Criminal Defense · Business Law · Miami-Dade & Broward County Available 24/7 ES

Employment Law for Employers

Most employment claims grow out of everyday decisions — how someone was classified, paid, disciplined, or let go. We help employers get those decisions right, and respond firmly when a claim arrives.

Who we represent

We represent employers — small and mid-sized businesses, professional practices, restaurants and hospitality groups, contractors, and growing companies that may not have an in-house HR or legal department. We do not represent employees in claims against employers. Our goal is practical: policies people will actually follow, decisions that are documented, and a clear plan when a dispute surfaces.

What we handle

  • Employee handbooks and policies — anti-harassment, leave, timekeeping, discipline, and complaint procedures
  • Worker classification — employee versus independent contractor, and exempt versus non-exempt
  • Wage-and-hour compliance — minimum wage, overtime, tip practices, and recordkeeping
  • Hiring and separation documents — offer letters, employment agreements, and severance and separation agreements
  • Demand letters from employees or their attorneys
  • Discrimination and retaliation charges before the EEOC and the Florida Commission on Human Relations
  • Restrictive covenants — non-compete, non-solicitation, and confidentiality agreements with employees

The laws that come up most

  • Fair Labor Standards Act (29 U.S.C. § 201 et seq.) — the federal law governing minimum wage, overtime, and related recordkeeping for covered employers.
  • Florida Minimum Wage Act (section 448.110, Florida Statutes) — Florida sets its own minimum wage, adjusted under the statute. Before an employee can sue for unpaid minimum wages under this section, subsection (6) requires written pre-suit notice to the employer, which then has 15 calendar days to pay or otherwise resolve the claim. That window is a real opportunity, and it should not be ignored.
  • Florida Civil Rights Act of 1992 (Chapter 760, Florida Statutes) — Florida’s employment-discrimination law, administered by the Florida Commission on Human Relations, alongside the federal anti-discrimination laws enforced by the EEOC.
  • Restrictive covenants (section 542.335, Florida Statutes) — a covenant must be in a writing signed by the employee and supported by a legitimate business interest. For restrictions on a former employee, subsection (1)(d)1. presumes six months or less reasonable in time and more than two years unreasonable.

When a demand letter or charge arrives

A demand letter or agency charge has its own response deadlines, and early decisions — what to preserve, who to interview, what to say to the employee — can affect everything that follows. We:

  1. Calendar every deadline stated in the letter, notice, or charge.
  2. Preserve the records — personnel files, time and pay records, emails, and messages.
  3. Investigate quietly and thoroughly, so the response rests on facts rather than assumptions.
  4. Avoid retaliation risk by guiding how managers treat the complaining employee in the meantime.
  5. Respond or resolve — a position statement, a negotiated separation, mediation, or a defense in litigation.

When workplace misconduct may be criminal

Sometimes the issue is not an employee’s claim against the company but an employee’s conduct against it — missing funds, falsified records, or stolen data. Those situations call for care before anyone is confronted or reported. Our business team can work alongside the firm’s white collar and fraud attorneys on internal investigations so the company protects its rights without creating new exposure.

Common Questions

Employer questions we hear often

How do I know whether a worker is an employee or an independent contractor?

The label in a contract is not decisive. Agencies and courts look at the actual working relationship, such as how much control the business has over the work and whether the worker is economically dependent on it. Different laws use different tests, so classification decisions are worth reviewing before a dispute arises.

An employee’s lawyer sent us a demand letter. Should we respond?

Usually yes, but not before you understand the claim and the facts. Preserve relevant records, avoid any action toward the employee that could look like retaliation, and have counsel evaluate whether to respond, negotiate, or prepare a defense.

We received a charge of discrimination. What happens next?

The agency will typically notify the employer and request a response, often called a position statement, and may offer mediation. The response should be accurate and supported by documents, because it can be used later if the matter proceeds. Note the response date on the notice immediately.

Are non-compete agreements with employees enforceable in Florida?

They can be. Florida law requires the covenant to be in a writing signed by the employee and supported by a legitimate business interest, and its duration, area, and scope must be reasonable. A poorly drafted covenant may be narrowed or not enforced, so drafting matters.

Do we need a separation agreement when someone leaves?

Not always, but when an employer pays severance it is common to ask for a release of claims in return. Certain federal requirements apply to releases of some claims, including age-discrimination claims, so the agreement should be drafted for the situation.

Handle the next workplace issue with a plan.

Whether you are updating policies or responding to a claim, start with a conversation. Your consultation is free and confidential.