Do the new internship rules mean summer interns do not need to be paid in Florida?

Why you might NOT want to fire an employee who uses four letter words attacking management

How little does it take for a court to assume age discrimination from a supervisor’s comments?

Stay away from the Three Os: Orientals, Old People and Ovaries

DOL issues new 2019 Opinion Letter on Independent Contractors

Can a Florida employer still be sued after it pays an employee a severance?

Did you know in Florida a salary employee making less than $43,888 must be paid overtime pay?

Lakeland HR director is the focus of blame for discrimination and retaliation lawsuit

Holidays 2020 – making employees stay home from work if they travel?

Can seeking “digital natives” in job ad get me sued?

Can I ask an applicant for their prior salary? Is that gender pay discrimination?

8 racist remarks in 8 weeks: hostile work environment?

Can we force employees to get a flu shot?

Florida employer sued for how it responded to employee testing positive for COVID-19

How bad are comments about black people and fried chicken?

Is an employer required to give an employee short breaks when he gets angry or upset?

What should an employer do if an applicant refuses to have a lock of his hair cut for a drug test based on religious grounds?

Sexual comments made by popular male worker?

Does the ADA Require Automatic Reassignment to Another Position?

Outdated language in employee handbook costs employer tens of thousands of dollars

EEOC to South Florida employers: Maintain “robust” harassment training

In Florida, can you ask a Muslim worker, “What’s wrong with your people?"

Are you using the new Form I-9, updated July 2017?

Can supervisor comments create a retaliation lawsuit in Florida?

COVID discrimination lawsuits against Miami businesses will be increasing in 2021

Calling a Hispanic employee a spic? How bad is this in Florida?

Is the EEOC making good on its promise to target systematic discrimination, or is the EEOC full of hot air?

This is how firing an employee in Florida for repeat absences can cost an employer a lot of money.

Can a spider bite get you sued for discrimination?

You can work, but only until the 6-month point in your pregnancy.

Can you rely on Diversity & Inclusion to not promote an old White guy?

Florida minimum wage is now $13 per hour

Google Employee Spills the Beans on Pregnancy Discrimination & Retaliation

Do you have salaried employees making less than $684/week? You may be breaking the law.

What can happen if my business does not preserve records during an EEOC investigation?

U.S Department of Labor Issues Final Overtime Rule in 2019

Can a Florida business revoke a job offer if it learns of the applicant’s prior medical conditions?

Can a Florida business make employees use wearable tech like tracking devices?

What happens in a religious discrimination lawsuit if an employer’s internal investigation is insufficient?

Can we fire an employee who makes comments outside work about gays that are not politically correct?

Can we fire employees who fail to get a vaccine for tetanus, diphtheria, and pertussis (the “TDAP vaccine”)?

Sex harassment when no HR department in Port St. Lucie, FL

Is it illegal to actively seek to hire women?

Can a Florida company fire a pregnant employee who handles chemicals?

What is your Florida business doing for ventilation to protect your employees?

Independent Contractors in the Florida Workplace in 2021

How an HR professional with a God-complex created legal liability for an employer.

Can a Florida business screen out an applicant based on side effects of her prescription medications?

How can it be illegal in Florida to hire Hispanic workers for a certain position?

Department of Labor focuses on independent contractors – are you in compliance?

Hourly employee using computer? Does a Florida business have to pay for that time?

Taking away a female employee’s accounts and clients because she is making enough money?

Can an employer fire a worker who has a seizure?

Can I force an employee to use a hand scanner even if he believes it would brand him with the biblical Mark of the Beast?

How to NOT handle false rumors of a female sleeping her way to a promotion.

Can sex harassment kill a Florida company’s non-compete agreement?

Or call us at 1-772-465-5111

U.S. Department of Labor Issues Two FLSA Wage and Hour Opinion Letters

Can I refuse hire an amputee to drive my business vehicle?

Can a male manager refuse to put a woman in a management position?

In Florida can you ask a Muslim employee if he is "going to shoot up the place?"

How an employer lost a discrimination case because of language on a job description.

Employer who failed to provide pregnant employee light duty learns expensive lesson.

Compensation Discrimination in the Florida Workplace

How a Florida business can reduce legal liability for overtime claims by 50%

Can an employer share an EEOC charge with co-workers?

Is an employee protected as a Whistleblower in Florida if she does not complain in writing?

Is it more likely that a worker is an independent contractor if the business relationship is facilitated by a smartphone app?

