Uncategorized

One of the worst areas of employment law abuse relates to overtime. Federal law requires that employers compensate their employees with extra pay if they are required to work above and beyond a 40-hour workweek. Federal overtime standards are clear and specific and if an employee fails to receive appropriate compensation in this regard, he or she can enforce the law in court.

Every overtime case is different, and some employees may not fall under the protection of overtime laws, so it is important to have a potential case reviewed by a competent and knowledgeable overtime law attorney to determine whether federal statutes apply to it. The state of Florida also has overtime laws, and therefore, Florida employers must adhere to both state and federal standards and employees may be able to assert their rights under one or both sets of laws.

In some cases, employees and employers also have additional agreements with one another regarding things like overtime pay for weekends, nights and holidays. Therefore, it is important to also review an employee’s employment agreement to determine whether those terms will also support his or her claims for remuneration relating to unpaid overtime income.

At the Law Offices of Gary A. Costales, PA, we have helped numerous Miami employees assert their legal rights under state and federal overtime laws. We have helped them get the money they were owed. In these types of cases, it is also possible to seek money to pay for attorneys’ fees, court costs and other costs associated with their legal matter. The bottom line is this: We know you work hard at your job and we will fight to ensure that you are fairly paid for your contribution.

In a 3-2 vote this month, the Brevard County School Board has passed a non-discrimination policy that will help gay, lesbian, bisexual and transgender teachers, staff, and students. The policy will prevent the employment discrimination of both school employees and students and it is made up of three primary components: an overhaul of anti-harassment rules, grievance procedures, and equal employment rules.

Supporters of the new policy were in the audience on one side of the venue during the vote wearing read. Meanwhile, opponents sat on the opposite side and held signs that said, “Vote No.” The audience cheered, clapped, and jeered different speakers.

One science teacher from Heritage High, who initially proposed the new LGBT policy back in 2014, said that he was happy about the outcome and he felt better being an openly gay employee of the school system. He said that he is excited that teachers will begin the next school year with the new policy. It gives them the ability to make different decision in the best interest of his students without the worry that he will lose his job. For example, he says that he will now be able to support a gay-straight alliance club at his school. Another individual commented that the policy was urgently needed to protect LGBT individuals from harassment and bullying.

The new policy measures will assist LGBT employees of the school system in asserting their legal rights in court if they are victimized by discrimination, bullying, or wrongful termination as a result of being LGBT. Indeed, not only are state and federal laws considered in such lawsuits, but school board policies and rules can also be used to support such claims in court.

Source: Florida Today, “Brevard School Board passes LGBT non-discrimination policy,” Ilana Kowarski, July 19, 2016

In our previous blog post, we discussed the basic overtime laws that govern hourly positions in the United States. Any employee who is working an hourly position should know how the overtime laws apply to them. We know that pressuring employers for pay isn’t something that most employees want to do, but in some cases, it is necessary.

As we discussed last week, employers can’t legally ask employees to give up their right to overtime pay. That doesn’t mean that employers will just hand overtime pay to employees who work more than 40 hours per workweek. Instead, some employees have to fight for the pay that is due to them.

We know that employees count on receiving their full paycheck when payday comes. Discrepancies from missing overtime payments can sometimes mean having to put off paying a bill. In some cases, missing overtime can have dire consequences for employees.

It is important for employees to keep track of when they work. That is the information can show that they have worked overtime hours. Checking a paycheck against the hours you worked is a good starting point to ensure that you are getting appropriate pay.

If you notice a discrepancy on your paycheck, you should take action immediately. When the discrepancy isn’t corrected, we can help you learn your options and help you take the steps so you can get the pay that you worked hard to receive. Don’t let the pay that you worked for fall by the wayside. Instead, stand up for your right to receive your pay.

The widely accepted workweek for most Americans is 40 hours per week. In some cases, such as people who are paid on a salary basis and some professionals, the expected workweek is often longer. In the case of employees who are paid hourly, 40 hours per workweek is an important milestone because after 40 hours are worked, the pay for the person increases.

How is my pay affected by working more than 40 hours per week?

When most employees work more than 40 hours in a workweek, they are entitled to overtime pay. Overtime pay is 1.5 times your current rate of pay. Generally, that pay must be included on the normal paycheck for the period in which the work was done.

Can my employer have me waive my right to overtime?

No, you can’t be required to waive your right to overtime pay. In fact, agreements between employers and employees to waive overtime pay aren’t legally valid.

Can I take action to recover overtime pay that wasn’t paid?

There is a 2-year statute of limitation on recovering overtime pay. If you can prove that the denial of overtime pay was willful and deliberate, the time limit is increased to 3 years. In order to try to recover denied overtime pay, you must file a complaint with the U.S. Department of Labor Wage and Hour Division.

It is important for you to take action quickly if you have been denied overtime pay. Make sure you understand your rights and how to seek out the pay that is due to you.

Source: AFL-CIO, “Denied Paid Overtime,” accessed June 25, 2015

Non-compete agreements are important tools for business owners because they help to ensure that people who leave their business won’t jump over to a competitor and share the things that make the business successful. Many people associate these agreements with high-level executives. Some people might find it shocking that some businesses uses non-compete agreements for almost every employee.

Last year, it came to light that sandwich makers at Jimmy John’s have non-compete agreements. This shows that even entry-level positions can sometimes be a good fit for a non-compete agreement.

The trouble with non-compete agreements comes into the picture when an employee and an employer don’t agree on the terms of the agreement. In some cases, employees might think that they shouldn’t have to comply with the contractual obligation. In that case, it is important for the employee to seek out legal answers about that obligation.

There are several points to consider when it comes to non-compete agreements. One of these is the length of the non-compete agreement. In some cases, the agreement might also cover investments, job restrictions and geographical restrictions. In all of those cases, scrutinizing the terms is vital to determine if they are enforceable.

We can help you to go over the non-compete agreement you have questions about. If you are thinking about taking another opportunity and want to know if you can do so without violating the agreement, let us help you figure that out. You don’t have to just assume that you must bypass opportunities because of a non-compete clause that you have with a current or former employer.

Religious freedoms and religious discrimination are two big issues for employers. It is vital for employers to ensure that employees and job applicants aren’t discriminated against because of their religious beliefs. A recent United States Supreme Court ruling shows employers and others just how far reaching the anti-discrimination laws are to be carried.

The case that went before the highest court in the country had to do with a Muslim job applicant. The Supreme Court ruled 8 to 1 that Abercrombie & Fitch might have violated anti-discrimination laws when the Muslim job applicant, who wore a hijab, was turned down for a job. The interesting point about this case is that the woman’s religious beliefs weren’t even discussed in her interview.

In 2008, the woman applied for a job with the clothing company. She was seeking a sales position at a children’s store. She had high marks in the interview, but ultimately was passed over for the job because the hijab she wore wasn’t compliant with the company’s look policy.

The clothing retailer claims that it couldn’t have known that an accommodation for the hijab was necessary because the then 17-year-old female didn’t request one. The Supreme Court justices didn’t buy that story. They noted that requesting an accommodation wasn’t the issue, but that passing her over because of the hijab was.

This ruling didn’t say that the company did discriminate against the applicant. Instead, it means she can pursue her case in court. The effect of the case, however, does give some guidance to Florida businesses, as well as other businesses around the country. It also shows applicants that religious discrimination during the application process isn’t acceptable.

Source: Huffington Post, “Supreme Court Rules Against Abercrombie & Fitch In Discrimination Case,” Dave Jamieson, June 02, 2015