Labor and Employment Lawyer in Palm Harbor

While not all unfair treatment at work in Florida qualifies for legal action, you could be entitled to damages if an employer breaks the law and fails to pay you properly or discriminates against you.

Morgan & Morgan’s labor and employment lawyers in Palm Harbor represent workers in all types of labor law violations, including but not limited to:

• Workplace discrimination
• Harassment
• Wage theft
• Wrongful termination

Our attorneys can stand up to an unscrupulous employer and help you fight back. Contact us now to discover whether you have a case and could be entitled to damages. 

Examples of Unlawful Labor Practices in Palm Harbor 

Employees are entitled to be treated with respect and dignity and deserve to be free from discrimination and harassment. Moreover, it is unlawful to withhold wages from Florida employees or pay them less than they deserve. Nobody wins when employers fail to uphold their responsibilities. Unlawful labor practices, such as discrimination, harassment, and violation of wage laws, are illegal and can negatively impact employee productivity and morale. 

Discrimination

According to the U.S. Equal Employment Opportunity Commission (EEOC), discrimination includes any adverse employment action based on age, race, disability, sex, or another protected characteristic. Examples of workplace discrimination include:

• Refusing to make reasonable accommodations for disabled workers.
• Screening out certain protected groups during the hiring process. 
• Passing over an older employee for a promotion in favor of a younger, less experienced employee.
• Refusing to hire a person based on their skin color or race.
• Denying female employees the same benefits and pay as male employees in the same position. 
• Terminating or demoting pregnant workers 
• Excluding specific employees from work meetings or trips 
• Racial slurs or offensive comments

The above list is not exhaustive, and there can be many other examples of unlawful labor practices in the workplace. Being a victim of discrimination can be deeply upsetting and have devastating consequences on the affected individual’s home and work life. 

If you experienced discrimination or harassment, Morgan & Morgan is here for you. Our experienced Palm Harbor labor and employment lawyers can explain your rights, help you file a charge with the relevant state or federal agency, and move forward with a legal claim. 

Wage and Hour Violations

Federal and Florida wage and hour laws determine the standards employers must adhere to regarding overtime, minimum wage, and other issues relating to employee compensation.

Minimum Wage and Overtime Pay

The minimum wage in Florida is currently $10 an hour and is scheduled to increase to $15 an hour by 2026. Tipped employees in the state are entitled to a minimum compensation of $6.98 per hour. Moreover, employees are generally entitled to time and a half (one and a half times their regular pay) for any hours worked over 40 per week. 

If your employer pays you less than the minimum wage or refuses to pay overtime, you could have a claim against them and receive back pay and other damages.

Work Breaks

Employers in Florida are not required by law to offer any work breaks. However, if an employer chooses to provide a rest break, as many do, short breaks of 20 minutes or less must be paid. Employers do not have to pay employees for meal breaks of 30 minutes or more.

Medical and Family Leave

According to the federal Family and Medical Leave Act (FMLA), most employees are entitled to up to 12 weeks of unpaid leave. Employees can qualify for medical and family leave for various reasons, such as:

• Giving birth 
• Adopting a child 
• Suffering from a significant medical condition or short-term disability
• Having to care for a close family member with a severe medical condition 

If you return to work after medical or family leave, you must be allowed to return to your former job or an equivalent position.

Misclassification of Employees

Certain employees are considered “exempt” and not entitled to overtime pay and some other pay provisions. Such positions typically include:

• Company executives
• Administrators
• IT professionals
• Outside sales professionals
• Independent contractors

However, employers in Palm Harbor may misclassify employees as exempt because they are misinterpreting the law or are trying to save money on overtime pay. If this has happened to you, you could bring a claim for missing overtime pay. 

Illegal Pay Deductions

Employers are only allowed to make certain deductions from an employee’s wage, such as taxes or court garnishments. However, many employers erroneously believe they can deduct various costs from employees’ paychecks without the worker’s authorization, including work supplies or uniforms.

Misclassifying Employees as Independent Contractors 

Independent contractors are self-employed and do not qualify for overtime pay and benefits. Some employers intentionally or unintentionally misclassify their employees as independent contractors. However, misclassified employees may be able to pursue damages by taking legal action.

How a Morgan & Morgan Labor and Employment Lawyer Can Help

Handling labor and employment violations can be challenging and complicated. In the first instance, victims typically have to report violations and file claims with the responsible state or federal agency before they may sue an employer. The deadlines for such claims can be prohibitively short in some cases. For example, you generally must file a discrimination charge with the EEOC within 180 days of the incident, or you could lose the right to sue. 

An attorney from Morgan & Morgan can help in several ways, including:

• Helping you understand your legal options and the next best steps
• Filing a claim with the relevant agency
• Ensuring all paperwork is filed before the applicable deadlines
• Working for you on a “no-win-no-fee” basis
• Preserving and presenting evidence to prove your case
• Determining your damages such as back pay and benefits
• Negotiating a fair settlement with an employer
• Filing a lawsuit against your employer
• Fighting strongly for what you deserve at trial

Our labor attorneys can leave no stone unturned in fighting for the rights of Palm Harbor workers.