Throughout the state of Florida, in addition to discrimination lawsuits, workers are also striking back at their employers with wage and hour cases.
According to employees, wage and hour laws are constantly violated by employers including issues concerning unpaid overtime, working off the clock, and unpaid wages. Discrepancies between federal and state laws are largely to blame.
Disturbing Trend
Unfortunately, wage and hour cases are not only on the rise in the state of Florida, but they have also proven to be issues reported in the state of Pennsylvania, among several other states. However, Florida ranks as one of the highest offending states, also sitting in the second position in the nation for workplace discrimination complaints.
In fact, Florida takes the number one spot for unpaid overtime cases regarding the Fair Labor Standard Act. Throughout 2011, an average of thirty-two complaints was filed by workers seeking justice for wrongs committed against them in the work place.
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Effect of the Affordable Healthcare Act
If employers are unable to meet current regulations, then they are going to find it difficult to meet the increased regulations imposed by the Affordable Healthcare Act. Healthcare is now a mandated benefit for all employees, which has left employers struggling to either find a way to pay for the benefit or escape its consequences altogether.
One common loophole many businesses seek involves converting employees into independent contractors, which does not change their job description or responsibilities, but does completely change their status in terms of employers’ obligations regarding benefits. It’s a one-sided deal, but employees can sue if they do not receive their benefits, according to a potential healthcare component of reform.
Declaration of Unconstitutionality
In August of 2013, the Workers’ Compensation Statue was declared unconstitutional. Essentially, Florida business owners require employees requiring employees to pay a $10 co-pay for medical care was deemed unfair. Employees should not have to help their employer pay for medical costs, which has been a complaint of employee rights advocates for years in Florida.
This decision, though it can spread because of the precedence, is only limited at this time to Miami-Dade County. The implications of this decision allow employers to defend themselves in ways they could not when the law was considered constitutional. Ultimately, the outcome of this ruling is yet to be determined until the Supreme Court reconvenes in November 2014 to make a ruling on the inevitable appeal to the initial decision.
Contact an Experienced Miami Business Attorney Now
Your business needs to be protected from its employees. Yes, employees make up your team and are a businesses’ most important asset. However, there are times when a weak defense can leave your business vulnerable to unnecessary risk. Any risk can be avoided by working with a professional and knowledgeable Florida wage and hour attorney. Call Campbell Law Group today at 305-460-0145 to learn more about your rights and see how we can help.