Florida – July 31, 2022
Florida business owners should consult with business lawyers with questions regarding an entity’s operational startup and growth plan including a review of company information to adhere to state and federal labor laws. Federal and state labor laws regarding pay, benefits, leave time, hiring practices, discrimination and safety should be included as part of all employer policies. Legal professionals are instrumental in drafting standard operating procedures for small companies.
Violations of labor law.
Orlando businesses can be sued and suffer financial ruin and close down if they do not pay close attention to governing business laws in Florida and at the federal level. Common and costly labor law mistakes business entities may make include violations of:
- Not adhering to the minimum wage and overtime requirements per law,
- Not providing a safe working environment for employees,
- Failure to provide workers’ compensation for on-the-job injuries,
- Misclassification of employees,
- Discrimination, or harassment of employees.
1. Minimum wage and overtime.
The Federal Labor Standards Act requires overtime pay of at least one and one-half times the regular rate of pay for hours worked in excess of 40 hours per workweek and the states follow suit. Regular rate requirements define what forms of payment employers include and exclude in the “time and one-half” calculation when determining workers’ overtime rates. State-specific nuances of the wage laws can be reviewed with an Orlando business law attorney.
2. Safe working environment.
The Occupational Safety and Health Act (OSHA) was created to ensure workplace safety for employees. If an employer does not take the appropriate measures to make the workplace safe, they can face OSHA sanctions and fines, along with formal complaints and lawsuits from employees.
3. Workers’ compensation.
Florida requires employers to carry some sort of workers’ compensation insurance to pay for work-related injuries. In almost all cases, if a worker sustains an injury while working for a specific employer, that employer must cover the costs related to that injury. These costs include medical fees, rehabilitation fees, and the wages not being earned due to disability. Failing to cover these costs will be a labor law violation and a complaint can be filed with the state’s workforce commission.
4. Employee misclassification.
Some employers try to classify workers to minimize the wages paid to that person. This misclassification results in a labor law violation. An example of this labor law violation is trying to classify someone as a salaried employee when they are an hourly employee.
5. Workplace discrimination.
Federal and state laws are in place to protect employees against the harms of negative workplace interactions. A common sub-sector of negative employer acts that employees may not be aware of, includes employer actions of retaliation when an employee reports possible discrimination, or harassment on the job.
Hire a business law attorney.
Business owners should seek the professional services of a business law attorney as they can educate new businesses on the importance of referencing and adhering to federal and state law when creating the standard operating procedures and polices of their business entity. Attorneys at Legal Counsel, P.A. will answer pointed potential labor law violation questions, and review necessary documents to determine if a business is following Florida and Federal laws and regulations.
Legal Counsel, P.A.
189 S. Orange Ave., Ste. 1800
Orlando, Florida 32801