Florida Attorney-Danialle Riggins,Esq.

The Riggins Law is proud to announce that Congressman Alan Grayson (Fla. 8th District) will be in Ocala, Florida on November 13, 2009 at Pi on Broadway - 110 SW Broadway Ocala, Fl 34471 from 5pm to 7pm.  Come out and meet the most controversial congressman. 

There will be hors d'oeuvres and cash bar.

Check your paychecks.  On July 24, 2009, there should be a few more cents in your pocket.Florida's minimum wage is $7.25 per hour, effective July 24, 2009. This is up from the $7.21 per hour minimum wage that was effective January 1, 2009.   Failure for an employer to pay minimum is both a state and federal violation.  Especially now that Florida and the Federal rates are the same.

The U.S. Department of Labor’s Wage and Hour Division reminds employers and employees that the federal minimum wage increases to $7.25 on Friday, July 24, 2009.  With this change, employees who are covered by the federal Fair Labor Standards Act will be entitled to be paid no less than $7.25 per hour.  This increase is the last of three provided by the enactment of the Fair Minimum Wage Act of 2007.  A revised Federal minimum wage poster is now available for viewing, downloading, and posting.  Every employer of employees subject to the Fair Labor Standard Act’s minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments so as to permit employees to readily read it.

The increase should be immediate for any and all work performed on or after July 24, 2009.  If your employer failed to increase your hourly wage, an employee should notify the person agent for the employer of the mistake and request the money.  If your employer continues to violate the law, contact an employment law attorney so that the proper steps can be taken.

An employee cannot be retaliated against for requesting proper pay under the law.  If you have an adverse employment action occur against you, contact an attorney.

If you have any other questions, please feel free to contact my office at DRiggins@RigginsLawFirm.com or call at 352-433-2400.

This may come as a huge surprise, but there is NO set law for lunch breaks in the state of Florida for adult workers.  If you receive a 15, 20, 30, or 60 minute break during the work week, it is due to the terms of the employment agreement you have with your employer.  It could also be a part of an union agreement.

However, there are certain child labor laws which express in great detail the length and times that certain minors can work.  It also instructs the employers on the number and length of breaks for the children.

Several employers require you to sign a release when you are completely settling your Florida workers' compensation claim.  In this release you could waiving any and all employment related claims and resigning from your position/job.  You sign the release because you really need the settlement money but you really do need your job or a job.  Can you seek get unemployment benefits.  The answer is no. 

When you accept an early retirement opportunity, a workers' compensation settlement, or some type of voluntary job separation program and have not been laid off or discharged, you cannot qualify for unemployment benefits.  This is because the separation/termination cannot be said to have separated with good cause attributable to the employer within the meaning of the Florida unemployment compensation law.

If you are laid off or discharged, you may be entitled to unemployment benefits.

If your unemployment benefits are being appealed- either by you to get them or your former employer is trying to stop them, you will have a hearing.  In Florida, the majority of the hearings are held over the telephone with a hearing referee ruling over them.  The system is set up to be very informal and very employee friendly.

So do you need an attorney?  It depends.  If you are appealing the claim to get the benefits started, then I am more inclined to suggest that you should seek legal representation or at least get a telephone consultation with an employment/labor attorney.  However, if the employer is appealing the claim then the odds of an employee needing representation lessens alot.

First, know that the burden is on the employer  to prove that the former employee is disqualified for the benefits.  The employer has to prove misconduct or voluntarily leaving the position.  PLEASE KNOW that "misconduct" is difficult to prove.  For example, misconduct is typically not proven if the employee has broken a policy once - like being late- or messing up an assignment.  However, if an employee has been reprimanded, warned, written up several times for a violation and then terminated, misconduct can be found and benefits could be denied.  The law favors granting the benefits.

Second, make sure that everything you need to be stated or proven is presented during the hearing.  There are no "do-overs" typically when it comes to the hearings.  The claimant (employee) needs to have all documents, witness statements, witnesses, and any other pieces of evidence ready on the hearing date.  Actually if you are going to use documents, you will need to provide the referee and the employer copies of the documents before the hearing.  Also make sure your witnesses are with you or available by phone on the hearing date.  Several people call lawyers after the hearing and the denial trying to add new evidence for the second appeal.  This will not work.  The second appeal is to prove that the referee errored in his ruling based on the law when the facts/evidence submitted during the hearing are applied.

Third, employers make several mistakes during the appeal process.  One, the employer changes the reason why the employee was fired about two to three times.  Two, the representative for the employer present during the hearing usually does not have any first-hand knowledge of what occurred that led to the termination.  Hence, the version given by the employee is the most credible since he/she was actually there.

Finally, the referee is good at asking the right questions to get to the bottomline. So remember to answer the questions by the referee clearly and concise.  But be careful of what the representative may ask you and do not get upset with them.  Just remember they just do not want to have the benefits charged to its record.  In most cases, it is not personal to the employer like it is to the former employee.  It is just business.

If you were working at two jobs, left due to medical reasons, military, or forced to resign due to the work environment, I highly recommend that you contact an attorney right after you apply for benefits- just in case.  Theses types of claims can be complicated.  So are temporary employee claims.

Good luck and happy job hunting.

