EMPLOYMENT LAW

When you experience problems at the place that dictates your income, it can be quite maddening. On one hand, you have the right to speak up and do something — and you should. At the same time, fear can settle in and cause you to feel intimidated and scared of retaliation.

It's not uncommon to think that just keeping your head low and mouth shut is what's best for you, your family, and your livelihood. However, this mentality is far from the truth. At Feiler & Leach, P.L. we can help you stand up to discrimination and unfair practices you're facing at work in a manner that puts the law on your side.

Who does employment law cover?

Job applicants, current employees, and former employees are all covered by employment law. If you believe you weren't given a fair shot at a position during the hiring process, that company may be liable. If you're facing unnecessary hardship at work due to unfair practices or unsafe working conditions, your employer could be held responsible. If you believe you were wrongfully terminated, you could be entitled to compensation.

What are my rights in the workplace?

You may have more rights at work than you realize. Your rights include a host of circumstances, including:

• privacy of personal possessions

• fair working wages

• discrimination of age (40-years and older), race, sex, color, religion, and nationality

• harassment

• unauthorized credit and background checks

• safety from dangerous conditions, toxic substances, and other hazards

• retaliation

• disabilities

• fair labor standards, such as lunch breaks

• family and medical leave

Do my rights include overtime?

While the Fair Labor Standards Act doesn't have any limits on how much an employee is required to work in any given day or week, employers are required to pay one-and-a-half times the regular rate if the employee works more than 40 hours in one week.

Is the company I work for big enough to file a suit against?

According to Title VII of the Civil Rights Act of 1964: Equal Employment Opportunity, an employer has at least 25 employees. The standard is that only 15 employees are necessary to file an employment lawsuit. In some situations, the company must have more. For example, age discrimination only applies to companies with at least 20 employees.

However, based on Florida law there is no minimum number of employees necessary for a company to comply with the Fair Labor Standards Act. In other words, companies of all sizes are responsible.