Florida Law
Florida Employment Law: Management
- Employment Law: Management
Employment Law: Management
Business owners today must be more aware than ever of the legal
aspects of the employer-employee relationship. Employment law
covers a wide range of issues, such as discrimination, safety,
unemployment compensation, wages and workers’ compensation. Even
the seemingly simple determination of who is an employee under
the law can be tricky, and mistakes can have serious and costly
consequences.
Just as varied are the sources of employment law. A Florida employer’s
employment question may be answered by the United States Supreme
Court, the Eleventh Circuit Court of Appeals, the Florida Supreme
Court, federal administrative agencies such as the Occupational
Safety and Health Administration, or state administrative agencies
such as the Florida Department of Labor and Employment Security.
This chapter will survey some of the major aspects of employment law with the exception of workers' compensation which is covered exclusively in the Workers' Compensation Defense Law Chapter.
The Employment Relationship
Inherent in any employment relationship are certain rights and responsibilities of both employers and workers. Like the workplace itself, however, these rights and responsibilities have changed over time. Yet certain fundamentals have remained constant. It is important that employers have a basic understanding of their rights and duties within the employment relationship.
Who Is an Employee?
Whether a worker is an employee or an independent contractor is
an important question affecting the legal relationship between
a worker and a business. The classification determines whether
a business must withhold taxes on compensation it pays, what records
it must keep, whether it should have unemployment insurance, and
whether it is subject to federal and state wage and hour regulations.
For example, an employer who retains someone as an independent
contractor does not have to pay certain taxes on the worker’s
income.
Whether a worker is an independent contractor or an employee is
based on the work performed, not the worker’s title. The more
control an employer has over a worker, the more likely it is the
worker is an employee. On the other hand, the more a worker acts
like an independent business enterprise, the more likely the worker
is an independent contractor. In some cases, the status is clear:
a worker who arrives at a set time every day, is trained by the
employer, uses the boss’ tools or equipment and is paid by the
hour, week or month, most likely is an employee. Someone who works
for more than one company at a time, sets his or her own hours,
and realizes a profit or risks a loss probably is an independent
contractor.
An employer could be subject to fines if the Internal Revenue
Service, the Florida Revenue Department, or the Florida Department
of Labor and Employment Security determines a worker has been
an employee when the employer treated him or her as an independent
contractor. An employer who is unsure about a worker’s status
should ask a federal or state agency for an opinion based on the
agency’s guidelines. Guidelines vary from agency to agency, and
one agency may classify someone as an employee even though another
considers the same worker an independent contractor.
Compensation
Employers compensate people for work performed in many different
ways. The most common method of compensation is wages in the form
of dollars per hour. Florida law does not set a minimum wage,
but under federal law the minimum wage for adult workers in the
United States is $4.25 per hour. Employers must pay at least the
minimum wage, although there are some exceptions. For example,
a minimum wage of $3.75 per hour applies to workers under 18 years
of age.
The federal Fair Labor Standards Act limits the standard work
week to 40 hours for most employees, excluding executives and
professionals. Work beyond 40 hours per week requires overtime
pay, which is defined as at least 1-1/2 times the regular hourly
rate. Florida law requires that an employer pay overtime after
10 hours of work in one day.
Employment laws also regulate child labor. For example, according
to Florida’s child labor law, minors may work generally, but they
are restricted in the number of hours they are allowed to work,
especially when school is in session. For example, children who
are 14 or 15 years of age may work only three hours each school
day and no more than 15 hours per week while that school is in
session. Older children are restricted similarly. Children under
the age of 13 may not be employed, except to deliver newspapers
or work in entertainment. No child under the age of 18 is allowed
to work in a hazardous occupation or where alcohol is served.
Employers who employ minors must follow other rules, such as providing
meal breaks.
Other ways employers compensate employees include salaries (based
on an annual rate), bonuses, tips, profit-sharing plans, stock
options and commissions.
Anti-Discrimination Law
Four major federal laws–the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1990–protect people from workplace discrimination in the United States. Under these laws, employers are prohibited from discriminating on the basis of age, color, disability, gender, national origin, race or religion. Florida workers have additional protection under Florida law, which prohibits discrimination on the basis of HIV or AIDS infection, marital status or sickle cell trait.
