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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Im an international student didnt finished my internship contract due to pandemic

The hotel were im taking my internship closed due to pandemic and reopened after few months. I asked my agency here in the US if what can i do so i can continue my and finish my internship but they were asking me for another fee so i can continue it. Can i sue them for that? Its not my fault that i... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 21, 2020

Unlikely that any success will result, Covid is outside of the program's control. If the program is over, through impossibility of the sponsor, then the intern should leave the U.S. otherwise, it is likely that they will fall out of status as a result. This is likely what has happened, but... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: I work for a private doctor's office. The Dr. is requiring the staff to get tested for covid weekly on our own time.

Now they are requiring covid test results twice a week and we are not being compensated for the time we are taking to drive to test site, wait in line, take the covid test and wait for results. Is this legal?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 19, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world I have decided not even to try to give definitive answers to the scores of questions being posted by askers about the... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: If I quit my job of 10 years, in mortgages for a bank, am I entitled to the PTO time I have earned. It’s. A lot.

I have close to 7-8 weeks vacation - I have had several requests denied and have been “leaned on” that I can’t first two weeks of month or last week of month so that leaves ....not much.

I’ve had no raise in 4 years. And have been lied as to why. It’s just because they can.I’m... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 16, 2020

There are several "related" issues here, the most important of which appears to be your PTO; so let me answer that question and then leave you with two other responses I see might be applicable here.

1. PTO: Being allowed to take PTO when you want it and being entitled to...
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1 Answer | Asked in Employment Law for Florida on
Q: What are the rights of a 1099 independent contractor? Salon owner treating IC’s as employees

I work for a commission-based salon as a hairstylist. The owner has classified us all as 1099 independent contractors, so we have to pay our own taxes. However she exerts a ton of control over us. She joined a coaching program and has made us charge hourly, doesn’t allow us to accept tips, makes... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Nov 10, 2020

Most likely. Whether an individual is properly classified as an employee or independent contractor is based on numerous factors, but the most important factor is the alleged employer's ability to control the manner in which you perform your work. Since the owner controls both how much you can... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: I'm confused and about to lose my place because my job is not scheduling me to work. Need help or advice.

I was working a security job at one site and was not contacted over the weekend that I was to be moved to a different site. I started working the new site that following Monday was not put on the schedule. I worked Monday through Friday before and only worked 3 days last week. I was told I wild be... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 10, 2020

Unless you have an employment contract you have no options. Why?

Because Florida is an “at will” state, which means private employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only...
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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I'm an irrigation contractor that is being discriminated from being able to work in a neighborhood.

I have customers that are requesting my services in a community and they are being told they can use anyone but me to work on their property because a member of the HOA does not like me. This has cost me a loss of steady income and future as well. Do I have a case?

Kevin Sanderson
Kevin Sanderson answered on Nov 8, 2020

If the reason is race-based or other class-based discrimination, you should follow up

1 Answer | Asked in Employment Law and Personal Injury for Florida on
Q: i’m a cutter for a factory the fabric I cut is fiberglass I’m having sinus issues and issues with my hands

Per our company handbook it specifies that they agreed to provide the tools necessary to perform the task of our jobs they are refusing to do so

Tim Akpinar
Tim Akpinar answered on Nov 3, 2020

A Florida attorney could advise best, but your post remains open for a week. This sounds more like a workers' comp matter than a personal injury matter - it appears to have a connection to the course of your employment. You could reach out to a WC attorney to discuss. Many WC attorneys offer... Read more »

1 Answer | Asked in Employment Law, Banking and Employment Discrimination for Florida on
Q: Selective Enforcement of policy's. Over 40 in Florida

Is selective enforcement of policys an issue. My employer is holding me accountable for things that they are not consistently holding others accountable too. I am over the age of 40 in Florida.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 2, 2020

If you feel you have been discriminated against because of your race, gender national origin or because have a disability, or feel you have been retaliated against for speaking out or asserting your legal rights in the workplace, you should contact the Florida Commission on Human Relations (FCHR)... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: If a worker is fired for asking employer to follow CDC guidelines for COVID-19 is there a case?

My mother works in a small office and the owners have been getting lax in taking precaution when it comes to COVID-19. First, they came into the office to work sans mask, despite being in contact with COVID positive people and tried to hide it. They let my mom work from home for a bit while she got... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Oct 22, 2020

Generally, your mother would not have a cause of action unless there was an actual law, rule or regulation (as opposed to a non-promulgated guidance) requiring the wearing of masks and the company had a practice of violating it. On the other hand, if she were to join with a group of employees to... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: Is it illegal to fire someone for taking a political survey the company offered, and them not liking the my answers?

So, about 4 days ago I was at work in my cpu and a survey popped up from my company. I take this survey, and to my dismay, it's about politics, Amy Coney Barret, Trump, who will you vote for, etc. I am a Republican so I filled it out as such. I moved from Texas to Florida 1 month ago to take... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 22, 2020

It times past, it wouldn't be normal, but we are now in times in which the current President, from day one, decided to be a harsh divider rather than a uniter. He has caused this nation to go into a cold civil war that has now cost you your job. Unfortunately, the law does not prohibit... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: Can an employer enforce its employees to get flu shots?

