Employment Frequently Asked Questions

35 FAQs where found , 30 in this page

What issues cannot be approached in a professional complaint?

In the grievance procedure, issues on pensions of government employees, insurance, retirement, or any other matter wherein the authority to act lies not with the employer cannot be addressed. Learn More

How long has a person to file a complaint?

A complaint must be filed with the Office of the President in a period of fifteen days of the event of complaint, or the employee educated of the complaint case. If not filed within the time limits are set by law, the complaint could be dismissed. Learn More

What is the difference between a hearing and a conference?

A hearing is a registered method in which plaintiff is entitled to a fair hearing and present evidence. Management is represented by one member of the office of Attorney General. Established evidence rules do not apply, but both parties may present records and test and cross-examine witnesses. Learn More

Can employers retaliate on employees when they have a complaint?

Retaliation is specifically prohibited by the statute of complaints and any person participating in this activity will be subject to disciplinary action for insubordination. Learn More

Can complaints be consolidated?

Individual complaints regarding the same issue can be make firm at the request of the parties, or by the hearing officer. Learn More

What is the typical grievance process?

This process begins with the worker presenting a problem to the supervisor after the offense happened. The supervisor will then have some time to either reply or send the grievance to higher authorities. By this time, a union rep will intercede on behalf of the employee and start negotiations. If the issue is no resolved then the grievance will be sent to even higher authorities. The company will be obligated to resolve the grievance when management fails to do so. If the situation hasnt been resolved yet, then the final step to take is for the parties to present it to the assigned arbitrator. The arbitrator generally makes the final decision and its based on the rights of parties under labor agreement. The grievance can also be presented to a mediator who may be able to assist the parties in solving their differences. Mediation generally takes less time and its less costly than arbitration. Learn More

How can a formal grievance procedure help in a Nonprofit?

Implementing a more formal grievance procedure can help disputes at wok to be handled in a timelier manner. A written grievance, for example, can help as long as it has some basic elements such as a requirement that it be used by employees in timely fashion, a statement about how to submit the complaints and to whom, show who will evaluate the complaints and make the final decision, and a statement condemning retaliation against employees involved in the complaint. Learn More

What are some questions to consider before meeting with the supervisor?

Learning the facts about everything that happened is crucial. Some questions you should think about and answer when investigating a grievance are: Who is involved in the grievance? What exactly was done or said? When and where did everything happen? Why it happened and whats the main cause it happened? Learn More

How do I find the appropriate employment attorney defense team?

There are many sources available to you such as the internet and referrals from friends and family along with organizations that can locate a lawyer that specializes in this field of law. Learn More

Can I handle employment cases on my own, without the help of an employment attorney?

Absolutely not. Employment law, unlike many other divisions of law, can be very complex and its constantly changing for the benefit of both the employer and the employee. Your employer may have a lawyer on standby waiting to defend any claims you set against the company you work for. We suggest that you do not take your chances on complex cases that can help you secure your job or receive workers compensation benefits. Gallardo Law Firm can guide you through the whole process. Our lawyers have years of experience representing workers just like you. Learn More

How long can I wait before I take action against my employer?

Generally, all legal claims have time limitations. This means that the longer you wait to file a claim against your employer , the more evidence or proof you will need in order to convince a judge of the incidents that have occurred. These evidences can become harder to find or use after certain amount of time. Learn More

How can I afford an employment defense team?

An employment attorney gets paid in two ways: a contingency fee or a statutory fee. It is very important that you discuss this with the lawyer you choose so that you can arrange a way to afford their fees. We suggest that you get this information from them and have it in writing that way you are sure of what is happening and what exactly needs to be paid. Gallardo Law Firm has competitive prices for these types of cases. Learn More

Can I choose any lawyer?

Because employment laws are so complex and hard to understand, we suggest that you seek an employment attorney who is familiar with employment law and who spends a great deal of time dealing with these specific cases. This is the best way to ensure a successful case or have more probability of winning your case. Learn More

How do I know if I am able to get compensated for overtime?

