Gallup Auerbach

What happens when your employment contract expires?

2026-10-06T14:25:50Z

Your employment contract may set an end date, but your work may continue after that date. If you keep reporting to work and your employer keeps accepting your services, you may wonder whether the old contract still applies and what terms govern your job. Knowing what can happen next can help you review your employment situation and protect your interests.

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.

3 rules for Florida non-compete agreements

2026-10-05T13:28:06Z

A non-compete agreement can create doubt when you change jobs or manage a local business. Florida law allows these contracts only when they follow clear state rules. You can understand your legal rights by reviewing three basic requirements: written signatures, valid business reasons and fair limits on time and location.

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.

Who earns the commission when a sales rep leaves early?

2026-10-05T13:32:29Z

Months of pitching, late-night proposal edits and building trusts with a key client finally pay off when a major contract gets signed. There is just one catch: the sales representative who laid the groundwork left the company prior to deal execution. Scenarios like this play out every day across commercial real estate, B2B sales, corporate hospitality and franchise development. The company may feel like it closed the deal using its brand and resources, while the former representative may feel entitled to 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.

The Speak Out Act: How this federal law impacts NDAs in Florida

2026-10-05T13:32:50Z

Many employees believe that the nondisclosure agreement (NDA) they signed on the first day of employment requires them to remain silent about workplace misconduct. For workers who later experience sexual harassment, unwanted advances or a hostile work environment, that signature can create significant anxiety: If they report the wrongdoing, will they face a lawsuit or lose their job? In 2022, Congress enacted the Speak Out Act, which altered the legal landscape. It reshaped how employee silence and employer protections work by adding new safeguards, not just adjusting old rules. This article explains what the law means for Florida workers and why signing an NDA may not fully restrict or dictate what an employee can disclose.

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.

Can a Florida employer cut hours because of pregnancy?

2026-09-14T14:49:22Z

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.

Is travel time paid for Florida workers?

2026-09-14T14:54:48Z

Not all work-related travel qualifies as paid time under federal law. If you work in Miami, for example, your daily drive to the job site in Fort Lauderdale is generally not compensable – but traveling between locations once your shift has started typically is. Knowing which type of travel applies to your situation can help you determine whether your employer owes you wages for time you have already worked.

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.

How does overtime work when you have two pay rates?

2026-09-14T14:57:49Z

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.

Can your job title affect your right to overtime pay?

2026-09-14T15:00:04Z

An impressive title can feel like recognition for long hours and added responsibility. That same label may become troubling when the paycheck does not reflect extra time spent working. If you work over 40 hours without extra pay, your classification might deserve closer review. Knowing which facts control can help you assess your classification and possible overtime rights.

Your title does not decide your pay rights

A job title alone does not remove your right to overtime. Under the federal Fair Labor Standards Act, your actual responsibilities and method of payment generally determine if an exemption applies. For example, your employer might call you an assistant manager, yet you may spend most shifts stocking shelves, serving customers and entering data. If your actual duties do not meet the executive exemption, the title itself typically cannot make you exempt.

What can determine overtime exemption?

The Fair Labor Standards Act generally requires nonexempt employees to receive time and a half after 40 hours in a workweek. Florida does not have a general overtime law, so these federal overtime standards usually govern overtime claims in the state. Most executive, administrative and professional exemptions have three common requirements. These include:

Salary level: You generally need to earn at least $684 per week, or $35,568 per year. That amount alone does not establish exempt status.
Salary basis: You typically receive a predetermined amount each pay period. Subject to limited exceptions, your employer generally cannot reduce that amount based on the quality or quantity of your work.
Job duties: Your primary responsibilities need to fit a recognized exemption. The U.S. Department of Labor confirms that titles alone do not control your classification.

Together, these requirements focus on your work rather than the label on your position.

Why a careful review can protect your wages

Your schedule, pay stubs and messages about assigned tasks can clarify the work you performed. Personal notes showing when each shift began and ended may also fill gaps if payroll entries appear incomplete. Small factual differences can change the analysis. An employment attorney may compare your records with federal standards and assess your potential claim for unpaid compensation.

