Recent Blog Posts


Mark J. Berkowitz, P. A.

Labor and employment law is complicated and requires the competent help of a Fort Lauderdale employment law attorney. Mark J. Berkowitz, P.A. serves and represents those who have been treated unfairly at work in matters related to benefits, an unjust termination, contracts, non-compete clauses and overtime payment. He has established a reputation as a ...

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Law Firm Misclassifies Secretary As Exempt

Law Firms, beware, employee of firms may not be exempt, under the “exemption analysis.” In this case, the name partner of a Los Angeles law firm was charged as misclassifying his legal secretary as being exempt. ...

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Third Circuit Denies Subjecting Class Action FLSA Claim to Arbitration

The Third Circuit recently affirmed the decision of a Pennsylvania District Court, holding that a class action filed against the operating companies of a senior care facility, is not subject to arbitration. ...

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Commissioned Salesman Might Be Owed Overtime

A highly-compensated employee will not necessarily be subject to an exemption. Plaintiff Sean Freixa earned more than $70,000 in salary and commissions during a one year period of employment of employment between 2013 and 2014. ...

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The Future of the Affordable Care Act and Break Time for Nursing Mothers

Among the many changes recently proposed in Congress to the Patient Protection and Affordable Care Act (“ACA”), one that has not occurred is a repeal of the requirement that certain employers provide break time for nursing mothers. ...

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Amendments To The Fair Labor Standards Act

Employers are generally well aware that they must comply with the main requirements of the Fair Labor Standards Act (FLSA), requiring that (1) employees be paid at least minimum wage. ...

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Judge Bars Miami Beach Minimum Wage Increase

Section 218.077 (2), Florida Statutes, prohibits political subdivisions, such as Miami-Beach, from passing local minimum wages that exceed the state or federal minimum wage. ...

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Ninth Circuit Tackles Exemption For Nursing Coordinator Position

The Ninth Circuit recently ruled that whether a staffing coordinator met the administrative exemption from federal overtime requirements is a factual issue which must be decided at trial. ...

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Three Things You Need to Know When Filing a Whistleblower Claim in Florida

If your employer ordered you to perform any act in the workplace that violates a state or federal law, rule or regulation, you should not feel compelled to comply. You have rights and statutory protections against workplace retaliation, for notifying the ...

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DOJ Strengthens Protections Against Employment Verification Discrimination

A less explicit or noticeable form of discrimination is often encountered by employees during employment verification. For example, if an employer asks a minority applicant, or a transgender applicant, for an inordinate number of documents, and far more ...

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Discrimination Against Transgender Employees Is Unlawful

At least one in five transgender people report experiencing employment discrimination. In fact, in six studies conducted between 1996 and 2006, between 20 percent and 57 percent of transgender individuals said they were discriminated in the workplace, ...

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Pregnancy is a Blessing, Not a Corporate Inconvenience

A young woman in Nashville, Tennessee took legal action against Kroger, a large grocery chain with nearly 100 stores and 12,000 employees, for pregnancy discrimination. The young woman worked at Kroger for two years and had a difficult pregnancy in 2014 ...

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Sexual Harassment While Working for the Government

When an employee working in the private sector is the victim of sexual harassment, a federal agency, namely the Equal Opportunity Employment Commission (EEOC), plays a role in trying to ameliorate the situation; and it is empowered to allow the employee t ...

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Federal Judge Recently Blocks Rule to Expand Overtime Pay for Millions of Workers

Just a week before new overtime regulations were scheduled to take effect, a federal judge in Texas blocked a Department of Labor rule that would have extended overtime eligibility to nearly four million Americans, according to NPR.org. ...

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How Your Employment Contract May be Unenforceable in Court

In general, Florida is an “at will” employment state, meaning that an employer can terminate an employee “at will,” for a variety of reasons. However, there is no prohibition on a .... ...

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In Wrongful Termination Litigation, Do Not Expect Your Employer to Play Nice

Litigation between an ex-employee residing in Florida and her former place of employment is a prime example of why you need to be prepared for a battle when taking legal action against an employer for ...