If you are not entitled to compensation for working overtime, your employer should not allow you to work overtime. It is against the law to have laborers working without being compensated for it. A lawyer from Gallardo Law Firm can explain how these types of cases work and the type of compensation you are entitled to receive. Learn More

My manager and I are always having disagreements and misunderstandings and I just got fired. Is this considered a wrongful termination?

If your employer has always given you a hard time and you were dismissed without a valid excuse or justifying reason, this can become a wrongful termination case. Learn More

Can I sue my employer for physically hurting me?

Absolutely. There is no reason why an employer, coworker or any individual in the workforce should put their hands on another individual or coworker. If this is your case, you should definitely see an attorney immediately. Learn More

My employer is not paying for my overtime. What should I do?

Eligible employees who work more than 40 hours in a week must be paid one and a half times more than their regular wage for each hour worked in excess of forty hours. For more information about whether or not you are eligible to receive overtime pay, you can consult an attorney who specializes in labor laws. If state and federal overtime laws apply, the employee is entitled to the protections that apply depending on their overtime rights. The Population Division of the Department of Labor enforces overtime laws; however, many states have their own laws regulating overtime or you may not be covered under federal law for another reason. If this is the case, you should contact your state agency that is responsible for violations of wage and hour standards. Learn More

What are the overtime laws in Florida?

According to the Federal Fair Labor Standards Act (FLSA), employees should be paid minimum wage during regular working hours and also should get overtime pay when the total weekly hours are over 40. The state of Florida follows the rules of the FLSA on overtime, which can be summarized as payment of time and a half of all hours worked over 40 hours in any regular work week. Overtime usually can be calculated by multiplying your regular pay rate by 1.5. Learn More

If I have a fixed salary, does that mean I am exempt from overtime?

It is a common myth of overtime law that salaried employees cannot earn overtime pay. In fact, whether an employee is paid by the hour or has a salary is unrelated to overtime. Having a salary only means that you get paid the same amount each payment period. The overtime eligibility is determined by the type of employment; basically whether you are an exempt or nonexempt employee. Learn More

What are the rules for overtime in Florida for exempt and non-exempt employees?

Your job title does not determine eligibility for overtime pay. On the contrary, wages, duties and occupations are what determine if you can earn overtime pay. In general, any employee who makes an annual salary of less than $ 23.600 can be granted overtime pay. Similarly, non-managerial employees who perform manual or repair work, secretarial, kitchen or office work are usually allowed to receive overtime payments. With some exceptions, all hourly employees should be entitled to overtime. Some exceptions include those who travel regularly and workers who are granted commissions. Salaried employees who earn less than $ 455 per week are granted overtime. Salaried employees who earn more than $ 455 per week of work can also receive overtime. This usually includes executive, professional, administrative or computer-related occupations. Learn More

If I never took a lunch break or any kind of break during the scheduled break, I can be paid for this time?

An employer may only deduct breaks exceeding 20 minutes and which are actually taken and not simply programmed. Learn More

Can independent contractors be compensated for overtime?

The label independent contractor should not interfere with whether or not you receive overtime pay. However, the relationship you have with your boss and the nature of your job functions do matter. A qualified and knowledgeable attorney in overtime law can advice you in this type of situation. Learn More

What is the minimum wage?

Since January 1st, 2014 the Florida minimum hourly wage is $ 7.93. For tipped employees, the minimum paid in cash wages is $ 4.91 an hour. Learn More

Can I be fired for filing a claim against my employer for wages or unpaid overtime?

The law is on your side under the FLSA and there are severe penalties for employers who retaliate against employees for unpaid wages claim. Learn More

What happens if my company does not have an overtime policy?

If your workplace does not have any guidelines established in relation to overtime pay, this could be an indication that your employer does not pay you and your colleagues fairly. This could be intentional or by mistake, depending on whether they are familiar with the law or not. If you feel you have not been paid correctly, you should contact an attorney to discuss your case and get the compensation you deserve for your time worked. Learn More

My employer has not given me a paycheck for the hours I have worked. What should I do?