Reasonable accommodations and exceptions to religious protections in the workplace

2026-08-05T13:42:09Z

According to Title VII of the Civil Rights Act of 1964, employers must reasonably accommodate employees' sincerely held religious beliefs, observances, and practices. Federal law provides broad workplace protections, but these rights are balanced against operational needs and the right of all employees to a respectful work environment.

Examples of reasonable religious accommodations

An accommodation is a modification to a workplace policy or job duty that enables an employee to practice their faith without imposing unreasonable hardship on the employer. According to EEOC guidance on religious discrimination, common examples include:

Dress code and grooming standards: granting exceptions to corporate dress codes, such as allowing religiously required head coverings like hijabs, turbans, or yarmulkes, religious garments, or uncut facial hair for religious reasons including Sikh or Rastafarian observance
Flexible scheduling: adjusting shifts, providing flexible arrival times, or allowing voluntary shift swaps to accommodate Sabbath observance, daily prayer breaks, or religious holidays
Task adjustments: permitting an employee to opt out of or swap specific job duties that directly conflict with their religious beliefs, provided another qualified worker can perform them

Employers are expected to engage in an interactive process with the employee to identify a workable solution.

The undue hardship exception

An employer is not required to grant an accommodation if doing so imposes an undue hardship on its business operations. Following the U.S. Supreme Court's ruling in Groff v. DeJoy (2023), demonstrating undue hardship requires the employer to show that the accommodation would cause "substantial increased costs in relation to the conduct of its particular business." Courts weigh factors including financial expenditure, company size, and practical operational impact.

When religious expression crosses the line

Religious freedom in the workplace is not unlimited. Religious speech or proselytizing loses protection when it becomes severe or pervasive enough to create a hostile work environment for coworkers. Employers may step in and restrict religious expression when an employee continues unwanted proselytizing after a coworker has asked that it stop, or when the conduct directly interferes with job performance, workplace safety, or customer service. Balancing these competing interests appropriately and avoiding both discrimination and a hostile work environment can be a difficult line to walk.

Getting guidance

Religious accommodation disputes involve both employee rights and employer obligations that are not always straightforward. If you are facing a workplace situation involving religious accommodation, an employment law attorney can help you understand your rights and your options under federal law.

Can older workers be targeted during restructuring?

2026-08-05T13:42:57Z

Layoffs and corporate restructuring can create uncertainty for employees of every age. However, many older workers wonder whether their age played a role when they were selected for termination. While employers may reorganize their workforce for legitimate business reasons, they cannot use restructuring as a cover for unlawful age discrimination.

Understanding your rights can help you recognize when a layoff may deserve closer scrutiny.

Can an employer legally lay off older workers?

Employers generally have the right to reduce their workforce because of financial challenges, changing business needs or organizational restructuring.

Yet, employment decisions cannot be based on protected characteristics such as age. Federal law protects many workers who are age 40 and older from discrimination in hiring, firing, promotions and other employment decisions.

Simply calling a termination a "restructuring" does not automatically make it lawful.

Signs that age may have influenced a layoff

Every situation is different, but certain circumstances may raise questions about whether discrimination occurred.

Examples include:

Older employees are terminated while younger employees with similar qualifications remain employed.
The employer replaces experienced workers with substantially younger employees.
Managers make repeated comments about retirement or needing "new energy."
Performance evaluations suddenly become negative despite a strong work history.

One factor alone may not prove discrimination, but several circumstances together may warrant further review.

What should you do if you suspect discrimination?

If you believe age influenced your termination, preserve any information that may help explain what happened.

This may include:

Performance evaluations
Emails or written communications
Employee handbooks
Severance agreements
Notes about conversations with supervisors

Keeping these records may help clarify whether your employer followed consistent employment practices.

Should you sign a severance agreement immediately?

Many employers offer severance packages during layoffs. Before signing, carefully review the agreement.

Some severance agreements include provisions that waive certain legal claims in exchange for compensation. Understanding the legal consequences before accepting an offer can help you make an informed decision.

Know your rights during a restructuring

Not every layoff involving an older employee violates the law, but employers cannot use restructuring as a pretext for age discrimination. If you believe your age influenced your termination in Hollywood or elsewhere in South Florida, an experienced employment law attorney can evaluate your circumstances, explain your legal rights and help you determine the most appropriate next steps.