Wage and Hour

The Fair Labor Standards Act provides guidelines for wage and overtime pay, affecting both private and public places of employment. Many times employers may not follow these guidelines and may fail to pay an employee his or her deserved wages. Additionally, employees often are not fairly compensated for the extensive hours of quality work that they contribute to their respective places of business.  We are able to assist in a swift and competent manner regarding minimum wage and overtime pay cases. Contact us.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act provides that eligible employees working for employers employing at least 50 employees within a 75 mile radius can take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

•Twelve workweeks of leave in a 12-month period for:

• the birth of a child and to care for the newborn child within one year of birth;
• the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
• to care for the employee’s spouse, child, or parent who has a serious health condition;
• a serious health condition that makes the employee unable to perform the essential functions of his or her job;
• any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

•Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave)

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months.

Other Workplace Standards

The average U.S. citizen spends most of his or her waking hours at work, which is partly why the Florida state and Federal officials have put so much emphasis on employment law and on governing the employee experience. However, understanding how your specific employment experience applies to the laws that are in place can be a complex and tiring experience. That is what we here at Nelson, Bisconti & McClain do. Each day we come in contact with employees who need assistance with a certain work situation, or set of circumstances that have negatively affected their ability to enjoy the workplace and feel rewarded for their efforts. If you have questions regarding your employment experience, contact us.