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Employment3

New Florida Law May Force Teachers Unions to Recertify

By Penichet Law |

Governor Rick Scott signed into law more than 200 pages of new education-related procedures on March 11, 2018, reported Bloomberg BNA. Collectively referred to as H.B. 7055, the new regulations will have a profound impact on employers and employees in the education sector, with updates to public and charter schools as well as availability… Read More »

LaborCalc

Which Types of Hours Worked Qualify for Compensation Under the FLSA?

By Penichet Law |

The Fair Labor Standards Act (FLSA) establishes a number of guidelines for employers and protections for employees. Among these regulations, the FLSA provides overarching rules for how to calculate an employee’s number of hours worked in a given pay period. On a larger level, the FLSA requires all employers to pay their employees either… Read More »

Whistleblower3

Whistleblowers and the Florida False Claims Act

By Penichet Law |

A whistleblower is a person who reports the illegal activity or other misconduct that occurs in the workplace. In the face of whistleblowing, it is unfortunately common for employers to retaliate against their employees. This puts potential whistleblowers between a rock and a hard place: either keep your job, or report the violation. In… Read More »

WageHour2

Florida Wage and Hour Considerations for Minor Employees

By Penichet Law |

In the interest of protecting children from unreasonable work conditions, Florida enacted a number of wage and hour considerations for minor employees. Under Florida Statute 450.081, employers must adhere to certain restrictions when they employ minor children. Florida Employment Rules for Minors Aged 15 or Younger Minor employees aged 15 or younger have several… Read More »

Employment5

Florida Employers Relax Screening Standards for Marijuana

By Penichet Law |

According to an article by the Sun Sentinel , Florida employers are starting to relax employment screening standards for marijuana as part of a nationwide trend that has seen many U.S. states legalizing marijuana for medical or recreational use. Currently, 29 states and the District of Columbia have approved legislation for medical marijuana. While… Read More »

EmplLaw

The Migrant and Seasonal Agricultural Worker Protection Act

By Penichet Law |

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) is a federal law that provides a series of protections for migrant, seasonal and agricultural workers. To accomplish this end, the MSPA establishes a series of guidelines for employers. Specifically, the MSPA provides important rules in a number of categories, including wages, housing, transportation, disclosure… Read More »

EmpLaw

The Florida Approach to Work Leave for Employees

By Penichet Law |

Florida is an at-will employment state that generally allows employers to govern their own internal practices. This is particularly true in the domain of employee leave from work. To gain a firm understanding of this issue, the following sections will explore the Florida approach to multiple types of work leave, including vacation and holiday,… Read More »

Worker

How Federal and State Laws Protect Against Workplace Retaliation in Florida

By Penichet Law |

Even though Florida maintains at-will employment laws, state and federal policies protect employees from retaliation under certain circumstances. If employers discharge or take other adverse employment actions against employees for engaging in statutorily protected activities, then the employee may have a legal cause of action. In order to understand the boundaries of workplace retaliation,… Read More »

Law

Understanding Non-Compete Agreements in Florida

By Penichet Law |

A non-compete agreement is a form of employment contract that exists between an employer and employee. Referred to legally as a restrictive covenant, a non-compete agreement prevents the employee from working for direct competitors. Given this restriction on an employee’s constitutional freedoms, the courts have strict limitations on the enforcement of non-compete agreements. The… Read More »

Employment3

Former Florida Police Detective Resolves Whistleblower Dispute

By Penichet Law |

A former police detective settled her whistleblower dispute against the city of Hollywood, Florida, for $155,000, according to an article by U.S. News & World Report. The police detective in question formerly served on the special victims’ unit of the Hollywood Police Department. After her superiors decided to migrate the special victims’ unit to… Read More »