Bicycle Safety in South Florida

Posted on December 30, 2013 by vmcgarity

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Although Naples is a bicycle-friendly city, most riders are still familiar with the dangers of navigating roadways on a daily basis. It’s not uncommon for riders to have a ‘near miss’ or ‘close call’ story to share with friends and family members. Unfortunately, collisions with automobiles often leave cyclists in the hospital or worse. A bicycle rider doesn’t have the benefit of air bags, steel cages and safety belts. They’re truly at the mercy of other drivers on the roadway.

Share the Road with Cyclists

Many bicycle crashes happen because other drivers aren’t properly sharing the road. Drivers who merge into or abruptly stop in front of bicycle riders aren’t paying attention. They may be distracted or just not checking their blind spots. Bicycles are much smaller than cars, so drivers need to be vigilant about their distance and proximity to riders. Cutting off a bicycle rider at an intersection can have deadly consequences. Merging into a bicycle lane can also result in a devastating collision. Motorcycle riders face similar dangers when automobile drivers aren’t paying attention. The National Highway Traffic Safety Administration (NHTSA) wants to remind motor vehicle drivers to give bicyclists at least three feet of clearance when passing.

Just the Facts

  • 677 cyclists were killed across America in traffic crashes in 2011.
  • In 2010, 623 cyclists were killed in wrecks.
  • In 2011, 48,000 cyclists were injured in crashes.
  • Cyclist deaths accounted for two percent of all traffic deaths in 2011.

Safety Reminders from the NHTSA

Wearing high-visibility clothing, obeying traffic signals and wearing safety gear are all great ways to improve one’s safety. Cyclists should always wear properly fitted bicycle helmets. Wearing a helmet is the best way to protect one’s self from a head injury during a wreck. Even if a cyclist wears a helmet and takes the proper safety precautions, serious injuries can still occur. Ultimately, drivers have to share the road with cyclists. It doesn’t matter how visible your clothing is, if a distracted driver doesn’t bother to look before merging into your lane. If you or a loved one has been injured in a bicycle accident, contact the experienced team at Weldon & Rothman, PL for a free consultation today.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida accident victims contact an experienced local Florida personal injury attorney to assist them with specific facts and circumstances regarding their motor vehicle accident. If you have been the victim of a motor vehicle accident in Florida, then feel free to contact Attorney Weldon toll free at (877) 730-5180 or via e-mail atinfo@weldonrothman.com

Richard L. Weldon, II is an experienced Florida personal injury attorney who has obtained the AV Preeminent Rating by Martindale-Hubbell. He is the managing attorney of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

 

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Whistle Blower Rights

Posted on December 26, 2013 by vmcgarity

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Employees who feel a moral duty to blow the whistle on illegal business practices have historically faced harsh retaliation from their employers. It is however, against the law to retaliate against an employee for blowing the whistle. Employees who are being retaliated against due to exposing an organization’s misconduct should contact an experienced employment law attorney as soon as possible. Some unscrupulous employers have resorted to terrorizing employees and even firing them in retaliation. Employees need to know that they still have legal rights after blowing the whistle.

What is Whistle Blowing?

“Blowing the whistle” often happens when an employee exposes some kind of illegal misconduct going on in an organization. As many whistle blowers soon find out, doing the right thing isn’t always the easiest path to travel. Because information about misconduct, fraud or illegal practices can be incredibly damaging to a company’s bottom line, officials within that organization may try to intimidate, punish or retaliate against an employee who steps forward to blow the whistle. Luckily, there are legal protections in place for employees who expose illegal practices. In order to make sure an employee’s legal rights are being protected, it’s important to speak with a skilled employment law attorney who has whistle-blower case experience.

Protecting Whistle Blower Rights

If whistle blowers’ rights aren’t protected, employees won’t feel comfortable coming forward with allegations of an organization’s misconduct. It’s important to understand that there are many different factors to be considered in any whistle-blower case, so a skilled employment law attorney should be consulted immediately.

Illegal Retaliatory Actions

  • Firings
  • Demotions
  • Wage reductions
  • Benefits reductions
  • Bad-faith decisions regarding transfers, raises or promotions
  • Denials of raises or promotions
  • Suspensions

Recovering Damages

Employees who have faced whistle-blower retaliation may be entitled to compensation for damages. Damages can include back wages, future earnings and damages related to emotional pain and suffering. You may also be entitled to compensation to cover court fees and legal costs. In some cases, employees may be able to recover an amount equal to double their economic damages. If you or a loved one is facing retaliation from an employer after blowing the whistle, contact the experienced employment law team at Weldon & Rothman, PL.