The first thing you should do is keep track of your hours and any expenses that are a result of not receiving your check on time. The next step would be to speak to your employer to find out why this is happening. This way you can determine if this was just the result of a processing or banking error, or if it is the case that your employer has no intention of paying for the hours you worked. Many times employers and banks will cover any incidental expenses you had as a result of the delay. Each state has different employment laws that regulate wages and hours and which require the employers to pay you at regular intervals, usually weekly or biweekly. When an employer violates these laws they can be sanctioned and this could even result in criminal proceedings. In the case that you are not covered by federal employment law you should contact a lawyer who specializes in this type of law immediately. They will know how to proceed with your case and explain all your rights. The Federal law that states that you will be paid at least minimum wage for all hours worked is imposed by the United States Department of Labor. However, this law will not protect you when you receive at least the minimum wage for the hours you worked, even if you did not get paid as agreed. In case your state does not have any specific law on this kind of situation, your best option is to consult with an attorney who specializes in employment law. You may want to take action against your employer in a small claims court depending on the amount you are owed for your work. Learn More

My employer is not paying for my overtime. What should I do?

Eligible employees working over 40 hours per week should get 1.5 times their regular hourly rate for any extra hours. In order to determine if you are eligible for overtime pay you can meet with one of our attorneys specializing in employment law at Gallardo Law Firm. If state and federal employment laws that regulate overtime are enforced, you could be entitled to certain protections under the law. The Population Division of the Department of Labor is responsible for enforcing laws that regulate overtime pay. In addition, some states have their own overtime law. If for any reason you are not protected under federal law, then you need to contact the state agency responsible for wage and hour violations. Learn More

My employer has not given me a paycheck for the hours I have worked. What should I do?

The first thing you should do is keep track of your hours and any expenses that are a result of not receiving your check. The next step would be to speak to your employer to find out why this is happening. This way you can determine if this was just the result of a processing or banking error, or if it is the case that your employer has no intention of paying for the hours you worked. Many times employers and banks will cover any incidental expenses you had as a result of the delay. Each state has different employment laws that regulate wages and hours and which require the employers to pay you at regular intervals, usually weekly or biweekly. When an employer violates these laws they can be sanctioned and this could even result in criminal proceedings. In the case that you are not covered by federal employment law you should contact a lawyer who specializes in this type of law immediately. They will know how to proceed with your case and explain all your rights. The Federal law that states that you will be paid at least minimum wage for all hours worked is imposed by the United States Department of Labor. However, this law will not protect you when you receive at least the minimum wage for the hours you worked, even if you did not get paid as agreed. In case your state does not have any specific law on this kind of situation, your best option is to consult with an attorney who specializes in employment law. You may want to take action against your employer in a small claims court depending on the amount you are owed for your work. Learn More

My employer does not pay me minimum wage. What should I do?

The federal minimum wage is $ 7.25 per hour. All remaining states have a minimum that is higher than the federal; Florida is one of these states. If you find yourself in this situation where your employer is not complying with the minimum wage, you should contact the agency in your state which handles wage and hour violations of labor rules or consult a lawyer who specializes in these types of cases to determine whether taking legal action is necessary. Learn More

I was missing $ 15.00 from the cash register; will my employer deduct this amount from my paycheck?

Depending on what type of work you do, the answer could be no. Federal law requires that if an employer is to deduct any missing cash from your wages, the discount must be such that it cannot make your salary fall below the minimum wage or in any way reduce compensation for your overtime hours. For example, in the case of an employee who is subject to the legal minimum wage of $ 7.25 an hour and is paid an hourly wage of $ 5.15, the employer cannot make any deductions from wages of the employee to replace the missing box register. However, if the employee earns more than minimum wage, so that deducting the missing amount does not affect the minimum wage, the employer is entitled to deduct the missing cash from your paycheck. Learn More