Gallup Auerbach Gallup Auerbach 2026-10-29T14:28:18Z https://www.gallup-law.com/feed/atom/ WordPress /wp-content/uploads/sites/1203903/2021/07/cropped-3578173_favicon-32x32.png On Behalf of Gallup Auerbach <![CDATA[When does retirement pressure suggest age discrimination?]]> https://www.gallup-law.com/?p=54205 2026-10-29T14:28:18Z 2026-10-27T04:01:42Z When retirement questions suggest bias A manager might ask about retirement to plan for a future opening. The context matters. If the manager says the front desk is too busy for someone of that employee's age, the comment raises doubts about whether the manager is judging work fairly. The Equal Employment Opportunity Commission (EEOC) explains that age-based bias includes less favorable treatment at work due to age. A single remark does not automatically prove discrimination. Repeated comments from a person who makes staffing decisions could help explain the reason for a later job decision.

When retirement pressure affects employment

Suppose the manager tells the employee to retire by the end of the year or lose the job. The worker has no plans to leave, and the hotel still needs to schedule its staff. If the hotel later fires that employee, the warning may help connect the dismissal to age. An employer retains the right to dismiss employees for lawful work reasons. To prove a federal age discrimination claim, the worker has to show that age made the difference in the firing. If the hotel cites poor performance, favorable reviews might cast doubt on that reason.

Keeping a fair record of events

Employees may want to note what managers said during retirement talks and when those talks occurred. Employers benefit from recording genuine staffing needs and work performance. Those records help both sides assess possible unfair treatment of older workers without assuming wrongdoing.]]> On Behalf of Gallup Auerbach <![CDATA[Can your employer change your schedule after a work injury claim]]> https://www.gallup-law.com/?p=54200 2026-10-26T16:48:11Z 2026-10-23T04:01:05Z When schedule changes may be allowed Even after an injury, many employers keep broad control over staffing and shift coverage. Florida is generally an at-will employment state, which means an employer may change hours for business reasons. The change still cannot violate the employer's obligations under workers' compensation law or applicable medical return-to-work restrictions. Work restrictions from a treating physician often determine what tasks and hours fit during recovery and set boundaries for light duty. Those restrictions determine which tasks and hours are medically appropriate when returning to work. Asking for the new schedule in writing can help confirm it matches those limits.

When a change may signal retaliation

A schedule change shortly after a workers' compensation claim may signal retaliation, particularly if it cuts your pay, shifts you to worse hours or fits a pattern targeting only injured workers. Florida law prohibits that retaliation, but proving it requires clear evidence connecting the filing to the change.

Steps to document and protect your claim

After a shift change, clear records can reduce confusion and create a factual baseline if a retaliation claim becomes necessary. Consider these practical steps:
  • Save old schedules, new schedules and any written explanation
  • Ask for the reason in writing, using calm and direct language
  • Share updated work restrictions with your supervisor and HR
  • Track lost hours, missed breaks and any change in job duties
These details may matter if the dispute later turns on motive and timing. A clear timeline can also help separate a lawful adjustment from conduct that may cross the line.

When to speak with an attorney about your schedule change

If your schedule changed shortly after filing a workers' compensation claim, that timing is worth examining. Florida law does prohibit retaliation against workers who pursue those claims, but whether the facts support a retaliation argument typically depends on documentation and a clear record of events. An attorney who handles workers' compensation matters can review what you have and advise whether further action makes sense.]]> On Behalf of Gallup Auerbach <![CDATA[What employees and employers must evaluate in Florida severance agreements]]> https://www.gallup-law.com/?p=54198 2026-10-26T16:47:30Z 2026-10-22T04:01:27Z Key provisions employees must review before signing Signing a severance agreement permanently waives legal rights. Before accepting any offer, employees should consider the following. The scope of the release of claims is central to any severance agreement. In exchange for financial compensation, the employee agrees to give up the right to sue over past workplace disputes. Employees should verify exactly which claims are being released. Importantly, per EEOC guidance on severance agreements, a severance agreement cannot prevent an employee from filing a charge with or participating in an investigation by the EEOC or the Florida Commission on Human Relations. For workers age 40 or older, the federal Older Workers Benefit Protection Act adds specific procedural requirements. Individual agreements must allow at least 21 days for review, or 45 days when the separation is part of a group layoff or reduction in force. The employee has a mandatory 7-day window after signing to revoke the agreement. The agreement must also advise the employee in writing to consult with an independent attorney before signing. Failing to follow these steps can invalidate the waiver of age discrimination claims entirely. Employees should also review any new or reinforced post-employment restrictions included in the agreement. Non-compete and non-solicitation clauses, non-disparagement provisions, and confidentiality terms can all limit future employment options or the ability to discuss the circumstances of the separation. Finally, severance payments can affect eligibility for Florida reemployment assistance. Severance pay may delay or disqualify an individual from receiving benefits for the weeks covered by the payout.

