Labor & Employment Lawyers in Deland, FL 

Unfortunately, some Deland employers think they can get away scot-free when breaking employment laws and short-changing hard-working employees. However, justice can prevail when employees know how to assert their legal rights. Earlier in 2022, Deland company Southern Equipment Rental had to pay 122k in back wages after a Department of Labor investigation revealed the company’s violation of overtime laws. 

Morgan & Morgan has Florida workers’ backs. John Morgan was an instrumental force in the battle for a fair minimum wage in the state. Fighting for workers’ rights is a cause close to our hearts. Our labor and employment lawyers in Deland are not afraid to hold unethical companies and employers accountable and fight for what you deserve.

If you are experiencing wage theft, discrimination, harassment, or any other unlawful adverse employment action, let us know. You do not have to stand for mistreatment at work and could qualify for compensation. Contact us now to discover your options in a free case review. 

Cases Labor & Employment Lawyers Handle 

Our labor attorneys can represent workers in various employment-related claims, including: 

• Sexual harassment
• Discrimination
• Wrongful termination
• Wage theft
• Retaliation
• Family and medical leave denial

Employees deserve to be treated with respect and dignity by their employers. Unlawful labor practices, such as wage theft, discrimination, and sexual harassment, are illegal. Let us look at the cases employment attorneys handle in more detail:

Wage and Hour Violations

Several federal and Florida wage and hour laws protect employees from exploitation. Common wage and hour violations include:
 
Minimum Wage and Overtime Pay Violations

Deland employers must pay their non-tipped employees the current minimum wage of $10 an hour and compensate tipped workers with $6.98 per hour. Most workers are entitled to overtime pay at one and a half times their regular pay for hours worked over 40 in a week. 

If your employer fails to compensate you according to Florida’s minimum wage and overtime laws, you could have legal recourse and file a claim for back pay.
 
Misclassifying Employees as Exempt From Overtime Pay

Certain employees do not qualify for overtime pay. Such “exempt” positions generally include:

• Administrators
• Sales professionals
• Executives
• IT professionals
• Contractors

To save on overtime pay, employers in Deland may misclassify their workers as exempt. Failing to pay workers overtime pay is illegal wage theft.

Unpaid Breaks

In Deland, employers are not legally required to offer work breaks. If they do, they must pay staff for short breaks of 20 minutes or less. However, an employer does not have to compensate staff for longer meal breaks of half an hour or more.

Illegal Paycheck Deductions

Some paycheck deductions, such as taxes, court garnishments, insurance premiums, and pension deductions, can be legal. However, deducting money for an employer’s expenses, such as uniforms or work equipment, is generally unlawful. 

Medical and Family Leave Violations

The Family and Medical Leave Act (FMLA) protects employees who need time off for medical or family emergencies. Employees may generally take up to 12 weeks of unpaid leave in the following circumstances: 

• A significant medical condition or temporary disability
• The birth or adoption of a new child 
• Caring for a severely ill close family member 

Under the FMLA’s provisions, workers returning after taking medical and family leave are entitled to their former position or an equivalent post with the same pay and seniority. 

Misclassifying Employees as Independent Contractors

Some Deland companies incorrectly misclassify their workers as independent contractors to save on tax deductions, employee benefits, and overtime pay. Misclassifying employees is unlawful, and those affected can seek damages by filing a claim. 

Workplace Discrimination

Discrimination in the workplace refers to any adverse employment action based on an employee’s disability, age, sex, color, race, or another protected characteristic. The scenarios of workplace discrimination can be almost limitless, with some examples including:

• Screening out certain groups during the recruitment process
• Lower pay and fewer benefits for female employees 
• Excluding older workers from training opportunities or promotions
• Failing to make reasonable accommodations for disabled employees
• Refusing to employ a person due to their national origin or skin color
• Demoting or firing pregnant workers 

Experiencing discrimination in the workplace can be highly upsetting and have detrimental effects on a worker’s career and home life. If this is happening to you, you do not have to stand for it. Morgan & Morgan can be here for you and help assert your legal rights if you experience illegal discrimination. 

Wrongful Termination

Fired employees may feel that their dismissal was in some way wrongful. However, not every worker who gets fired is experiencing a wrongful termination. To have a case against an employer, they must have fired you for an illegal reason, such as:

• Violation of anti-discrimination laws
• Breach of your employment contract
• Retaliation 

Since Florida is an at-will state, proving that your employer wrongfully terminated you can be tricky. Workers who believe they were fired for an illegal reason should promptly seek legal advice from an experienced labor attorney.

Retaliation

Under federal and state law, it is unlawful for a Deland employer to retaliate against an employee. However, in 2021, a whopping 56 percent of all charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) were based on retaliation. Therefore, retaliation complaints are the most frequently filed claims. Retaliation includes harassing, firing, or demoting employees for exercising their employment rights, such as:

• Filing a discrimination claim or helping with an investigation of such a claim
• Filing a workers’ compensation claim
• Joining or forming a union
• Participating in union activities
• Whistleblowing

Proving a retaliation claim can be challenging and will require presenting evidence. If you have been affected by unlawful employer retaliation, our employment attorneys can offer legal advice and help. We can determine your next best steps and move forward with a claim on your behalf.