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No Excuse to Suffer Through Workplace Sexual Harassment

You need to stand up for your rights if you are being subjected to workplace discrimination and/or sexual harassment. There is a possibility that you are not alone, but there needs to be a trailblazer who ...

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Disabled employees are not entitled to more favorable treatment

The Equal Employment Opportunity Commission filed suit on behalf of a former nurse, who had worked in a psychiatric ward, alleging violations of the Americans with Disabilities Act. ...

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Oprah Winfrey Network Sued for Pregnancy Discrimination

When a lawsuit is filed alleging pregnancy discrimination, many people mistakenly assume the claimant is a woman, who was wrongfully discriminated against by a male supervisor. ...

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LGBT Rights and Being Subjected to Workplace Discrimination

In 28 states, it remains legal to fire an employee based on their sexual orientation or gender identity. ...

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When You Are Eligible for Overtime Compensation

For employees who are not exempt, the FLSA requires an employer to pay overtime at a rate of not less than one and one-half times your regular rate of pay after you have worked forty hours of work in a given workweek. ...

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Three Ways to Challenge the Non-Compete Clause

Litigation involving non-compete clauses can become quite contentious and any such case can be drawn out by your former employer. ...

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Workplace Sexual Harassment More Common Than You May Think

A recent Cosmopolitan survey revealed that one in three women between the ages of eighteen and thirty-four have been sexually harassed while at work. ...

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Understanding Florida Sexual Harassment Law

You walk into your office and a co-worker makes a sexually suggestive comment about your appearance and this co-worker has repeatedly made such comments in the past. ...

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Whistle While You Work – Understanding Whistleblower Protection Laws

If you are working for an employer who is knowingly violating the law or even conducting its business practices in a grossly negligent manner, you are legally allowed to “blow the whistle” without suffering the loss of your job. ...

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Enforcing the Law on Law Enforcement – Florida Police Chief Under Investigation for Sexual Harassment and Discrimination

Sexual harassment can take place in a variety of workplace settings and among a number of professionals, including police who have been given the responsibility to serve and protect the community. ...

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Fight For What You Worked For – Pursuing Unpaid Overtime

Fight For What You Worked For – Pursuing Unpaid Overtime Florida law is clear – if you are an hourly worker and you work more than 40 hours per week, you should be paid overtime. In addition to state law, the federal Fair Labor Standards Act (FLSA) ...

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A limited leave of absence under Rehabilitation Act may constitute an insufficient accommodation, as a matter of law

Plaintiff was subsequently injured by a disruptive student, which in turn, re-triggered the onset of the PTSD. ...

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Race only encompasses an immutable trait, under Title VII

The Eleventh Circuit affirmed the dismissal of the case. It held that Title VII only prohibits discrimination based upon immutable traits, and the proposed amended complaint does not assert that dreadlocks ...

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Is sexual orientation discrimination cognizable under Title VII

The case focused on a Black job applicant hired for a call center job, with no direct contact with the public, who was told she would have to cut off her dreadlocks to confirm the job offer. ...

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Pursuing a Wrongful Termination Claim in Florida

You were fired from your job and you suspect the motive behind the dismissal was your age, health, or maybe even a personal dislike by your superior(s). Do you have a wrongful termination claim? ...

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Understanding Workplace Harassment and Your Legal Rights

If you arrive at work each day with a sense of fear, dread, and anger over continuous harassment by co-workers and/or superiors, you may be able to pursue a civil remedy against your employer. If does not matter if the harassment is overt or subtle. ...

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Enforceability of a Non-Compete Clause in Florida

You have decided to leave your current job and accept a new position with a different company. You are excited to pursue a new opportunity and embrace a new challenge. Suddenly, your excitement turns .... ...

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Age Discrimination

Age discrimination involves treating someone, either an applicant or employee, less favorably because of his age. ...

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National Origin Discrimination

National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular county or part of the world, because of ethnicity or accent, ...