Key considerations for employers drafting separation agreements

For South Florida employers, an enforceable severance agreement requires valid legal consideration. The financial benefit offered must go beyond what the employee is already legally owed. Paying only wages already earned, such as final paychecks or earned commissions, does not constitute valid consideration for a release of claims. Boilerplate or standardized agreements also carry enforceability risks, particularly in group terminations. When laying off workers age 40 or older, employers must provide OWBPA disclosures listing the job titles and ages of all employees both selected and not selected within the relevant decisional unit. Missing these disclosures invalidates the waiver of age discrimination claims. Employers should also review whether the departing employee recently engaged in protected activity before presenting a severance offer. A recent workers' compensation claim, wage-and-hour complaint, or discrimination or harassment report can create retaliation exposure if the severance process is not handled carefully.

Getting legal guidance

Whether you are an employee reviewing a proposed offer or an employer drafting separation contracts, experienced legal counsel can help protect your interests under federal and Florida employment law. Contact an attorney about your situation.]]> by Gallup Auerbach <![CDATA[What happens when your employment contract expires?]]> https://www.gallup-law.com/?p=54194 2026-10-06T14:25:50Z 2026-10-05T04:01:34Z Check the contract’s end date and terms Start by checking the contract for its exact end date and any language about renewal or extending the agreement. A contract that sets a specific employment period differs from a typical at-will arrangement. Florida generally treats employment as at-will unless a contract or another exception changes that relationship. If your agreement sets a definite term, the contract can affect what happens when that period ends.

Continuing to work after the contract ends

If you keep working after the stated end date, consider these points:
  • Continuing to work does not automatically mean your employer renewed the original contract for another fixed term.
  • Your employer’s actions and the terms of your work arrangement may affect what rules apply to your ongoing employment.
  • An employer may continue accepting your work even after the contract’s stated end date.
  • If you and your employer disagree about the terms of your continued work, the circumstances may help determine what agreement applies.
Continuing to work after a contract ends can create uncertainty about your employment terms. Getting the arrangement clarified in writing can help you avoid confusion about your rights and responsibilities.

Clarify your current employment terms

Ask your employer to confirm your current employment terms in writing if you keep working after the contract ends. Check any changes to your pay, duties or schedule and save relevant emails or messages. If a dispute arises, an employment lawyer can review your contract and the circumstances to help determine what legal rights or claims may apply.

Know your employment rights

Having your contract end while you have been working can leave you unsure about your pay, duties and job security. You do not have to leave those questions unanswered. If the terms remain unclear or a disagreement arises, legal guidance can help you understand your rights and possible next steps.  ]]> On Behalf of Gallup Auerbach <![CDATA[3 rules for Florida non-compete agreements]]> https://www.gallup-law.com/?p=54189 2026-10-05T13:28:06Z 2026-09-30T13:27:43Z Written signatures validate restrictive covenants Florida law requires every non-compete contract to exist in writing. State courts cannot enforce a contract against you unless the document includes a proper signature:
  • A physical signature on a paper document
  • An electronic signature on a digital contract
Courts ignore verbal promises and unwritten work rules about post-employment restrictions. Both workers and employers must keep copies of signed contracts for their records.

Legitimate business interests must justify restrictions

A company cannot stop you from working just to avoid normal competition. Under Florida law, a business must prove that a non-compete contract protects real commercial value:
  • Trade secrets, client goodwill and private company data
  • Long-term relationships with specific customers, patients or clients
  • Extraordinary or specialized training given to the worker
If a business fails to prove one of these items in court, the restriction becomes void. Both workers and company owners should review what real value the contract protects.

Time and geographic limits must remain reasonable

Florida courts check the time limit and location boundaries of any job restriction. For standard employment contracts that do not involve trade secrets, state law sets clear rules:
  • Limits of six months or less are usually valid.
  • Limits over two years are usually invalid for work contracts.
Location limits must cover only the actual area where the company does business. Limits that cover too much territory or last too long can be changed or canceled by a judge.

Legal counsel can clarify agreement terms

Reading a non-compete agreement before you sign or enforce it helps protect your career and business interests. Speaking with an employment lawyer gives you clear answers about contract terms and helps you avoid costly court battles.  ]]> On Behalf of Gallup Auerbach <![CDATA[Who earns the commission when a sales rep leaves early?]]> https://www.gallup-law.com/?p=54192 2026-10-05T13:32:29Z 2026-09-30T04:01:51Z compensation for months of work. Determining who earned the payout often comes down to a long-standing legal principle called the procuring cause doctrine.