Federal Civil Rights Laws
People often refer to “Title VII” rights when they are talking
about a particular section of the Civil Rights Act of 1964. Title
VII prohibits discrimination in a wide number of employment areas
including advertisements for jobs, apprenticeship programs, benefits,
firing, hiring, layoffs, promotions, recalls, recruitment, testing,
training and transfers.
Under certain extremely limited circumstances employers are allowed
to base their employment decisions or practices on a person’s
gender, race, etc., if the employer can demonstrate a truly legitimate
need. For example, it is legal to hire only women to be attendants
in women’s locker rooms. Religious institutions may refuse to
hire individuals based on their religious beliefs, but only for
positions that are directly related to the performance of religious
duties.
Certain employers, such as police departments, may base some employment
decisions on an applicant’s physical abilities. Other types of
hiring criteria are allowed if they measure skills that are truly
essential for an applicant to have in order to perform a particular
job, and if they are not applied in a selective or discriminatory
way. For example, an employer may test applicants for administrative
jobs on their computer skills.
Florida courts apply a test created by the United States Supreme
Court to determine whether there has been discrimination in the
workplace. The employee or applicant must show that:
• He or she is a member of the protected class of people
• The employee or applicant was qualified for the job from which
he or she was fired or for which he or she applied
• The termination or rejection happened even though the employee
or applicant was qualified
• The position was filled by a person who is not a member of
the protected class
An employer who unlawfully discriminates may be forced to reinstate
or promote an employee, institute new non-discriminatory work
procedures or pay compensatory and punitive damages.
Age Discrimination
The Age Discrimination Employment Act of 1967 (ADEA) is a federal
law prohibiting age-based discrimination in employment. The ADEA
covers both public and private employers, employment agencies,
and labor organizations, and affects employees or applicants over
40 years of age. Among other things, the ADEA prevents most employers
from enforcing mandatory retirement policies, except in specific
circumstances in which age is a particularly important qualification
(e.g., airline pilot or police officer). As long as a person is
able to perform the required work satisfactorily, he or she may
not be forced to retire. The Florida Civil Rights Act also forbids
discrimination on the basis of age.
Sex Discrimination and Sexual Harassment
Title VII of the Civil Rights Act of 1964 prohibits employers
from discriminating on the basis of sex, as does the Florida Civil
Rights Act. Employers are prohibited from making employment decisions
on the basis of gender, such as granting senior management positions
only to men.
The law against sex discrimination encompasses pregnancy and related
matters. An employer who fires or refuses to hire a pregnant woman,
forces her to take maternity leave or another job, or bars her
from returning to work for a period of time after her pregnancy
may be unlawfully discriminating against her. Generally, an employer
must treat pregnant women the same as other workers who cannot
perform their jobs for short periods of time. Thus, if an employer
allows employees to take leave for a broken leg or short-term
illness, the employer must allow pregnant women to take leave
under the same terms and conditions. An employer also is required
to transfer a pregnant employee to a less hazardous or strenuous
job during her pregnancy if the employer makes such provisions
for other workers with temporary disabilities. A pregnant woman’s
employment status may be changed only if her pregnancy interferes
with her ability to perform her job. Pregnancy leave also is protected
under the Family and Medical Leave Act (discussed below).
Another form of sex discrimination is sexual harassment. Sexual
harassment is defined generally as any form of unwelcome sexual
conduct that creates an intimidating, hostile or offensive work
environment. Examples of prohibited conduct include:
• Requests for sexual favors in exchange for employment benefits
• Unwanted sexual propositions
• Sexually graphic materials on display in the workplace
• Leering, whistling or gestures of a sexual nature
• Comments about an individual’s appearance or body, or comments
of a sexual nature
• Unwanted sexual contact or touching, such as pinching, grabbing
or brushing against another person’s body
Sexual harassment may be proven if participation in any of the
above activities is required to get or keep a job, to qualify
for a promotion or benefits, or if it makes it harder for a worker
to do his or her job by creating a hostile environment. The law
requires that the behavior be unwelcome, undesirable and offensive
to be considered sexual harassment. The law uses the “reasonable
person” standard to determine what is offensive: if a reasonable
person would find an action offensive, then it is offensive under
the law.
