Employment and Labor Law covers a vast array of matters which affects the lives of almost all people. The primary areas of employment and labor law include economic and societal issues, such as fair pay and civil rights. MAZAHERI GADD represents employees in all such areas. If you have doubts that you are being treated fairly and pursuant to law please give our office a call to schedule an appointment.
-Wage & Hour
Wage and Hour issues affect practically all members of the workforce. Many people live paycheck to paycheck, and our firm considers the correct and timely payment of wages to be sacred. We have often seen employers untimely and incorrectly provide payment to their employees. Many times scrupulous employers refuse to pay all commissions or an employees’ last paycheck. Such reckless and cruel behavior often disturbs the lives of many working people and their families, as it is very difficult for many members of society to live without a paycheck. In Florida, both State and Federal laws govern the manner of pay, and under certain circumstances the labor laws of another state may be enforceable. Our firm will be happy to discuss any wage and hour issues that any workers may have, regardless of position or amount of pay in question.
The Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. § 201 et. seq., is the paramount federal statute which provides essential and basic humanitarian protections to the workforce of America. Under the Presidency of Franklin D. Roosevelt the FLSA was passed. Prior to 1938, industry was working children, daughters, sons, mothers and fathers for unconscionable amounts of hours for barely a living wage. FDR and the United States Congress witnessed this disparity in America and passed the Fair Labor Standards Act, which provided protections for children and required living wage (minimum wage) and a forty hour workweek for most employees. Although, this essential statute has been part of American society for almost seventy years many employers flout the mandates of the FLSA.
The majority of America’s workforce ought to receive premium pay for all hours worked over forty in a workweek. Employers may misclassify workers or give out “manager” related titles in order to escape paying overtime. If you are not highly compensated and if you do not have the ability to hire, fire or make significant business decisions you may be entitled to overtime. If you are an hourly employee and your employer requires you to work off-the-clock, e.g. taking work home with you without ensuring proper recording and payment of these hours, you may be entitled to premium pay under the FLSA.
Furthermore, we often see employers miscalculating an employees’ hourly rate hitherto their overtime rate. This often occurs when an employee is paid a base hourly rate with either predetermined commissions or bonuses. In certain circumstances, an employees earned commissions and/or non-discretionary bonuses ought to be calculated into their regular rate of pay for overtime calculations.
Florida’s constitution and statutes provide additional provisions for unpaid wages and minimum wages. Florida’s constitution guarantees a higher minimum wage than the current Federal minimum wage under the FLSA. Furthermore, the method for calculating minimum wages under Florida’s new law may, also, be more beneficial to the rights of Florida’s workforce. The state minimum wage law is rather young, so there are not many available cases on the law. MAZAHERI GADD argued successfully in Throw v. Republic Enterprises, Inc., 2006 U.S. Dist. LEXIS 46215 (M.D. of FL 2006), 11 WH 2d (BNA) 1711, that the State’s legislative attempt to add requirements to Florida’s Constitutional Minimum Wage Amendment was unconstitutional.
Often times an employer refuses to pay its former employees vacation pay or commissions. MAZAHERI GADD firmly believes that all employees are entitled to their vacation pay under Florida Statutes Chapter 448. Additionally, for unpaid commissions the Florida Statutes provide a number of protections to employees which are varied based upon the employees’ profession. If you have been denied any employment benefits such as vacation pay or commissions please feel free to contact MAZAHERI GADD for an appointment.
-Termination
We often meet with employees who have been terminated suddenly, without a justified reason, notice or warning. It is against the law for an employer to terminate an employee based upon that employees' protected class. While an employer does not necessarily have to provide a reason for termination, our experience has shown that termination can often occur due to: race, age, disability, ethnicity, religion, pregnancy, reporting of violations and work injuries.
Many Florida employers believe that Florida Employees do not have any rights in regards to employment. Therefore, scrupulous employers fire employees without cause because an employee got sick, hurt or pregnant. Additionally, on occasion a new manager may feel that an employees’ race, age, ethnicity, gender or religion are not to his or her liking so they terminate the employee with reckless abandonment. If you have been terminated for a reason that just does not make sense, ask yourself why were you really terminated. For instance ask yourself the following: (1) Have you experienced harassment on account of age, race, religion or national origin? (2) Have you been injured on the job? (3) Have you been in need of Family and Medical Leave (FMLA)? (4) Did you recently get pregnant? (5) Have you complained about your employer breaking a law, rule or regulation? If you believe that you may have been terminated for an improper reason feel free to contact MAZAHERI GADD to schedule an appointment.
-Civil Rights
Both Title VII and the Florida Civil Rights Act provide protections to the employees of this State. The aforementioned statutes along with the Equal Pay Act (EPA), Americans with Disabilities Act (ADA), Florida Equal Pay Act, military protection (USERRA) as well as other statutes, regulations, rules and administrative procedures promote equality in the workplace. If you believe that you have been harassed, suffered disparity in the workplace, or harassment please feel free to contact MAZAHERI GADD to schedule an appointment. Unfortunately, racism, gender disparity and religious bias continue to be prevalent in the workplace. It is unacceptable for an employer to pay an employee a lower amount than a similarly situated employee who is of a different race or gender. Furthermore, it is morally unacceptable and against the law to sexually harass employees. It is most important in all cases to act timely and seek employment and labor law counsel as many, if not all, causes of action have statutes of limitation. Contact our office to schedule an appointment to discuss your employment and labor law concerns. We encourage all workers to know their rights and demand equal and fair treatment in the workplace.
-ERISA and COBRA
Many larger employers provide insurance and pension benefits. Upon termination or the onset of a medical condition employees’ benefits may be jeopardized. It is most important to keep accurate records of benefits, such as a summary benefit plan from your employer or provider. If you are entitled to a benefit such as long term disability or stock options and have not received your benefits, please feel free to contact our office to schedule an appointment.
ERISA provides extensive regulations regarding employee benefits. For instance, we have assisted terminated employees that received stock or medical benefits and were wrongfully denied by their plan administer. Furthermore, a plan administer has a fiduciary duty to its beneficiaries. Employees who have ERISA benefits are usually a beneficiary and on occasion a plan administer/employer/insurance company may breach its fiduciary duty to a disabled or terminated employee. In 1985 President Ronald Regan signed into law COBRA, a statute which mandates all employers who have over 20 employees and provide health insurance to provide essential information to their covered employees and the employees’ covered family members. If you have lost your health insurance unknowingly, suddenly or without adequate information of your rights, please contact MAZAHERI GADD to schedule an appointment.
-Disciplinary Hearings
Larger or government employees often are granted administrative hearings as part of the employers’ procedural due process prior to discipline or termination. Many employees are not prepared to face such hearings without counsel. At MAZAHERI GADD we offer consultations and representations at disciplinary hearings. It has been our experience, that disciplinary hearings are very important and that it is usually in the best interest of an employee facing discipline to seek and retain employment law counsel.
-Unemployment Hearings
Florida Statutes Chapter 443 provides the statutes on unemployment hearings in the State of Florida. Many employees are wrongfully denied unemployment benefits because of their lack of knowledge. Chapter 443 is to be construed liberally and favorably towards the employee. However, many employers with reckless disregard challenge these benefits and a deserted employee faces the grim realty of no wages and insurance. If your employer challenges your award of unemployment compensation, please retain experienced counsel. W. John Gadd has represented a myriad of workers in unemployment hearings. The knowledge or lack of knowledge of Florida Evidence, case law and Chapter 443 may be the difference between receiving and losing unemployment compensation.
