in Florida requires the Department of Labor to investigate an employer based on information provided by an employee. Once a case moves to actual litigation,…Read More
Can An Employer Require An Employee To Work More Than 40 Hours In A Week And Not Pay Overtime? Understanding regulations pertaining to the amount of work is critical to successfully managing claims under the Fair Labor Standards Act in Florida. Only employees who work more than 40 hours a week without being paid overtime are exempt from the Fair Labor Standards Act. All employees who are covered by the Fair Labor Standards Act must be paid time and a half for overtime work over 40 hours per week. What Protections Does The Fair Labor Standards Act Provide Employees Regarding Workplace Safety And Health? The Fair Labor Standards Act provides employees with protection from retaliation by employers who treat them poorly simply for exercising their rights under the Fair Labor Standards Act. Are There Any…Read More
What Is The Purpose Of The Fair Labor Standards Act In Florida? The purpose of the Fair Labor Standards Act in Florida is to ensure employers do not take advantage of employees – especially hourly employees – and compensate them fully and fairly for their actual time worked. Who Is Covered By The Fair Labor Standards Act? The Fair Labor Standard Act covers those not deemed exempt from the act. As an example, most hourly employees are covered by the Fair Labor Standards Act. Employees need to be directly involved in interstate commerce or work for an enterprise than involves goods used in commerce in a business grossing $500,000, or more. For practical purposes, most employers that gross $500,000 a year or more have enterprise coverage, which would provide Fair Labor Standards Act protection for…Read More
In Daytona Beach, Florida, the Fair Labor Standards Act (FLSA) protects the rights and well-being of workers. Although enacted nearly a century ago in 1938, it remains the framework for fundamental standards regarding minimum wage, overtime pay, child labor, and more. By exploring key provisions of the FLSA, including its enforcement mechanisms, minimum wage regulations, and child labor laws, you can gain valuable insight into the legal structure that ensures fair treatment for employees in Daytona Beach, Florida, and throughout the United States. In this article, we delve into the core provisions of the FLSA, shedding light on its enforcement, minimum wage regulations, and child labor laws. Our aim is to provide you with an understanding of the diverse areas that this law influences within society. The Department Of Labor’s Role In Enforcing The FLSA Overseeing the…Read More
