Broward & Hollywood Employment Attorneys Defending Workers’ Rights
Employment law covers a wide range of business relationships, work situations and worker scenarios. Florida businesses must comply with state and federal guidelines and regulations and most employees are entitled to certain rights under state and federal laws.
When a dispute arises in Florida, trust an experienced Fort Lauderdale employment lawyer who steadfastly follow changing state and federal laws. Our guidance can be your best chance for a favorable resolution. David S. Tupler, P.A. has represented Broward County for more than two decades in work-related litigation, including:
- defense in claims against employers for unpaid wages
- employment law cases in both state and federal courts
- litigation against individual officers of corporations on a personal liability basis for employment law violations
FLORIDA AND FEDERAL LAWS MUST BE FOLLOWED
Florida employers are subject to both state and federal wage laws. Regulations require that they pay their workers a minimum wage, which – in Florida – is slightly higher than the federal minimum wage at $8.05, and is subject to increase every January.
Although state law doesn’t cover overtime pay, Fort Lauderdale employers still are subject to the federal Fair Labor Standards Act requirements. Under federal law, workers must be paid 1½ times their regular hourly wage for each hour worked over 40 in a given week. If the employee is not paid at least the minimum hourly wage or is not paid the appropriate overtime rate, the employer could be subject to a wage claim.
In addition to unpaid wages that might be owed to the worker, liquidated damages could be awarded under certain circumstances. When this occurs, the liquidated damages equal the amount of unpaid wages. An employer found liable for a violation of the Department of Labor’s overtime rules could face a penalty of liquidated damages equal to the amount of unpaid overtime.
A possible defense to claims for unpaid wages is found in exemptions from the law, as certain categories of employees and types of jobs are exempt from federal overtime pay standards in Florida. Retaining a Hollywood labor lawyer is the best way to find out which apply to you and your unique employment situation under state law.
WHICH COURT GETS YOUR CASE?
Because Broward County does not have its own government agency to handle employment-related claims or enforce state wage and hour rules, employees must bring their claims either to the Federal Department of Labor or file a lawsuit in state court.
In a case alleging that an employer violated Florida Constitution’s article X, section 24 – which asserts an employees’ right to receive the state minimum wage and protects workers from retaliation for making wage claims – your Hollywood employment attorney can bring a case before state courts.
A worker often is expected to exhaust all administrative options before contacting a labor attorney and filing suit. These administrative processes vary depending on the type of complaint. After hearing the details of your case, your lawyer can tell you whether or not your case will be tried in State or Federal court.
State courts hold jurisdiction for the majority of lawsuits related to employment law. An example of a case that could be tried in Federal court is an alleged violation of the Fair Labor Standards Act. Claims against an out-of-state or international business also are filed in Federal court.
Defending a wage and hour lawsuit in Florida is tricky. We will help you understand your options and guide you through mediation or litigation. Broward labor lawyer David S. Tupler, P.A. represents clients involved in employment disputes in Hollywood and Fort Lauderdale. Call us to schedule a no-obligation consultation today.