 

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida citizens with employment law issues contact an experienced local Florida employment law attorney to assist them with specific facts and circumstances regarding their labor and employment law matter. If you have been the victim of illegal activities at your workplace, then feel free to contact Attorney Rothman at Weldon & Rothman, PL toll free at (877) 730-5180 or via e-mail at info@weldonrothman.com

Bradley P. Rothman is an experienced Florida employment law attorney who has been recognized by Super Lawyers as a Rising Star.  He is a principal member of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

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U.S. DOT’s “Drive Sober or Get Pulled Over” Campaign

Posted on December 23, 2013 by vmcgarity

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The U.S. Department of Transportation has recently issued a press release regarding the increase in law enforcement efforts to crack down on drunk and drugged driving this holiday season. The “Drive Sober or Get Pulled Over” holiday campaign is aimed at reducing the amount of fatal and injury-causing drunk driving accidents that occur across America this season. Unfortunately, with more people on the road for holiday travel and an increase in the number of celebrations, this season is one of the deadliest for drivers, passengers, commuters and holiday travelers.

Just the Facts

  • During last year’s holiday season, 830 people died in drunk-driving wrecks.
  • Over the past 10 years, nearly two of every five traffic-crash deaths that happened around the New Year’s holiday involved alcohol-impaired drivers.
  • During that same time period, 37 percent of traffic-crash deaths that occurred during the Christmas holiday involved alcohol-impaired drivers.

Plan Ahead

Planning ahead is a great way to ensure a safe ride home at the end of a holiday celebration. Not only does having a safe plan keep you from hurting yourself or others on the road, it also keeps you out of trouble. Law enforcement agencies are stepping up efforts this season to arrest drunk and buzzed drivers. U.S. Transportation Secretary Anthony Foxx hopes to send a message across the country that people can either drive sober or get pulled over this holiday season. Make sure to designate a driver at the beginning of the night. It may also help to have a backup plan. Pre-program a cab company’s number into your phone, just in case. Additionally, never let somebody who has been drinking behind the wheel.

Safe Travels

The last thing anybody needs to deal with during the holiday season is a traffic accident, especially if a drunk driver was involved. Victims of drunk-driving crashes may be facing extensive medical bills, lengthy rehabilitation programs, property damage, lost income, pain and suffering. The holiday season should be spent with loved ones, and nobody should have to worry about making ends meet because of medical bills or lost wages due to a drunk driver. If you or a loved one has been injured in an accident involving a drunk or buzzed driver, contact the experienced legal team at Weldon & Rothman, PL for a free consultation. The team at Weldon & Rothman, PL wishes everybody safe and happy holiday travels.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida accident victims contact an experienced local Florida personal injury attorney to assist them with specific facts and circumstances regarding their motor vehicle accident. If you have been the victim of a motor vehicle accident in Florida, then feel free to contact Attorney Weldon toll free at (877) 730-5180 or via e-mail atinfo@weldonrothman.com

Richard L. Weldon, II is an experienced Florida personal injury attorney who has obtained the AV Preeminent Rating by Martindale-Hubbell. He is the managing attorney of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

 

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What Tipped Employees Need to Know

Posted on December 18, 2013 by vmcgarity

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Tipped employees work hard for their money. In no other industry does a worker’s day-to-day performance so greatly affect his or her ability to pay bills and put food on the table. Unfortunately, the rights of servers and bartenders are frequently violated, especially in the case of illegal tip pooling. While some ‘tip pooling’ practices are allowed in the State of Florida, there are very specific guidelines that some establishments violate on a regular basis. Some unscrupulous employers may try to intimidate their servers and bartenders into illegal tip pooling practices.

What Tipped Employees Need to Know

  • Tipped employees can only share their tips with other employees who would regularly receive tips like other servers, bartenders, bussers, etc.
  • Tipped employees can’t be required to share tips with employees who don’t regularly receive tips like dishwashers and cooks.
  • No employers are allowed to share in the pool.

