Employment law - Jesse L. Skipper, P.A.

Employment law

One of my main practice areas is employment law. In addition to whistleblower and retaliation law, which is discussed on another page, this area includes workplace harassment, wrongful discharge claims, overtime and minimum wage claims, and numerous other matters. While in the vast majority of my cases I represent employees, I also frequently represent employers and welcome the opportunity to do so.

With respect to attorney's fees, I generally handle employment claims for employees on a contingency fee basis, and evaluate potential cases with that in mind

Other than retaliation and whistleblower claims, the main categories of employment claims that I handle are discrimination, harassment, wage and hour, and unpaid compensation.

Discrimination

Both federal and state law protect employees from discrimination based on race, gender, pregnancy, age, religion, national origin, and disability. A discrimination case can arise from various circumstances, such as wrongful termination, failure to promote, failure to hire, or differences in compensation.

Harassment

Harassment is a sub-category of discrimination. As a result, it is only harassment related to sex, race, age, etc. that is illegal. Prospective clients are often surprised to hear there is no general law against "harassment" in the workplace.

Employees should also understand that, in general, if they are being harassed by a co-worker or supervisor, the employee is obligated to take advantage of any internal complaint procedures that are available. Employers, especially large employers, will almost always have a section in their employee policy manual that specifies the procedures for complaining about harassment or discrimination. If you feel you are being harassed or treated unfairly on account of your race, gender, age, disability or other protected characteristic, find the policy manual and follow the procedures it requires. In many cases, if you do not, you will not have a valid claim as a result. Employees should also know that, in general, if they do complain, it is illegal for their employer to retaliate against them for doing so.

Wage and Hour

"Wage and hour" is lawyer's shorthand for the minimum wage and overtime laws. While the main law in this area is the federal Fair Labor Standards Act, which sets a minimum wage and requires payment of time-and-a-half overtime in many circumstances, Florida also has its own minimum wage law, known as the Florida Minimum Wage Amendment. It is a provision of the Florida Constitution added by Florida voters in 2004.

It is important for employees and employers to understand that, just because an employee is paid a "salary," that does not necessarily mean the employee is not entitled to be paid time and a half for overtime. Instead, this depends on whether the employee is exempt or non-exempt from the overtime laws. Whether an employee is exempt or not depends on whether the employee meets the requirements of one of several often complex legal definitions.

Another important thing to understand is that this is one area of law where an employee generally cannot contract away his or her rights. So, just because an employee has "agreed" not to be paid minimum wage or overtime will not prevent that employee from changing his mind later and making a legal claim against the employer.

Unpaid Compensation

Employees and employers often come to disagreement over money, especially regarding commissions, and especially regarding highly-compensated commission sales people. I know this area of law well, and unlike many lawyers, I am willing to handle these claims for employees on a contingency basis.

Areas of Practice

BUSINESS LITIGATION
EMPLOYMENT LITIGATION
REAL ESTATE LITIGATION
INTERNATIONAL LAW AND LITIGATION

Office Hours

By appointment only