For many businesses these days, the question is not if you will face an employment-related matter, but more like when? Every day small, medium, and fortune 500 businesses alike face the probability of getting sued over an employment law violation.
There are many employment laws that exist at the federal and state levels. The principle of these employment laws is to ensure that workers are fairly compensated and free from unlawful discrimination and harassment. Compliance with employment laws is important as they carry substantial penalties when its provisions are violated. Furthermore, employers and managers are typically protected under the veil of the corporate structure; however, violation of certain employment laws can potentially expose them to personal liability.
Many of these employment laws have been around for decades. However, many employers and employees do not understand the application of employment laws or when they are triggered – where the employer is bound to comply with the law and/or the employee is covered under the law’s protection.
Most, who contemplate on safeguarding their business against potential exposure to liability or defending against an opportunistic employee, frequently have questions or concerns. Because employment law is a complex area of the law and every case is different, you should contact legal counsel to discuss any questions that you may have regarding your particular situation.
Call us today to speak with an employment law attorney. Our legal team is ready to help you.
Below are the most common employment laws that employers face significant risk of being sued for in the United States.
- Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time employees in the private sector and in federal, state, and local governments.
- Florida Minimum Wage Act (FMWA) is found in Florida’s Constitution. Annual review of Florida’s minimum wage is required – based on the percentage increase in the federal Consumer Price Index. Florida employers must also comply with the federal FLSA.
- The Family and Medical Leave Act of 1993 (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave of up to 12 weeks per year for qualified family and medical reasons.
- The Civil Rights Act of 1964 and The Florida Civil Rights Act of 1992 (FCRA) protects employees and applicants alike from unlawful discriminatory actions based on race, color, sex, gender, pregnancy, religion, national origin, marital status, age, physical or mental disability (real or perceived), and genetic information.
- The Equal Pay Act of 1963 (EPA) prohibits gender-based wage discrimination by requiring employers to pay men and women equally for doing the same work.
- The Age Discrimination in Employment Act of 1967 (ADEA) forbids employers from discriminating against employees and applicants alike who are 40 years of age or over.
- American with Disabilities Act of 1990 (ADA) prohibits employers from discriminating against employees and applicants alike based on, or related to, their disabilities.
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