Employment Law – Worker

Unpaid Hourly Wages

Under both Federal and Florida State law, except for a few exceptions, your employer must pay you for every hour that you work. This simple rule is often not followed by employers. There are many instances in which employers fail to pay their employees for the time they have worked. Below is a list of common violations that employers commit in order to avoid paying employees the full compensation that they are entitled to:

  • • Rounding down time worked
  • • Changing time and payroll records
  • • Not paying employees for travel time between work sites
  • • Not paying employees for work done at home
  • • Not paying employees for training sessions
  • • Not paying employees for time spent in meetings
  • • Failing to compensate interns with proper wages

You should be aware that you do not need to possess records of hours you have worked in order to pursue your claim of unpaid wages. It is the burden of the employer to keep records and documentation of their employees’ time. It is also the employer’s burden to prove that you did not work the hours that you claim you did work and for what you were not paid.

Get the compensation you have earned. Contact an experienced attorney at Oppenheim Law for a consultation. We will assess your unpaid hourly wages claim, inform you about your legal options, and if retained, advocate your rights so that you can be properly paid for your services.

Unpaid Overtime Wages

In many employment relationships, employers may require employees to regularly or occasionally work overtime hours. Under the Fair Labor Standards Act (“FLSA”) most hourly workers who work over forty hours during any given work week must be compensated at their normal hourly rate plus an additional 50% of that rate. This pay structure is typically referred to as “time-and-a-half.” The FLSA surely applies to employees receiving a salary as opposed to an hourly wage. If you have worked overtime hours for your employer and you have not been compensated in accordance to the FLSA, contact an experienced attorney from our firm. We will analyze your claim and inform you as to the remedial actions you may pursue in order to recover the overtime wages that you have earned.


Discrimination in the workplace comes in many forms. Although Florida is an “at will” state and employers may terminate employees for any reason or no reason at all, employers are not legally allowed to discriminate based on race, ethnicity, gender, sexual orientation, religion, age or disability. Both Federal and Florida State law makes it illegal to “discriminat[e] when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.”

We understand how difficult it may be to come out against an employer and take legal actions. However, keep in mind that a victim has only 300 days to seek justice and file an action for workplace discrimination. If you have been discriminated against at your workplace or an employer has taken adverse actions against you for discriminatory reasons, contact our firm. We will provide you with a confidential consultation and help you assess your workplace discrimination case. We will help you analyze the strength of your case as well as potential damages that can be pursued against your employer due to their discriminatory conduct.

Sexual Harassment

Sexual harassment in the workplace is covered under Title VII of the Civil Rights Act of 1984. Workplace sexual harassment includes, but is not limited to, sexual gestures, intentional lies and rumors of sexual activity, unwanted verbal or physical conduct of a sexual nature and requests for sexual favors. Such harassment is illegal when it reasonably interferes with work performance or creates an offensive, intimidating or hostile working environment. Sexual harassment can also lead to other related lawsuits for other claims such as Hostile Work Environment Harassment. If you work in Florida and you have or continue to experience sexual harassment at your place of employment, put an end to it now and seek the justice you deserve. We assure you that our attorneys at Oppenheim Law will provide you with a 100% confidential consultation and help you determine what course of action can be taken in order to compensate you for the harm you have suffered due to workplace sexual harassment.

Family Medical Leave Act/Pregnancy Discrimination

Employers may not discriminate against pregnant women or women of child-rearing age. The most common reasons are fear that the employee will lose productivity, belief that the employee will require too many accommodations once she returns to work, and employers’ fear that they will not be able to afford the costs associated in replacing a pregnant employee while she is on leave. Pregnancy discrimination occurs when someone is discriminated against, fired or not hired because of their pregnancy, or intention to become pregnant. Pregnancy discrimination is the fastest growing type of discrimination in the United States and currently represents about 8% of all discrimination claims filed.

In the U.S., the Family and Medical Leave Act of 1993 (“FMLA”) mandates up to 12 weeks of (potentially unpaid) job-protected leave for various “medical situations”, including parental leave. During this period of leave, an employer may not put your position at jeopardy of being lost. However, not all companies must follow the rules of the FMLA. If you have or are experiencing pregnancy discrimination or if your employer has denied you of your FMLA rights, contact Oppenheim Law for a confidential consultation so that we can assess your case and explain to you the legal options that are available to you.

Non-Compete Agreements

In any dispute that arises regarding a non-compete agreement or clause (the “non-compete”), the most important issue is whether the non-compete is actually enforceable by a court with proper jurisdiction. Generally speaking, the factors that are weighed in determining whether a non-compete will be found to be enforceable are:

  • Employment Restrictions – Are the employment restrictions within the non-compete restricting an employee from working for current competitors or do they also include restrictions on working for companies or performing jobs that are not linked to competitors?
    Duration of the Non-Compete Agreement – Is the duration of the non-compete for a period greater than that needed by the employer to adjust to the loss of the employee? Or is the duration considered a reasonable period in order to protect the employer’s short-term business interests?
  • Unreasonable Restrictions– Are there clauses within the non-compete that call for restrictions that are unrelated to the protection of the company attempting to enforce the non-compete?
  • Geographical Limitations – The question of whether the geographical area being restricted by the non-compete is too broad will always be analyzed in weighing whether the non-compete is enforceable. Another relevant variable in the analysis of geographical limitations is whether an employee will be able to find work near his or her home if the non-compete is deemed enforceable.

Should you feel that your employer has violated your rights, feel free to contact Oppenheim Law. An experienced attorney will assess your claim and explain to you the legal options available to you in order to obtain the justice you deserve.

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