All kinds of things can happen to employees in the workplace. It’s just part of the deal. But everything is under control. Employees in the sunshine state are thankfully protected by Florida labor laws such as the Fair Labor Standards Act (FLSA) and the Occupational Safety and Health Act (OSHA). The wrong type of scenario at work is generally characterized by retaliation, wrongful termination and discrimination. Florida labor laws were made to help you with these types of situations. As uncomfortable as it may feel talking about it, hiring an employment law attorney is often the most promising solution to claim your rights.
Let’s start with the FL Minimum Wage. The minimum wage in the state of Florida is $8.05 an hour and it applies to every single employee in the state. Some industries may pay less because they make allowances for tips. Some food service workers, for instance, may earn $5.00 an hour in order to make room for the tips. Managers can’t share in these tips.
We move onto Florida at Will Employment. Florida is an at-will employment state. This means, your boss can terminate you for any reason. Employees covered by a union or contract are the only exception to this rule. Employees under a contract can only be terminated for the reasons specified in the contract. At-will employment can protect you from unlawful termination since it violates your legal protections. Some examples of unlawful terminations include harassment, discrimination, absence to serve on a jury, etc. An unlawful termination lawyer can help you with these types of cases.
We can’t forget Florida Right to Work, which means that an individual can’t be denied a job because he is a union member. There is also the Florida Donning and Doffing Violations. This refers to the time employees spend putting on or taking off uniforms and safety gear. Employees should be paid for that time. Also, some employees at restaurant, for example, may be required to come in 15 min earlier to get things ready. Many of these workers are not paid. There have been lawsuits filed against Outback Steakhouse because they required employees to perform unpaid work prior to shifts, didn’t provide breaks, and didn’t pay mandatory meetings and training.
Lets’ proceed to the Fair Labor Standards Act (FLSA). This law is involved with employee wages and the amount of hours worked. Although under FLSA some employees are exempt from overtime pay, the criteria for this exemption is set by FLSA. There is also the Family Medical Leave Act. The FMLA Act requires that employees have 12 weeks of unpaid leave for reasons such as birth and care of newborn child, care for the employee's spouse or parent with a serious condition, and some other reasons. Employees should have worked for at least one year for the covered employer.
We conclude with the Occupational Safety and Health Act (OSHA). This law was made to ensure employees work in an environment free of hazards. Employees are also protected from discrimination of race religion, pregnancy or disability, and sexual harassment. If you feel your rights have been violated, seek help from experienced labor lawyers in Miami. Gallardo law Firm has been serving our community for quite a while now. A labor law attorney Miami from our firm can explain your options in more details.