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Florida Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Florida on
Q: need to know if me as a minor can legally work up to 30 hours a week while school is in section if Im being homeschooled

im 15 and work in florida for southeastern constuction

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2023

In Florida, the child labor laws apply to minors who are being homeschooled as well. As a 15-year-old, you are subject to certain restrictions on the number of hours you can work and the times you can work while school is in session.

During the school year, minors who are 15 years old may...
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1 Answer | Asked in Employment Law for Florida on
Q: I have been working as a 1099 employee for over a year, but I should be a w2 employee. Form SS-8 is what I was told >

I should fill out to make this determination. I am not sure if my employer can retaliate if I fill out this form to make this determination. What is the best route I could take in this situation? Is there a way I can try and avoid retaliation? I live in Florida.

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Many employers deliberately misclassify employees as independent contractors, that way the employer can avoid paying their share of Federal and State employment and uninsurance taxes. You need to discuss with a local FL attorney about your rights, you may have other types of violations- improper... View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and Government Contracts for Florida on
Q: City Official - Ok to write recommendations under name of town A using position of town B?

Is it legal for a City Official working for 2 different neighboring towns in different positions, to a write an official recommendation/inspection in the name of Town A using his job title of Town B? With the official header head and seal of City A he does not currently hold said position in and... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 26, 2023

Your inquiry begs the question of, why is it a problem for you? The answer to your inquiry probably depends on whether Town A officially permits him to do that.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: I believe my Supervisor is showing signs of discrimination towards me. If I am fired for this reason do I have a case?

I work for a medium to large WFH company I started a few months ago for training but as of last week I have graduated to production. Last week something happened with my phone number and I had to change it, I forgot the password to the personal email that I used to receive a code that is necessary... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 23, 2023

Your inquiry does not give any facts that would form a basis for asserting that you are the victim of unlawful discrimination. Discrimination, in the employment law context, means that you are being treated differently than co-employee(s) who perform the same or similar job functions, and at the... View More

1 Answer | Asked in Employment Law for Florida on
Q: An ALE company for 8 months now breached their contract by not offering me health benefits - should I use a lawyer?

The contract specified I'd get insurance after the waiting period.

Also I believe this would meet the requirements to report them to IRS due to the Shared Responsibility Payments Act for equal opportunity of all employees to receive and be offered equal opportunity health insurance.... View More

Mitchell Feldman
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Mitchell Feldman
answered on Jul 23, 2023

It appears that your employer is willing to rectify the situation. So your only harm would be if you had to seek out medical treatment in the past, and had to pay out-of-pocket because you were not covered. I would suggest you discuss that with your employer before resorting to legal action.... View More

1 Answer | Asked in Employment Law for Florida on
Q: I want to know if I entitled to overtime if Im titled as a salaried exempt employee. (Manager title. )

I work overtime daily and even the weekends. My title is manager but my duties do not reflect the title. I have no Managerial responsibilities at all. I “ supervise “ 3 employees, but have no say in hiring or firing. I am basically the same, but I have a title and am exempt from OT.

Mitchell Feldman
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Mitchell Feldman
answered on Jul 23, 2023

Your title, as a manager, has no bearing on whether you’re entitled to overtime under the fair labor standards act. The question is whether you meet an exemption under the law based upon facts. For instance, if you are a salaried employee and supervise two or more full-time employees and direct... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: My previous employer terminated me and wanted train my replacement in order to work 2 additional weeks. Is that fair?

I was an Inventory Specialist for Comfort Temp Heating and Air in Gainesville, Florida. On 7/13/23, I was terminated from that employer. At 6am that day, I was told but my peers that the CFO, C.W. felt that the position and I was no longer needed with the company and they it was being discussed... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 22, 2023

It may not be fair, but that's a different question than, "Do I have any legal remedies?" To answer that question, you must schedule a consultation with an attorney handling employment law. It sounds like the employer was portraying this as a layoff, not a termination for anything... View More

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1 Answer | Asked in Employment Law for Florida on
Q: Do I have to pay back relocation money if I stay with a company but relocate elsewhere on my own dime?

I relocated from CA to FL for a job. The contract states relocation $$ must be paid if you leave the company within 2 years. If I stay with the same company but move home to CA and continue to work for them, do I owe them the reolcation money still? The company has offices in both CA and FL.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 16, 2023

No, assuming the text of the contract doesn't provide otherwise, you don't have to pay it back.

2 Answers | Asked in Employment Law and Contracts for Florida on
Q: If an employer that fired you never responds to reclaim their equipment, can I keep it? I made a reasonable return attem

Previous employer let me go in january. Ive made attempts to return laptop equipement. They say theyll get me the stuff tomorrow but never respond.

They sent a response after 3 months of no response asking if i would like to buy the equipment. I said no. They have not since responded.

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

It is the employer's property. You need to protect yourself from a later false claim that you wrongfully retained it. I would suggest a letter sent by Certified Mail, return receipt telling employer that you will hold the property for an additional 15 days and then will consider it abandoned.... View More

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3 Answers | Asked in Criminal Law, DUI / DWI, Employment Law and Family Law for Florida on
Q: I have a criminal case where I was setup and I need a criminal defense attorney like a pro bono where can. I FIND ONE
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

As my colleagues have stated, as a Criminal Defendant you are entitled to: 1. hire your own lawyer at your own expense; 2. have an attorney appointed by the court to defend you if you cannot afford to hire one (except in infractions or traffic matters- where your freedom is not at risk); or 3.... View More

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1 Answer | Asked in Employment Law for Florida on
Q: I have a relocation offer from my employer. Are they allowed to contact my landlord to verify?

