Employment Law
Has your workplace or previous workplace become a living hell? Many people use the term “harassment” to describe any workplace treatment that seems unfair, unduly harsh, or just plain mean. From a legal perspective, however, it must meet certain criteria. State and federal laws recognize many types of workplace discrimination, all of which can create a hostile work environment. A person may claim discrimination on the basis of race, national origin, age, sex, religion, and disability. If you feel you have a discrimination or harassment case, call the Longo Law Firm for a free consultation to find out. Don’t wait because there are time limits on when you can file a claim. In order to make your claim in court, you need to prove the following: It was based on your protected characteristic (ex. Being…Read More
If you have been fired, demoted, or denied a job in Florida because of your age you may have an age discrimination in the workplace lawsuit. In age discrimination cases, a worker makes a claim under the federal law that prohibits employers from discriminating against workers in the terms and conditions of employment because of the worker’s age. The federal law is the Age Discrimination in Employment Act (“ADEA”) and it applies to workers who are at least 40 years old. Elements of Age Discrimination In an ADEA case involving discharge, demotion, or failure to hire, a plaintiff may establish a case by showing: that plaintiff was a member of a protected group of persons between the ages of 40 and 70; that plaintiff was subjected to an adverse employment action; that substantially younger persons…Read More
Under the ADA an employer must provide “reasonable” accommodations for workers with known disabilities unless such accommodations would result in undue hardship to the employer. An accommodation is reasonable, and thus required under the ADA, only if it allows the worker to perform the essential functions of the job. Elements of ADA Accommodation Claim To win a disability accommodation claim under the ADA a worker must prove the following facts: Worker is disabled; Worker is qualified; Employer knew of worker’s disability; Worker requested an accommodation; Reasonable accommodation existed that would have allowed worker to perform the essential functions of job; Employer failed to provide a reasonable accommodation. What Is Considered a “Disability” “Disability” is a physical or mental impairment that substantially limits one (1) or more major life activities. A physical impairment is a condition…Read More
Effective December 1, 2016, the new overtime rule will increase the minimum salary level for exempt employees from $455 per week ($23,660 annually) to $921 per week ($47,892 annually). The new salary level is based upon the 40th percentile of weekly earnings of full-time salaried workers in the lowest wage region of the country, which is currently the South. The new overtime rule also establishes an automatic updating mechanism that adjusts the minimum salary level every three (3) years. The first automatic increase will occur on January 1, 2020. Proposed New Overtime Rules If you make less than $921 per week or $47,892 per year, even if your primary job duties are executive, administrative, or professional duties (“white collar exemptions”), you are still entitled to overtime pay under the proposed new overtime rules. It is important to…Read More