Legal Blog

Employment background checks are a standard part of the hiring process in Florida. Background checks help employers make informed decisions to create a safe and trustworthy workplace. While these checks can offer valuable insight into a candidate’s history, they are subject to certain legal requirements. Both federal and state laws govern how background checks must be conducted. Failure to...

Has your employer asked you to sign a contract governing the terms of your employment? If so, you should consider having an experienced attorney review the contract’s language, advise you on its fairness and legality, and potentially negotiate on your behalf for better terms.Since your employment contract could affect you for years to come, you don’t want just any lawyer to represent you during...

Whether you’re starting a new job, negotiating a role change, or simply trying to understand your rights as a worker, it’s crucial to know how many hours Florida considers full-time. It may seem straightforward, but what constitutes “full-time” status is not as clear as you might expect. It can affect your pay, benefits, job security, and legal protections. At Cruz Law Firm, P.A., we help...

Do you think your Florida employer might have fired you for the wrong reasons? Maybe you reported discrimination, took medical leave, or pushed back against something illegal at work. If your employer let you go soon after, that could be more than just bad timing. It might be a sign of wrongful termination. You don’t have to guess whether what happened was legal. An experienced Florida wrongful...

In Florida, part-time employment involves working fewer hours than co-workers deemed full-time employees by their employer. Often, it’s because a worker has a second job, is in school, or has other personal obligations to attend to. This raises several important questions. Does a worker’s rights and benefits differ when they work in part-time employment versus a full-time role? And what legal..

Employment background checks are a standard part of the hiring process in Florida. Background checks help employers make informed decisions to create a safe and trustworthy workplace. While these checks can offer valuable insight into a candidate’s history, they are subject to certain legal requirements. Both federal and state laws govern how background checks must be conducted. Failure to...

Understanding the primary legal issues impacting employees in the industry can help them recognize when potential problems arise in their workplace. They can then take appropriate action, such as reaching out to legal counsel to discuss their rights under state and federal employment laws. The rapidly developing nature of the tech industry means that companies and workers in this sector face an...

You may suddenly receive notice that your employer has decided to terminate your employment because of posts you’ve made on social media platforms. When you lose your job due to social media activity, you may wonder, “Can my employer fire me for social media posts?”An employer’s ability to terminate an employee for their private social media activity depends on complex employment laws and...

Are you worried about how your social media activity could affect your job? Or have you already experienced work-related discipline, termination, or discrimination because of something you shared online? Understanding where employer authority ends and employee rights begin can be difficult. If you believe your employer violated your privacy or rights due to social media activity, you need clear...

Military servicemembers and veterans have unfortunately experienced discrimination and retaliation in the civilian workplace for various reasons, including challenges balancing civilian work with their military obligations and negative stereotypes about current and former servicemembers. Fortunately, federal laws establish various employment protections for veterans and servicemembers. One such...

Federal law provides important employment protections for individuals facing LGBTQ+ discrimination in the workplace in Florida. Unfortunately, employment discrimination against members of the LGBTQ+ community is still prevalent. 50 percent of LGBTQ+ respondents reported experiencing some form of workplace discrimination or harassment because of their sexual orientation, gender identity, or...

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations that allow people with disabilities to perform the essential functions of their jobs or seek employment. A disabled worker or job applicant who is denied ADA accommodations or otherwise faces employment discrimination may seek legal recourse.The ADA protects employees and applicants...

For many of us, our job is more than a paycheck. It is part of our identity. It defines the place we occupy in society. On top of the loss of income, the feeling that our job is a part of our life can make suddenly losing a job incredibly distressing.If you don’t understand why you’ve lost your job, it’s even worse. If you’ve done something wrong, how can you avoid making the same mistake...

You might be surprised to learn that Florida does not address overtime hours or pay in its laws. Instead, the state relies on presiding federal law. The Fair Labor Standards Act (FLSA) requires employers to pay 1½ times (150%) of an eligible or “nonexempt” employee’s regular pay rate for all hours worked in excess of 40 hours in a regular work week. The FLSA makes certain employees in...

The number of hours you work each week has little bearing on your rights as an employee in Florida. Whether a full-time or part-time employee, you have a right to be paid minimum wage or better for every hour you work. You should receive overtime pay when you work more than 40 hours in a single workweek unless you are an exempt employee. Florida labor laws do not establish full-time or...

Some people new to the workforce in Florida are surprised to learn their employer doesn’t provide paid time off (PTO). Many workers who have paid time off are surprised to learn that private employers are not required to pay for any accrued vacation time or accrued sick leave.On the other hand, if your employer tells you your job comes with paid vacation and that they will compensate you for...