The key spark that led to the deal

At its core, the procuring cause doctrine asks one question: Who was the primary driving force behind the sale? If a sales professional sets off a continuous chain of events that leads directly to a signed contract, they are often considered the primary catalyst for that business. Leaving the company before the final signature does not automatically wipe away their claim to a sales bonus. Proving what sparked the deal depends on concrete evidence:
  • Bringing the client to the table: Did the rep open the door, make the cold outreach or land the key introduction?
  • Doing the heavy lifting: Was the rep actively shaping the deal, customizing pitch decks, running demos or fighting through tough price negotiations?
  • Keeping the momentum: Did the deal flow smoothly from those initial efforts to the final sign-off, or was there a total shutdown where someone else had to start from scratch?
Demonstrating these elements requires clear documentation, including email threads, pitch materials, call logs and written proposals.

The contract still rules the day

While the procuring cause doctrine covers every industry, it is not an automatic winning ticket. In Florida, the written contract takes precedence. If an employment contract or commission plan explicitly states that a rep must be actively employed on the exact day a payout clears, those written words generally control the outcome.. When agreements are silent, vague or unwritten, courts rely on the procuring cause doctrine to resolve the dispute.

How clear contracts prevent commission disputes

Unclear commission structures create financial risk for businesses and sales professionals alike. Employers may face unexpected legal claims and unpredictable financial forecasting, while sales professionals may risk losing out on hard-earned compensation. Defining commission vesting criteria in written agreements before work begins can prevent misunderstandings. Having seasoned legal counsel review sales incentive agreements or evaluate post-termination claims helps ensure both parties operate with clarity and confidence.]]> On Behalf of Gallup Auerbach <![CDATA[The Speak Out Act: How this federal law impacts NDAs in Florida]]> https://www.gallup-law.com/?p=54187 2026-10-05T13:32:50Z 2026-09-28T04:01:08Z What is the Speak Out Act? The Speak Out Act generally prohibits courts from enforcing pre-dispute NDAs and nondisparagement clauses to the extent that they restrict reporting or discussing alleged sexual assault or sexual harassment. It helps prevent employers from using these contracts to silence victims. By limiting these provisions, the Act aims to reduce workplace abuse that is often hidden by legal documents. It also gives survivors more freedom to talk about their experiences.

How it affects Florida employees

Florida is an at-will employment state, but the Speak Out Act sets a federal minimum protection that applies nationwide. It can override strict local rules on enforcing contracts in cases of sexual assault or harassment. Even if a Florida job contract says employees cannot slander the company, that clause is usually not enforceable when employers use it to stop them from talking about it. The Act helps protect workers who report misconduct or seek accountability for wrongdoing.

Why an NDA is not absolute

An employee’s signature is not a waiver of their human rights or their right to a safe workplace. Employment law is now on the side of transparency. Speaking out is both a moral and legally protected choice for workers in Florida and nationwide. Employees can feel more empowered to speak up and consult a lawyer without assuming that an agreement automatically silences them.

When an employee’s voice matters

Congress passed the Speak Out Act to help ensure that no worker must choose between their job and their safety. Employees who have experienced sexual harassment or assault should not let an old contract stop them. A Florida employment attorney can help review a worker’s agreement terms to help them find the best path forward.]]> On Behalf of Gallup Auerbach <![CDATA[Can a Florida employer cut hours because of pregnancy?]]> https://www.gallup-law.com/?p=54183 2026-09-14T14:49:22Z 2026-09-08T14:44:32Z Pregnancy may change how you do your job. You may need extra breaks, lighter duties, or a different work schedule. But if your employer cuts your hours after learning that you are pregnant, it may cause concern, especially if it reduces your income. Florida and federal laws protect workers from pregnancy discrimination. These laws can apply to pay, work hours, schedules, job duties, and other parts of employment. The Pregnancy Discrimination Act and the Pregnant Workers Fairness Act provide federal protections. Florida law also bans discrimination because of pregnancy.

When cutting hours may be discrimination

An employer does not automatically violate the law every time a pregnant employee works fewer hours. The reason for the schedule change matters. For example, cutting an employee from 40 hours to 25 hours shortly after learning about the pregnancy may raise concerns if the employer does not make similar changes for other workers. The same may apply when an employer reduces hours because of assumptions about a pregnant employee’s ability to work. Federal and State law specifically prohibit discrimination based on pregnancy in compensation, employment terms and working conditions.

When shorter hours may be an accommodation

A reduction in work hours may sometimes serve as a reasonable accommodation instead of discrimination. The PWFA may require covered employers to make reasonable changes for known pregnancy-related limitations unless the change would cause an undue hardship. Depending on the circumstances, an adjusted schedule may include working fewer hours or moving to part-time work. The key difference is who requested the change and why. Consider these examples:
  • An employee asks for shorter shifts because a pregnancy-related condition makes long shifts difficult.
  • An employer cuts hours without the employee requesting the change because management assumes pregnancy will limit her ability to work.
  • An employee requests another accommodation that would allow her to keep her regular schedule.
Looking at schedules, emails and statements from supervisors can help establish why the hours changed. Seeking legal assistance can also help you assess whether the circumstances may support a pregnancy discrimination or accommodation claim.

