skip to Main Content
HERO-IMG2

Destin Employment Lawyers

Employment law governs the rights and duties of employers and workers. Also referred to as labor law, these rules are primarily designed to keep workers safe and make sure they are treated fairly, although laws are in place to protect employers’ interests as well. Employment laws are based on federal and state constitutions, legislation, administrative rules, and court opinions. A particular employment relationship may also be governed by a specific contract.

Triangle shapes that decorate the pages.
5050 IMG2

Employment Law Deals With:

  • Compensation of injured workers
  • Wage violations
  • Overtime pay
  • Any other employment violation

Compensation of Injured Workers

Workers are injured on the job every day in the U.S. Although most workers are entitled to workers’ compensation benefits for work-related injuries or illnesses, full benefits may be difficult to obtain. If you have been injured on the job in Northwest Florida, you can turn to our Matthews & Jones for expert legal assistance with your workers’ compensation claim. We care about your physical and emotional recovery, and we can help you pursue the resources you need for your medical treatment, your lost wages, and your future health.

Arrow icon that indicated point of interest on page.

Which Injuries are Not Covered by Florida's Worker's Compensation Laws?

Worker’s compensation will cover most injuries that occur in the normal course of your employment. However, some injuries do not qualify, such as mental anguish coverage due to stress at work or problems with a co-worker. Worker’s compensation also does not cover injuries related to the use of alcohol, narcotics, or other controlled substances.

If you doubt whether Florida’s worker’s compensation laws cover an injury, you should file a claim. You need to report the accident or injury to your employer within seven days; otherwise, your claim will be denied even if your injury qualifies for benefits. Moreover, you must file claims with the Division of Administrative Hearings no later than two years from the injury or accident date. Failure to meet all of the required deadlines will result in your claim being promptly denied as an untimely filed claim.

CTA-2
CTA-3

What Types of Claims are Covered by Florida's Worker's Compensation Laws?

Worker’s compensation is designed to pay for medical treatment when an employee is injured on the job. It also provides financial support during the time the employee is out of work. Worker’s compensation does not completely reimburse you for your lost wages; however, it does pay about two-thirds of your wages while you are out of work due to a work-related injury.

Worker’s compensation is an exclusive solution when you are hurt at work. Unless the employer did something on purpose to cause your injury, you could not sue your employer for an accident at work. Negligence is not a cause of action to sue an employer for a workplace injury.

Therefore, most injuries and illnesses that are work-related are covered by worker’s compensation. Work-related injuries that are covered by workers’ compensation in Florida include:

  • Illnesses or injuries caused by repeated actions or motions
  • Illnesses related to continuous exposure to dangerous chemicals, mold, toxic fumes, and other hazardous materials
  • Injuries sustained in a fall
  • Injuries related to an accident involving machinery
  • The acceleration or worsening of a pre-existing condition
  • Injuries from a vehicle accident while on the job

Wage Violations

Many of the employment disputes that result in litigation deal with “wage and hour” violations. Federal law establishes baseline rules with respect to these issues, and then states are free to pass laws providing additional protections. For example, federal law requires a minimum wage of $7.25 per hour. Several states have approved a higher minimum wage, and employers in those states must comply.

Arrow icon that indicated point of interest on page.

However, these laws can be very complex, and it is important that employers carefully follow these laws or risk facing a wage claim in court. Employees deserve to be paid for their work following the law, and if you believe your employer has violated wage and hour laws, you may have a valid case against them. The attorneys at Matthews & Jones can help you with a wide variety of wage claims, including:

  • Not being paid deserved wages
  • Not receiving paychecks in a timely fashion
  • Receiving improper payroll deductions
  • Not being paid deserved overtime wages
  • Not being paid for “off-the-clock” work
  • Being misclassified as exempt or independent contractors by an employer to avoid adhering to labor laws
CTA-4
CTA-5

If you believe that you have experienced wage violations, you should seek legal representation as soon as possible. There are time limitations for wage claims, so you should not delay consulting with a Florida employment law attorney regarding a possible case. We have handled countless successful wage claims and will fight to get you the compensation you deserve for the work you performed.

Overtime Pay

Wage and hour laws also regulate overtime pay. The federal government does not place limits on the number of hours adults may work per week, but after 40 hours’ time and a half must be paid. Rules exist to control the hours and working conditions for workers under age 18, with special provisions for those working in the agricultural sector. In addition, these laws require employers to post notices and keep basic payroll records.

According to the Fair Labor Standards Act, workers who are non-exempt from overtime pay are entitled to overtime wages in multiple situations. When your employer has refused to provide you with overtime wages to which you are entitled, you have two options: pursue a claim through the Wage and Hour Division or seek compensation through an employment lawyer.

Arrow icon that indicated point of interest on page.

How Employers Avoid Paying Overtime

Some employers use a variety of tricks to avoid paying overtime. Knowing some of the methods employers utilize can help you identify any wrongdoing. If you suspect your employer of wrongdoing, your next step should contact an experienced employment law firm.