How Martin County HR professionals screwed up an FMLA request

Calling black employees monkeys?

Can an employer remove a pregnant employee from the work schedule because of her pregnancy and/or the related “high risk” conditions?

Can your boss prohibit you from wearing a “Fight for $15” button?

What should a Florida business do at the beginning of a Department of Labor investigation?

Can a business owner who is fluent in Spanish force Hispanic employees to speak only English?

7 Reasons Your Small Business Needs Access to an Experienced Employment Lawyer

Bystander sex harassment?

Can you look to hire a younger guy with fresh ideas?

Calling Black employees “lazy” and street walkers?

Strippers teach Florida businesses a lesson about the FLSA

Proposed changes to regular rate likely to result in more benefits for Florida employees!

How Florida businesses get sued for discrimination because of Unemployment Compensation mistakes.

Can Facebook recruiting ads get my business sued for age discrimination?

Can we fire an employee who has problems after a C-section?

What is the difference between a 1099 worker and a w-2 employee in Florida?

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What do the following Florida businesses have in common? Publix, Red Lobster, Miami Subs, Ron Jon Surf Shop...

Can workplace prayer result in religious discrimination lawsuit in Florida?

If an hourly employee makes $10/hour, overtime is not always $15/hour.

Top 49 tactics used by lawyers when they sue a company claiming the business website is not ADA compliant

How an HR Director can doom an employer’s defense to a discrimination claim

Can a business be sued for firing a healthy worker who has a disabled spouse?

Can a Florida business use a staffing agency to get rid of black Haitian employees and replace them with Latinos?

Florida employers received new guidance on how much leave is reasonable under the ADA

Celebrating Juneteenth at work by serving watermelon, fried chicken, and collard greens?

Can we fire an employee with mental health issues while he is on EAP in Florida?

Choosing the wrong person to investigate a sex harassment allegation?

If an employer voluntarily provides paid parental leave, can an employee sue because the policy isn’t good enough?

Can an employer be sued for refusing to let an employee work from home?

New code word for “too old to hire”

Is your job description hurting your chance of defending a discrimination claim?

Can we fire an employee who lost an eye?

Get ready for more EEOC onsite inspections!

Labor Department issues 17 Opinion Letters on FLSA

Is your Florida company hiring Millennials? You may get sued for age discrimination!

Is a policy against beards and long hair on men illegal in Florida?

Continued push for Florida to specifically protect individuals from employment discrimination based on sexual orientation and gender identity

How an HR professional fumbled an accommodation request.

What if we cover up overtime violations?

Can an employer rescind a job offer after learning an applicant is pregnant?

Can a blind person sue your business because they can’t navigate your website?

Labor Department giving Florida employers free online assistance

What happens to an employer that denies a nursing mother’s rights?

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How lopsided is a DOL settlement for FLSA violations?

Overtime Trick? Telling employee he works for two companies.

EEOC Chair discloses its target areas for investigations

Don't get pregnant or you're fired

New app allows employees to report harassment

How expensive is an overtime settlement with the Labor Department?

How is the EEOC’s new harassment training groundbreaking?

In Florida, can you assume that a deaf person could not perform the job? Is that discrimination?

DOL announced a proposed rule to increase the salary amounts for exempt workers under the FLSA.

Recent Labor Department crackdown in Florida?

How evidence of an employer’s own interview documents can keep a retaliation lawsuit alive

Although 60% of lawyers believe that outsourcing blogging to others is ethical and happens "all the time," David Miklas does not agree with this practice and he writes each of these articles himself to share with his clients to help keep them up-to-speed with changes in labor & employment law in Florida. Many labor or employment lawyers in Florida either do not provide complementary legal updates or they allow non-lawyers to write the articles. David Miklas does not do this and he takes pride in authoring each of these updates himself.

Is a Florida employer required to adjust performance standards to avoid penalizing an employee for being absent during FMLA-protected leave?

Firing an employee with asthma for absence?

Mistreating an employee pumping breast milk creates serious problems for employer

Can you fire an employee for getting an abortion?

Employee demanding to wear an oxygen backpack at work?

Ford Motor Company agrees to pay big bucks to settle EEOC harassment investigation

COVID discrimination issues West Palm Beach businesses will encounter in 2021

Sexual Harassment Claims in the Post-Weinstein Era

EEOC charges of discrimination based on mental health conditions are on the rise

Why your summer intern is not free labor.

Intermittent leave may be required under the FMLA, but what about under the ADA?

Is it a hostile environment if a supervisor makes derogatory comments about Cubans?

