Independent Contractor or Employee? (Part 4): The Florida Workers’ Compensation Perspective
This subject is covered in four parts. The first article provides an introduction and focuses on the classification for the purposes compliance with the Federal Labor Standards Act (FLSA) enforced by the U.S. Department of Labor (DOL). The second article focuses on...
FLSA “Enterprise” and “Individual” Coverage
The Fair Labor Standards Act (FLSA) is a federal law that sets minimum wage, overtime, recordkeeping, and youth employment (child labor) standards. It requires employers to comply with specific requirements for non-exempt covered employees.[1] The FLSA is enforced by...
Wage and Hour Claims
Florida follows standards that regulate child labor,[1] minimum wage, [2] overtime pay,[3] breaks, [4] and associated recordkeeping, among other wage-related areas. Florida law provides for the recovery of unpaid wages, including minimum wage. Florida also follows the...
Independent Contractor or Employee? (Part 3): The Florida Common Law Perspective
This subject is covered in four parts. The first article provides an introduction and focuses on the classification for the purposes compliance with the Federal Labor Standards Act (FLSA) enforced by the U.S. Department of Labor (DOL). The second article focuses on...
Independent Contractor or Employee? (Part 2): The IRS Perspective
This subject is covered in four parts. The first article provides an introduction and focuses on the classification for the purposes compliance with the Federal Labor Standards Act (FLSA) enforced by the U.S. Department of Labor (DOL). The second article focuses on...
Independent Contractor or Employee? (Part 1): The FLSA Perspective
This subject is covered in four parts. The first article provides an introduction and focuses on the classification for the purposes compliance with the Federal Labor Standards Act (FLSA) enforced by the U.S. Department of Labor (DOL). The second article focuses on...
Employee Non-Compete Agreements
To protect their business and goodwill, employers often require employees to sign non-compete agreements. While the motivation behind this type of contract may seem reasonable, the terms of a non-compete agreement can be overreaching and may infringe on the employee’s...
Nursing Mothers in the Workplace
The Break Time for Nursing Mothers law requires that employers with 50 or more employees provide nursing workers with breaks and a location to express milk at work. It also issues guidance on what it considers a reasonable place to do so, explicitly rejecting...
Discrimination on the Basis of Immigration or Citizenship Status
Treating a job applicant or employee unfavorably because of his or her immigration status is a form of unlawful discrimination. U.S. citizens, recent permanent residents, asylees, and refugees are protected from immigration status discrimination, also referred to as...
Data Privacy and Security in the Workplace
The balance between security and privacy has faced increased challenges over the last two decades, as information technology has become an integral part of the global environment. In the workplace, the competing interests between the employers’ and the employees’...