When the schedule change raises concerns

A reduction in hours does not always mean discrimination occurred. However, timing, comments from management and how the employer treats other employees can provide important context. If pregnancy leads to a sudden loss of work hours, the reason behind that decision may matter as much as the schedule change itself.]]> On Behalf of Gallup Auerbach <![CDATA[Is travel time paid for Florida workers?]]> https://www.gallup-law.com/?p=54182 2026-09-14T14:54:48Z 2026-08-30T14:51:18Z What about normal commute times? Generally, your employer is not required to pay for your commute from home to work. The Portal-to-Portal Act excludes this time from compensable work under the Fair Labor Standards Act (FLSA), whether you use your own vehicle or your employer's. If your employer requires certain tasks during that drive – such as picking up supplies – that time may be compensable.

Does travel between job sites count?

Traveling between several job sites during your workday often counts as paid time. If your duties require you to travel from one job site to another after your shift begins, the FLSA generally treats that time as compensable – meaning your employer typically must count it toward your total paid hours. If your job requires overnight travel away from home, the hours that fall within your normal workday are generally compensable, even on days you would not normally work – though the specific rules depend on your schedule and circumstances.

Common situations where travel time may be compensable

Travel time disputes often arise in common situations, including:
  • Travel during regular working hours
  • Travel between primary job sites
  • Overnight travel to out-of-town assignments
  • Emergency callbacks outside of normal hours
Whether on-call or callback situations qualify as compensable depends on the specific terms and conditions of your arrangement with your employer. Documenting how and when you travel during your workday can support a wage claim if your employer has not properly compensated you for that time.

What to do if you think you are owed travel time pay

Travel time rules under federal law can be difficult to apply without reviewing the specific details of your workday. If your employer is not counting certain travel as paid time, it may be worth examining whether those hours qualify as compensable under the FLSA. An employment attorney can review your schedule, identify whether a wage violation has occurred, and explain the options available to you.]]> On Behalf of Gallup Auerbach <![CDATA[How does overtime work when you have two pay rates?]]> https://www.gallup-law.com/?p=54181 2026-09-14T14:57:49Z 2026-08-24T14:56:24Z When one employee performs two jobs for the same employer, the pay rates may differ even though the workweek is the same. A restaurant worker, for example, might earn one rate while serving customers and another while handling inventory. If those hours push the employee past 40 in a workweek, overtime can be harder to calculate than simply multiplying one rate by 1.5.

Combining hours worked at different pay rates

For a nonexempt employee, meaning someone covered by overtime requirements, overtime generally depends on total hours worked for the same employer during one workweek. Hours from different duties do not usually stay in separate buckets. If someone works 25 hours at one rate and 20 at another, the employee has worked 45 hours for overtime purposes. Understanding the overtime rules can help both sides spot calculation issues before a pay dispute develops.

Calculating the weighted regular rate

Federal rules generally use a weighted average when an employee performs different kinds of work at different hourly rates. The calculation adds straight-time earnings from both rates, then divides that amount by total hours worked. Suppose an employee works 30 hours at $18 per hour and 15 hours at $24. Straight-time earnings total $900. Dividing $900 by 45 hours produces a regular rate of $20 per hour. 

Adding the overtime premium after 40 hours

Because the employee has already received straight-time pay for all 45 hours, the next step is adding the extra half-time premium for five overtime hours. Here, half of the $20 regular rate is $10. Five overtime hours would add $50, bringing total weekly pay to $950.

Including bonuses and other pay in the calculation

Two hourly rates may not be the only figures that matter. Certain nondiscretionary bonuses, commissions and shift differentials can also affect the regular rate. Other payments, including some discretionary bonuses, may be excluded. Federal guidance on bonus treatment under overtime rules shows why payroll calculations sometimes need to account for compensation beyond base hourly wages.

Using a different overtime method in limited situations

The weighted average is the general approach, but federal law allows another method in specific circumstances. An employee and employer may agree in advance to calculate overtime using at least 1.5 times the rate for the work performed during overtime hours. The employee and employer must satisfy several conditions, including genuinely paying the underlying rate for that type of work during nonovertime hours.

Reviewing payroll when the numbers raise questions

Different duties, changing rates and extra compensation can make a paycheck difficult to check. Employees can compare time records, pay rates and additional earnings with their pay stubs. Employers can review the same records for consistency. When the calculation does not line up, identifying which rate, hours or payments caused the difference can help clarify the issue before it grows into a larger wage dispute.]]>