Relief under the Florida Civil Rights Act (FCRA), like its predecessor the Florida Human Relations Act, is modeled after federal law, specifically Title VII. Assuming the plaintiff is able to bring suit in court, the plaintiff may recover damages under § 760.11(5), Fla. Stat. 1. Back Pay And Benefits The FCRA has always been interpreted […]
Author: Ryan Barack
What is the Division of Administrative Hearings (DOAH)?
The Division of Administrative Hearings (DOAH) is a Florida state agency made up of Administrative Law Judges who hear cases in which substantial interests are determined by an agency and there is a disputed issue of material fact. Fla. Stat. 120.569(1). Whenever the state takes action that is adverse to a person, she can generally […]
Which Federal Employment Laws Apply to My Employer?
Different companies are subject to different federal employment laws based on their size. Below is an overview of the federal employment laws that affect companies with certain numbers of employees. There may be additional state laws that apply which are not discussed here. 1+ EMPLOYEES Although smaller companies are exempt from certain requirements, […]
New York Nanny Protection Law
A recent New York Times article on a proposed law in New York state to provide basic employment protection to domestic employees like nannies, raises a very interesting issue. In Florida, domestic employees have very little protection from abusive employers. While it is relatively well established that the minimum wage provisions of the Fair Labor […]
City of Lakeland Unfair to Labor by Not Giving Pay Raise
In Utility Workers Union of America v. City of Lakeland, the Second District Court of Appeal, on June 2, 2010, held that the City of Lakeland engaged in an unfair labor practice by altering the status quo pending collective bargaining.
For twenty years, the City has provided annual across-the-board wage adjustments to its employees. In June […]
Why do I have 21 days to consider this severance agreement and other common severance issue
When an employee receives a severance offer, they are often shocked to see in the agreement that the employer is telling them to consult a lawyer, that they have 21 days (or sometimes 45 days) to consider the agreement, and that they have seven days after they sign the agreement to change their mind.
Why do […]
Sam Seltzer’s Employees And Mass Layoffs
Recently Sam Seltzer’s Steakhouse had a massive layoff of all employees. In circumstances like this, the employees might have a claim under the WARN Act, which deals with mass layoffs.
WARN offers protection to workers, their families and communities by requiring employers to provide notice 60 days in advance of covered plant closings and […]
Second DCA Holds There Is A Conflict In Where Unemployment Appeals Should Be Filed
In Florida, if a party want to appeal the decision of the Unemployment Appeals Commission, there is a conflict over which District Court of Appeal the case should be filed in. Essentially, appeals from most districts are heard by the local district court of appeal, except for employees who live in the the Second DCA, […]
Women deserve equal pay and how to get it
The Equal Pay Act (EPA) requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal. All forms of pay are covered by this law, including salary, […]
What Records Is My Employer Required To Keep About Hours Worked
Every employer covered by the Fair Labor Standards Act (FLSA) must keep certain records for each covered, nonexempt worker. There is no required form for the records, but the records must include accurate information about the employee and data about the hours worked and the wages earned. The following is a listing of the basic […]