Employment Law Overview
Understanding applicable employment laws and lawsuits in Miami, Florida
Employment laws exist to protect both employees and employers in the workplace. All workers—management and staff alike—should familiarize themselves with their rights and responsibilities under employment law and make sure that those rights are honored at work to know when to seek the legal assistance of a lawyer.
Employers' rights and responsibilities
Employers are required to comply with a number of state and federal laws that regulate their relationships with employees. They must abide by rules concerning all aspects of employee management, including:
- Appropriate hiring practices, such how to conduct interviews and vet job applicants without invading their privacy.
- Wage and hour laws and limits—offering at least the minimum wage, paying for overtime and compensatory time, etc.
- Avoiding harassment and discrimination based on gender, age, race, pregnancy, sexual orientation, disability, national origin, or other minority characteristics.
- Issues relating to employee leave, such as the minimum requirements for sick days, extended sick leave, vacation time, parental/maternity leave, and personal time.
- The necessary contents of an employee handbook and how to conduct performance reviews and discipline employees.
- How to properly fire an employee without abridging his or her legal rights.
- How to protect your company and respecting the rights of employees when they leave your workforce.
- Privacy regulations regarding running background checks, conducting workplace searches, and monitoring employee behavior.
Employees’ rights and responsibilities
Federal and state employment laws govern the rights of employees in the workplace which an experienced attorney will know well. Certain rights apply to not only current employees, but also former employees and job applicants. All types of employees should be aware of their:
- Right to privacy. This applies to personal possessions such as purses or briefcases, storage lockers, and private mail. In many instances, the right to privacy in the workplace extends to telephone conversations and voicemail messages, but it rarely covers email messages or Internet usage while on the company computer network. In addition, job applicants have certain rights to privacy, including the right to be notified in writing of a credit or background check.
- Right to be free from discrimination and/or harassment. Employees should not be discriminated or harassed based on age, gender, race, sexual orientation, national origin, or religion. A Miami employment attorney understands this also applies to prospective employees, who cannot be asked certain family- or age-related questions during the hiring process.
- Right to a safe workplace. Employees have the right to work in an atmosphere free of dangerous conditions, toxic substances, and other potential safety hazards.
- Whistleblower rights. The right of employees to be free from retaliation for filing a claim or complaint against an employer.
- Right to fair wages. Employees have the right to be reasonably compensated for the work they perform.
Obtain additional information from a Miami employment law attorney
Ena T. Diaz offers a free consultation for all employment-related matters. Whether you are looking to solve a business dispute, or you are seeking legal counsel for another issue, contact the Law Offices of Ena T. Diaz, P.A.
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