All employers should devise sexual harassment policies if they
do not already have them. A policy should state clearly that sexual
harassment is illegal and will not be tolerated. The policy should
be posted or otherwise communicated to employees and procedures
should be developed to handle employee reports of harassment.
Discrimination Based on Disability
The federal Americans with Disabilities Act of 1990 (ADA) and
the Florida Civil Rights Act ban employment discrimination based
on disability. Florida courts have defined a disability as a physical
or mental impairment of a permanent nature that substantially
limits one or more of the person’s major life activities. By “life
activities” the law means tasks that the average person can perform
with little or no difficulty, such as caring for oneself, walking,
sleeping, speaking, seeing, hearing, understanding basic concepts
and breathing.
The law does not impede an employer’s freedom to hire or promote
employees with the skills necessary to perform the essential duties
of a job. But the law does prohibit employers from making employment
decisions based upon an employee’s physical or mental abilities
that are not essential to the job. For example, an employer may
not refuse to hire as a daycare provider a person with epilepsy,
simply because the employer thinks the employee should be able
to drive to a hospital in an emergency. In this example, driving
is not an essential duty of the job, so it is not a valid reason
to discriminate against the applicant who is prevented from having
a driver’s license by his or her epilepsy.
Moreover, the ADA requires that employers make reasonable accommodations
for physically or mentally disabled employees, so as to enable
the employees to perform their jobs better. By definition, a reasonable
accommodation cannot unduly burden the employer. The employer
only must do what is reasonable to accommodate a person’s disability,
including modifying a work schedule, providing special training,
buying or modifying special equipment, or reassigning to another
position an employee who no longer is able to do the “essential
duties” of a job. Other examples of reasonable accommodations
include modifying stairways, doorways, drinking fountains or machinery.
Discrimination Based on AIDS or HIV
Individuals with acquired immune deficiency syndrome (AIDS) or
human immunodeficiency virus (HIV) are protected against employment
discrimination under both state and federal law. The ADA prohibits
discrimination against individuals with AIDS or HIV. Florida law
also prohibits any person from:
• Requiring an individual to take an HIV test as a condition
of hiring, promotion, or continued employment, unless the absence
of HIV is a bona fide occupational qualification for the job in
question
• Classifying, segregating, failing to hire, discharging or
otherwise depriving someone of employment opportunities because
he or she may have HIV or AIDS
• Classifying, segregating, failing to hire, discharging or
otherwise depriving someone of employment opportunities because
he or she is a licensed health care worker who treats or cares
for HIV-infected persons
Anyone found in violation of this Florida law may be required
to pay the aggrieved party $5,000 in damages in addition to attorney’s
fees and whatever other relief the court deems appropriate.
Enforcement of Anti-Discrimination Law
Any Florida employee who thinks he or she has suffered discrimination
at work must seek relief through either the Florida Commission
on Human Relations (FCHR) or the federal Equal Employment Opportunity
Commission (EEOC) before filing a lawsuit. Because the two agencies
have common jurisdiction, a complaint may be filed with either
the FCHR or the EEOC. If required, the agency taking the complaint
will forward all documentation to the other agency.
Both agencies are required to notify the employer of the charge
of discrimination and the employer is given the opportunity to
present information as part of any investigation. The power to
conduct an investigation is vested in both agencies as well. If,
after the investigation, the agency has probable cause to believe
that discrimination did occur, the complainant has the option
of pursuing the matter through the agency (by way of an administrative
hearing) or taking the matter to civil court.
Both the FCHR and the EEOC can impose various penalties or damages
against an employer. An employer may be required to hire, reinstate
or promote an employee. Other awards for wrongful discrimination
include back pay and limited money damages. A court can award
the same relief and is not bound by limitations on the amount
of money damages; consequently, complainants tend to receive larger
damage awards from courts.Federal law prohibits an employer from
retaliating against an employee who has made a discrimination
charge, or who has testified, assisted, or otherwise participated
in any discrimination complaint proceeding.
