Recent Blog Posts
Can I Quit My Job and Still File a Discrimination Claim?
Sometimes bullying or harassment can become so bad at a place of employment that it feels unbearable. Whether you have initiated any kind of action in response to a hostile workplace or another form of harassment, or you have yet to bring the issue forward, you may be thinking about resigning from your job… Read More »
Can an Employee Only Be Exempt from Overtime Pay but Not Minimum Wage Law Requirements?
Are there circumstances in which an employee can be exempt from the federal Fair Labor Standard Act (FLSA) requirement for overtime but not for minimum wage? Under the FLSA, non-exempt employees must be paid at least a minimum wage and must be paid overtime hours at a rate of 1.5 times their regular rate… Read More »
What Are Partial Exemptions from Overtime Pay?
Employees in South Florida who are denied overtime pay for hours worked beyond a 40-hour workweek are often told by their employers that they are ineligible for overtime pay because of their status. Generally speaking, employees must be classified as either exempt or non-exempt employees under the federal Fair Labor Standards Act (FLSA), meaning… Read More »
How Can I Find Out If I Am Misclassified for Overtime Wage Purposes?
Employee misclassification happens more often than you might think. In some situations, employees are misclassified as independent contractors by employers so that employers do not have to provide certain benefits or attend to legal obligations. At the same time, that type of misclassification can also happen by mistake. Similarly, employees who are non-exempt might… Read More »
Can a Potential Employer Ask About My Age?
If you apply for a job and get an interview, can a potential employer ask you about your age? Or, even if they do not ask you specifically about your age or your date of birth during the interview, can they ask questions about your high school or college graduation date, or other age… Read More »
What Rights Does an Employee Have to Pump Breast Milk in Their Florida Workplace?
If you recently gave birth and need to express breast milk, what are your rights at work? Until relatively recently, there were no substantial laws protecting nursing employees in the workplace. Now, however, with the passage of the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act of 2022, all employees have specific rights… Read More »
Can I Be Fired for Violating an Office Dress Code?
Does your workplace have a dress code that prevents you from dressing or grooming yourself in a way that is required for your religion, or does it discriminate against you on the basis of race because of your hairstyle? Generally speaking, as we will explain below, employers can have neutral dress codes that govern… Read More »
Can My Employer Fire Me Because I Provided Evidence in a Workplace Discrimination Case?
Are you concerned about participating in an employment discrimination investigation launched by one of your co-workers? Or were you recently met with adverse treatment by your employer, including termination, after you agreed to be a witness or to provide evidence for such an investigation? Employers are only able to get away with violating employee… Read More »
Can I Choose Between the EEOC and the Florida Commission on Human Rights for Making a Discrimination Claim?
If you have experienced possible employment discrimination as a job applicant or an employee, you may have started looking into your options for filing a claim. Whether you have done some initial searching on the internet or you have spoken with friends and colleagues, you may have learned that initial claims can be filed… Read More »
What is Pretextual Restructuring in Employment Discrimination Cases?
Were you recently laid off from your job because your employer made a decision to restructure or undergo a reduction in force (RIF)? While there are many legitimate business reasons for a company to decide to restructure or to eliminate certain positions — such as financial issues, bankruptcy, or plans for a merger or… Read More »