Online Articles on Employment Law

Employment Law

Is the non-compete agreement I signed with my employer or prior employer valid?
Sometime non-compete agreements are called restrictive covenants or restraint of trade agreement. Regardless of what the agreement is called, when dealing with employees, such agreements typically attempt to: (1) prevent employees from soliciting an employer’s customers for a period of time once employment has ceased...


An Overtime and Minimum Wage Claim Survives a Party’s Death
While it may seem somewhat obscure and fatalistic, over the years the Employment Lawyers at LaBar & Adams, P.A. have been confronted with the issue of whether under Federal Law a deceased employee’s claim for unpaid overtime or minimum wage pursuant to the Fair Labor Standards Act (“FLSA”) survives to the employee’s estate.  This question has should be answered in the affirmative.


The Fair Labor Standards Act will Cover More Employees Commencing on December 1, 2016
LaBar & Adams, P.A. has been named as class counsel in a state wide collective action filed in the Federal Middle District of Florida representing a class of employees against their current/prior employer...


Employment Lawyers of LaBar & Adams have been named Class Counsel
LaBar & Adams, P.A. has been named as class counsel in a state wide collective action filed in the Federal Middle District of Florida representing a class of employees against their current/prior employer...


Defending the Rights of the Wrongfully Terminated
On June 5, 2015, the Employment Lawyers at LaBar & Adams, P.A. in Orlando filed a lawsuit on behalf of our client who was wrongfully terminated. The case concerns the deprivation of our client’s basic right to make a living in violation of the anti-retaliation provision of Florida Workers’ Compensation Law contained at section 440.205, Florida Statutes...


A Broad Geographical Scope Should Be Certified When Courts Grant Class Certification In Collective Actions Brought Pursuant To The Fair Labor Standards Act?
When confronted with a Class Certification Motion pursuant to the Fair Labor Standards (“FLSA”), many employers argue to the Court that the class of employees should be limited by geographical scope. Such arguments are not well founded and are contrary to the remedial purposes of the FLSA...


Am I Exempt from Overtime Pay and Minimum Wage Laws?
Let’s first start with what is an “exemption.”  Basically an exemption means that even though you are covered under Overtime Pay and Minimum Wage Laws, another rule or law make you “exempt” form such coverage.  Plainly stated, an exempt employee is not entitled to overtime pay or minimum wages...


Am I entitled to overtime even though I receive a salary?
The short answer to this questions is: the fact that you are paid a salary alone does not mean you are not entitled to overtime pay. The manner in which someone is paid, in and of itself, does not determine whether someone receives overtime pay...


Employees are Entitled to Prompt Payment of Overtime Pay and Minimum Wage
The Fair Labor Standards Act (“FLSA”) requires “prompt payment” of overtime pay and minimum wages.  Although the FLSA does not explicitly require that wages be paid on time, the courts have long interpreted the statute to include a prompt payment requirement...


Salespersons Can Be Entitled To Overtime Pay And Minimum Wage
Many employees believe that because they are engaged in “sales” that they are not entitled to overtime pay or minimum wage. The Orlando employment lawyers at LaBar & Adams, P.A. have discerned that the basis of this belief by employees is that they are paid on a “commission basis,” and therefore are not entitled to overtime pay or minimum wage...


Employees Terminated for Reporting Workplace Injuries
Over the last few years, the Employment Lawyers at LaBar & Adams, P.A. have received numerous calls from individuals that have been terminated for reporting a workplace injury. Typically, the employer’s basis for termination is the employee’s violation of a company policy that requires workplace injuries to be “immediately reported.”...


Who Can Be Responsible For an Employee's Unpaid Overtime Pay And Minimum Wage Pursuant To The FLSA?
“Employers” are liable for unpaid overtime and minimum wage pursuant to the Fair Labor Standards Act.  You may be saying to yourself- “that is obvious.” But who is an “employer?” Under the FLSA, the definition of an employer is the broadest definition ever included in a single federal act...


Victims of Discrimination or Retaliation in Violation of the Florida Civil Rights Act or the Federal Civil Rights Act are Entitled to Front Pay
Generally, the Federal Civil Rights Act protects a person from being discriminated or retaliated against by their employer because of his or her race, color, religion, sex, national origin, or having complained about or opposed such discrimination or retaliation...


The Law Protects Employees Who Complain About Not Receiving Their Overtime Pay Or Minimum Wage
Many Employees are worried they will be retaliated against for complaining to their employer about not receiving proper overtime pay or minimum wage. Employees should not fear because the law provides protection...


Are Independent Contractors Entitled to Overtime Pay and Minimum Wage?
True independent contractors are not entitled to overtime pay and minimum wages. This is because only employees are entitled to overtime pay and minimum wage. But, many independent contractors are misclassified and are really employees. The misclassification of employees as independent contractors has been found in increasing numbers over the last few years...


Protecting Employees’ Rights To Engage In Concerted Activity
The National Labor Relations Act (“NLRA”) mandates that employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining other mutual aid or protection...


When Is An Employer Strictly Liable For Sexual Harassment?
Pursuant to the Florida Minimum Wage Act, the Fair Labor Standard Act, and the Florida Constitution, practically all employees in Florida are entitled to minimum wage for each hour worked. Employers run afoul of the forgoing laws by making improper deductions from employees’ wages that result in the employees receiving less than minimum wage for each hour worked...