Why is the EEOC task force telling employers to “reboot” their harassment prevention efforts?

EEOC implements nationwide procedures for releasing employer position statements

Can an employer force a transgender employee to dress as a certain gender?

Labor Department investigation determines Florida company misclassified workers as independent contractors instead of employees – costs approx. $200k.

Can a supervisor make fun of an employee with PTSD?

Pregnant employee won’t wear uniform. Fire her?

Are your Florida employees secretly tracking their own hours?

Can you interview only applicants with white-sounding names?

Is the fluctuating workweek changing?

Can a Florida employer refuse to hire an applicant with dreadlocks?

Is a 12-month leave of absence enough to avoid an ADA lawsuit?

Can your Florida business be sued over perfume, cologne, cigarette smoke smells in the workplace?

Can an employer delay designating paid leave as FMLA leave to expand the leave beyond the 12-week entitlement?

Fired employee told her afro was not classy and did not meet the company’s standards.

Florida employers have been given new guidance on pregnancy discrimination claims

Calling a transgender employee by wrong pronoun?

Wearing long skirts to work in Florida.

Can I require an employee to have no restrictions before they return to work following a medical leave?

Law Office of David Miklas, P.A.

Labor & Employment law - Employers only

Opioid addiction? Can you fire an employee who uses the drug Suboxone?

How sexist job requirements cost Port St. Lucie employer big bucks.

What happens if a Florida business changes payroll records to record fewer hours than employees actually worked?

Labor Department Issues New Wage and Hour Opinion Letters

Can I be concerned that an applicant might be nearing retirement?

Can I fire an employee with breast cancer?

Can a high end restaurant use unpaid interns, calling them “stages?”

Can I fire an at-will employee during the probationary period if they request leave?

Pregnancy Discrimination in Florida - Q and A with David Miklas, Employment lawyer

Can a Florida company require an employee to disclose medication that could affect her work performance?

Supervisor creating situations for female employees to bend over?

Florida companies are misclassifying employees as independent contractors. Is your business doing this?

Can’t work Rosh Hashanah? No job for you!

Can a Florida business discriminate against men by only hiring women?

Deaf employee? Do you know how to reasonably accommodate?

Can I fire a witch who refuses to work on Halloween?

Making a Jehovah’s Witness answer the business phones with the greeting "Merry Christmas." Is this legal in Florida?

Manager offering job in exchange for sex? Is that enough to create liability for the employer?

Is a “gay” Santa hat sex harassment?

Does your business have an illegal privacy rule?

Florida businesses using severance agreements. Employment law update.

How an employer’s careless response to Unemployment Compensation can damage its defense in an employment discrimination or retaliation lawsuit.

Supervisor referring to older employees as “stale” or “stagnant” hurt employer’s age discrimination defense

Can you get sued for firing an employee who has to lean very close to a computer screen to read it?

Florida employers – are you using the new I-9 form?

Can a hiring manager’s comments during applicant interview be direct evidence of age discrimination?

Significant changes to overtime rules?

EEOC Issues Enforcement Guidance on National Origin Discrimination

$160k = cost of terms “spook” and “boy” to black employee

Is the EEOC hoarding its innovative harassment training material?

Florida Employers now must give employees paid sick leave and emergency FMLA

FLSA: DOL’s new Salary test did not go into effect December 1

Can we fire a disabled employee after 7 months of leave?

Why Fox News is forcing many Florida employers to review their sex discrimination policies and training.

Do Florida courts allow Title VII discrimination cases based on sexual orientation?

Company wanting digital natives = age discrimination?

Firing an employee with "hasta la vista."

Can a business have a rule banning employees from discussing payroll information?

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Does your Florida business require applicants to limit their right to sue?

Employer’s use of consultant to train was an expensive mistake

DOL issues administrator interpretation on joint employment

Florida employer settles labor investigation for nearly $2 million for improperly classifying workers as exempt from overtime

DOL opinion letters are back!

Is it disability discrimination if a supervisor mocks an employee with Celiac Disease?

Are you allowed to pay less than $12/hour for a server who rolls silverware for 31 minutes?

Florida minimum wage increase effective January 1, 2017

Is your Florida business properly tracking your employees’ time when they telework?

In a disability claim, is a court bound by a job description’s identification of an essential function?

Firing an employee after they exhausted FMLA leave?

Employer that provided disabled employee with four accommodations still forced to litigate discrimination case

In Florida can two companies agree to not compete with each other for employees?