Understanding your rights in the workplace can be the difference between being treated fairly and feeling powerless in your job. When you know what the law protects, you gain the confidence to speak up and take a stand if an employer oversteps legal boundaries. Far too often, employees remain silent simply because they are uncertain about their rights, and that uncertainty can lead to lost income, instability, and unnecessary stress. Your rights are important, and asserting them is essential to safeguarding not only your career, but also your dignity and peace of mind.
At BT Law Group, PLLC, we are committed to standing by your side. Our experienced Miami employment law attorneys provide the guidance and clarity you need to understand your legal protections, identify violations, and take meaningful action against unlawful employer conduct. We work closely with you to protect your interests and pursue the justice you are entitled to under both Florida and federal employment laws.
You deserve a workplace where your rights are honored, and when they are not, having a skilled attorney advocating for you can make a powerful difference. Our team is here to listen carefully, explain your options clearly, and fight relentlessly for the outcome you deserve.
If you are ready to take a meaningful step toward fairness and accountability in your workplace, contact us today at (305) 507-8506.
We believe effective legal representation should be thoughtful, strategic, and grounded in real-world experience. With more than 30 years of combined employment law experience, our founding partners, Jason Berkowitz and Anisley Tarragona, have represented clients ranging from individual employees to Fortune 500 companies across a wide array of industries.
Before founding BT Law Group, Anisley and Jason worked together at one of the nation’s leading labor and employment defense firms, where they represented management. That background gives our firm a unique advantage when advocating for employees today. We understand how employers and their legal teams operate, and we use that knowledge to build stronger, more effective cases for our clients.
BT Law Group was built on a foundation of honesty and integrity, and those principles guide everything we do. Your story matters to us, and your goals shape our approach. We also proudly serve clients in both English and Spanish, ensuring clear communication and confidence at every stage when your future is at stake.
Florida is widely recognized as an at-will employment state. In general, this means that when the terms or duration of employment are not specifically defined or contractually agreed upon, either the employer or the employee may end the employment relationship at any time, for any reason, or for no reason at all, without incurring legal liability. This principle has been affirmed by Florida courts, including in Smith v. Piezo Tech. Prof. Adm’rs, 427 So. 2d 182 (Fla. 1983).
However, Florida law also provides several important exceptions to the at-will employment doctrine. Even in an at-will state, employers are prohibited from terminating employees for certain legally protected reasons. A termination may be considered unlawful if an employee was discharged because they engaged in protected conduct or exercised rights guaranteed under Florida law. For example, an employer may not lawfully terminate an employee who:
Objected to, or refused to participate in, any activity, policy, or practice of the employer that violates a law, rule, or regulation, as protected under Florida’s private-sector whistleblower statute. See Fla. Stat. § 448.102(3).
Filed a valid claim for workers’ compensation benefits, or attempted to file such a claim, under Florida’s Workers’ Compensation Law. See Fla. Stat. § 440.205.
Appeared and testified in a judicial proceeding in response to a valid subpoena. See Fla. Stat. § 92.57.
Was summoned to serve, or actually served, on a grand jury or petit jury in the State of Florida. See Fla. Stat. § 40.271(1) and (3).
Disclosed, or threatened to disclose, information regarding an employer’s violation of a law, rule, or regulation to an appropriate governmental agency, person, or entity, after first providing written notice to the employer and giving the employer a reasonable opportunity to correct the alleged misconduct. See Fla. Stat. § 448.102(1).
Provided information to, or testified before, any governmental agency, person, or entity that is conducting an investigation, hearing, or inquiry into an alleged legal violation by the employer. See Fla. Stat. § 448.102(2).
Reported violations of law committed by a public employer or an independent contractor to an appropriate agency, as protected under Florida’s public-sector whistleblower statutes. See Fla. Stat. §§ 112.3187–112.31895.
Refused to authorize the direct deposit of wages, which is a right protected under Florida law. See Fla. Stat. § 532.04(2).
