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An Introduction To Our Labor & Employment Law Firm In Florida
In this article, you can discover…
- Information about a trusted firm in Florida.
- Which federal and state laws protect employees.
- How employment legislation safeguards individuals.
Attorney Travis Lampert of Levin Litigation has been a licensed practitioner in Florida for almost 10 years. Lampert focuses on employment litigation, initially pursuing violations of the Fair Labor Standards Act. He transitioned and developed his practice to include unlawful harassment and discrimination-based cases, such as violations of the Americans With Disabilities Act, Title VII of the Civil Rights Act, the Family Medical Leave Act, and Whistleblower statutes.
What Types Of Labor & Employment Cases Does Levin Litigation Handle?
Our firm tackles disputes between employees and employers regarding wages, compensation, and employee rights. In Florida, the law tends to favor employers as far as being able to fire employees because Florida is an at-will state.
This means that if someone employs you, they can terminate you at will. However, there are several federal and state statutes that protect you from an employer terminating you based on disability, race, gender, and more.
Levin Litigation takes on cases with violations of these statutes protecting employees, including but not limited to disputes over wages and unlawful discrimination or retaliation.
What Federal And State Laws Are In Place To Protect Employees?
Generally, protections for employees are enshrined in federal and state statutes. Both Congress, and Florida’s lawmakers have enacted several laws protecting employees’ interests. For example, the Fair Labor Standards Act or FLSA, and a similar statute under Florida law, the Florida Minimum Wage Act, which provide wage protections.
The FLSA protects employees’ rights to overtime compensation and the federal minimum wage. Most employees are entitled to overtime compensation if they worked more than 40 hours in a work week, but employers frequently misclassify employees as exempt or as independent contractors to avoid paying overtime. Florida has a higher minimum wage than the federal rate, thus, the Florida Minimum Wage Act protects Florida workers’ rights to the State’s higher minimum wage.
The Americans with Disabilities Act, or ADA, is important legislation which protects disabled individuals in employment. Title I of the ADA applies to employers with 15 or more employees.
Under Title I, it’s unlawful for an employer to discriminate against an employee because they have a disability or perceived disability. An employer may also have an obligation to grant an employee reasonable accommodations.
The ADA not only guarantees the employees’ right to accommodation but also provides protection when making those requests. For instance, an employer may be legally obligated to accommodate a need for a broader desk to fit a wheelchair.
Title VII of the Civil Rights Act is another federal law that deals with unlawful discrimination in the employment context, covering issues such as race, gender, national origin, religion, and pregnancy. The law essentially identifies classes of people that have protection as far as their employment relationship is concerned. The law indicates that they cannot be fired, disciplined, or made to suffer any adverse employment action that is based on their protected status.
In addition, the Family Medical Leave Act, or FMLA, is relevant to the employment context in the cases our firm pursues. The Family Medical Leave Act protects employees by ensuring that they can take a certain amount of unpaid leave from their jobs and come back to the position, the benefits, the time that they were working, seniority rights, and other guarantees provided they meet specific requirements. The legislation also protects if you have a medical emergency, whether it be yourself or a family member; you can have a period off from your work if you notify them and still come back to work.
The other category of cases our firm takes on is covered by many statutes, such as those involving whistleblower claims in which employees report the employer’s wrongful conduct. These various laws protect the employee’s conduct by establishing that the employer cannot retaliate against the employee and fire them because they have reported unlawful conduct to the police, participated in an investigation by giving a deposition, or similar actions.
With the guidance of a skilled attorney for Labor & Employment Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.