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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: I am a salaried employee in FL. Can my employer reduce my hours and deduct my wages, if I am able and willing to work?

Until June 3rd, I have consistently worked well over 40 hours per week. I have been reduced to 15 hours a week starting on 6/3/24. This is because of a reduction in workload. I will resume 40 hours again on 7/22/24. As an exempt employee who is ready, able and willing to work, is it legal to... View More

Linda Liang
Linda Liang
answered on Jun 17, 2024

If you have a salary, not a hourly wage based employment, you should have been received the same salary. Make sure you have an employment contract saying you are a salaried employee.

0 Answers | Asked in Employment Law for Florida on
Q: Expungement during job application- how to respond?

I had a misdemeanor expunged prior to my current employment. I checked “No” on the criminal background question on the application. If my employer finds out that I had an expungement, should I be Worried about losing my job?

1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Florida on
Q: Why won’t a lawyer represent me in legal matters?
Tim Akpinar
Tim Akpinar
answered on Jun 14, 2024

A Florida attorney could advise best, but your question remains open for a week. It could be difficult for attorneys here to offer meaningful input based on the limited description. In general, attorneys might not want to handle a case because they don't see a strong case, the legal fees might... View More

0 Answers | Asked in Employment Law for Florida on
Q: According to ERISA Law Is it a breach of fiduciary responsibility if an employer does not explain IRMAA?

As IRMAA effects retirement accounts?

0 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Is a drastic cut in scheduled working hours a form of retaliation?

I work in Rockledge, FL at a retail pharmacy.

I'm part-time.

My old boss use to schedule me an average of 27-32 hours a week.

My new boss has attempted to clock me out for every minute over ten I spend in the bathroom until I threatened to contact HR and spoke to the... View More

0 Answers | Asked in Employment Law for Florida on
Q: Im a salaried employee but I am currently on 23 days of work with no day off. No days off coming that I see. Legal?

Since Jan I have worked 10+hr days, most every weekend, worked over 2 wks in a row prior to this stint, no days off coming this week that I see. When does being on salary and working "extra" go past to abuse/taken advantage of/illegal?

0 Answers | Asked in Employment Law for Florida on
Q: Can my employer sue me for working out of state?

I know they can fire me, but can they sue me for damages? I work 100% remotely for a company headquartered in Florida. They ask that all employees live in Florida and are unwilling to approve any employees to move out of state. If I move anyway, is getting fired the worst that can happen or could... View More

2 Answers | Asked in Criminal Law and Employment Law for Florida on
Q: Is a third party constented search of my backpack within someone else's car at work by an employer legal in florida?
Rod Caruco
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answered on May 22, 2024

That depends on the circumstances of each individual case, but it can be. There are often more lenient rules when an employer, rather than the State, seeks to conduct a search. Some factors to your question include, but are not limited to: what type of employer, reason for the search, location of... View More

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1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: Can a food service deduct 30mins of pay if a break is not taken?

I work part time at an ice cream stand. Owners say 30 minutes breaks must be taken. If too busy to take a break they want us to deduct 30 minutes of pay. Can a food service owner mandate a break even if you would rather work and get paid that additional 30mins

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on May 20, 2024

Since you were not injured at work, your question falls outside of workers compensation law. I think an employment law attorney or one that handles Fair Labor Standards Act (FLSA) matters will be able to answer your question.

1 Answer | Asked in Employment Law for Florida on
Q: My employer had me lie about my age

I am 16 and they told me to put 18

John Michael Frick
John Michael Frick
answered on May 15, 2024

It is never a good idea to lie because your employer told you to. There are certain limitations on the employment of minors that do not apply to adults. Depending on the nature of the document or the situation, lying about your age could deprive you of these protections and could result in civil... View More

1 Answer | Asked in Contracts, Employment Law, Tax Law and Appeals / Appellate Law for Florida on
Q: My ex husband and I ran a live shrimp company from 1997 til we divorced in 2008 .