Other Workplace Rights and Responsibilities
Drugs in the Workplace
Under Florida law, employers with four or more employees are permitted
to test for drug or alcohol abuse under some circumstances. Employers
may test:
• Job applicants
• Employees reasonably suspected of drug or alcohol abuse
• Employees as part of a routine fitness-for-duty medical examination
• Employees who have completed an employee assistance program
for drug-related problems
• Employees on a random basis, as long as it is conducted on
a reasonable and nondiscriminatory basis
All testing must be done according to procedures set by the Florida
legislature and the results are strictly confidential. The employer
must pay for the testing. Prior to any tests, the employer must
give job applicants and employees written notice explaining the
testing policy. If an employee or job applicant tests positive
for drugs or alcohol, the employer may fire or refuse to hire
the person.
Additionally, various federal laws govern drug use or drug testing
in certain employment situations. For example, the federal Drug
Free Workplace Act of 1988 requires that recipients of federal
grants and most federal contracts have comprehensive substance
abuse policies. Rulings by the National Labor Relations Board,
regulations promulgated by the Department of Transportation, Department
of Defense rules, and judicial interpretations of the federal
Constitution and civil rights laws also have considered the issues
of substance abuse or rehabilitation in the workplace. Generally,
an employer may test for drugs and alcohol only under certain
conditions, such as when there are employees in safety-sensitive
positions that directly affect the safety of other workers or
the general public, or when an employee unmistakably violates
workplace rules on drugs or alcohol while operating an employer’s
machinery, equipment or vehicle.
In order for employers to qualify for discounts in Florida’s workers’
compensation program, they are required to establish a Drug-Free
Workplace Program. Employers must conduct job applicant, reasonable
suspicion, routine fitness-for-duty, and follow-up drug testing.
Positive results must be confirmed. Employers are protected specifically
by statute, which recognizes that employers may discharge, discipline
or refuse to hire based on the results of a test or the refusal
to comply with the program, and the employment action will be
considered “for cause.” The law also exempts employees from “handicapped”
or “disability” status based solely on the positive results of
a drug test.
Safety and Health Standards
Workplace safety and health standards are governed by the federal
Occupational Safety and Health Act (OSHA), Florida’s Workers’
Compensation Act, and Florida common law. Under these laws, an
employer is responsible for ensuring that working conditions are
safe and healthful. More specifically, an employer must provide
working conditions free from recognized hazards that cause, or
are likely to cause, death or serious injury. The duty to provide
a reasonably safe work environment includes providing standard
methods of sanitation and hygiene, providing safe tools, warning
employees of job hazards, furnishing protective gear and remedying
workplace dangers.
Employers must alert employees to their OSHA rights by displaying
an “Occupational Safety and Health Protection on the Job” poster.
All places of employment are subject to inspection for compliance
with applicable safety and health standards. Fines and criminal
penalties can be assessed for noncompliance.
Employers also have certain rights under OSHA. For example, employers
may request a variance from an OSHA standard in some situations,
may participate in the process of developing or revising standards,
or may go before the Occupational Safety and Health Review Board
to request that a citation or penalty be reviewed and changed.
Smoking in the Workplace
The Florida Clean Air Act makes it unlawful to smoke in a public
place, except in designated smoking areas. Places of employment
are included in the definition of a “public place,” as are courthouses,
government buildings, grocery stores, museums, restaurants that
seat more than 50 people, and theaters. Areas designated for smoking
must be clearly marked and no more than half the floor space of
an enclosed indoor area may be designated for smoking. Some areas
may not be designated as places to smoke under any circumstances.
These places include conference rooms, corridors, entrances, restrooms
and stairwells.
Employers who employ workers who smoke must create and implement
a smoking policy. All employees working in a designated smoking
area must agree with the designation. If a single worker objects,
the employer may not designate that area a smoking area. The smoking
policy must be posted.
Employment of Migrant Labor
Because of abuses in the past, both the federal and state governments
have enacted laws to protect migrant or seasonal farm laborers.