What Are Disallowable Deductions Under Minimum Wage Law?
Pursuant to the Florida Minimum Wage Act, the Fair Labor Standard Act, and the Florida Constitution, practically all employees in Florida are entitled to minimum wage for each hour worked. Employers run afoul of the forgoing laws by making improper deductions from employees’ wages that result in the employees receiving less than minimum wage for each hour worked...


Are Employees That Are Paid By Straight Commission Entitled To Overtime Pay And Minimum Wage?
Because someone is paid on a commission basis, in and of itself, does not mean they are not entitled to overtime pay or minimum wage. Rather, commission employees are often required to be paid overtime pay and minimum wage. The manner in which an employee is paid does not by itself exclude an employee from receiving overtime pay or minimum wage...


Interns Are Entitled to Overtime Pay and Minimum Wage When They Are Really Employees
True interns are not entitled to overtime pay and minimum wages. This is because only employees are entitled to overtime pay and minimum wage. But, many interns are misclassified and are really employees. The misclassification of employees as interns has been found in increasing numbers over the last few years. Interns in the “for-profit” private sector will most often be viewed as employees...


Are Employees Entitled to Overtime Pay And Minimum Wage When Their Pay Records And Time Records Do Not Accurately Reflect The Hours Actually Worked?
The short answer to this question is- Yes. The fact that an employer’s pay records and time records do not reflect the actual time worked by an employee does not bar the employee’s claim for unpaid overtime pay or minimum wage for those hours worked but not documented...


Are Salaried Employees Entitled To Overtime Pay And Minimum Wage?
The fact that someone is paid a salary, in and of itself, does not mean they are not entitled to overtime. Quite the contrary, salaried employees are often required to be paid overtime pay and minimum wage. How an employee is paid by itself does not exclude an employee from receiving overtime pay or minimum wage. Being paid by a salary affects the method of how the overtime pay is calculated...


What Should Be Included in an Employee’s Regular Rate of Pay When Calculating Overtime Wages Owed?
The regular rate of pay is the starting point in calculating an employee’s proper overtime rate of pay. No matter how an employee is paid- whether by the hour, by piece, on commission, or on a salary- the employee’s compensation must be converted to an equivalent hourly rate from which the overtime rate of pay can be calculated. This is because overtime pay is calculated by the hour at time-and-a-half the hourly rate...


Remedying Unfair Labor Conditions and Civil Rights Violations
The Employment and Civil Rights lawyers of LaBar & Adams, P.A. in Orlando have obtained judgments in the amount of $97,219.56 in Federal District Court last week in a lawsuit where the Defendants utilized their unequal bargaining power to deny our clients’ the living wage protected by the Fair Labor Standards Act...


Protecting Employee’s Civil Rights
The foundation of our civilization is based upon the major premise that “[f]or unto whosoever much is given, of him shall be much required.” See Luke 12:28 (KJV). With power comes responsibility. Unfortunately, employers and supervisors abuse their power. Sometimes supervisors abuse their power to obtain sex...


Halting Employers’ Improper Attempts at Subsidizing its Payroll with Employees’ Tips
Under the Fair Labor Standards Act (“FLSA”) and the Florida Minimum Wage Act (“FMWA”), an employer must pay its employee a minimum wage. That wage may include the employee's tips. That is, an employer may pay an employee a cash wage below the minimum wage (but above $2.13), so long as the employer supplements the difference with the employee's tips; this is known as an employer taking a “tip credit."...


Rectifying Substandard Wages and Oppressive Working Hours
The Fair Labor Standard Act (“FLSA”) was enacted to protect workers from substandard wages and oppressive working hours. It was enacted to remedy labor conditions that are detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and the general well-being of America’s work force...


Quid Pro Quo Sexual Harassment by a Supervisor
The average employee would believe if he or she must submit to sexual abuse in order to receive a job benefit or keep from suffering a job detriment, that they were the victim of sexual harassment protected by the Federal and Florida Civil Rights Act. It would astonish the average employee to know that they may be right...


Constitutional Right to Trial by Jury Under Attack in Employment Cases by Employers
Over the last five years, the Employment Lawyers at LaBar & Adams, P.A. cannot file a case regarding discrimination, retaliation, hostile work environment, harassment, wage and hour, overtime, minimum wage, etc. without being confronted with an Employers' attempt at extinguishing our Client's constitutionally protected right of Trial by Jury. Employers should not be able to trample upon such Fundamental Rights...


Supervisor Status in Discrimination Cases - After Vance v. Ball State, 133 S.Ct. 2434 (2013)
Employers now must be asking themselves what it means to be a “supervisor” in a discrimination, harassment, or hostile work environment case after Vance v. Ball State, 133 S.Ct. 2434 (2013). Does Vance stand for the proposition that a “supervisor” in a discrimination, harassment, or hostile work environment case is only an employee that is empowered by the employer to hire, fire, and take other tangible employment actions against other employees? Unfortunately for employers in a discrimination, harassment, or hostile work environment case, Vance does not stand for such a proposition...

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