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Employment Law FAQ

Answers to Frequently Asked Questions About Employment Law


 

If you are employed in the state of Florida, New York, Illinois, New Mexico, or Colorado you likely know that you have certain rights. However, not all workers know the full extent of their legal rights. At USA Employment Lawyers, we believe that the more informed you are, the better prepared you are to take action when your rights are violated. Browse our employment law FAQs to find answers to commonly asked employment law questions, or reach out to our firm to schedule a free case evaluation with an employment law attorney in Fort Lauderdale. We are happy to discuss the details of your case and help you devise a personalized plan of legal action.

 
    • What Is a Collective Action Lawsuit?
      A collective action is a multiple plaintiff lawsuit that is filed when there is an alleged violation of employees’ right to federal minimum wages or federal overtime pay under the Fair Labor Standards Act (“FLSA”). Under the FLSA, any employee who is a victim of wage theft can file a collective action against a current or former employer for themselves and for those “similarly situated” to them who join the case. Employees who wish to be part of the collective must opt-in to the lawsuit by submitting a consent-to-sue form that will be sent to them upon the court's conditional certification of the lawsuit. The FLSA protects plaintiffs by forbidding defendants from threatening or otherwise retaliating against them for participating in a lawsuit.
    • What Does a Class Action Require?
      A class action only requires one representative to be filed. A class representative is an individual who has been harmed, believes others have experienced similar monetary injuries from the same action, possesses a desire for that action to end, and wishes to be remunerated for any monetary damages incurred by the wrongful actions. The class representative will help represent the suit as the “lead plaintiff” and they, along with the attorneys, represent the interests of the class. The claims or defenses of the other plaintiffs must be typical of the lead plaintiff. The common issues between the class and the defendants must predominate the proceedings.
    • Do I Qualify for Overtime Wages?

      Overtime wages are available to employees who work more than 40 hours in one week. These workers are entitled to receive overtime wages of one and a half times their normal hourly rate of pay. However, there are certain exceptions to overtime, and not all employees are entitled to receive overtime wages.

    • Can My Employer Pay Me Less Than Minimum Wage?
      In most cases, all employers in the state of Florida must pay their employees the highest applicable minimum wage which, in this case, is the state’s minimum wage of $12.00 an hour. One exception to this involves tipped employees. Employers may pay tipped employees less than minimum wage if they choose to apply the “tip credit.” In such cases, it is assumed that the employee will make up the difference in tips. The tip credit in Florida is $3.02 an hour, meaning employers may pay tipped employees as little as $8.98 an hour.
    • What Is an At-Will State?
      Even though each US state has its own employment laws, employment is generally considered at-will. That simply means that an employer may fire an employee for any reason at any time, as long as the basis for firing is not discriminatory, retaliatory, or otherwise illegal in nature. There is usually no burden on employers to prove "just cause," although some states allow for exceptions.
    • Can I Sue My Employer?

      Yes, it is possible to sue your employer if he or she has acted illegally. Prior to taking legal action, however, it is important that you understand your rights as an employee. Federal and state employment laws make it illegal for your employer to discriminate against you based on certain protected classes. It is also illegal for your employer to retaliate against you for speaking up for your wage rights under the FLSA or other applicable laws.

      If you believe your rights have been violated, you can take legal action against your employer. It is important that you speak to an experienced employment law attorney who can help you navigate this process. Contact the team at USA Employment Lawyers for a free case evaluation today.

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If you are facing an employment-related dispute, contact our employment law attorneys by phone at (800) 483-0998 or online and request a confidential case evaluation.