Knowing the laws surrounding the employment of migrant labor is
relevant especially for Florida employers.
Farm labor contractors must register annually with both federal
and state authorities. A farm labor contractor is described as
anyone who hires, transports, recruits or supervises farm workers.
The law mandates that, in addition to other requirements, farm
labor contractors:
• Show their registration certification when hiring anyone for
farm labor
• Distribute or pay all money entrusted to them
• Provide workers a written statement itemizing all deductions
from wages
• Prominently display at the worksite a written statement (in
English and Spanish) with the rate of compensation the employer
receives from the grower and the rate of compensation paid to
the workers
Violations of either state or federal law are punishable by fines
of up to $1,000 per violation and a year in prison. An employer
who knowingly recruits or hires illegal aliens may be fined up
to $10,000 and may be sentenced to up to three years in prison.
Whistleblower Protection
“Whistleblower” is the term used to describe employees who report criminal or civil violations committed by employers. Generally, an employer is prohibited from retaliating in any way against an employee, applicant or other person disclosing information about the employer’s wrongdoing. For example, if an employee acts in good faith and reports suspected illegal activities to the employer, a governmental agency or law enforcement officer, the employee may not be fired. Employers who retaliate against whistleblowers subject themselves to civil liability. Available forms of damages include an injunction against further retaliation, reinstatement of a terminated employee, compensation for lost wages and compensatory damages.
Family and Medical Leave
Employee leave for family or medical responsibilities is governed
by federal law, which requires certain employers to provide family
and medical leave to qualified employees. The Family and Medical
Leave Act of 1993 (FMLA) allows qualified employees to take up
to 12 weeks of unpaid leave to attend to family matters. Such
matters may include care of a newborn or newly adopted child,
care of a newly acquired foster child, tending to an immediate
family member with a serious health condition, or care for one’s
own serious health condition.
Men and women are entitled equally to this leave, but not every
worker is qualified. A person must be a full-time government employee,
or employee of a company with 50 or more employees who has worked
for the company at least 12 months and at least 1,250 hours during
the 12 months immediately prior to taking leave. Under most circumstances,
an employee may elect or the employer may require the use of accrued
paid leave for periods of unpaid leave under the FMLA.
When the leave is foreseeable, an employee must provide the employer
with at least 30 days’ notice. If the leave is not foreseeable,
notice must be given as soon as it is practical. An employer may
require medical certification of a serious health condition from
the employee and may require periodic reports during the leave
of the employee’s status and intent to return to work. In addition,
an employer may require a fitness-for-duty certification upon
return to work in appropriate situations.
The employee is not entitled to accrue benefits such as vacation
time or sick leave during a leave under the FMLA. Any benefits
accrued by the employee at the time of the leave, however, stay
with the employee. During the leave, the employer must maintain
the health benefits the employee was receiving at the time leave
begins, at the same level and in the same manner as if the employee
had continued to work.
When an employee returns from leave under the FMLA, the employee
is entitled to be restored to the same job as when the leave began.
If the same job is not available, the employer must place the
employee in an equivalent job with equivalent pay, benefits, duties
and responsibilities. Under the Act, employers are prohibited
from discriminating against or interfering with employees who
take FMLA leave.
Veterans' Reemployment Rights
Certain veterans returning from active duty are entitled to reemployment
by their previous employer under the Veterans’ Reemployment Rights
Act. To qualify, a veteran must meet the following requirements:
• Held an “other than temporary” (not necessarily “permanent”)
civilian job
• Left the civilian job for the purpose of going on active duty
• Did not remain on active duty longer than four years, unless
the period beyond four years was “at the request and for the convenience
of the federal government”
• Was discharged or released from active duty “under honorable
conditions”
• Applied for reemployment with the previous employer within
90 days of separation from active duty
Reinstatement must occur within a reasonable period of time and
to a position of similar status, responsibility and pay. In addition,
the veteran’s seniority level must be at the level it would have
been had the veteran kept the position continuously during military
service.
Termination
Firing a worker may be emotional for both the employer and the employee. Employers should recognize that treating an employee fairly during an involuntary termination may benefit the employer by deterring the employee from seeking legal action.