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Determining the Likelihood of a Pretrial Settlement Offer

According to a Ft. Lauderdale employment attorney, there are several factors that an employer and its lawyer will consider while evaluating whether to make a settlement offer prior to litigation. ...

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Fort Lauderdale Employment Law Firm Helps Workers Combat Unfair Retaliation

Are you working in an unsafe environment? Is your employer requiring you to perform tasks in violation of state and federal law? ...

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Fort Lauderdale Attorney on Bargaining Process in Union Contracts

The bargaining process between a union representing the employees and an employer, also known as collective bargaining, consists of negotiations between the two that determine the condition of employment. ...

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Fort Lauderdale Non-Compete Agreements Attorney

Non-compete clauses are important provisions in many employment contracts and agreements. ...

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Non-compete Agreements are Enforceable

In contravention of the general rule that any constraint on trade is undesirable, Florida is among a minority of states that presume a non-compete agreement to be valid. ...

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Fort Lauderdale Sexual Harassment Attorney

Sexual harassment involves unlawful discrimination based upon gender. Such claims may be based either on a “hostile work environment,” or upon the forcible exchange of sexual favors on a “quid pro quo” basis. ...

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A Fort Lauderdale Employment Lawyer on How an Employee Proves a Discriminatory Motive

Florida has established laws in place that protect employees and job applicants from discrimination. ...

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Fort Lauderdale Wage and Hour Attorney

The Fair Labor Standards Act is a complex federal law which mandates that non-exempt employees, who work more than forty hours per week are entitled to overtime compensation, at the rate of one and one half times their normal base wage rate. ...

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A Fort Lauderdale Employment Lawyer Examines Tactics Used by Employers in Investigations

An employer is likely to conduct its own investigation into your case. In some situations, employers will attempt to use their investigation as an improper means of finding out about the case. ...

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Harassment Deposition Goals

In sexual harassment depositions, our Fort Lauderdale employment attorneys can explain that there are two critical issues. The first is what the plaintiff alleges was the harassing conduct. The second issue is the extent of the harassment. ...

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A Fort Lauderdale Employment Law Office on Whistleblower Protections

Florida has put in place laws that protect an employee who reports illegal activities on the part of their employer. ...

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Discovery Tactics Employers Use

If you have filed a complaint that alleges that you were wrongfully terminated or that you were a victim of discrimination, your employment lawyer in Fort Lauderdale may warn you that your employer may ...

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Employment Discrimination Attorney Discusses Workplace Misconduct

As any Ft. Lauderdale employment discrimination attorney will explain, workers are heavily protected by both federal and state law prohibitions on discrimination. ...

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Understanding Various Reasons for Objections in an Employment Deposition

Your Fort Lauderdale employment attorney can explain various terms that might be used if your lawyer objects during the deposition. ...

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Representation by the Equal Employment Opportunity Commission

If you have a grievance against your employer for workplace discrimination or harassment, an employment lawyer in Ft. Lauderdale can help you through the process of filing your claim. ...

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Determining to Take Part in Joint Representation

One of the first aspects of a case that a Ft. Lauderdale employment law office might discuss with you about your employment case is liability. A Ft. Lauderdale employment law office might explain when both an employee and the company can be found liable. ...

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Advice on How to Testify at Your Deposition

An important part of your case is the testimony you provide at your deposition. A Fort Lauderdale employment attorney has prepared the following tips to help you avoid common pitfalls and mistakes. ...

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How Lawyers Evaluate Cases

A Ft. Lauderdale employment lawyer must objectively evaluate each case in front of him or her. Here are a few red flags that may influence a Ft. Lauderdale employment lawyer not to take a case. ...

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Settlement Taxes

As you approach the date that you will receive your settlement, the Ft. Lauderdale employment law office that is handling your case may discuss different deductions that will be taken out of your check. ...

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Documented Evidence

In your employment case, it is easy to believe that your employer has all of the power. He or she will likely have the majority of documents to help persuade the examiner of his or her side. ...

