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
This article examines workplace discrimination cases in Florida, helping you understand: How to identify cases of workplace discrimination. The legal protections you are entitled to against workplace discrimination, and while filing for it, in Florida. How to proceed if you have been, or are concerned about being, discriminated against in the workplace. How Can I Demonstrate That I Have Been The Subject Of Workplace Discrimination? In an ideal situation, you will have direct evidence of discrimination. Perhaps an employer or coworker specifically demonstrates their intent or relationship to a prohibited trait and act. For example, perhaps they have used a slur or a specific reference to an employee’s age in writing or during a recording. The other way you, as an employee, can potentially show discriminatory behavior is through differential treatment compared to an otherwise…Read More
The compensation amount for occupational diseases in the workplace is calculated as would a physiological trauma. A key factor is the extent that the occupational disease is substantially contributed to, or exacerbated by, some prior unrelated physiological condition. In this article, we will look at the following claim factors associated with occupational disease: Compensation Occurrence and severity Legal recourse in filing workers’ compensation claims There is the theoretical possibility that the employer can try and apportion the loss between the occupational cause only versus non-occupational causes. As a practical matter, it's rare that this happens with the current state of the law and experts trying to come up with a reasonable opinion about allocation can commonly be tricky. Though, many carriers simply elect to provide the entirety of the compensation so long as the employee…Read More
There are many different facets to occupational diseases in the workplace. In this article we will: Define what an occupational disease is Go over common concerns associated with occupational disease in the workplace Outline key considerations to keep in mind if you are pursuing workers’ compensation An occupational disease is a condition which an employee suffers, related to their work. This disease results from a particular hazard that is distinguishable from a usual run of occupations. Typically, employees in direct contact with these particular hazards have substantially higher incidence of occupational disease than employees otherwise engaged in more normal run of the mill occupations. Are There Specific Industries Or Occupations More Prone To Occupational Disease? Very commonly, there seem to be a disproportionate number of occupational diseases arising in manufacturing and construction work. Employees who…Read More
Hiring A Workers’ Compensation Attorney Deciding whether to engage an attorney right after an injury or waiting to assess the carrier’s response is a decision only you can make. If you’re not familiar with how the workers’ compensation system works, seeking legal guidance from the outset can provide a reassuring foundation, as your attorney can offer consistent guidance throughout the process. What’s more, there’s no obligation for you and your attorney to disclose their partnership unless a dispute arises that requires legal assistance. In Florida, you retain the right to enlist an attorney to provide ongoing guidance and serve as a watchful presence in the background, ensuring that the treatment and benefits provided align with legal mandates. While you can theoretically advocate for yourself if your claim is denied and the carrier is uncooperative, the…Read More
Calculating Benefits In Workers’ Compensation Claims A key component of calculating benefits in workers’ compensation claims in Florida is determining the average weekly wage. This figure serves as an anchor for assessing future benefits for injured employees. Naturally, the process for determining this figure is multifaceted and takes into account various scenarios. In its simplest form, say, if an employee has worked uninterrupted for a period of 13 weeks prior to the accident, the average weekly wage is determined by dividing the total earnings over those 13 weeks by the number of weeks worked. This calculation yields a weekly average that becomes the basis for calculating future benefits. Furthermore, if the employee received fringe benefits that are no longer available due to the injury, these too can contribute to the average weekly wage calculation. For employees who…Read More
Common Reasons For The Denial Of Workers’ Compensation Claims In Florida Among the most prevalent challenges that workers’ compensation claimants encounter in Florida are denials or disputes concerning the validity of their claims. Two key areas that often lead to these challenges lie in claim reporting and assessing the necessity of treatment. Issue #1: Claim Reporting In my experience, employers sometimes fall short when it comes to reporting accidents or injuries in a timely manner. They may wait to report incidents to their carriers in an attempt to minimize their premium costs, hoping that the situation will be resolved without a formal process. If there is any doubt regarding whether your employer has reported your claim, it becomes crucial for you to have a documented trail that clearly shows that you’ve done your part by…Read More
The Workers’ Compensation Claims Process In Florida Upon experiencing a workplace injury, the most crucial step for employees in the workers’ compensation claims process is to promptly and clearly notify their employer. The law sets different deadlines for notification depending on the nature of the injury. In any case, employees should aim to notify their employer within 30 days in cases of point-source trauma and within 90 days of discovering an occupational disease or cumulative trauma. (ie. Carpal tunnel syndrome (CTS), chemical exposure, etc.) For employees, the key advice is to inform your employer as soon as possible, and using methods like emails or text messages can make this process even better. In today’s digital age, these electronic messages create a clear record of your notification, which can strengthen the legitimacy of your case by showing when, where, and…Read More
