As many current members of our uniformed services return to re-enter the workplace, it is important to understand the employment rights that apply. Under a Federal law known as the Uniformed Services Employment and Reemployment Rights Act (USERRA), members of the...
blog
“Keeping Up With the” Transgender Laws
With the recent hype surrounding the Kardashians, specifically, formerly Bruce Jenner and now Caitlyn Jenner, transgender issues are rising to the forefront of the news. However, transgender matters have been around as long as other discrimination issues. ...
The False Claims Act
With nearly $6 billion dollars recovered from more than 700 lawsuits in 2014, the False Claims Act (the “Act”) has become an important statute. But what is it? And, what is a Qui Tam anyway? In short, the Act is a whistleblower statute that provides recovery for the...
This is America, Speak English!
“This is America, Speak English!” – a phrase for which those who speak a second language in the United States are very familiar. Although employers sometimes have a reason to require English at the workplace (i.e. business necessity or safety reasons), the employer...
Happy Labor Day!
Employers Beware! How Obama’s Overtime Changes Will Affect You
How Does Overtime Work Now? Whether you are an employee or employer – Obama’s proposed overtime changes can make a big impact on you. Before we get into the changes, a quick background on overtime pay is in order. The Fair Labor Standards Act (“FLSA”) requires...
When Must an Employer Provide a Terminated Employee with a Final Paycheck?
It is inevitable…if you are an employer, you will eventually have to terminate an employee. But, when it comes to a terminated employee’s final paycheck, you should ask yourself two things: (1) when must the final paycheck be provided to the employee; and (2) what...
Employers Beware! Independent Contractors or Employees? Don’t End Up Like Uber
A hot employment law topic facing employers today is the misclassification of workers. Uber has been making national news regarding this very issue because its entire business model is based on hiring workers as independent contractors instead of employees. So, what...
Honesty Really Does Matter – Wilson McCoy P.A.
The old adage “honesty matters” applies in litigation, including employment law. In particular, honesty, or the lack thereof, can have a profound impact on the likelihood of success of an employment matter. For employees/potential plaintiffs being honest commences...
Is Florida an “At-Will” or “Right to Work” state?
As employment and labor law attorneys, we often hear confusion regarding these two concepts. It’s understandable, as they both relate to your rights as an employee in the state of Florida. The most common misconception is when an individual believes that the concepts...