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Firehouse Sexual Harassment Policies Under Fire

A female firefighter at a New Smyrna Beach, Florida firehouse was told that there was “not enough money in the budget” for sensitivity training when she complained to the human resources department about the harassment she was experiencing on the job site. The harassment continued and escalated — leading to the firefighter’s eventual termination from […]

Payroll Violations: Stealing Tips, Deducting Pay and Ignoring Overtime

People who work in the service industry are often subject to the whims of patrons and supervisors. Weekly pay rates may be affected by minimum wage laws, hours scheduled, tips accumulated, overtime rate enforcement, punitive policies and other employment practices that affect income. Many workers cannot rely on a steady paycheck if their managers engage […]

Seven Signs of Age Discrimination at Work

The Florida Commission on Human Relations reports that the number of age discrimination cases in Florida is on the rise. The Equal Employment Opportunity Commission (EEOC) heard 24,600 cases in 2008 alone. Ageist policies usually have an unfair impact on older workers, and are prohibited by the Age Discrimination in Employment Act (ADEA). Seven symptoms […]

What’s in a Name: Employee Versus Independent Contractor

The misclassification of employees as independent contractors leads to high levels of employment fraud. Workers can be cheated out of wages, denied family and medical leave, and deprived of injury benefits offered to employees under the Workers’ Compensation Act — simply because of a job title. This is why courts in Florida do not rely […]

Pregnancy and Penalty: Gender Discrimination at Work

At a federal level, expectant parents are entitled to protection against unequal treatment, discrimination, harassment, retaliation, denial of benefits and lack of accommodation. Employees are entitled to protection from employers seeking to justify a layoff after learning of a pregnancy. Pregnant workers are legally entitled to: Equal treatment: The Civil Rights Act of 1964 and […]

How to Recognize Workplace Harassment

Workplace harassment can be either a single outrageous act or a series of less serious acts that create a hostile work environment. Isolated outrageous acts, such as sexual assault in the workplace or racially motivated threats, are usually easy to identify. They are clearly wrong and clearly actionable. In the context of a hostile work […]

Why You Can’t Sue Your Employer for a Workplace Injury

Years ago, throughout the United States, an injured employee’s sole recourse was to sue the employer in tort in much the same way a car accident victim sues an at-fault driver. The problem was, however, that an injured worker could only recover if the employer was at fault. Even then, the employer would often argue […]

Why You Can’t Sue Your Employer for a Workplace Injury

Years ago, throughout the United States, an injured employee’s sole recourse was to sue the employer in tort in much the same way a car accident victim sues an at-fault driver. The problem was, however, that an injured worker could only recover if the employer was at fault. Even then, the employer would often argue […]

The Administrative Process for Workplace Discrimination Claims

Before you can file a lawsuit for workplace discrimination, there is an administrative process you must follow. This is important to know because the applicable deadlines for filing these types of administrative complaints are far shorter than the typical time limits associated with lawsuits. Failing to follow these procedures and file a timely charge with […]

The Administrative Process for Workplace Discrimination Claims

Before you can file a lawsuit for workplace discrimination, there is an administrative process you must follow. This is important to know because the applicable deadlines for filing these types of administrative complaints are far shorter than the typical time limits associated with lawsuits. Failing to follow these procedures and file a timely charge with […]

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