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Located in the Miami metropolitan area, the Law Offices of Santiago J. Padilla, P.A., offers comprehensive services for business clients with a variety of needs.

Employment Law Archives

Automobile Salespersons are Entitled to Overtime Compensation

Every now and then we are asked whether or not automobile salespersons are entitled to overtime compensation.  The U.S. Department of Labor (DOL) answered that question in the affirmative several years ago in an action the DOL brought against Plattner Automotive Group, which operates 11 dealerships in the State of Florida.  The Department of Labor determined that the company had violated provisions of the Fair Labor Standards Act (FLSA). One of the points stressed by the DOL in that case was that while there is an overtime exemption for commissioned automobile salespersons, such salespersons must still be paid at least the federal minimum wage for all of the hours that they work.

Florida False Claims Act may be a Remedy for Employees that are Faced with doing Employer's Bad Deeds

Under the Florida False Claims Acts, if an employee becomes aware that his or her employer has filed a false claim to a governmental agency, that employee may file a lawsuit and be awarded as much as 25 to 30 percent of the amount recovered. There is also a federal False Claims Act that covers federal false claims. For example, if an employee is required to submit a false time card or false report (e.g., an insurance report) to a state or federal agency under which the employer has a contract to provide products or services, the employee may sue under the applicable Florida or federal False Claims Act and will be awarded compensation. These laws are meant to assist the government in recovering money that is stolen by government contractors. The lawsuits are called "Qui Tam" lawsuits, which is short for "Qui tam pro domino rege quam pro se ipso," a Latin phrase which means "He who sues on behalf of the King, also sues for himself as well."

The Glass Ceiling is Lower than Ever

This week, a group of former associates of the Jones Day law firm filed a class-action complaint against the firm alleging that female associates are discriminated against based on gender, pregnancy, and maternity.  The Complaint (Complaint versus Jones Day.pdf) that was filed in the U.S. District Court for the District of Colombia, alleges that the law firm hires approximately the same number of male and female associates, but that women associates make less money and are outnumbered when it comes to making partner. According to the lawsuit, if a woman gets pregnant, the consequences are worse - she usually gets fired.

Gender Discrimination a Problem in Many Workplaces

According to a survey done by Ranstad US, issues related to gender equality at work can be dealt with by men acting as advocates for it. Furthermore, respondents often cited mentoring programs geared toward women as a way to help achieve gender equality at work. However, workers in Florida and throughout the country may not necessarily know what they can do on their own to create a better environment for their colleagues.

Legislation Could help Florida Workers

Although the American workforce is aging, older workers are at a higher risk of being subject to age discrimination. A bipartisan piece of legislation called the Protecting Older Workers Against Discrimination Act, or POWADA, would seek to reverse a 2009 Supreme Court decision. That ruling made it more difficult for workers to show that age played a role in a demotion or termination. If POWADA passes, workers would not need to show that age was the sole reason for an employment decision.

Employees who feel that they are being Subjected to a Hostile Work Environment Must Take Advantage of the EEO Procedures Implemented by Employer

By: Santiago J. Padilla, Esq.