Broward County Employment Law Blog

South Florida employees are provided wage and overtime rights are under the federal Fair Labor Standards Act. This federal law requires employers to pay overtime, equal to the rate of one and one-half times regular hourly pay, to employees for each hour worked in excess of 40 hours.

However, there are some employees who are exempt from overtime pay. Generally, these are highly skilled workers, such as doctors and lawyers. However, sometimes employers misclassify their employees as exempt, and now the computer industry is backing legislation that would to revise U.S. labor laws to limit overtime rights for more professionals.

Broward County employees have the right to take a leave of absence from their jobs due to events such as childbirth or a serious health condition under the federal Family and Medical Leave Act. Oftentimes, both employers and employees in South Florida are confused about FMLA because Florida state law does not require private employers to provide leave to their employees.

However, Florida employees who qualify for FMLA--generally, those who have worked at least 12 months for an employer with 50 or more employees--may take up to may take up to 12 weeks of unpaid leave per year to deal with an eligible health condition, or that of an immediate family member. A federal appeals court recently ruled that an employer wrongfully fired a worker for missing work, due to misunderstanding his FMLA benefits.

The laws and regulations which govern employers are always evolving, and it is important for employees to be aware of their rights.

When people relocate, it is especially difficult to keep up on employment law. Everything that is legal in California, for example, is not always legal here in South Florida. From wages and overtime, to the proper way to take breaks, there are many legal issues in the workplace that are often overlooked.

Negotiating a severance agreement involves addressing several factors that go beyond the bottom line. The employee needs to protect his or her interests and career prospects during this process. Among the considerations to negotiate are the length of time it may take you to find comparable employment elsewhere; full or partial release from any non-compete agreements; and, any employment contracts you may have signed.

In Tampa, Florida, a former county administrator is currently suing Hillsborough County for the severance she was denied when she was fired in June 2010. The 66-year-old woman wants the county to pay her severance as written in her employment contract: one year's salary plus the value of benefits.