Recent Blog Posts
What is a Bona Fide Occupational Qualification?
Employees in South Florida should know that they are protected against various forms of employment discrimination under a range of federal laws, and under the Florida Civil Rights Act (FCRA). To be clear, both job applicants and employees who are covered by these laws cannot face discrimination on the basis of race, sex, religion,… Read More »
Can I Be Fired for Taking Maternity Leave?
Employees in Florida who become pregnant and take maternity leave should be able to expect that they can return to their jobs, in the same position and at the same rate of pay, if they qualified for FMLA leave or otherwise used sick or leave time available through the terms of their employment. However,… Read More »
Does Florida Have Paternity Leave?
Some states have parental leave laws that permit parents of a newborn, or of a newly placed foster child or adopted child, to take time away from work to care for and to bond with their new family member. Depending on the state, some of these laws provide for paid parental leave or family… Read More »
Can At-Will Employees File Wrongful Termination Claims?
Many employees in Palm Beach Gardens and throughout South Florida are at-will employees. What this means is that these employees do not have an employment contract with their employer that governs the terms of their employment. Rather, they can be fired at any time by their employer for almost any reason, and they can… Read More »
FMLA Leave and Airline Employees
The federal Family and Medical Leave Act (FMLA) provides a range of employees in South Florida with the ability to take up to 12 weeks of job-protected unpaid leave for various circumstances related to health and family. Eligibility for FMLA leave is based on two overarching prongs or factors: whether an employer is covered,… Read More »
What Counts as a Serious Health Condition for FMLA Leave?
When you are considering taking leave under the federal Family and Medical Leave Act (FMLA), it will be important to determine your eligibility for leave before making plans to be away from work. Generally speaking, in order to be eligible for FMLA leave, you must first work for a covered employer. Covered employers include… Read More »
What is a Covered Employer for Discrimination Claim Purposes?
Experiencing discrimination when applying for a job or while working for an employer can be devastating. Employment discrimination can prevent a job applicant from being hired, can result in an existing employee facing adverse actions by their employer that can have an effect on that employee’s pay and well-being, and it can also affect… Read More »
What is Genetic Information Discrimination?
Employees in South Florida have a wide range of protections against employment discrimination, especially those who work for employers with 15 or more employees (although there may be options for holding smaller employers accountable, too). The Florida Civil Rights Act (FCRA) prohibits various forms of discrimination under state law, while a range of federal… Read More »
New FLSA Salary Threshold Blocked by Court
As employees and employers alike in South Florida should know, the US Department of Labor (DOL) published a final rule in April 2024 that would raise the salary threshold for exempt employees. There are three elements, or parts of a test, that must be met for an employee to be considered “exempt,” which then… Read More »
Employment Discrimination and Immigration: What to Know
Florida has a broad population of immigrants, including people who have recently come to this country as well as residents born in the United States to immigrant parents or with immigrant grandparents. Yet anti-immigrant sentiments are rampant in Florida, as the ACLU underscores, despite the fact that nearly 20 percent of the state’s population… Read More »