Workplace Health & Disability Discrimination

Discriminating against employees for disabilities or medical conditions is illegal. Unfortunately, some employers still exhibit prejudice based on health and disability. This infringes upon employees’ legal rights and is grounds for a lawsuit. 

Understanding Disability Discrimination

Employees are protected against disability discrimination under the Americans with Disabilities Act, or the ADA. if an employer treats an employee or applicant adversely due to a disability, the employee has legal grounds for a lawsuit. The ADA also provides legal protection for employees in cases of discrimination due to the following:

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What If There’s Not Enough Insurance To Cover My Claim?

After many different kinds of accidents, from auto accidents to slip-and-fall and more, insurance companies take the brunt of the financial burden. However, insurance policies have limits, and the insurance company will typically only cover the expenses associated with the accident to the policy limit. But what happens when your insurance claim exceeds the policy limit? Read on to learn more. 

Understanding Insurance Policy Limits

Whenever you purchase a liability insurance policy, a policy limit will be set. The limit is the highest dollar amount of the losses that the insurance company will take responsibility for in a covered accident.  

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Types of Sexual Harassment in Florida

Sexual harassment is a prominent issue in work environments around the globe. Courts recognize sexual harassment as unwanted sexual advances, requests for sexual favors, and verbal or physical sexual behaviors that create a hostile workplace. Victims of sexual harassment may experience significant mental and physical health problems as a result of the harassment and have the right to seek legal action. 

Understanding the types of sexual harassment in Florida can help victims recognize their legal rights and is the first step toward promoting a safe, professional work environment. 

The Main Types of Sexual Harassment

The main types of sexual harassment in Florida workplaces include:

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What You Need To Know About the Whistleblower Law

A whistleblower is an individual who reports a person or entity to the government for taking part in illegal activity. If you’re a whistleblower in a case of a legal violation or any threat to the safety of the public, you may be concerned about your own reputation, career, or wellness. In this situation, it’s important to understand the laws and reward system put in place specifically to protect whistleblowers. 

whistleblower

Whistleblowers: The False Claims Act

The False Claims Act, or FCA, is the first whistleblower law ever established in the United States. In 1863, it was signed into law in an effort to prevent fraud in contracting with the government. The FCA has become stronger over time as revisions have been made. Amidst these revisions, however, the whistleblower (qui tam) provision has remained. 

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Alcohol: The Leading Cause of Fatal Boating Accidents in Florida

Florida boating accidents are more common than you may think. The Coast Guard’s 2019 Recreational Boating Statistics Report showed that boating accidents resulted in 613 deaths in 2019. Alcohol is the leading cause of fatal boating accidents in Florida, making it essential for anyone involved in boating to understand the risks associated with alcohol and boating. 

Alcohol’s Impact on Boating Accidents

Alcohol consumption leads to a loss of ability to make fast decisions, which are often needed to avoid a boating accident. Stopping alcohol consumption while boating could lead to hundreds of fewer deaths in the state of Florida every year. After all, alcohol consumption exponentially increases the risk of a boating accident, as well as the odds of fatalities in the event of an accident.

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Protections Afforded to Employees But Not Contractors

If you’ve been working as an independent contractor, you could be missing out on some important legal protections. As a contractor, companies are allowed to treat you like any other company or business owner. That means that none of these protections apply to you. This is detrimental to those who are misclassified employees. 

Here are just some of the protections you could be missing out on as a contractor:

Minimum wage

There is both a federal and state minimum wage requirement, although Florida is both much higher and set to steadily increase through 2026 up to $15 per hour. As a contractor, you could be paid a per project or per unit rate that, when compared to number of hours spent on the task, averages out to far below even the federal mandate.

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Difference Between Contract and Temporary Employment and What It Means

Have you been told that you are a contract worker, only to discover that you were missing out on benefits by being defined as such? Especially if the position is temporary or seasonal, an employer is likely to hire either a contract or temporary employee. Often, employers will hire you as a contract employee so that they do not have to pay your insurance, overhead, expenses, benefits, or employment taxes. 

Sometimes these arrangements are on the up and up and beneficial for both parties, but often employers are intentionally deceitful in their labeling of employees to cut corners and save money. Luckily, there are some definitive ways that you can tell if you are a contract employee or a temporary employee.

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Benefits You Might Have Missed Out On If You Were Called an Independent Contractor

The term “independent contractor” is thrown around pretty loosely these days. Companies have always tried to get out of paying their employees fairly and providing them with reasonable benefits. But with the new surge in the gig economy, companies have found ways to get around calling you an employee, and that means you could be missing out on benefits to which you are entitled.

What is worker misclassification?

There are a lot of ways worker misclassification can prevent people from getting the appropriate pay and benefits. Worker misclassification happens when a company mistakenly or fraudulently claims that you do not have, nor are entitled to, employee status.

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What You Need To Know About Florida PIP and Civil Lawsuits for Car Accidents

If you have only recently moved to Florida, you may not understand the complexities of car accidents and auto insurance in the state. Florida is a bit different than most states, in that they have a no-fault insurance policy. That means that when you are in an accident, your insurance will have to pay for your injuries and damages, regardless of whose fault the accident is.

When people first hear this, they usually assume that this means you can’t get compensation from a negligent party. The truth is that you can, but it isn’t an easy thing to do. The laws and requirements for civil liability and car accidents are very murky waters, and it really takes an experienced attorney to wade through them safely.

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Proving Negligence in Slip-and-Fall Cases in Florida

Were you injured in a slip-and-fall accident? If your accident happened in a store or other commercial location, you might be thinking that they should pay for your medical bills and lost time at work. While this is the case in some situations, it doesn’t apply to every incident. You have to be able to prove negligence, and that means a lot more than you might think.

What is legal negligence in civil law?

As a general rule, you have to prove negligence to receive damages from any entity for any type of personal injury case. Slip-and-fall accidents definitely fall under this umbrella, but negligence is not an easy thing to understand when it comes to Florida’s slip and fall laws. Here is an explanation by way of example.

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