"Employment at will" means that an employer can terminate an employee at any time for any reason (except an illegal one), and the employee is free to leave the job at any time for any reason without legal consequences. This doctrine applies unless there is an employment contract or a law that specifies otherwise.

If you believe your employer is violating labor laws, it's important to take appropriate steps to protect your rights and seek justice.

Step 1 – Document the Violations. This includes dates, times, and descriptions of the incidents, as well as any relevant communications, such as emails or memos.

Step 2 – Report Internally. Raise the issue with your human resources department. Many companies have internal procedures for addressing complaints and violations.

Step 3 – File a Complaint. If internal reporting does not resolve the issue, contact the relevant government agency to file a formal complaint. This could be the Department of Labor (DOL) for wage and hour issues or the Occupational Safety and Health Administration (OSHA) for workplace safety concerns.

Step 4 – Seek Legal Advice. Consult with an employment lawyer for guidance and potential legal action. An employment lawyer can provide valuable advice on your rights and the best course of action. They can also represent you in negotiations or in court if necessary.

The United States has several key federal labor laws designed to protect employees and ensure fair treatment in the workplace. These include:

1. Fair Labor Standards Act (FLSA): Establishes minimum wage, overtime pay, and child labor standards.

2. Occupational Safety and Health Act (OSHA): Ensures workplace safety and health.

3. Family and Medical Leave Act (FMLA): Provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons.

4. Equal Employment Opportunity (EEO) Laws: Prohibit workplace discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information.

5. Employee Retirement Income Security Act (ERISA): Regulates employer-sponsored retirement and health plans.

At O’Beidy & Associates, we handle all cases related to these fundamental employee rights with dedication and expertise. Whether you are facing issues with wage disputes under the FLSA, workplace safety concerns under OSHA, family leave entitlements under the FMLA, or discrimination claims under EEO laws, our experienced team is here to advocate for you.

Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for specific family and medical reasons. These reasons include the birth and care of a newborn, adoption or foster care placement, caring for an immediate family member with a serious health condition, or the employee's own serious health condition that makes them unable to perform their job.

Additionally, employees can take up to 26 weeks to care for a covered service member with a serious injury or illness. During FMLA leave, employers must maintain the employee's health insurance under the same terms as if they were working. Employees are required to provide advance notice when the need for leave is foreseeable, and employers may request medical certification. The FMLA protects employees from retaliation for exercising their leave rights, ensuring they can return to their original or an equivalent position upon return from leave.

Under the Occupational Safety and Health Act (OSHA), employees are guaranteed the right to a safe workplace. This includes being informed about potential hazards, receiving comprehensive safety training in a language they understand, and accessing records of work-related injuries and illnesses. Employees also have the right to request an OSHA inspection if they believe their workplace is unsafe and can do so confidentially. Importantly, employees are protected from retaliation when reporting safety violations or exercising their OSHA rights, ensuring they cannot be fired, demoted, or discriminated against for raising health and safety concerns.

Under the FLSA, employees are entitled to minimum wage, overtime pay for hours worked over 40 in a workweek, and restrictions on the employment of minors. This law ensures that workers receive fair pay and are protected from excessively long hours without appropriate compensation.

The current minimum wage in Florida is $13.00 per hour as of 2024. This rate will gradually increase until it reaches $15.00 per hour by 2026. Employees must receive overtime pay at a rate of 1.5 times their regular hourly wage for any hours worked over 40 in a workweek. Restrictions on the employment of minors include a minimum age of 14 for most jobs, limited working hours, and a prohibition on working in hazardous occupations. In Florida, these minors can work a maximum of 3 hours on school days, 8 hours on non-school days, and 18 hours during a school week, between 7 a.m. and 7 p.m.