My question is we had filed our taxes jointly although he was listed as sole proprietor. Now I became disabled in Sept 2020 and because of him being listed as sole proprietor I did not get the tax credits for those 9 years . We had an accountant that did it that way and now I was told they needed... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm sorry to hear about your situation. It seems like you have a complex tax issue that needs to be addressed. Here are a few steps you might consider taking:

1. Consult a tax professional: Given the complexity of your situation, it's best to seek advice from a qualified tax...
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1 Answer | Asked in Employment Law for Florida on
Q: Will you please tell me if a document notarization expires in Florida if it was valid at the time of signature?

Will you please tell me if a document notarization expires in Florida if it was valid at the time of signature? It is my understanding that as long as the date on the seal was valid at the time of signature the notarization is good indefinitely. Is that correct? If so, will you please tell me... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 25, 2024

Florida Statute 117.01 through 107.08 generally concern notaries public. No statute suggests that a notarial certificate is not "good indefinitely"; that would be absurd because no deed, will, etc. would be good for more than a few years.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I sustained an injury at my previous job five years ago, and workers' compensation covered the foot surgery. I was out

I sustained an injury at my previous job five years ago, and workers' compensation covered the foot surgery. I was out of work for 10 months, but now, six months after separating from the company, I have a significant lump where the surgery was performed, and the pain has returned. Since I no... View More

Angelo "Tony" Marino Jr.
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answered on Apr 15, 2024

The answer depends on a lot of factors. There are too many to list here. There is a 2-year statute of limitations to file a workers' compensation claim. Therefore, it is important to determine if your claim is still viable after 5 years. You need to determine if your case is still open or... View More

1 Answer | Asked in Employment Law for Florida on
Q: I worked for a doctor who is quadriplegic. I worked a month for him as his Aide, and he refuse to pay me. What can I do?

I work 6 days out of the week sometime 7, I live in Fort Lauderdale, he used to live in Aventura and lives Miami about month now. I put over a thousand miles on my vehicle in a month time, to get him up, fed, pick his meds and do his shopping. He claims I abandoned him because I had a dental... View More

Linda Liang
Linda Liang
answered on Apr 15, 2024

You can either talk to him when he is calmer and get your pay, or you bring him to small claim court. The latter cost money.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Florida on
Q: My wife was accused of discrimination at work at Starbucks

Way they went at it I feel they violated her rights

James L. Arrasmith
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answered on Apr 15, 2024

I understand that this is a difficult and concerning situation for you and your wife. Discrimination accusations are serious matters that can have significant consequences for all parties involved. It's important to approach the situation calmly and gather as much information as possible. Here... View More

1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Is there a way for me to leave my job and stay in the country to take care of my baby?

I am on an L1A visa and my husband L2A since Nov 2022. We had a baby Nov 2023 and bought a house also. I’m not able to work full time and take care of my baby.

James L. Arrasmith
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answered on Apr 3, 2024

As an L1A visa holder, your status is tied to your employment with the company that sponsored your visa. If you leave your job, your L1A status will no longer be valid, and consequently, your husband's L2A status will also be affected. However, there are a few potential options you can... View More

1 Answer | Asked in Employment Law, Contracts, Adoption and Civil Rights for Florida on
Q: Back in 2002 did an employee from DCF have the authority or jurisdiction to preform the CPI aspect,in Polk,Fl.?

Does an employee of DCF or it's CBC entity have authority to do the performance of CPI investigations and the removing children without a warrant,to never allowing reunification.Acting as a fill in.In 2002

James L. Arrasmith
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answered on Mar 29, 2024

In 2002, employees of the Department of Children and Families (DCF) in Florida, including those in Polk County, were indeed involved in child protective investigations (CPI). These investigations are a critical part of the efforts to ensure the safety and well-being of children. The DCF, along with... View More

1 Answer | Asked in Employment Law, Health Care Law and Gov & Administrative Law for Florida on
Q: what happens if I am supervising someone whose Provisional Mental health license has just expired

I am a licensed Psychologist and have been supervising a person who held a provisional license. A condition of his employment with me was that he take his exam. Regardless of reminders and pressure from me, he did not take the exam until last week (this has gone on for two years now). He found out... View More

Shayla N. Waldon
Shayla N. Waldon
answered on Mar 27, 2024

I believe that the answer here is dependent on a number of factors, including the person's specific role, as well as how you may have defined the terms and conditions of employment in any offer provided to the person. These are things that a potential plaintiff can hang his/her hat on to... View More

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