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Disputes Between Employees & Employers: The Basics
Common Types Of Employer-Employee Disputes
Wrongful discrimination is generally when an employee is mistreated by their employer based on specific personal characteristics such as race, gender, national origin, or sexual orientation. This is perhaps the most common type of dispute in the workplace. Fortunately, both state and federal laws provide protections against such discrimination.
One common example of wrongful discrimination is when an employee is fired because of their membership in one of these protected groups. However, it can also occur when an employee is demoted, denied a promotion, or not allowed to work because of their protected status.
At-Will Employment In Florida
In Florida, at will employment means both employers and employees are free to terminate the employment relationship without any particular reason.
If there is no employment contract in place, employees can leave their job at any time without any legal consequences. However, certain situations may exist where a non-compete agreement is in place. If this is the case, it would be essential to determine whether this agreement is valid and appropriate.
Employers can also terminate employees on an at-will basis, but they must do so in compliance with relevant laws and regulations. One such law is Title VII of the Civil Rights Act, which prohibits employment discrimination based on race, gender, sexual orientation, and national origin. Even in at will situations, employers must be aware that there are legal protections in place for employees and act accordingly, especially when making decisions regarding terminating employment.
Federal State Protections For Employees
Both Florida state law and U.S. federal law provide protections for employees.
Our firm is based in Florida and primarily pursues cases under Florida law, but Florida’s protections are essentially the same as those provided under federal law in most areas of the law. This is because the Constitution of the United States allows states to offer additional protections to their residents, but not less than what is provided under federal law.
Fair Labor Standard Act And Employee Protection
The Fair Labor Standards Act is a federal law that protects employees’ wages. The Act recognizes that employees require protection in two areas. Firstly, they need a minimum wage, and secondly, they must be compensated for overtime work. Overtime is any time worked in a week that exceeds 40 hours.
Under the Fair Labor Standards Act, Congress has established a minimum wage that every employee is entitled to, except for exempt employees specified under the law. In addition, the law generally provides that every employee must receive at least the minimum wage for every hour worked, and nonexempt employees must receive one and a half times their regular pay rate for all overtime hours.
This law is essential for protecting employees’ wages. As a result, many claims come under this law in both the minimum wage and overtime contexts.
For more information on Disputes Between Employees & Employers, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 678-5155 today.