Broward County Employment Law Blog

3 tips for avoiding claims of unpaid overtime

On behalf of Debra Auerbach of Gallup Auerbach 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 Debra Auerbach of Gallup Auerbach posted in blog 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.”

Educating your employees on sexual harassment

On behalf of Dana Gallup of Gallup Auerbach posted in Sexual Harassment on Tuesday, January 10, 2017.

Sexual harassment occurs in the workplace at a higher level than most people want to admit. An allegation of sexual harassment can have devastating consequences for your business and your profit margins. Employers need to be proactive in dealing with this problem.

Is your business paying overtime when it is required?

On behalf of Dana Gallup of Gallup Auerbach posted in Wage & Hour Laws on Wednesday, October 12, 2016.

Not all Florida employers pay overtime when they are required to by the Fair Labor Standards Act. This can lead to extraordinary costs for the business.

It pays for employers to understand when they are and are not required to pay overtime. The cost of consulting a lawyer can be far less than the cost of litigation.

Am I a victim of employment discrimination?

On behalf of Dana Gallup of Gallup Auerbach posted in Workplace Discrimination on Thursday, July 14, 2016.

Many people experience discrimination on a daily basis. It is always humiliating. When it occurs on the job, it is also a violation of Florida and federal law.

Not all actions you may regard as discriminatory constitute employment discrimination, however. It usually takes the help of an experienced employment law attorney to evaluate your case and advise you if you have a case and how to proceed.

What is wrongful termination?

On behalf of Dana Gallup of Gallup Auerbach posted in Wrongful Termination on Monday, May 9, 2016.

If you lost your job in a way that seems capricious, arbitrary or unfair, you may be wondering if you have a wrongful termination case. In reality, unless you work for a municipality, you are in a union, or you have an employment contract, your employment is more than likely "at will." This means your employer can fire you at any time and for any reason-or for no reason.

There are exceptions, however. Your employer cannot fire you for an illegal reason, such as discrimination based on your race, age, religion, pregnancy or other protected status.