Danialle Riggins, Esq.-- Riggins Law Firm- www.Rigginslawfirm.com

With thousands of job being laid off each week, people are having morequestions about getting unemployment. If your company is laying off workers, this is not the time to think of a million dollar lawsuit against it.  In some cases, the employee will not have a wrongful termination lawsuit but can only seek unemployment benefits.  In Florida, unemployment claims are processed through the Agency for Workforce Innovation (AWI).  A claims examiner issues a decision, either granting benefits to the claimant (the terminated employee) or denying them.  Here are some facts that you may need to know when seeking unemployment benefits.

1.     The Sooner the Better.  An individual needs to file a claim for unemployment benefits immediately after he or she learns of the unemployment status.  Unemployment benefits are not payable for weeks for which no claim was made.  You can only go back as far as two (2) weeks prior to the date of claim when requesting unemployment benefits.  

2.     Be prepared for an appeal. Most employers are fighting unemployment claims with every defense they can think of.  You may be told that you were fired, but the employer will probably report that you quit the job and appeal the benefits claim.  Do not worry. The burden is on the employer to prove why you were discharged. With the increasing number of unemployment claims being filed in Florida, the hearings are being scheduled weeks after the appeal. Hence you will have time to get witnesses and evidence to support that you were fired and did not quit.  If you are uncertain on what evidence you may need, consult an employment and labor attorney.  The appeal will be by telephone and very informal.  You will get the decision in about one (1) week. .  If you were originally approved, you will continue to receive your benefits during this time.

3.     Too sick to work and Unemployment.  In Florida, there are several court cases that have concluded that if an employee has to quit a job due to illness, injury, or disability, unemployment benefits are permitted.  For example, a warehouse worker hurts her back .  She would be eligible for unemployment benefits due to her inability to perform the duties of her position.  Now if the employer offers an alternative position and she refuses, then she could be denied but there is still a chance that she could get the benefits.

Danialle Riggins, Esq ~ Riggins Law Firm, P.A. Ocala, Florida 352- 433-2400

www.Rigginslawfirm.com

Another game that employers liketo play with their employees is keep the last paycheck or make unauthroized deductions from the last paycheck.

Be on the lookout for this.

Understand that your Florida employer does not have to cut you a check immediately once you quit or are fired.  You should not anticipate your final paycheck until the next payday.

If you have been fired or quit-- and things are not quite on the best of terms make sure that you:

1. Provide your former employer with the correct mailing address that you want your check to be sent to. -- I would suggest that you do this in writing and keep a copy of the letter.  (This should not be an issue if your employer has direct deposit.
2. Make sure that you know exactly how many hours that you worked- regular and overtime- and have copy of timesheets to prove it.  Employers like to come up with some excuse why your overtime was not approved for the last timesheet.
3. Once your payday has come and gone-- send a letter to your employer demanding your wages.  KEEP A COPY OF THIS LETTER.
4. If you still do not have your money-- then you need to take legal actions.

Also watch out for deductions-- employers like to charge ex-employees for everything.  They cannot do this.  It is truly a violation if the deduction reduce your hourly wages below minimum wage.  If you a salaried employee, deductions could destory over exemption status and you could be able to get overtime.

Recently-- I have had numerous of people contact me over issues about their employer or now former employer reducing their paycheck for silly things-- like bathroom breaks or claiming that they were not working while on the clock.

The law considers this unauthorized deductions and most of them are not legal.  If your employer does not want to pay you your full paycheck- do not stand for it you have rights. 

First, if you work - you must be paid at least min. wage.  That is both state and Federal law.  So, if your employer is claiming that they do not like the quality of your work that is completely different from no work at all.  Any work must be paid for.

Bathroom breaks-- employment standard is that an employer can give you (2)  15 minute breaks- one in the morning and another in the afternoon.  Since they are shorter than 20 minutes, the law and the courts have determined that the employee must be paid for this time, since it is not long enough for the enjoyment of the employee- you cannot run your errands and return in a timely fashion. (usually 20 mins. is not long enough-- if you get 30 mins.- you should be off the clock as you run to WalMart). 

If you have had time reduced from your paycheck-- fight for your money-- set up a meeting with your employer, contact an attorney,  do something!!!- It is your money!!!

Good Luck!- 

contact me directly at KLR@ocalaw.com">DKLR@ocalaw.com for more info

Sometimes employees do not even know that they are missing out of rights and benefits that they are entitled to- just knowledge is key.

Here are some basic tips:

1. Gather information-- Before you do anything learn more about the law.  Check out some of the resources that are available.  I have gather some very useful ones. Read about your rights, the laws, and the benefits that are offered.  The Fair Standards Labor Acts provides a tremendous amount of rights to employs so I would start there.
2. Figure out what is wrong-- Is the right or benefit being denied to just me or all of the workers.  Is it just one supervisor causing most of hte problems.  Take a step back and reflect on the  problem as a whole and all the small parts.
3. Documentation-- I cannot stress the importance of detailed recordkeeping.  This can make or break a case.  Start a physical folder and one on your computer to store emails or other form, and documents.  Also keep tracks who, what ,WHEN, and where.  See how I stressed when becauses dates are very important when it comes to the law.

These point shoulder get you started.  I will continue to update on more tips.

Good Luck

Defending Employees? Rights and Wages

Danialle Riggins

Attorney

Sims, Amat, Stakenborg & Henry, P.A.

P.O. Box 3188

Ocala, FL  34478

352-629-0480 (Phone)

352-629-0421 (Fax)

email:  KLR@Ocalaw.com">DKLR@Ocalaw.com