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Direct Evidence of Employment Discrimination During Depositions

A Ft. Lauderdale employment discrimination attorney will explain to you that, as part of your employment discrimination lawsuit, depositions may be taken by the lawyers for both sides. ...

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Conduct That Constitutes Sexual Harassment

As you discuss your sexual harassment claim with a Ft. Lauderdale sexual harrassment lawyer, you will likely describe what has transpired in your case. ...

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Contact from the Defense Attorney

An attorney from the Fort Lauderdale employment law firm that represents you can explain that you may hear from the defense attorney or your former employer after your employer receives your demand letter. ...

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Mark J. Berkowitz, P. A.

Labor and employment law is complicated and requires the competent help of a Fort Lauderdale employment law attorney. ...

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Rejecting an Offer of Reinstatement

If you are embroiled in a lawsuit against your employer, a Ft. Lauderdale employment law firm might discuss the potential of you receiving a reinstatement offer. ...

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Evidence of Workplace Harassment

A Fort Lauderdale harassment lawyer is well versed in laws pertaining to workplace harassment and knows that Title VII of the Civil Rights Act of 1964 prohibits harassment because a person is part of a protected class. ...

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Preparing for Your Deposition

One of the critical moments in your sexual harassment case is when your Fort Lauderdale sexual harassment lawyer defends your deposition. In order to have a positive experience, your Fort Lauderdale sexual harassment ...

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Evaluating Your Employer

When evaluating an employment case, your attorney will want to learn as much as possible about any potential defendants. Here are the two most important elements your attorney will look for when assessing your employer: ...

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Questions at Discrimination Deposition Legal Elements

Clients of a Fort Lauderdale discrimination lawyer frequently ask about the information that must be covered in a deposition for employment discrimination. ...

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Developing a List of Characters

In a Ft. Lauderdale employment case, ample planning must go into both the plaintiff’s and the defendant’s side. ...

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Evaluation of Defendant Company

During your case against your employer, a Ft. Lauderdale employment lawyer may wish to evaluate the defendant company. Through a thorough analysis, a Ft. Lauderdale employment lawyer may be able to determine strategies ...

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An Employer May Examine Email and Computer Activities

In an employment case, clients of a Fort Lauderdale sexual harassment lawyer frequently have questions about the tactics the employer will use to try and formulate a defense. ...

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Employment Law Deposition Questions

A Ft. Lauderdale employment attorney may walk you through the process of taking a deposition. ...

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Helpful Employment Documents

If you are in the process of filing a claim against your employer, a Ft. Lauderdale employment law attorney might recommend that you bring in certain documents. ...

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Interview Strategies an Employer Will use to Accumulate Information

Clients of a Fort Lauderdale labor employment lawyer often ask about the strategies the former employer might use to accumulate evidence against you. ...

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Protecting the Confidentiality of an Employment Lawsuit

There are some steps a plaintiff can take to protect the confidentiality of a case during a deposition. A Ft. Lauderdale employment law firm may be able answer a plaintiff’s questions regarding a deposition and confidentiality. ...

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How an Attorney Will Assess a Client in the Initial Meeting

Clients of a Fort Lauderdale harassment lawyer often wonder about the evaluation between attorney and client prior to agreeing to work together. ...

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Dangers of Depositions

Before you sit for your deposition, your employment attorney in Fort Lauderdale can discuss the pitfalls and dangers of depositions. Before your deposition date, be sure to review this list to make sure that you provide ...

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Assessing Economic Damages

One of the most common questions that a Fort Lauderdale employment lawyer will hear is how much a particular case is worth. However, the answer to this question relies on how much damages you can prove. ...

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Qui Tam Whistleblower Laws

Qui tam is a term that refers to civil lawsuits that can be brought by whistleblowers on behalf of the government against a person, company or entity that is accused of defrauding the government. ...

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Information about Employer Insurance Policies

Probably the most important aspect of your case is the ability for you to recover damages. An attorney from the Fort Lauderdale employment insurance law firm can explain that various insurance policies may be available to help indemnify the employer. ...