Tip Pooling Violations

It’s not uncommon for a crooked business owner to illegally force his or her tipped employees into sharing tips with workers in non-tipped positions. This little trick works two-fold for the unethical employer. First, he or she doesn’t have to pay the non-tipped worker, such as a cook or dishwasher, a fair and legal wage. Second, not only does he or she not have to pay the non-tipped worker a legal wage in this particular scheme, the servers and bartenders are footing the bill. Service industry employees should absolutely never have to subsidize other employees on their own tips. It’s illegal and immoral.

What about Retaliation?

Many tipped employees are scared about coming forward with their wage concerns due to a fear of retaliation. Servers and other tipped employees need to know that under the Fair Labor Standards Act (FLSA), it is illegal for an employer, business owner or manager to retaliate against an employee for making a complaint or filing a claim. This means that you can’t legally get fired for filing a wage complaint. If your employer does fire you, he or she could be liable for additional damages incurred, in addition to dealing with the legal consequences involved.

Is Your Employer Taking Your Tips?

If your employer is unfairly and unlawfully taking your tips, contact an experienced employment law attorney in Naples as soon as possible. You need to file a claim, so it’s important to locate a skilled employment law attorney who has experience in handling tip pooling violations and restaurant cases. Contact the experienced employment law attorneys at Weldon & Rothman, PL today for a free consultation.

 

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida citizens with employment law issues contact an experienced local Florida employment law attorney to assist them with specific facts and circumstances regarding their labor and employment law matter. If you have been the victim of illegal activities at your workplace, then feel free to contact Attorney Rothman at Weldon & Rothman, PL toll free at (877) 730-5180 or via e-mail at info@weldonrothman.com

Bradley P. Rothman is an experienced Florida employment law attorney who has been recognized by Super Lawyers as a Rising Star.  He is a principal member of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

 

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Wrongful Death Lawsuits in Florida

Posted on December 16, 2013 by vmcgarity

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If someone is killed due to another person’s negligence, recklessness or intentional misconduct, their surviving loved ones may be able to file a wrongful death lawsuit. A wrongful death can occur in the workplace, on the roadways and even in the hospital. Since a variety of elements have to be considered in each individual case, it’s a good idea to speak with an experienced wrongful death attorney as soon as possible.

How to Tell if a Death Was “Wrongful”

Basically, an attorney needs to prove that an individual’s wrongful actions were the direct cause of an injury or death of a person. Additionally, an attorney will also have to show that damages resulted from that injury or death. The actions might have been reckless, negligent or intentionally damaging. If you’re not sure if a person negligently caused your loved one’s death, ask yourself if a reasonably prudent person would have acted that way in a similar circumstance. If the answer is no, contact a lawyer for a consultation. Negligence in just about any location or setting can lead to devastating or fatal injuries.

Common Causes of Wrongful Death

  • Car accidents
  • Motorcycle accidents
  • Truck accidents
  • Defective products
  • Unsafe premises
  • Boating accidents
  • Workplace accidents
  • Nursing home abuse
  • Birth injuries
  • Medical malpractice

Damages

Of course, no amount of monetary compensation can replace the empty space left behind after a loved one dies. That doesn’t mean that surviving family members can’t sue for compensation to cover damages in a wrongful death lawsuit. Surviving family members may be facing extensive medical bills, funeral expenses, a loss of expected income and pain and suffering.

Filing a Wrongful Death Lawsuit

If you have lost a loved one due to another person’s negligence, recklessness or intentional misconduct, you should speak with an experienced wrongful death attorney as soon as possible. Loved ones need to time to grieve for their deceased family members, but they shouldn’t have to worry about making ends meet to pay for medical bills and funeral costs. If another person’s actions caused the death of your loved one, you may be entitled to compensation. A lawyer can be your advocate and help to guide you through this uncertain time. Contact the skilled wrongful death attorneys at Weldon & Rothman, PL for a free consultation today.