CTA-6
CTA-7

They Don't Pay for Every Hour You Work

It doesn’t matter if you had to write one email during lunch or answer a phone call after getting home from the office. Any activity you perform that benefits your employer (whether at the office, home, or on the road) must be paid.

 

Here is a list of compensable time duties that employees often perform without knowing they must be paid for them:

  • Cleaning equipment
  • Checking and answering emails from home
  • Answering phone calls
  • Security checks
  • Putting on equipment
  • Working during lunch breaks

They Misclassify You as an Independent Contractor

Independent contractors are not protected by federal law and do not earn overtime pay. Your employer may attempt to classify you as an independent contractor to avoid paying overtime benefits.

CTA-8
CTA-9

They Misclassify You as an Exempt

Another way you may be denied overtime pay is if your employer has listed you as an exempt employee either intentionally or by accident. Employees considered “exempt” are not entitled to overtime pay even if they work more than 40 hours in a week.

They Try to Average Your Overtime Work

Let’s say that you worked a total of 45 hours in one week and 35 hours during the next week. You should receive five hours of overtime pay for week one. Your employer may try to average the amount you’ve worked during this period and say that you worked only 40 hours. This is especially practiced with employees that are paid every two weeks.

CTA-10
CTA-11

They Force You To Take Comp Time

Some companies offer their employees “comp time” or hours to use for sick days or vacation instead of paying for overtime. It’s important to know this is against the law.

Your Employer Collects a Portion of Your Tip

Many employees who work for tips, such as waiters, bartenders, etc., put their tips in a pool and share them among tipped workers at the end of the day. If your manager or business owner collects a portion of the pool tip, they commit wage theft. By collecting a portion of the pooled tips, the employee’s hourly pay may fall below the minimum hourly wage required under federal law. 

CTA-12
CTA-9

Unpaid Overtime Is Wage Theft, Get Legal Counsel Now

Failure to collect compensation for your overtime is a form of wage theft. Not only is this illegal, but it may also classify as work discrimination. More often than not, employees are not aware of their rights or are afraid that their employer will retaliate against them if they file a complaint.

Other Employment Violations

United States labor laws trace back to public outcry against the oppressive practices of the industrial revolution. In the early 20th century, the first laws were passed to compensate injured workers, establish a minimum wage, create a standard workweek, and outlaw child labor. In the 1960s and ‘70s, Congress acted to prohibit discrimination and unsafe work conditions. Current issues involve employee healthcare and equal pay for men and women.

Discrimination in the workplace is another basis for many employment law cases. The Civil Rights Act of 1964 and subsequent legislation makes it illegal to treat workers differently based on ethnicity, religious beliefs, gender, age, or disability. Hiring an attorney to pursue a discrimination claim is recommended, as detailed procedures must be followed, such as obtaining a Right-To-Sue letter from the Equal Employment Opportunity Commission (EEOC). If you’re looking for assistance in handling your legal employment issues, reach out to us.

Arrow icon that indicated point of interest on page.

What Is Employment Discrimination?

An employment discrimination case requires that we prove you suffered “adverse employment action” as part of a protected class of people. A protected class can include race, nationality, disability, age, gender, religion, sexual orientation, pregnancy, or marital status.

Many discriminatory behaviors can qualify as hostile employment actions, including:

  • Refusal to hire
  • Retaliation for reporting of discriminatory employment practices
  • Promotion discrimination
  • Unfair discipline
  • Termination
  • Unequal wages or demotions
  • Denial of training
  • Sexual “quid pro quo” favors and sexual harassment

If you experience any of these discriminatory behaviors because of your protected class status, contact Matthews & Jones. We are proud to protect employee rights across the Emerald Coast.

CTA-14
CTA-13

What To Do If You Face Discrimination In The Workplace

Employment discrimination and harassment cases have strict deadlines set by federal and state laws. If you experience harassment, our attorneys will help you file a claim. We will work with investigators and keep you updated with any new developments.

Matthews & Jones Attorneys Practicing Employment Law

Contact Destin Law

Federal and state laws protect your right to a workplace free from discrimination and harassment. If you experience employment discrimination because of your gender, age, religion, or other protected class, we can help. The attorneys at Matthews & Jones, LLP, will fight to protect your employee rights and work to get your deserved compensation. Our approachable lawyers give clients knowledgeable counsel and explain the law in straightforward terms.

Our employment law attorneys understand the serious consequences that employers and employees face in a shaky employment relationship. The attorneys at Matthews & Jones will work to get you proper compensation for your case. Our lawyers will fight to get you the best possible outcome for your employment law case. Contact us to get experienced representation for your employment law case in Florida.

Our employment law attorneys understand the serious consequences that employers and employees face in a shaky employment relationship. The attorneys at Matthews & Jones will work to get you proper compensation for your case. Our lawyers will fight to get you the best possible outcome for your employment law case. Contact us to get experienced representation for your employment law case in Florida.

Back To Top