Employment

Employment Law

Bober & Bober, P.A. provides legal advice and representation on employment matters. The firm represents employees in matters involving the Fair Labor Standards Act, and also provides legal advice and representation for claims involving workplace discrimination (sexual harassment, age, race, sex, national origin, religious, disability, and pregnancy discrimination, and Whistleblower complaints). Bober & Bober, P.A. represents employees in matters before the Florida Agency for Workforce Innovation (Florida labor department), Federal and Florida state courts, the Equal Employment Opportunity Commission, the Florida Commission on Human Relations, and the Broward County Human Rights Division. Contact our Florida employment lawyers for a free consultation about your legal problem.

Age, Race, Sex, National Origin, & Religious Discrimination:

Under both Florida and Federal law, employers are prohibited from discriminating against individuals, including employees and job applicants, for certain reasons, including the individual’s age, race, sex, national origin or religion. Employers also are prohibited from retaliating against an individual who opposes an unlawful employment practice or who participates in an investigation, proceeding or hearing under the Florida or Federal employment discrimination law. If you believe you have been discriminated against or retaliated against, do not hesitate to call our office to discuss your potential claim.

Fair Labor Standards Act:

Among other things, the Fair Labor Standards Act, (FLSA), generally requires employees who are not otherwise exempted to be paid overtime of no less than time and one half their regular pay rate for hours worked in excess of 40 hours per week. The FLSA does not limit the number of hours employees 16 years of age and older may work in any particular workweek. If you believe your FLSA rights have been violated, please call our office or fill out the on-line case evaluation. You also may find out more information by viewing the section entitled Wage and Hour Q & A and by using the Overtime Calculator.

Non-Compete Agreements:

With some limited exceptions, Florida law permits employers to enforce non-compete agreements and other restrictive covenants against employees who sign such agreements. Therefore, it is important that you obtain legal counsel before signing any such agreement and, if you already have signed such an agreement, you should seek the advice of counsel to determine its scope. In some case, the restrictive covenant may be over-broad in scope and unenforceable as written.

Pregnancy Discrimination:

Both Florida and Federal law prohibit employers from discriminating against individuals on the basis of pregnancy, childbirth, and other related medical conditions. If you believe you have been discriminated against or treated differently for employment-related purposes for any of these reason, do not hesitate to call our office to discuss your potential claim.

Sexual Harassment:

Sexual harassment is considered a type of sex discrimination and is prohibited by Federal and Florida law. Sexual harassment may exist where a co-employee, non-employee, or supervisor creates a severe and pervasive hostile sexual environment by making unwelcome sexual advances, requesting sexual favors, or engaging in other verbal or physical conduct. Sexual harassment may occur between the same and opposite sex and may be perpetrated by a man or by a woman. Moreover, a victim of sexual harassment need not be fired or demoted to have a claim of sexual harassment. The time limit to file a charge of discrimination is short and, therefore, it is important to obtain legal assistance if you believe you have been the victim of sexual harassment.

Whistle-blower Complaints:

Florida law prohibits a private employers from taking any retaliatory personnel action against an employee in certain situations, including: (1) because the employee has disclosed or has threatened to disclose to the government that an employer is engaging in an activity or has a policy or practice that violates a law, rule, or regulation; (2) because an employee has provided information to, or testified before, a governmental agency, person, or entity that is investigating, holding a hearing, or conducting an inquiry into an employer’s alleged violation of a law, rule, or regulation; or (3) because an employee has objected to, or refused to participate in the employer’s activity, policy, or practice which violates a law, rule, or regulation. Florida law also has a Whistleblower law that covers public employers and employees. Finally, under certain circumstances, Federal law may provide a basis for asserting a Whistleblower action. If you believe you have been retaliated against for any of these reasons, do not hesitate to call our office to discuss your potential claim.

Disabilities Discrimination:

The Americans with Disabilities Act (ADA) prohibits certain employers from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. In the past, due to a narrow reading of the ADA by the courts, many individuals were not covered by the ADA, including those suffering from epilepsy, diabetes, intellectual and developmental disabilities, muscular dystrophy, and cancer, among many others. In 2008, Congress corrected that narrow reading of the ADA by passing the Americans with Disabilities Act Amendments Act of 2008, (ADA Amendment). The ADA Amendment makes it easier for an individual seeking protection under the ADA to show that he or she has a disability. The ADA Amendment expands the definition of “major life activities” to include major bodily functions such as “functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.” Importantly, the ADA Amendment states that mitigating measures other than “ordinary eyeglasses or contact lenses” shall not be considered in assessing whether an individual has a disability. The ADA Amendment also clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. Another significant change is that for an applicant or employee to be “regarded as” disabled, he or she need only show he or she was subject to an action prohibited by the ADA (e.g., failure to hire or firing) based on an impairment that is not transitory and minor.