 

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida accident victims contact an experienced local Florida personal injury attorney to assist them with specific facts and circumstances regarding their motor vehicle accident. If you have been the victim of a motor vehicle accident in Florida, then feel free to contact Attorney Weldon toll free at (877) 730-5180 or via e-mail atinfo@weldonrothman.com

Richard L. Weldon, II is an experienced Florida personal injury attorney who has obtained the AV Preeminent Rating by Martindale-Hubbell. He is the managing attorney of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

 

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All About The Family and Medical Leave Act – FMLA

Posted on December 11, 2013 by vmcgarity

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Employers in Florida must allow eligible employees a leave of absence from their positions under the Family and Medical Leave Act (FMLA) if they have at least 50 employees for at least 20 weeks during the current or previous year. Eligible employees are entitled to 12 weeks of leave during a 12 month period. Additionally, employees are entitled to be reinstated at their jobs in the same or ‘equivalent’ position with a few exceptions. This means that your boss can’t fire you just for taking your rightful medical leave. You’re also entitled to continue with your health insurance while on leave.

Reasons to Utilize the FMLA

  • Are you recovering from a serious health condition?
  • Are you bonding with your new baby or adopted child?
  • Are you caring for a family member with a serious health condition?

Employee Eligibility Questions

  • Have you worked for the company or business for at least one year?
  • During the previous year, did you work at least 1,250 hours?
  • Are at least 50 people employed within a 75 mile radius of your company’s location?

FMLA and Military Members

There are also special circumstances for military members, which include but are not limited to leave availability for short-notice deployments, rest and recuperation, military events and related activities, leave to care for an injured service member and counseling. Eligible employees may be entitled to take up to 26 weeks of leave during a 12 month period.

Domestic Violence Leave in Florida

In Florida, employees also have the right to take leave related to domestic violence issues at home. Eligible employees are permitted to take up to three days off in a 12-month period to seek an injunction, receive medical care or counseling, get services from a victims’ rights group, relocate or make their home more safe or seek legal assistance.

Protecting Your Legal Rights

Although the FMLA is traditionally an unpaid leave of absence, you’re still entitled to be reinstated at work. It’s unlawful for an employer, manger or boss to interfere with your FMLA rights or retaliate against you for taking FMLA leave. If you are dealing with interference or retaliation regarding your rightful FMLA leave, contact our experienced employment law team as soon as possible at (239) 262-2141. You may be entitled to lost wages, benefits, damages and compensation to cover attorneys’ fees and legal costs.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida citizens with employment law issues contact an experienced local Florida employment law attorney to assist them with specific facts and circumstances regarding their labor and employment law matter. If you have been the victim of illegal activities at your workplace, then feel free to contact Attorney Rothman at Weldon & Rothman, PL toll free at (877) 730-5180 or via e-mail at info@weldonrothman.com

Bradley P. Rothman is an experienced Florida employment law attorney who has been recognized by Super Lawyers as a Rising Star.  He is a principal member of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

 

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Elderly Driver Safety

Posted on December 9, 2013 by vmcgarity

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Since Southwest Florida is a popular retirement destination, elderly driver safety is a particularly important topic. According to census data from 2008, 17.4 percent of Florida’s population is age 65 years or older. Florida, in addition to other states, is expected to see an increase of older drivers on the roadways as the baby boomer generation ages. Florida already leads the nation in terms of older citizens, but the population of people age 65 years or older is expected to reach 27 percent by 2030.

Safe Mobility for Life Coalition

To address safety concerns associated with elderly drivers on the roadways, the Florida Department of Transportation has implemented a “Safe Mobility for Life Coalition”. This program is hoping to improve safety, access and mobility for Florida’s aging population. The coalition has a multi-pronged approach to improve safety for elderly drivers and other drivers and passenger occupants on the road.  They are addressing areas of advocacy, policy, licensing, enforcement, prevention and early recognition. Their Aging Road User Strategic Safety Plan is hoping to provide a safer transportation system for the aging population and the general public.

Drive Well Toolkit

The National Highway Traffic Safety Administration (NHTSA) offers a fantastic “Drive Well Toolkit” for older drivers. The Drive Well Toolkit features information on evaluating an older driver’s effectiveness and addressing potential safety concerns. Additionally, there is also information related to implementing community action plans and how families can speak with their older loved ones.

Nationwide Statistics from the NHTSA

  • 5,401 people age 65 years and older died in traffic crashes in 2011.
  • 185,000 seniors were injured in traffic crashes in 2011.
  • In 2011, 17 percent of all traffic deaths were among people age 65 years and older.
  • In 2011, people age 65 years and older only made up 13 percent of the total U.S. population.

