As an employer, you are expected to know and follow all federal and state labor laws and regulations. Failure to do so can result in claims and lawsuits by current and former employees. Retaining a West Palm Beach labor and employment lawyer can help your business in numerous ways.
At Pincus & Currier, LLP, we help small and medium-sized Florida businesses in a variety of matters relating to employment and labor laws, including reviewing your current policies and procedures manuals, conducting employee training, and ensuring your supervisory and human resources teams are up to date on the most current laws. Our goal is to help you reduce or eliminate employee-related claims and lawsuits altogether. In the event an employee is making a claim or suing you, our team of attorneys is ready to defend you and protect your company.
Here’s a look at some of the most important federal labor laws that your company should be complying with.
Fair Labor Standards Act (FLSA)
FLSA, or the Fair Labor Standards Act is what sets forth the nationwide minimum wage and right to overtime pay for hourly workers. This Act affects most employers, both private and public. Currently, the national minimum wage is $7.25; however, Florida has its own law and the minimum wage is currently $8.46 per hour. There are also restrictions regarding minors and the number of hours they can work and types of jobs they can take. Misclassifying workers as exempt (salaried) when they should be hourly is one of more common ways employers have claims presented against them.
Title VII of the Civil Rights Act of 1964
Title VII made it illegal for an employer to discriminate against someone based on their race, color, religion, sex, or national origin. In 2009, the Lilly Ledbetter Fair Pay Act also made it illegal for employers to pay women and minorities less.
Other Employment-Based Discrimination
There are similar acts that also prohibit discrimination to workers 40 years and older under the Age Discrimination in Employment Act. Disabled people also have protections under the Americans with Disabilities Act of 1990, which is commonly referred to as the ADA. It’s important to note that Florida has its own set of employment and labor laws, and may provide for additional protections under these and Title VII.
Family Leave Act
The Family and Medical Leave Act was signed into law back in 1993. This law grants eligible employees the right to take up to 12 weeks of unpaid leave each year if they need to stay home after they have a child, adopt a child, or have a family member with a serious illness. The FMLA only applies to employers who have 50 or more employees within a 75-mile radius. In order to be eligible, an employee must have been employed at the company for at least 12 months and worked a minimum of 1,250 hours in the past year.
Retaining a Florida Employment and Labor Law Attorney
These are just a few of the important federal labor laws your business needs to know. There are others as well involving workplace safety, whistleblower protections, unemployment benefits, and social security to name a few. It doesn’t matter whether you’re a brand-new company or one that has been in business for years, having a knowledgeable West Palm Beach labor and employment law attorney look over your policies and procedures can save you both time and money in the future. Contact Pincus & Currier, LLP today to schedule an initial consultation.