“Employment at will” means both the employee and the employer may end the employment relationship at any time for any lawful reason.   

Numerous statutes provide various protections to employees regarding their employment. Therefore, it is best practice to review any termination decision to understand and mitigate risk carefully. Kelley Kronenberg often advises employers on managing the termination of an employee’s employment and the mitigation of risk associated with same.  

No. Whether an employee is considered overtime-eligible (or exempt) will depend on their job duties AND how they are paid. Exemptions to the obligation to pay overtime and the minimum wage under The Fair Labor Standards Act can be complicated.  Improperly treating someone as overtime exempt (or not properly calculating overtime) can result in substantial liability to the employer.  Further, following the advice of counsel or DOL on a pay practice can be a defense to future claims. Therefore, it is recommended best practice to review the employer’s pay practices periodically to ensure compliance with the law.    

Kelley Kronenberg assists small and large employers in auditing their payroll practices.

The Fair Labor Standards Act (FLSA) requires employers to maintain timekeeping records for all non-exempt employees.

An Independent Contractor is someone who contracts with a company to provide specific services for a project, contract, short-term, or on an as-needed basis but is not an employee. Independent Contractors may be referred to as freelancers or “gig workers.” Improper classification can lead to a host of issues under federal and state laws. Employers may be liable for hefty fines, back taxes, employee benefits, and worker’s compensation claims. 

Not in Florida.  

Certain medical organizations are faced with conflicting obligations. The federal government may mandate vaccination of medical personnel, yet Florida has contrary statutory obligations. Employers should discuss obligations under federal and state law and steps that can be taken to mitigate risk.  

With a few exceptions, all employers in Florida with four or more employees, whether full-time or part-time, are legally required to provide workers’ compensation insurance to their employees.   

Employers who fail to carry the proper coverage face severe penalties, including hefty fines and stop-work orders. A stop-work order requires the employer to immediately cease all business operations until the State finds that the employer has complied with the coverage requirements and paid any penalties. Additionally, employers are strictly prohibited from interfering with or retaliating against an employee’s rights under the workers’ compensation laws.  

Consulting with an experienced labor and employment attorney can save you money and help ensure your business has the proper coverage, limit potential liability relating to a workers’ compensation claim, and if needed, a referral to a workers’ compensation attorney within the firm.