I need to provide a copy of my lease agreement before payout, which is fine. But is my employer allowed to contact my landlord to verify the lease?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 2, 2023

If the terms of the relocation offer are that the employer will pay off the lease, how else is your employer to determine you are being accurate about the payoff amount? Without coordinating with the landlord, the employer risks a double-payment.

1 Answer | Asked in Employment Law, Business Law and Construction Law for Florida on
Q: Can we recoup damages?

We had an independent contractor help us at a daily rate. We own a handyman business and needed an extra set of hands. He botched the job significantly and caused property damage to our home and property. Our truck has overspray all over it, drive way is covered in paint, mailbox covered in paint... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2023

Yes, sounds like you may have a claim for damages. The question is- how much? It may or may not be worth hiring a lawyer.

Good luck.

1 Answer | Asked in Libel & Slander, Employment Law and Civil Rights for Florida on
Q: My crew lead kicked me off the crew and sent a group chat photo of everyone getting 9 hours and me getting 6.

They have never done so before and if they do send the hours they send it individually. I feel like this was a form of embarrassment and invasion of privacy.

Charles M.  Baron
Charles M. Baron
answered on Jun 19, 2023

Your phrase, "photo of everyone getting 9 hours and me getting 6" is not understandable. I suggest you post an inquiry with a few more details to explain that.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: In the state of florida, can an employer with hold your pay after you quit until you sign a termination letter?

My employer stated this:

Regarding your final pay, your next paycheck will be deposited directly into your account, and your last paycheck will be available for pickup at the office.

We kindly request that you come to the office to collect your check and sign the termination... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 15, 2023

They don't have to pay you electronically (unless an employment contract provides otherwise), so go to the office, collect the check, and, if you like, refuse to sign the letter.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: Is it legal for my boss to continually make one employee take a longer unpaid lunch break than other employees?

My coworkers are noticing that my boss is treating me differently. It's really embarrassing and feels like harassment.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 13, 2023

As long as you don't need to perform work during your lunch break and the break lasts at least 30 minutes, then your employer isn't violating any wage laws. However, if there are other ways your boss is treating you less favorably than your coworkers based on a protected class... View More

1 Answer | Asked in Employment Law and Education Law for Florida on
Q: I had a stroke last year which affected my ability to speak. , my school is threatening to terminate me, can they ?

I am a public school teacher for over 5 years

Todd B. Kotler
Todd B. Kotler
answered on Jun 6, 2023

You should review your contract and your collective bargaining agreement. Have you contacted your union rep? Whether they can terminate you will depend on the language on the agreements. Do either mention clarity of speech as a physical requirement for your job? You also may want to contemplate... View More

1 Answer | Asked in Employment Law for Florida on
Q: I am on salary at 1800 for two weeks. If I started a job on Wednesday, should my pay be 1100 or the full 1800
Joseph Coughlan
Joseph Coughlan
answered on Jun 5, 2023

It is likely closer to the $1,100.00 and not the $1,800.00.

There are a few ways to calculate you lost wages under workers' compensation. First is setting your average weekly wage (AWW). To do that, your earnings during the prior 13 weeks could be used. It sounds like you just started...
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1 Answer | Asked in Civil Rights and Employment Law for Florida on
Q: My company has harassed me constantly about my glasses. They are technically sunglasses but they are prescription.

I see black when I’m introduced to too much light without my sunglasses. They forced me to wear my regular glasses which aren’t transitions. So now I’m forced to keep damaging my eyes and they have threatened my job numerous times. My eyes have gotten worse and sometimes I just can’t see.

Tim Akpinar
Tim Akpinar
answered on May 24, 2023

A Florida attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal and its impact on your vision. Try to set up a free initial consult with an employment attorney. You could repost under that category, but it's likely that a law firm would want... View More

2 Answers | Asked in Employment Law, Contracts and Immigration Law for Florida on
Q: Can I get in trouble if my employer is never asked me to fill out an I-9 form?

My friend has been working for a company for a little shy of a month now and thier employer's have never asked him to fill out an I-9 form. They have been getting paid (direct deposit actually) bi-weekly. I'm worried about him getting in trouble for it.

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Relax. The rules re: I-9 forms put penalties on the Employer, not the employee. If your friend is really worried, you can always download an I-9 from the IRS and fill it out to submit to the employer. Keep a dated copy. BUT if the employer is not asking for it and is not taking out employment... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Employment Discrimination

Is it employment discrimination when a White woman with a black male supervisor is paid more than the supervisor? Is it racial discrimination, Gender, or both? Should I be compensated at a salary comparable to the white female who reports to me as their supervisor.

Charles M.  Baron
Charles M. Baron
answered on May 8, 2023

Not necessarily. In the legal employment discrimination analysis, you compare yourself to employees in the same or similar position to your position, or performing the same duties as you. Those employees are called "comparator" employees. Also, if the person you are supervising has... View More

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