From my understanding, in the past, my brother-in-law's employer (a medical group purchasing and supply chain services company) required their employees to get flu shots but did not enforce it. He hasn't had a flu shot in years because the last couple of times when one was administered... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 22, 2020

The good news first: There is Florida or federal no law that allows employers to mandate flu shots for all employees.

However (the bad news): There is no Florida or federal law that forbids employers from requiring flu shots for all employees--unless that requirement of employment in any...
Read more »

1 Answer | Asked in Employment Law for Florida on
Q: I am being threatened via texts and email to reimburse a verbal claim for overpayment of wages from an employer.

I was working for a storage unit for 3 weeks, they have claimed to pay me for 4 weeks. We did not have a contact, application process or any tax papers at the time of hire. I quit due to unethical business practices- ie Tenants running businesses out of the storage unit and even one person living... Read more »

Alberto Naranjo
Alberto Naranjo answered on Oct 5, 2020

The overpayment can be an issue if true. You can hire an attorney to help but they will probably charge. Make sure to document everything in writing.

2 Answers | Asked in Employment Law for Florida on
Q: Is there any action one can take against a boss putting employees in unnecessary danger?

If a boss comes into work and multiple of his family members including his wife have tested positive for COVID-19 and have told him he needs to quarantine but he comes in anyway and takes his mask off, is that creating a risky work environment? Is there any sort of legal action one could take... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 2, 2020

The best action you can take it to quit. If you have in fact contracted the disease, the legal action you could take would depend upon how you got it. If it was in fact a result of being infected at work, the exclusive remedy of a worker's compensation claim would apply; if you did not get... Read more »

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1 Answer | Asked in Employment Law for Florida on
Q: What does this mean- i rec'd this on my unemployment claim..

SINCE FILING A PREVIOUS CLAIM, THE CLAIMANT HAS EARNED REMUNERATION FOR SERVICES PERFORMED OF AT LEAST THREE TIMES THE CURRENT WEEKLY BENEFIT AMOUNT. THIS DETERMINATION IS ISSUED IN ACCORDANCE WITH SECTION 443.091, FLORIDA STATUTES.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 2, 2020

It means that they believe you have been working and have been getting paid.

The statute cited can be found here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0443/Sections/0443.091.html

2 Answers | Asked in Employment Law for Florida on
Q: Is it safe to sign Non Disclosure Agreement before an interview?

I would do like some expert to review the NDA document and advise if its safe to sign, Thank you

Kyle Anderson
Kyle Anderson answered on Sep 30, 2020

I would absolutely have that reviewed before you sign it. I recommend reaching out to an employment lawyer in your state to determine the rate for the agreement review.

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2 Answers | Asked in Employment Law for Florida on
Q: Can I sue the founder of a startup for failing to pay deferred salary as promised in writing?

Required to defer salary since June 1. Founder of company sent a letter August 1 promising to pay all deferred salary by August 31. When I requested the money I was furloughed.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2020

Maybe. But the founder may well be judgment-proof. Or, if the "startup" is a corporation or LLC, you may have a problem with the limited liability that pertains to such entities.

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1 Answer | Asked in Employment Law for Florida on
Q: Is it legal for employer to keep the tips that customers give the server with credit card? The owner keeps the money.

I started working at a restaurant. It’s a family owned business. Cash tips belong to the server. However when you serve a table and they pay with credit card then leave a tip on the receipts, the owner keeps the money instead of the server. Customers do not know so they believe they are tipping... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 7, 2020

There is nothing illegal about this. If fact there is no law requiring the owner to allow you and other servers to keep cash tips. Be careful complaining because the owner can terminate you in a New York minute; for no reason.

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: Safety sensitive position and needed prescription drugs.

I currently operate heavy machinery for my job. What options would I have if my employer found out I was on a prescribed med with a waring that you should not operate heavy machinery when taking, yet my dr has provided documentation I can preform all my essential job functions and not put myself or... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 7, 2020

If I was your employer, I would not believe the documentation from your doctor. Your options would be to either get a new job or not get one.

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1 Answer | Asked in Employment Law for Florida on
Q: I resigned from a job on Friday. On Monday a potential employer told me I can't get hired due to former employer having

Investigation against me. I was unaware of any investigation. Is my former employer required to tell me of an investigation and allegations against me?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 1, 2020

No, employers are under no obligation to inform employees that they are "being investigated."

However, your former employer should not have told the new employer about the investigation either.

1 Answer | Asked in Employment Law for Florida on
Q: If I don't like the outcome of the Labor Board, can I take my old employer to court instead?

I am owed $5000 from my old employer. I went to the Labor Board and since I didn't work over 40 hours I only can get 7.25 minimum wage which means my old employer would only owe about $1500. He was supposed to pay by August 7th, but still hasn't. I am unhappy with the amount I am getting... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Aug 28, 2020

Yes. If by "Labor Board" you mean the U.S. Department of Labor, they only have jurisdiction to enforce the federal overtime and minimum wage laws. The state minimum wage in Florida is $8.56 per hour. You could pursue a civil action for the higher state minimum wage amount plus potential... Read more »

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