There are very few individuals who can say that they have never had any employment law issues. This is true for both the employees and the employer. Employment Law is a specialized field of law that is very relevant in today’s society. There are a few common employment law issues that arise more often than others.
Discrimination in the Workplace
Discrimination in the workplace occurs more often than people think. Some instances of discrimination are minor and can go unnoticed, while others are more egregious and clear. Here in Florida, an employer cannot discriminate against an employee on due to their age, gender, race or physical condition. In other words, everyone must be given the same opportunity to work at jobs they are qualified for, despite differences.
The Americans with Disabilities Act (ADA) came into existence in 1990 and applies to employers who have 15 employees or more and requires the employer to provide reasonable accommodations to those employees who need them. Handicap bathrooms and safety ramps would be two of such accommodations.
Related – Employee Rights in the Workplace
Another common issue in Employment Law is wages and overtime pay. On January 1, 2018 the minimum wage in Florida increased from $8.10 per hour to $8.25. An employee must not be paid less than this amount… with some exceptions. Some individuals are paid the minimum wage. The minimum wage for a tipped worker, like a waiter or waitress, is only $5.23 per hour. Each year in Florida the minimum wage is calculated based on the Consumer Price Index. This year’s $0.15 increase is standard, though there are legislators pushing for a $10 an hour minimum.
Overtime pay, also known as time-and-a-half, occurs when a non-exempt employee works more than the standard 40-hour workweek. Federal law mandates they are paid 1.5 times their normal rate of pay. Exempt employees do not qualify for overtime pay. These exceptions include the executive exemption, administrative exemption, professional exemption, outside salesman exemption and computer employee exemption. Failure to pay overtime pay to an employee who works in one of these fields may not be an actionable violation. This, of course, should be assessed on a case-by-case basis.
Our Legal Brains Know Employment Law
Whether you are a victim of discrimination or if you have been treated unfairly at work, the attorneys of The Ticktin Law Group are ready to help you. Call (561) 232-2222 or complete our contact form if you have experienced any common employment law issues and wish to schedule a free preliminary consultation.