If you must sign an employment contract to get a job, it is likely to contain an arbitration clause requiring you to resolve any contract disputes with your employer through arbitration instead of traditional litigation.Arbitration is an alternative dispute resolution method in which a neutral third party hears and decides legal disputes. Arbitration is typically binding, limiting the right to...

Cruz Law Firm, P.A., a Tallahassee, Florida firm, is pleased to partner with Pineview Elementary School to support students and teachers through the Classroom Connection Program.Classroom Connection is a partnership between the Greater Tallahassee Chamber of Commerce, World Class Schools, and Leon County Schools that allows the business community to support teachers and students during the...

With the increased popularity of remote work and other forms of telecommuting in Florida, it is important for Floridians who work from home to understand what rights they have as employees under federal, state, and local laws.Regardless of whether an employer intentionally mistreats a remote worker, violating laws that apply to remote workers should not be tolerated. Allowing employee abuse...

In the year 2024, if you are employed in Florida, you should be making at least $12 per hour or at least $8.98 an hour if you are a tipped employee who regularly receives more than $30 a month in tips.The minimum wage increased to $12 per hour as of September 30, 2023, and will increase by $1 each September with annual adjustments until it reaches $15 per hour in 2026. Beginning in 2027, the...

Florida is what’s known as an “at-will” employment state. But what is at-will employment? At its simplest, it means either an employee or the employer can end an employment arrangement without cause and without notice. In other words, you can quit a job or be fired from a job for any reason, as long as it does not run afoul of discrimination laws and certain other legal requirements. In most...

Florida law protects employees who come forward to report violations of law by public and private employers or independent contractors that create a substantial and specific danger to the public’s health, safety, or welfare.The Florida Whistleblower law makes it illegal to retaliate against an employee or contractor who reports public corruption or illegal or unethical activity. A whistleblower...

Workers with disabilities are protected from employment discrimination based on their physical or mental disabilities. They have rights under the Florida Civil Rights Act and the federal Americans with Disabilities Act (ADA) to enjoy equal employment opportunities. The law requires an...

Sexual harassment in the workplace can create a hostile working environment, making it difficult for the person being harassed to perform their job duties. While the victims most commonly are women, both men and women can be targets of sexual harassment, which includes uninvited sexual advances, demands for sexual favors, and other unwelcome conduct of a sexual nature. If you are a victim of...

Making unwelcome and inappropriate sexual remarks, sexual advances or requests for sexual favors, or verbal or physical assaults of a sexual nature are sexual harassment when they are directed at a subordinate employee or a job applicant. Employers can be held liable for sexual harassment if they knew or should have known that harassment was occurring in the workplace but failed to take...

You may be shocked and frightened if you are subjected to sexual harassment at your workplace, but you are not alone. The State of Florida offers you protection if you report this abuse and can punish an employer who allows sexual harassment to occur.In Florida, you can submit a sexual harassment claim either directly to your employer or through the Florida Commission on Human Relations (FCHR)...

Sexual harassment in the workplace can take many forms. But federal and state laws make it illegal to subject a job applicant or employee in Florida to unwelcome and inappropriate sexual remarks, sexual advances, requests for sexual favors, or verbal or physical assaults of a sexual nature. Florida law defines sexual harassment as a form of discrimination and prohibits employment discrimination...

State and federal laws protect workers who assert their right to a workplace free of employment discrimination, including sexual harassment. These laws also make it illegal to retaliate against an employee who reports sexual harassment to a supervisor or manager or who acts as a witness in a complaint, investigation, charge, or lawsuit pertaining to sexual harassment.If you have taken part in a...

Sexual harassment in the workplace can be a frightening experience. The harasser often has some position of authority over the person being harassed. But Florida law is on your side if you are sexually harassed at work. Most reputable companies have sexual harassment policies that protect employees who experience harassment.

The Occupational Safety and Health Act of 1970 (OSH) requires employers to provide a safe workplace free from hazards that could result in death or serious physical harm to their employees. Employees also have the right to file complaints about safety hazards, ask inspectors to visit the job site, and make reports without fear of retaliation.The OSH Act also created the Occupational Safety and...

Do you think your Florida employer might have fired you for the wrong reasons? Maybe you reported discrimination, took medical leave, or pushed back against something illegal at work. If your employer let you go soon after, that could be more than just bad timing. It might be a sign of wrongful termination.You don’t have to guess whether what happened was legal. An experienced Florida wrongful...