After a Wreck

Car crashes can leave victims in the hospital and out of work. In addition to lengthy hospital bills, you might be facing lost wages, rehabilitation costs, property damage, pain and suffering and a loss of future earnings. If you or a loved one has been injured in a crash involving an elderly driver, contact the experienced personal injury attorneys at Weldon & Rothman, PL for a free consultation today.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida accident victims contact an experienced local Florida personal injury attorney to assist them with specific facts and circumstances regarding their motor vehicle accident. If you have been the victim of a motor vehicle accident in Florida, then feel free to contact Attorney Weldon toll free at (877) 730-5180 or via e-mail atinfo@weldonrothman.com

Richard L. Weldon, II is an experienced Florida personal injury attorney who has obtained the AV Preeminent Rating by Martindale-Hubbell. He is the managing attorney of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

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Gender Discrimination in the Workplace

Posted on December 5, 2013 by vmcgarity

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Discrimination in the workplace isn’t just limited to race, disability, age or natural origin. Unfortunately, gender discrimination in the workplace is still going on in Southwest Florida. There is also a misconception that discrimination only happens at the hiring level. Nothing could be further from the truth. Even if a person is hired on with a company, he or she can still face gender discrimination at a variety of levels within the corporate structure. When gender issues in the workplace are studied, women have historically and traditionally been the most discriminated against sex. That doesn’t mean that men can’t be discriminated against because of their gender too.

Gender Discrimination at Various Levels of Employment

  • Hiring
  • Firing
  • Job classifications
  • Training
  • Promotions
  • Benefits

Examples of Gender Discrimination in the Workplace

Not hiring a qualified applicant because of his or her gender is discriminatory. Additionally, it’s not uncommon for female employees to be fired during ‘lay-offs’ when male employees with less experience or seniority keep their jobs. If a person of a particular gender is constantly passed over for promotions in lieu of employees with less experience of the opposite sex, discrimination may be happening. If training opportunities are consistently offered to members of one sex, it’s time to contact an employment law attorney. Anytime a person is treated differently and unfairly because of his or her gender, discrimination is going on.

Job Classification and the Glass Ceiling

For years, women in Florida and across America have been fighting to earn the same amount of income as their male counterparts. Reclassifying certain positions has been an effective way for employers to discriminate against female employees in the past. This happens when a female employee’s job is classified with a different title than a male employee’s job even though they are the same position. Since compensation is typically set based on different job classifications, it’s not uncommon for the female employee (doing the same job as a male employee) to make significantly less. This has been an institutionalized problem in corporate America for too long.

Have You Been Discriminated Against?

Gender discrimination can happen at just about any level in the workplace. If you feel like you have been discriminated against due to your gender, contact the experienced employment law attorneys at Weldon and Rothman, PL for a consultation today.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida citizens with employment law issues contact an experienced local Florida employment law attorney to assist them with specific facts and circumstances regarding their labor and employment law matter. If you have been the victim of illegal activities at your workplace, then feel free to contact Attorney Rothman at Weldon & Rothman, PL toll free at (877) 730-5180 or via e-mail at info@weldonrothman.com

Bradley P. Rothman is an experienced Florida employment law attorney who has been recognized by Super Lawyers as a Rising Star.  He is a principal member of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

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Pedestrian Safety

Posted on December 3, 2013 by vmcgarity

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In 2011, on average, a pedestrian was killed every two hours and injured every eight minutes in traffic crashes. The Department of Transportation (DOT) has recently announced a plan to reduce pedestrian injuries and fatalities across America. The DOT, the National Highway Traffic Safety Administration (NHTSA) and The Federal Highway Administration (FHWA) are all working together on the “Everyone is a Pedestrian” campaign to raise awareness and increase safety for pedestrians across the country.

Just the Facts

  • In 2011, 4,432 pedestrians were killed in traffic crashes.
  • An estimated 69,000 pedestrians were injured in crashes in 2011.
  • Three out of four pedestrian deaths happen in urban areas.
  • 70 percent of those deaths happened at non-intersections.
  • 70 percent of deaths also happened at night.
  • In 2011, pedestrian fatalities accounted for 14 percent of all traffic crash deaths.

In addition to public safety campaigns, a variety of grants have been offered to various communities to increase pedestrian safety. The State of Florida is even participating in this campaign with their Pedestrian Safety Action Plan which will include workshop presentations and other resources for pedestrians and drivers. The NHTSA offers a variety of tips for increasing safety for pedestrians.

