Labor & Employment law - Employers only

As a business owner in Florida, you likely have a trusted business lawyer who assists with forming your company, drafting contracts, and handling mergers and acquisitions. However, when it comes to employment-related legal issues, a business lawyer often lacks the specialized knowledge required to protect your company. This is where an employment lawyer comes in. Understanding the difference between a business lawyer and an employment lawyer is crucial for safeguarding your business from costly legal pitfalls.

Many businesses believe that as long as they have a general business lawyer, they are fully covered legally. However, employment law is a complex and ever-evolving field that requires in-depth knowledge of federal, state, and local regulations. The consequences of mishandling employment matters can be severe, including expensive lawsuits, regulatory fines, and damage to your company’s reputation. This article will explore the key differences between business lawyers and employment lawyers, and explain why every Florida business should have an employment lawyer on their team.

The Role of a Business Lawyer

A business lawyer primarily focuses on the legal aspects of running a business that are not employment-related. Their expertise generally includes:

- Business Formation: Assisting with the creation of corporations, LLCs, and partnerships.
- Contracts and Agreements: Drafting and negotiating business contracts, vendor agreements, and partnership agreements.
- Mergers and Acquisitions: Facilitating the purchase or sale of businesses and advising on corporate restructuring.
- Intellectual Property: Handling trademarks, copyrights, and patents.
- General Compliance: Ensuring that the business adheres to state and federal regulations unrelated to employment law.
- Commercial Disputes: Representing the company in matters such as breach of contract cases and commercial litigation.

While these are critical areas for any business, they do not cover the complex and ever-evolving landscape of employment law. Business lawyers may be able to offer general guidance on employment issues, but they are unlikely to have the deep expertise necessary to fully protect a business from employment-related legal challenges.

The Role of an Employment Lawyer

An employment lawyer specializes in the laws that govern the employer-employee relationship. This includes:

- Compliance with Employment Laws: Ensuring your business complies with federal and Florida-specific employment laws, such as the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act (Title VII), and the Pregnant Workers Fairness Act (PWFA).

- Employee Classification: Analyzing whether workers should be classified as employees or independent contractors, and whether employees qualify as exempt or non-exempt under wage and hour laws.

- Discrimination and Harassment Prevention: Advising on compliance with Title VII of the Civil Rights Act, the Florida Civil Rights Act, and other anti-discrimination laws to prevent costly lawsuits.

- Employee Handbooks and Policies: Drafting and reviewing policies to ensure they are legally sound and protect your business from liability.

- Handling Employee Terminations: Advising on proper termination procedures to minimize the risk of wrongful termination claims.

- Defending Against Employee Lawsuits: Representing businesses in employment-related litigation, including wage and hour disputes, harassment claims, and retaliation allegations.

Workplace Investigations: Assisting in conducting internal investigations related to employee complaints and legal violations.

- Help with Government Investigations: Assisting in guiding your business through governmental investigations, such as from the U.S. Department of Labor (DOL) and the U.S. Equal Employment Opportunity Commission (EEOC) related to employee complaints and legal violations.

 
Why a Business Lawyer is Not Enough

Many business owners assume that their business lawyer can handle employment matters. However, employment law is highly specialized and changes frequently. Relying on a general business lawyer for employment issues can leave your company vulnerable to lawsuits, government investigations, and compliance violations.

Consider these potential risks:

- Misclassifying Employees: If your business lawyer incorrectly advises on employee classification, you could face severe penalties from the Department of Labor.
Improperly Drafted Employee Policies: A business lawyer might draft generic policies that do not align with employment law requirements, increasing your legal exposure.

- Failure to Address Discrimination and Harassment Issues: Without proper training and legal guidance, your company may mishandle discrimination or harassment complaints, leading to costly litigation.

- Wage and Hour Violations: Misunderstanding overtime regulations or failing to pay employees properly can lead to class action lawsuits and government fines.

Even seemingly minor employment issues can escalate into major legal disputes. The cost of a single employment lawsuit can be devastating to a business, particularly for small and medium-sized companies that lack the resources to engage in prolonged litigation. Having an employment lawyer can help you avoid these pitfalls.

How an Employment Lawyer Protects Your Business

An employment lawyer proactively helps businesses avoid lawsuits and compliance pitfalls by:

Providing Preventative Legal Advice: Helping you establish compliant policies and procedures before problems arise.

Conducting Employee Training: Educating managers on how to handle workplace issues like harassment, wage and hour compliance, and employee discipline.

Representing You in Employment Disputes: Defending your business against claims of discrimination, wrongful termination, wage violations, and more.

Keeping You Updated on Employment Law Changes: Ensuring your business remains compliant with the latest legal developments.

Reviewing Hiring Practices: Making sure your recruitment process aligns with legal guidelines to prevent discrimination claims.

Advising on Employee Accommodations and Leaves: Ensuring your business complies with legal requirements related to medical leaves and accommodations.

Common Scenarios Where an Employment Lawyer is Essential

To better illustrate the importance of an employment lawyer, consider these real-world scenarios:

A Former Employee Files a Discrimination Claim: A terminated employee alleges that they were fired due to their age, gender, or disability. Your employment lawyer will help you navigate the Equal Employment Opportunity Commission (EEOC) process and defend against any legal claims.

A Wage Dispute Arises: An employee claims they were not paid overtime wages under the FLSA. Your employment lawyer can review payroll records and defend your company from potential liability.

A Sexual Harassment Allegation: A complaint is filed by an employee about inappropriate behavior in the workplace. Your employment lawyer can help conduct an internal investigation and implement corrective measures.

Employee Classification is Questioned: The Department of Labor audits your business and challenges your classification of independent contractors. An employment lawyer can defend your classification decisions and/or minimize penalties.

Conclusion

Your business lawyer plays a vital role in helping you navigate contracts, mergers, and corporate matters, but they are not equipped to handle employment law issues. Given the complexities and potential risks associated with employment law, working with an experienced employment lawyer is essential to protect your Florida business.

By partnering with an employment lawyer, you can ensure compliance, minimize legal risks, and create a safer, more legally sound workplace. If you are unsure whether your business has the proper employment law protections in place, now is the time to seek expert guidance.

Ignoring employment law risks is a costly mistake that can put your business in jeopardy. Take action today to safeguard your company from unnecessary legal exposure and create a fair and legally compliant workplace.

Florida business owners who have questions about working with an employment lawyer should contact an Employment attorney such as Mr. Miklas by email or calling 1-772-465-5111.

You can read more of our employment law articles on our legal updates page.


 

Why Your Florida Business Needs an Employment Lawyer,  Not Just a Business Lawyer

Law Office of David Miklas, P.A.