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Employment Law

"Concentration and mental toughness are the margins of victory."

- Bill Russell

Employment Lawyers – Bringing Fair Play and Justice to the Workplace

Florida’s Trusted Employment Law Attorneys

Serving Florida from our offices in Miami

The experienced and dedicated team of professional employment lawyers at the Law Firm of Keith M. Stern, P.A. is committed to safeguarding the rights of all employees by helping them successfully navigate the complexities of diverse labor and employment laws. We know that these laws are often confusing and intimidating for both employers and employees alike. We also provide customized legal strategies to businesses who are grappling with the balancing act required to simultaneously comply with these laws and ensure that their employees’ best interests are protected while achieving the companies’ business objectives.

Employment Law

Employment law covers a very wide scope and can very complex in the state Florida. The Law Firm of Keith M. Stern P.A. will work to help you understand the law and how it applies to your situation and employment issue. Although Florida is a work at will state that does not mean federal and state law can be ignored. Below are some for the employment law issues our firm handles.

Florida Violations for Unpaid Overtime

It is illegal for an employer to retaliate against an employee for making a claim to receive unpaid overtime compensation, so you should pursue such a claim with the assistance of seasoned employment lawyers.

CTA

Because Your Work Is Our Business, If You Believe You Have Not Been Fully Compensated For All Of Your Overtime Hours Worked Within The Past Three (3) Years, Call 866-319-3286 To Learn How Our Miami Unpaid Overtime Lawyers Can Help You.

Please consider giving our expert employment attorneys a call if you, or anyone you know, have encountered any of the following unpaid or underpaid wage situations in their place of employment in the last three (3) years:

  • being misclassified as an ‘exempt’ employee
  • rest or meal break deductions for 20 minutes or less
  • working ‘off the clock’
  • being given a ‘bonus’ or cash in lieu of time and one-half wages
  • being incorrectly labeled an ‘independent contractor’
  • not being compensated for overtime hours in sales and commission-based jobs
  • being paid on a piece-rate basis without overtime compensation
  • being offered ‘comp time’ instead of overtime pay

Claims Based on Minimum Wage Violations

The federal minimum wage is $7.25 per hour, based on the Fair Labor Standards Act (FLSA). However, workers in Florida have a higher hourly minimum wage of $8.25. This means that employees can seek to recover unpaid minimum wages from a covered employer going back as far as five (5) years.

Collective or Class Action Lawsuits

The Law Firm of Keith M. Stern, P.A. handles individual, collective and class action lawsuits for employees throughout the United States. A collective action is created when multiple employees who are similarly situated are required to sign a Consent to Join in order to ‘opt in’ to the case. Frequently, the employer involved will have failed to comply with the requirements of the FLSA concerning either timekeeping practices or the payment (or lack thereof) of wages. On the other hand, in a class action, once the class of employees has been certified by the court, the members of the class are considered to be automatically included and do not have to sign anything to participate in the class action lawsuit.

Cases Involving Employment Discrimination

Since most employment situations are not governed by written contracts signed by both the employee and the employer, they are considered to be ‘at-will’ employment, and either the employer or the employee can end the employment at any time for any reason. Without the protection of federal and state employee discrimination laws, there would be an enormous number of employment situations that would be unfairly affected by common forms of discrimination, such as those attributable to an employee’s race, gender, medical status, age, nationality, and many other factors which truly have no bearing on an employee’s work capabilities.

The attorneys at the Law Firm of Keith M. Stern, P.A. have represented both employers and employees for many years before federal and state courts and government agencies in cases arising from workplace discrimination. This abundance of experience not only includes employment law and claims of employment discrimination, but civil rights actions as well.

The following is a merely representative, but not a fully comprehensive, list of some of the wide-ranging matters which the Law Firm of Keith M. Stern, P.A. has provided both legal counsel and/or litigation representation:

  • Charges of Discrimination before the Equal Employment Opportunity Commission (EEOC)
  • Age Discrimination in Employment Act (ADEA)
  • Americans With Disability Act (ADA)
  • AIDS and HIV-related Discrimination
  • Affirmative Action Plans and Compliance
  • Civil Rights Violations
  • Constitutional Torts
  • Constructive Discharge
  • Drug and Alcohol Testing Requirements
  • Employee Benefits Litigation under the Employee Retirement Income Security Act (ERISA)
  • Employee Performance Appraisal Issues
  • Employee Privacy Rights
  • Equal Pay Act (EPA)
  • Family and Medical Leave Act (FMLA)
  • Florida Civil Rights Act (FCRA)
  • Gender Discrimination
  • Health-based Discrimination
  • Immigration-related Discrimination
  • Intentional and Negligent Infliction of Emotional Distress
  • International Employment
  • Military Service-based Discrimination
  • National Labor Relations Act (NLRA)
  • National Origin Discrimination
  • Occupational Safety and Health Act (OSHA)
  • Older Worker Benefit Protection Act (OWBPA)
  • Permissible Hiring and Interviewing Procedures
  • Pregnancy Discrimination
  • Race Discrimination
  • Religious Discrimination
  • Sexual Harassment
  • Sexual-Orientation Discrimination
  • Title VII of the Civil Rights Act of 1964
  • Workers’ Compensation Retaliation

Whistleblower and Retaliation Claims

When an employee reports a violation of the law by either filing an internal claim or working through an outside agency to legitimately report on a policy of their employer which they believe is illegal, it is known as whistleblowing. Both the federal government and many state governments have laws on the books to protect whistleblowers, because it is believed that they play a vital role in helping to keep the workplace accountable.

The extensive experience of the Law Firm of Keith M. Stern, P.A. combined with their thorough knowledge of all aspects of employment law has not only earned them the highest AV Peer Review rating from Martindale-Hubbell, but also makes them the perfect choice to help protect all of your employment rights.

Unemployment and Severance

Many states have enacted laws that provide for the issuance of unemployment compensation when an employee’s job ends, unless it was the result of misconduct on the employee’s part or the employee voluntarily quits without a good reason based on the employer’s mistreatment of the employee. Notwithstanding these laws, unemployment insurance claims are very common as the unemployment compensation is frequently wrongfully denied. It is at those times that the services of the Law Firm of Keith M. Stern, P.A. can be most valuable.

Another way in which job termination can be addressed is through the use of a severance or separation agreement. When the employer agrees to make certain payments at the end of an employee’s term of employment, they receive in return the benefit of avoiding potential future claims or litigation. The employee is provided with a post-employment ‘cushion’ to provide some temporary income while they seek new employment, in exchange for agreeing not to make any such claims against the employer. These types of agreements are best crafted by a seasoned practitioner, like one of the attorneys at the Law Firm of Keith M. Stern, P.A.

Management Representation

As an employer in today’s marketplace, the best protection against labor and employment crises is to initiate a practice of preventative maintenance. What better place to turn to for the vital details of what to do and what not to do than a very experienced labor and employment law firm who has represented thousands of clients in winning a broad array of employee employment lawsuits? The Law Firm of Keith M. Stern, P.A. can help you to identify problematic situations before they even get started. Their cost-effective counseling can provide you with an excellent viewpoint for hiring and firing decisions, non-compete agreements, and compliance issues with the Fair Labor Standards Act (FLSA).

One special highlight for your consideration: the fluid nature of the FLSA time keeping and compensation requirements makes the benefit of a regular employment audit an excellent concept to ensure compliance with all such guidelines.

Call today to discuss your employment law issue with
the Law Office of Keith M. Stern, P.A. during a free consultation!