Employment at Will
Under Florida law, employment contracts that do not specify a definite term of employment are terminable “at will.” An employee may quit at any time for any reason. Importantly, the employer also may terminate the employee at any time for any reason, as long as it is not an illegal reason (such as race or gender discrimination). The power to discharge an at-will employee is limited by public policy and the employer’s responsibility to act in good faith and to deal fairly. Recently, some plaintiffs have challenged Florida’s at-will policy, arguing that the employer’s personnel handbook laid out a termination procedure requiring good reason or cause. The courts, however, largely have resisted these arguments and continue to view most employment contracts without a definite term of employment as terminable by either party at their discretion.
Reasons for Termination and Prohibitions to Firing
Employment contracts that specify a definite term of employment
are not terminable at will. An oral or written contract may guarantee
employment for a specific period of time and promise that the
employer will terminate the employee only for specified reasons.
Under this arrangement, both parties are required to abide by
the terms of the agreement, including the length and the method
of terminating the employment relationship. Parties to the contract
who fail to abide by its terms may be subject to a breach of contract
lawsuit.
If the employment relationship is not at will, termination must
be "for cause.“ Causes that justify job termination include habitual
lateness or absence, theft of the company’s or a co-worker’s property,
falsifying records and other illegal employee actions. As noted,
dismissals are illegal when based on age, color, disability, gender,
HIV or AIDS infection, marital status, national origin, race,
religion or sickle cell trait. In addition, an employer is prohibited
from firing an employee for other reasons, such as good faith
reporting of alleged violations of the law, taking lawful leave
or reporting to jury duty, or engaging in legal activities off-premises
and after working hours.
Defamation Related to Termination
Fired employees sometimes sue former employers for libel (defamation in written form) or slander (defamation in oral form). Defamation related to termination occurs when the former employer makes a statement about the former employee, knowing it is false or with a malicious purpose. Falsely criticizing a fired employee in front of others is another type of action that could increase an employer’s vulnerability to defamation charges. Truth is an absolute defense in any defamation lawsuit, and thus, it is important that an employer always state truthful reasons for any termination.
Trade Secrets and Non-Compete Agreements
Companies seeking to defend their competitive position in the
marketplace may limit the kind and amount of information a former
employee may share with others.
A trade secret is any confidential information, machine, pattern
or process that may give its user an advantage over his or her
business competitors. Trade secrets are the property of the employer
and no one, including an ex-employee, is permitted to share or
disclose a trade secret without authorization from the employer.
An employer can seek an injunction to prevent the sharing or use
of a trade secret, or sue for money damages if the trade secret
has been disclosed already. The amount of money damages may be
considerable depending on the value of the trade secret.
Another option to protect a business is the noncompete agreement.
Under Florida law, a non-compete agreement limits an employee’s
or an independent contractor’s right to compete with an employer
in a given geographic area for a certain period of time. An employer
may request that an employee sign such an agreement at the beginning
of the employment relationship or when the employee gains more
responsibility. Usually employers will seek noncompete agreements
from highly valuable workers with specialized knowledge or unique
abilities.
Whatever limits the agreement imposes must be reasonable and extend
only as far as necessary to protect the employer from irreparable
harm. The agreement must be reasonable in its limitations as to
geographic area, scope of activity and length of time. For example,
a noncompete agreement might state that if the employee leaves,
he or she must wait two years before working for the employer’s
competitor. Arguably, this limitation would be enforceable because,
after two years, whatever information or expertise the employee
has probably would be too outdated to cause the employer irreparable
harm. Other types of noncompete agreements prevent an employee
from starting a business that competes with the former employer
or from contacting the former employer’s customers.
Unemployment Compensation
Unemployment compensation in Florida is an employer-funded program entitling eligible employees to benefits in the event they become unemployed through no fault of their own. Employers fund the program through unemployment insurance. The Corporate Tax Law Chapter discusses the unemployment tax more fully.
