Broward County Employment Law Blog

Age discrimination often a barrier for older workers

On behalf of Gallup Auerbach on Thursday, June 27, 2019.

Finding gainful employment can be tough at any stage of life, but finding a good job once you reach a certain age can prove even more difficult. In fact, many older Americans believe their age plays a major role in their inability to find work, suggesting that age discrimination is a very real threat to older job seekers.

According to AARP, age discrimination has become such a prevalent problem across the United States that jobseekers 35 and over now cite their age as the single biggest obstacle preventing them from finding employment. While many people believe that their age stands in their way of getting a job, age discrimination can actually occur at just about anytime within the hiring, employment or firing processes.

What is a severance agreement?

On behalf of Gallup Auerbach on Saturday, March 30, 2019.

Perhaps you are being promoted at work and, in your new position, will be a member of senior management. You will be privy to confidential information the company does not want departing employees to share with outsiders. Is a severance agreement in your future?

About the severance agreement

Internal investigation highlighted in a discrimination case

On behalf of Gallup Auerbach on Wednesday, January 2, 2019.

In 2014, an age discrimination case resulted in a multimillion-dollar award for a former IBM executive.

At the heart of the matter was the internal investigation that IBM human resources personnel launched and that the judge in the case roundly criticized.

Am I a victim of disability discrimination?

On behalf of Dana Gallup of Gallup Auerbach posted in Employment Law -- Employee on Saturday, September 29, 2018.

If you have a long-term impairment that impacts your ability to perform certain tasks, you may face discrimination in the workplace. While there are laws in place to protect workers with disabilities, disability discrimination is still a problem. Being on the receiving end of discriminatory behavior or practices can drain you emotionally and financially.

As a disabled worker, it is important for you to understand the laws that protect you and what to do about illegal practices at your job. Here is a guide to help you determine whether you are a victim of discrimination because of your health condition.

3 tips for avoiding claims of unpaid overtime

On behalf of Dana Gallup of Gallup Auerbach posted in Employment Contracts on Saturday, June 30, 2018.

Your business may be violating overtime laws without you even knowing it. Inadvertent violations of state and federal laws are more common than you think. There are complex rules that govern how you must compensate your employees. These laws can be confusing even if you have been in business for decades.

If you fail to meet the overtime requirements of the Fair Labor Standards Act, you may face lawsuits from your employees. Thankfully, you can avoid claims of unpaid overtime by prioritizing compliance. Here are a few tips for protecting your workplace from overtime liabilities.

What is gender discrimination?

On behalf of Dana Gallup of Gallup Auerbach posted in None on Wednesday, April 4, 2018.

Gender discrimination in the workplace is, unfortunately, an ongoing issue. Despite the fact that strong laws exist to prevent the issue, you may fall victim to discriminatory practices at your job. According to the Pew Research Center, 42 percent of women say they face workplace discrimination. This is a disturbing number that shows the seriousness of this problem.

But what exactly constitutes gender discrimination? It often takes various forms, some more obvious than others. Here is a quick overview of what unfair treatment of women looks like in professional settings.

3 tips for protecting your business against discrimination claims

On behalf of Dana Gallup of Gallup Auerbach posted in blog on Thursday, January 4, 2018.

You probably already know you should prevent discrimination at your workplace–it is only common sense. Failure to curb a discriminatory environment from developing can result in costly legal claims, lower productivity and a higher employee turnover rate.

However, it may be confusing as to how you can do more to stop discrimination at your place of work. You may think that anti-discrimination laws such as the Civil Rights Act are enough. Unfortunately, this is not always the case. Here are some steps you can take to protect your company from discrimination lawsuits.

What is wrongful termination

On behalf of Dana Gallup of Gallup Auerbach posted in blog on Saturday, October 21, 2017.

Florida residents who lose their jobs often feel angry and upset. Many may wonder whether they have a legal claim against the employer who caused this emotional and financial upheaval.

Understanding the basics of Florida wrongful termination laws can help you figure out whether you can get legal recourse. Consulting an employment law attorney can provide further insight specific to your situation.

Are you a victim of age discrimination?

On behalf of Dana Gallup of Gallup Auerbach posted in blog on Thursday, July 6, 2017.

Generally, employers enjoy fairly wide latitude in making decisions about hiring, termination and workplace atmosphere. However, some actions may cross the legal line, especially when dealing with members of protected classes whom the law has deemed particularly vulnerable to discrimination.

Both Florida and federal laws prohibit age-based discrimination. The Age Discrimination in Employment Act is a federal law prohibiting employers from making decisions using age as the sole criterion. This protection applies to employees over the age of 40 who work for an employer with a minimum of 20 employees. The Florida statute has no age threshold, recognizing that employers may discriminate against an employee for being older or for being younger. The Florida law applies to companies with at least 15 employees.

What constitutes workplace retaliation?

On behalf of Dana Gallup of Gallup Auerbach posted in None on Tuesday, April 4, 2017.

As someone who lives and works in America, you are probably aware of certain laws that pertain to the workplace. For example, you may know that you have a right to a harassment and discrimination-free environment. You may not know, however, that you are also protected in your right to “blow the whistle” about these and other wrongdoings without having to fear being retaliated against by your employer.

According to the Equal Employment Opportunity Commission, workplace retaliation occurs if your employer, supervisor or someone else in your place of business treats you unjustly or otherwise penalizes you for exercising something that is considered a “protected right.”