NHTSA Safety Recommendations for Drivers

  • Lookout for pedestrians, everywhere, all of the time.
  • When visibility is reduced due to night time conditions or poor weather, be especially watchful for pedestrians.
  • Never pass vehicles that are stopped at crosswalks.
  • Slow down at intersections and expect to stop for pedestrians at crosswalk areas.
  • Don’t be a distracted driver!
  • Don’t drive under the influence of drugs or alcohol.
  • Always follow speed limits, and be extra vigilant in school zones and neighborhood areas.

Since drivers aren’t always looking out for pedestrians, it’s critical for pedestrians to take measures to protect themselves. Listed below are a few great tips to help pedestrians stay safe.

NHTSA Safety Recommendations for Pedestrians

  • When possible, walk on a sidewalk or designated path.
  • If no sidewalk or path is available, walk facing traffic to allow for greater awareness of traffic.
  • Stay alert at all times. Don’t be a distracted walker, and put away the smart phone.
  • Be Predictable.
  • Use crosswalks when available.
  • Don’t walk on freeways or other pedestrian-prohibited areas.
  • Be visible! Wear bright or reflective clothing.

Ultimately, drivers need to be on the lookout for pedestrians. Pedestrians who survive collisions with motor vehicles are often facing extensive medical bills, lost wages and long-term pain and suffering. If you or a pedestrian you love has been hit by a car, contact the experienced personal injury attorneys at Weldon & Rothman, PL at (239) 262-2141.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida accident victims contact an experienced local Florida personal injury attorney to assist them with specific facts and circumstances regarding their motor vehicle accident. If you have been the victim of a motor vehicle accident in Florida, then feel free to contact Attorney Weldon toll free at (877) 730-5180 or via e-mail atinfo@weldonrothman.com

Richard L. Weldon, II is an experienced Florida personal injury attorney who has obtained the AV Preeminent Rating by Martindale-Hubbell. He is the managing attorney of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

 

 

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Minimum Wage in Florida

Posted on November 27, 2013 by vmcgarity

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If you’re an employee in Florida who isn’t earning minimum wage, there are legal actions you can take. Employers are required by law to pay their workers a minimum wage. In Florida, the state minimum wage is actually a little bit higher than the federal minimum wage. It’s important to understand that employees in Florida must be paid the state-set minimum wage. If you haven’t been earning at least $7.79 an hour, you need to contact an experienced minimum wage lawyer to get the ball rolling on your case.

Minimum Wage Law in Florida and the FLSA

The Fair Labor Standards Act (FLSA), which sets federal labor standards, requires that all employees be paid a minimum wage. According to the U.S. Department of Labor, the current federal minimum wage is $7.25 an hour. In Florida, the minimum wage has been raised to $7.79 per hour. This rate has been adjusted by analyzing inflation and the Consumer Price Index. Employers are required by law to pay the higher of the two wages.

Timing is Everything

Collecting back wages in Florida has to be done in a timely manner. Under the FLSA, an employee only has a limited amount of time to sue for back wages. Luckily, the Florida Constitution has expanded on this window of time, allowing employees an additional amount of time to file lawsuits. Hiring an experienced employment law attorney is the first step in recovering rightful wages.

What about Retaliation?

Some employees may not want to file claims against their employers in fear of retaliation. This is a terrible reason to avoid earning what is rightfully yours. It is unlawful for an employer to retaliate against an employee who files a claim of minimum wage noncompliance. Employers who are found to have intentionally violated the minimum wage law can be sued for earned back wages and fined up to $1,000 per violation.

If you haven’t been lawfully compensated for your time, contact an experienced employment lawyer as soon as possible. The skilled legal team at Weldon & Rothman, PL can help you file a claim against your employer for back wages.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida citizens with employment law issues contact an experienced local Florida employment law attorney to assist them with specific facts and circumstances regarding their labor and employment law matter. If you have been the victim of illegal activities at your workplace, then feel free to contact Attorney Rothman at Weldon & Rothman, PL toll free at (877) 730-5180 or via e-mail at info@weldonrothman.com

Bradley P. Rothman is an experienced Florida employment law attorney who has been recognized by Super Lawyers as a Rising Star.  He is a principal member of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

 

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