Find Lawyers in Miami, Florida for Employment Law - Individuals
Practice Area Overview
Employment attorneys who focus on individuals specialize in the many areas where legal conflicts can arise between organizations and their employees. These disputes stem from issues with local, state or federal employment laws.
Employees or ex-employees who feel they were treated unfairly based on these laws can seek out an employment lawyer to provide support and representation.
Common concerns relate to wages, hiring practices, workplace safety and injuries, hours worked and discrimination in the workplace. However, there are many other types of labor laws that could lead to an individual working with an employment law lawyer.
Lawyers for employees may assist with negotiations and settlements, filing complaints with relevant administrative agencies and litigation in the courtroom. They also provide an initial consultation and follow-up discussions about the best course of action. That includes many considerations, such as the viability of the complaint itself and whether to pursue it at the federal or state level.
Their in-depth knowledge of this area of practice can help to address employee and ex-employee concerns. Attorneys may specialize in certain areas of employment law, such as workplace injury.
Employment law is a complex area of practice. Federal employment laws only apply to businesses that engage in interstate commerce, although in practice this covers the majority of employers. The size of a business, specifically the number of individuals it employs, can also lead to exemption from certain requirements.
State employment laws are limited to a specific state and the companies that do business within it. Employees can also be exempt from certain federal protections that would otherwise apply to them, depending on their role and level of compensation.
Working with an attorney who has a deep understanding of a specific area of employment law can be valuable. Examples include lawyers for employment rights and employment discrimination lawyers.
The Basics of Employment Law
Employment law is based on local, state and federal laws that govern the relationship between an employee and employer. This area of practice covers all of the rights and responsibilities of both of these parties.
Attorneys who work with and represent employees can be seen as practicing employment law for individuals. Attorneys who work with companies and organizations can be viewed as practicing employment law for employers.
Although not unique to employment law, jurisdiction plays an especially important role in this area of practice. Local and state laws can be more restrictive or impose more requirements than those enforced federally.
For example, some municipalities and states have laws that require payment of a higher minimum wage than the federal standard of $7.25 per hour. Employees covered by these laws are entitled to earn the higher, local- or state-level minimum wage.
Specific Areas of Focus for Employment Lawyers
Workplace Discrimination and Workplace Harassment
Various federal and state laws prohibit discrimination in the workplace, based on protected classes. States have a range of laws related to workplace harassment and discrimination, Federal laws and regulations include:
- The Age Discrimination in Employment Act.
- The Americans with Disabilities Act.
- The Fair Labor Standards Act.
- The Pregnant Workers Fairness Act.
- Title VII of the Civil Rights Act.
Such laws intend to prevent national origin discrimination and religious discrimination. They also prohibit discrimination based on gender identity, sex and sexual orientation and protect other classes of workers as well.
An employment dispute lawyer or similar attorney can provide representation to individuals who feel their employer did not comply with these laws.
Employees who face an injury or illness related to their work and work environment may be eligible for worker’s compensation. The claims process can be complex and denials of benefits are possible. An employment lawyer can help an individual employee navigate this process.
Wage and Hour Concerns
Various laws and regulations dictate the minimum rate of pay for employees. These rules also explain the conditions in which overtime must be paid and similar requirements.
Federal law additionally offers exemptions from specific wage and hour regulations for certain categories of employees. This categorization, part of the Fair Labor Standards Act, is based on their amount and type of pay (i.e. a salary as opposed to an hourly wage) and the type of work they typically perform.
Workers who feel their rights have been violated can work with an employment lawyer to file a complaint and seek restitution. In certain cases, a single employee filing a complaint can lead to a class-action lawsuit that involves all affected employees.
Select a location from the list below to find some of the best employment lawyers for employees in your area.
Robert Friedman practices in the area of ERISA, employee benefits and executive compensation. Since 1996, he has been the head of the firm's national Employee Benefits, Executive Compensation and ERISA Practice Group. Mr. Friedman is also co-chair of the ESOP (Employee Stock Ownership Plans) Practice Group. His clients include private, non-profit and governmental employers. He is a frequent speaker on employee benefits, ERISA fiduciary matters and pension and tax planning. Mr. Friedman’...
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