Employment lawyers handle cases that involve wages, discrimination, work safety and termination. They will handle dealing with the obligations, rights, and responsibilities of an employee-employer relationship. Employment lawyers will represent an individual employee or employees as a whole. An employment lawyer will handle employment legal issues and will help you reach a favorable outcome. If you realized that your paycheck is shorter than you expected, then you would want to look into it and see if there is a possible area that was made. You can contact your employer about this and see if there was a possible error and if they can fix it. If they don’t fix it then the next step would be to notify them that you will be taking action and hire an employment lawyer to help you. There are also certain laws that you should be aware of when you begin working for a job. When you go through the hiring process, they require you to fill out and sign contracts stating you understand your rights for certain laws. It is best to keep a copy of those documents to refer to in the future in case you have speculation your rights are being violated.
Your lawyer will look over your contract and make sure it is fair for you. They will see if there is any room for negotiating or any alterations that need to be made. If you believe you are facing discrimination at your job, then your lawyer will assist you in filing an Equal Employment Opportunity Commission (EEOC) complaint. You will have 180 days to fill this complaint out, after 180 days you will not be able to sue your job for discrimination.
What you should know about labor and employment law in Seminole county?
Florida is a right to work state, this means that no person is required to join or pay dues to join a labor union. A job is not allowed to require a union membership for employment. Along with that, they can not make it a requirement for you to be a part of a union before you are hired by the business. Florida is also an At-Will state meaning you may be fired for no reason but it cannot be for illegal reasons. There are also federal labor laws to ensure that employees have a safe work environment.
What is The Fair Labor Standards Act?
The Fair Labor Standards Act is a law for a business to have set rules and regulations to make sure their employees are well taken care of and compensated for their work. These rules can range from minimum wage to overtime requirements. According to the act, there is no set maximum amount of hours for anyone working at the age of 16 or above. Once an employee hits 40 hours they will go into overtime and will get paid at a rate no less than time and a half. Currently, the federal minimum is $7.25 an hour and $2.23 for tipped workers. By law, employees need to be paid at this rate or higher, never lower. Depending on the state, the cost of living may vary and result in significantly higher minimum wage rates. The FLSA also protects against child labor which means that anyone under the age of 16 cannot work. Some companies may have an exemption to that rule but in general no one under 16 is allowed to be actively working. A company can receive large fines for having underage workers.
Frequently Asked Questions
How does employment discrimination occur?
Employment discrimination occurs when someone receives negative treatment or backlash due to their race, gender, religion, nationality, sexual orientation, disability or age. This can be done through different staff positions, wages, lack of promotion, or termination.
Who is protected by The Fair Labor Standards Act?
The Fair Labor Standards Act is a law that sets the policies for minimum wage, record-keeping, overtime, and child labor. FLSA covers employers whose annual sales make $500,000 or more, or they are active in interstate commerce. This means almost every business would fall under this act because interstate commerce is a broad definition.
What are violations of the Fair Labor Standards Act?
The Fair Labor Standards Act is a law set in place to make sure employees have a safe and reasonable work condition. There are set rules and regulations put into place with this act to make sure employees are taken care of and properly compensated. The penalty for violating overtime or minimum wage can result in a $1,000 fine per offense. For violating child labor laws it will result in a fine of up to $10,000 for each underage employee. Violations could lead to criminal prosecution and fines up to $10,000.
Do you need a lawyer for unpaid wages?
If you are working and not getting paid, then you should contact an attorney. Provide proof of your work, for example, your set schedule. They can help you calculate how much you should have gotten paid compared to what you were actually getting paid. Before you do anything, by law, you have to send your employer a written notice that you will be taking action for your unpaid wages. They will have 15 days to reach a settlement or payout your claim. Your lawyer will be the main point of contact between you and your employer to ensure you get your compensation.
What are employment law issues you need to be aware of?
Florida is an At-Will state, meaning that your employer is allowed to terminate your employment at any time without any prior warning. Your employer also doesn’t have to provide reasoning as to why you were fired. Even though there is this law they are not allowed to fire you for an unlawful reason like discrimination. If you discovered you were fired because of discrimination then that is illegal and they can be sued for wrongful termination.
The are multiple laws in Florida that are meant to help employees and prevent them from suffering from discrimination or not getting paid for their work. The Fair Labor Standards Act tackles issues like child labor, overtime requirements, and minimum wage. Florida doesn’t tolerate discrimination but even though Florida is an at-will state doesn’t give an employer the right to fire an employee for discriminatory reasons. If the reasoning was due to discrimination then that is an illegal and wrongful termination. If you feel like your rights as an employee are being threatened then make sure you contact an employment lawyer as soon as possible.
At the Smith & Eulo Law Firm, we have criminal and civil defense lawyers to represent you in your case. Call us today for a free consultation at 407-930-8912 or email at firstname.lastname@example.org. We strive to always be available for you.