Florida Employment Lawyer

As an employer, you know employees’ contributions are a valuable part of the company’s success. As such, you want to hire innovative workers and create a positive working environment. However, disputes are sometimes inevitable, especially in the workplace. It is important to take actions to mitigate small disagreements and prevent them from turning into bigger problems down the line.

You can head off some employee problems before they occur with careful planning and help from an experienced attorney. To put a protocol in place or handle employee issues that have gotten out of hand, speak with a Florida employment lawyer at Sparks Law.

What Does an Employment Attorney Do?

A skilled employment lawyer can review a client’s procedures, including record-keeping that memorializes disciplinary actions and procedures for complaints. At Sparks Law, our Florida employment attorneys can help with the following services:

  • Creating a detailed plan for terminating employees that can help prevent wrongful discharge claims
  • Drafting comprehensive employment agreements addressing employee duties, responsibilities, benefits, grounds for termination, and severance arrangements
  • Drafting non-compete, non-solicitation, and confidentiality agreements
  • Discussing and drafting a suitable employee handbook to be distributed and signed by all employees
  • Assisting in setting up a repository for all necessary paperwork, an employee grievance procedure, a company-wide employee manual, and internal controls for inappropriate activity

Common Employee Complaints in Florida

When employer/employee relationships deteriorate, disgruntled employees may file actions for various complaints, such as minimum wage violations, overtime pay disputes, wrongful termination, sexual harassment, and discrimination. At Sparks Law, our local employment lawyers are tenacious defenders when a client is charged with workplace violations. We can represent an employer either in court or before a regulatory agency.

Minimum Wage Violations in Florida

The federal minimum wage under the Fair Labor Standards Act (FLSA) is $7.25 per hour. Florida’s minimum wage for non-tipped workers is $8.65 an hour, which will rise incrementally to $15 an hour by 2026, beginning with a September 2021 raise to $10 per hour. This does not mean Florida employers can choose to pay the lower federal wage, however. They must abide by Florida law.

Employers who do not comply with Florida’s minimum wage may find themselves in trouble with the Florida Department of Labor Wage and Hour Division. Fines, back pay, interest, and other penalties may apply. In some cases, federal regulators may become involved under the FLSA. Anyone in this position should contact a nearby employment lawyer to thoroughly investigate the complaints and mount a defense.

Discrimination

Discrimination in the workplace is illegal under Florida and federal laws. According to the Equal Employment Opportunity Commission (EEOC), employers with at least one employee must pay men and women the same wage for the same job. Businesses employing 15 to 19 people must not discriminate against employees because of their religion, race, color, gender identity, sexual orientation, national origin, or disabilities. In addition to the above prohibitions, employers with at least 20 employees cannot discriminate against people over age 40.

Discrimination occurs when a targeted group is treated as less than others. Sometimes, an employer or other employees create a toxic work environment to make an employee resign, which is also considered discrimination.

Sexual Harassment

Sexual harassment typically involves unwanted sexual advances, but it can also include workplace conduct that others consider offensive. If an employer does not address the grievance or allows the problem to go unchecked, a civil lawsuit or regulatory complaint may arise. If this happens, our Florida employment attorneys can step in to advise.

Speak with a Florida Employment Attorney

You may manage thousands of employees during your career, and hopefully most of those relationships are positive. However, if problems arise and you are sued or compelled to appear before a regulatory board, we are standing by to help.

An experienced Florida employment lawyer at Sparks Law can provide proactive services such as employment manuals, agreements, and grievance procedures. We can also defend you if an employment issue arises and lands you in civil court or before a state or federal regulatory agency. Call today for your initial consultation.