get answers to common questions in regards to workplace harassment, discrimination, wages and employee rights.
Discrimination and harassment in the workplace are both unlawful. Discrimination is being treated differently to others on the basis of other prohibited categories such as national origin, race/color, gender, religion, etc. Harassment is being mistreated by another person based on prohibited categories such as national origin, race/color, gender, religion, etc.
In simple terms, discrimination often feels unfair whereas harassment may feel intimidating or abusive. Discrimination and harassment violate both federal and Florida state employment laws. In some cases, what starts as discrimination may evolve into harassment.
The Fair Labor Standards Act is legislation that has protected employees across the U.S. since 1938.
Broadly, it covers four main areas of employment. Minimum wage, Overtime pay, Recordkeeping, and Child labor. The legislation is regularly updated and works alongside other local state legislation like the Florida Minimum Wage Act, F.S. 448.01.
If you are looked over for a promotion that you think you deserve based on the results you have achieved, and you suspect it is because of your gender, you may have a case for workplace discrimination. However, if you are on the receiving end of lewd, offensive or derogatory remarks from your boss, you may have a case for workplace harassment.
This applies equally to ethnic slurs or racist jokes: this is workplace harassment based on national origin or race.
Intermittent FMLA leave may be used for bonding with a newborn child or for the placement of a newly adopted or fostered child, but the employer must approve the use of such intermittent leave. If the newly born or newly placed child has a serious health condition, the employee has the right to take FMLA leave to care for the child intermittently, if medically necessary and such leave is not subject to the 12-month limitation.
The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. Employees are also entitled to return to their same or an equivalent job at the end of their FMLA leave. Military family leave is also covered by the FMLA. FMLA leaves may be taken by eligible employees for specific reasons related to the deployment of their family members in the armed forces. In addition, they may take up to 26 weeks of FMLA leave in a single 12-month period to care for a covered service member who is seriously injured or ill.
A person is eligible to take leave under the FMLA if they: work for a covered employer; have worked 1,250 hours in the 12 months prior to taking leave (special rules apply to airline flight crew members). Employees who have worked for the employer for 12 months are eligible for FMLA leave, even if those 12 months were not consecutively worked.
FMLA applies to all public sector employers, including local, state, and federal employers, and local education agencies (schools); and private sector employers with at least 50 employees for 20 hours a week in the current calendar year or in the previous calendar year, including joint employers.
Even though there are exceptions, you generally have 180 days to file a complaint with the EEOC. For those who face ongoing discrimination – perhaps you have been working in a hostile work environment for years – you should act quickly.
You have 180 days from the last time an incident qualifies as a discriminatory act. If the discrimination was willful, however, you have three years.
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