Unemployment benefits are not automatic; the worker must apply
for them from the Division of Unemployment Compensation at the
Florida Department of Labor and Employment Security. After gathering
information about an applicant, the Division makes an initial
determination as to whether the person is eligible to receive
benefits. If the Division’s decision is that the individual is
eligible, it must inform the former employer immediately. The
former employer has the right to some of the information provided
by the former employee, has an opportunity to request reconsideration
and has an opportunity to present information at a hearing.
An applicant will not receive benefits if the applicant:
• Is an independent contractor or a commission-only salesperson
• Is a student who worked for the educational institution in
which he or she was enrolled
• Is fired for misconduct
• Participates in a labor strike
• Refuses an offer to work again for the former employer
• Fails to seek, apply for or accept suitable work
• Quits for any reason other than an illegal or intolerable
work environment
In most disputed unemployment claims, the main issue is whether
the employer created an intolerable workplace environment. Only
certain kinds of employer actions give someone a legitimate reason
to quit a job and still collect unemployment benefits. Some of
these valid reasons include discrimination or sexual harassment,
a substantial cut in pay or benefits, drastic changes in working
conditions or hours, and requiring an employee to break the law
or work under obviously unsafe conditions. Conversely, demotions,
modest decreases in wages or benefits, disagreements over management
policy, and reasonable changes in workplace hours or employee
regulations are conditions of employment that do not create an
intolerable working environment for purposes of eligibility to
collect unemployment benefits.
Resources
Department of Veterans Affairs, P.O. Box 31003, St. Petersburg,
FL 33731, (813) 893-2440.
Florida Department of Labor and Employment Security, Division
of Labor, Employment, and Training, 1320 Executive Center Drive,
Atkins Building, Suite 300, Tallahassee, FL 32399-0667, (904)
488-7228; Division of Safety, 2002 Old Saint Augustine Road, Building
E, Suite 45, Tallahassee, FL 32399-0663, (904) 488-3044; Division
of Unemployment Compensation, 201 Caldwell Building, 107 East
Madison Street, Tallahassee, FL 32399-0206, (904) 921-3889.
For taxpayer assistance contact the Florida Revenue Department,
501 South Calhoun Street, Suite 435, Tallahassee, FL 32301, (904)
922-4746, or the Internal Revenue Service, (800) 829-1040.
National Organization on Disability (NOD), 910 Sixteenth Street,
NW, Suite 600, Washington, D.C. 20006, (202) 293-5960, (202) 293-5968
(TDD).
For information on wages, hours and overtime or to order the free
pamphlets, Compliance Guide to the Family and Medical Leave Act
(June 1993) or Handy Reference Guide to the Fair Labor Standards
Act (Oct. 1994), contact the United States Department of Labor,
Wage and Hour Division, Employment Standards Administration, 1375
Peachtree Street, NE, Suite 678, Atlanta, GA 30367, (404) 347-4801
(Region IV); (202)-219-8305 (headquarters).
Free pamphlets regarding medical leave, pregnancy discrimination
and sexual harassment are available from the United States Department
of Labor, Women’s Bureau, 1371 Peachtree Street, NE, Suite 323,
Atlanta, GA 30367, (404) 347-4461 (Region IV). The pamphlets are:
Family and Medical Leave: Know Your Rights; Pregnancy Discrimination:
Know Your Rights; and Sexual Harassment: Know Your Rights.
A free booklet entitled Federal Benefits for Veterans and Dependents
(1994 ed.) is available from the United States Department of Veterans
Affairs, Office of Public Affairs, 810 Vermont Avenue, NW, Washington,
D.C. 20420.
United States Equal Employment Opportunity Commission, Miami District
Office, 1 Biscayne Tower, Suite 2700, Miami, FL, (305) 536-4491.
For information about the ADA or to order the free booklets: The
Americans with Disabilities Act: Questions and Answers or The
Americans with Disabilities Act: Your Responsibilities as an Employer,
contact the Disability and Business Technical Assistance Center,
(404) 888-0022, 1776 Peachtree Street, Suite 208, Atlanta, GA
30309.
Employee/Employer Rights in Florida: A Practical, Easy-To-Understand
Guide, Jason Vail, Self-Counsel Press, Inc., Bellingham, WA, 1993.