Get free answers to your Employment Law legal questions from lawyers in your area.
If an off duty law enforcement officer takes action in an emergency situation (like a shooting at a church), outside of his or her jurisdiction, who is liable if the officer is injured? My department is possibly allowing the use of marked and unmarked vehicles to attend religious services while... View More 
answered on Jan 9, 2020
Workers comp insurance should cover on-the-job injuries. The insurance should be carried by whomever is hiring the officer for the particular job, unless his/her department's insurance happens to cover in that situation.
I live in Florida and my employer is based in San Francisco. It was specifically for mental health coverage. They stated it was a $20 copay, and now I am being told it is I pay everything until I hit my deductible and then 10% after that.
answered on Jan 8, 2020
Other than resign and seek employment elsewhere, there is nothing you can do to change this situation.
I am a physical therapist assistant working salary-based in a clinic. I am currently in my 90-day trial period. They gave me an amount they’d pay me biweekly. There were some deductions in my pay this week due to holidays not being covered in the 90-day period. There were 2 days that we left... View More
answered on Jan 4, 2020
Not being paid overtime for all time worked overtime is not the same as being paid for time not worked. Unless you have a written contract the employer can do anything they want to do.
I am filing suit pro se against former employer in federal Court for whistle-blower/retaliation, violation of Flsa, wrongful termination, promissory estoppel, and emotional distress (is that a complaint in itself, or damages awarded for other complaints?). There are applicable Florida statutes that... View More
answered on Dec 28, 2019
You could include your state-law issues if there is diversity of citizenship between you and the defendant and the amount you are claiming under the state-law issues meets the diversity limitations.
answered on Dec 26, 2019
Despite what most employees believe, Florida employers do not have to give employees any breaks--unless required by a Union agreement or some other written employment agreement. There are no Florida laws regarding breaks for employees. Nor are there any federal laws requiring breaks.
i was unaware this was illegal . i don't want to be fired . what can i do?
answered on Dec 24, 2019
It’s not illegal for you to work off the clock, but it is illegal for a company to not pay an employee for time worked off the clock. A company can discipline an employee for working off the clock, but must pay him/her for that time, including any overtime if it pushes the work time over 40 hours... View More
I am an employer that has a 14 year old employee. My Business is a pressure washing company, that also has the capabilities of roof cleaning. I have reviewed child labor laws and have learned he cannot work on roofs. Are there any other limitations to what he can or cannot do?
answered on Dec 22, 2019
Yes there are many things you cannot do. Contact an employment lawyer before doing anything.
at my current job, I was required to sign a protective covenant agreement that has a non-compete clause that is pretty broad, stating that I cannot engage in any business line that I've been working in over the last 24 months for a period of 12 months anywhere in the US as it's a national... View More
answered on Dec 22, 2019
IMO, you should wait until everything new going on is completed, put into place and up and running before worrying about what might happen if you go elsewhere someday.
answered on Dec 19, 2019
There is no law that prohibits employers from withholding pay to reimburse the employer for damage caused by the employee; however, if the result of such withholding that employee's rate of pay drops below the minimum wage the employer can get in big trouble.
answered on Dec 18, 2019
Misclassifying employees as 1099 independent contractors is a common tactic used by employers to avoid various expenses, including taxes, unemployment and workers's compensation costs and overtime compensation. Changing you to a W2 is not illegal, nor is reducing your pay. The real question is... View More
Is 25000 a year for the assistant position (7am-230pm) and she gets paid $20/hr for aftercare ( 230pm- 5pm). She works a 10 hour day 50hrs a week. She’s now being told there’s a new 2020 FL law saying she will get overtime. Should she have gotten overtime from the beginning of working there? Thanks
answered on Dec 11, 2019
The short answer is that she likely was entitled to overtime from the beginning of her employment, assuming her primary job duty did not involve teaching. The long answer requires an analysis of multiple compex issues under the FLSA. First, it is true that effective January 1, 2020, the salary... View More
Employer located in Florida. Employee in Florida
Employee is on employer sponsored medical insurance
Employer has paid both employee and employer portions of medical insurance premiums during FMLA leave
We are in open enrollment right now.
The questions that we have:... View More
answered on Dec 4, 2019
The purpose of this free legal advice forum is to provide a convenient place on the web for individuals who have simple legal questions to ask lawyers who volunteer their time to do so. If you are an employer and have a viable business IMO you should have a lawyer on board to answer these important... View More
I have a work vehicle that had to be taken into a mechanic because it wouldn't start. The mechanic told me he's warned the owner on countless times because the airbags are broken and won't deploy. The alignment is messed up, the vehicle is too heavy for the small tires that's on... View More
answered on Dec 4, 2019
You would have a case were you to be injured by the vehicle which your employer knows to be dangerous. But the workers' compensation remedies are limited and exclusive. I suggest you quit and get another job.
Pro se failed to respond, due to confusing and not calculating date correctly
I want to ask the court, plead to consider my response. Unintentional and not to
obey or ignore the order of the court. Is there a form, or procedure of how to go
ahead with this letter
answered on Dec 2, 2019
If you have been litigating you case without a lawyer then you should continue doing so; there is no specific form to use, so call it a motion to allow late response, and try to explain. ATTACH YOUR ACTUAL RESPONSE TO THE REPORT AN RECOMMENDATION>
My attorney sent a demand letter to my former employer informing him that I was owed unpaid wages and that I was terminated illegally in retaliation for whistleblowing when I complained to my supervisor about a $2000 discrepancy in my paycheck and said I would hire an attorney to recover my wages.... View More
answered on Nov 27, 2019
You can sue your former employer in the small claims court. Call the Clerk of Court in Largo and ask them to help you.
I understand that it would be sent to inform my employer that I am owed unpaid wages and request to be paid to correct the discrepancy, but what if the employer refuses to pay the money? What would be the next step? Thanks....
answered on Nov 26, 2019
Without spending my time looking at the controlling statutes I will just advise you that many statutes require that you send a demand letter BEFORE you will be able to sue for the money lost. So just do it.
I have been a Mortgage broker for 14 years.Unfortunately I need to do a BK 13 for an unrelated business. Can I lose my license?
answered on Nov 25, 2019
Probably not unless the 13 filing is occasioned by some wrongdoing or otherwise.
At our meeting at work our manager said "If I here anyone else discussing there benefits, salary or pay raises you will no longer be working here".
answered on Nov 21, 2019
Yes, in Florida your employer can fire you anytime for any reason or even for no reason.
I never received any paperwork for the stock but they listed it on their public financial records. I did not leave this position on friendly terms. How do I find out if I can access the stock still?
answered on Nov 21, 2019
Unless you have the original stock certificates--or some written contractual evidence of your ownership you are out of luck.
We have been told 1/1/2020 switch over to GOB but have heard rumors it could be 12/1
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