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Covering Lost Wages in a Deposition

As a Ft. Lauderdale wage and hour lawyer can explain, one of the areas the defense attorney will cover during your deposition is the damages, meaning the amount of money that you are asking for in your lawsuit. ...

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Eligibility for Social Security Disability

If you are struggling to work or to hold onto a job, you might be wondering if you should apply for disability. Our Ft. Lauderdale Social Security lawyer can review your individual situation and provide you with more information. ...

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Issues Pertinent to a Sexual Harassment Case

Sexual harassment cases get a lot of airtime in the media these days, especially in fictional television shows. However, the reality of what constitutes sexual harassment and the criteria necessary to prove ...

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Employer Retaliation

State and federal statutes prohibit employers from retaliating against employees who have participated in any government investigations or have opposed any unlawful practices. In order to determine ...

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A Defense Request for a Mental Health Examination

If you are filing a civil lawsuit against your former employer, the defense attorney might request that you undergo a mental health examination. You should be aware that they might be using this tactic in order to ...

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Wrongful Termination

Florida, like many states, is an “at-will” employment state, which means that employers can legally terminate employees without cause. However, the termination or discharge must not violate the law. ...

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At-Will and Contract Employees

Employees are generally divided into two categories: at will and contract. At-will employment means that an employer may terminate an employee without cause, provided the termination does not violate the law, ...

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Benefits of Arbitration for Employers

Your Ft. Lauderdale employment attorney can explain that arbitration may be mandatory as part of your employment contract. In other cases, your Ft. Lauderdale employment attorney will inform you if one of ...

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Quid Pro Quo Sexual Harassment

Florida is considered what a Fort Lauderdale sexual harassment lawyer deems an “at-will” employment state. This means that there are few limitations on how an employer can treat an employee. ...

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Insurance for Directors and Officers

Fort Lauderdale employment lawyers may ask a series of questions about an employer’s insurance coverage. Here are two types of coverage that Fort Lauderdale discrimination ...

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Topics for Depositions

Before your deposition, your Fort Lauderdale employment law lawyer will discuss the role that depositions will play in your case. Primarily there are three main subject areas that the attorneys will focus on. ...

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Pretrial Settlements

After your Fort Lauderdale employment attorney completes the discovery process, you and your attorney may discuss the possibility of settling your case. If the employer’s liability is relatively clear, the Fort Lauderdale employment law firm ...

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What Title VII Does Not Protect

While some employees may think that all forms of discrimination are prohibited by Title VII, an attorney at the Fort Lauderdale employment law firm that represents you can explain that this is not the case. ...

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Employment Contracts Trump At-Will

Florida is an at-will employment state. This provides a great deal of freedom for both the employee and employer. The employee is free to leave the job at any time and work for a competitor, for example. ...

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Overtime Laws

Florida law closely mirrors the federal Fair Labor Standards Act with regard to overtime; that is, non-exempt employees must receive overtime pay at the rate of one and one-half times the regular pay for each hour worked in a work week in excess of 40. ...

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Deposition Preparation in Retaliation Cases

To prepare for your deposition, an attorney from the Fort Lauderdale employment law firm that represents you will meet with you. Fort Lauderdale employment attorneys can explain what a retaliation claim is and ...

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The Definition of Disability According to ADA

The Americans with Disabilities Act of 1990 specified that discrimination was illegal against someone who has a disability. ...

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Involving Your Broker If You Are Denied Insurance

There are situations in which employers have insurance, but coverage is denied on a claim. This is not the end of the road, because there are things you can do to counter such a decision. It is vital t ...

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Recommendation Letters

As part of your settlement agreement with your employer, your Ft. Lauderdale employment lawyer may negotiate a recommendation letter. Here are a few options that your Ft. Lauderdale employment lawyer ...

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Non-compete Agreements are Enforceable 1

In contravention of the general rule that any constraint on trade is undesirable, Florida is among a minority of states that presume a non-compete agreement to be valid. Although some employers will suggest that such an agreement is binding and they will ...

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