Lawfully kept a legally owned firearm locked inside a private motor vehicle that was parked in the employer’s parking lot while the employee was lawfully present. See Fla. Stat. § 790.251.
Had wages subject to a writ of garnishment issued to enforce a court order for alimony or child support. Termination on this basis is prohibited by law. See Fla. Stat. § 61.12(2).
If you believe that your employment was terminated for an unlawful or retaliatory reason, have concerns about whether your rights were violated, or need guidance in understanding and enforcing your protections under Florida law, it is important to speak with an experienced employment attorney. Contact BT Law Group to discuss your situation and learn more about your legal options.
The Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (the “ADA”), is a federal statute that affords important protections to individuals who have a qualifying disability or who are perceived as having a disability. Comparable protections are also provided under Florida law through the Florida Civil Rights Act, as well as under applicable local ordinances, including § 11A-26 of the Miami-Dade County Code. These laws apply to both job applicants and current employees. Under the ADA, an individual is considered disabled if he or she: (a) has a physical or mental impairment that substantially limits one or more major life activities; (b) has a documented history of such an impairment; or (c) is regarded by an employer as having such an impairment.
In addition, these laws require employers to provide reasonable accommodations to qualified individuals so that they are able to perform the essential functions of their positions. The ADA does not, however, obligate an employer to provide an accommodation that would result in an undue hardship. Whether an accommodation constitutes an undue hardship is determined by evaluating several factors, including, but not limited to, the employer’s size, the number of employees, the nature of the employer’s operations and facilities, the type of work performed, and the cost and impact of the proposed accommodation. Employers are also required to engage in a good-faith, interactive process with both applicants and employees who request reasonable accommodations.
Reasonable accommodations may take many forms, such as restructuring job duties, modifying work schedules, transferring an employee to a vacant position, altering or adapting a workstation, providing readers or interpreters, offering additional training, or implementing new workplace policies.
The attorneys at BT Law Group have substantial experience counseling clients on ADA compliance and representing individuals in litigation involving disability discrimination claims. If you need help understanding the ADA’s requirements, navigating the interactive process, or if you believe your rights under the ADA have been violated, contact the lawyers at BT Law Group to schedule a consultation.
Wage and hour laws regulate how much employees must be paid and which working hours employers are legally required to compensate. Among the most widely recognized wage and hour regulations are minimum wage and overtime laws, but these statutes also encompass areas such as child labor protections. The attorneys at BT Law Group provide legal guidance and representation in the following wage and hour matters:
Unpaid Overtime and Minimum Wage.
In Florida, both employees and employers are subject to federal law, Florida statutes, and applicable local ordinances. Under the Fair Labor Standards Act (FLSA), employers are required to pay all non-exempt employees one and one-half times their regular rate of pay for any hours worked beyond forty (40) in a single workweek. Employers who fail to comply with these requirements may be held responsible for liquidated damages, which can equal double the amount of unpaid wages owed. In addition, state and federal laws mandate that employees receive no less than the applicable minimum wage for every hour worked. Employers are also subject to specific posting and record-keeping obligations under these laws.
Employee Misclassification.
Employee misclassification—such as incorrectly designating workers as exempt instead of non-exempt, classifying employees as independent contractors, or improperly labeling workers as interns—is governed by both federal and state regulations. The Fair Labor Standards Act sets forth strict criteria that must be satisfied for an employee to be properly classified as exempt from overtime compensation for hours worked in excess of forty (40) per workweek. With regard to independent contractor classification, the Florida Department of Revenue has regulatory authority and may impose substantial penalties on businesses that improperly classify workers. Additionally, the U.S. Department of Labor has reviewed internship programs under the FLSA and issued guidance to assist employers in determining whether interns and students working for for-profit entities are entitled to minimum wage and overtime pay.
Independent Contractor Issues.
Florida common law and various state statutes apply differing standards when defining who qualifies as an independent contractor. Under Florida law, the intentional misclassification of a worker as an independent contractor may constitute a felony offense. Employers may also face significant tax liabilities and other financial consequences if workers are misclassified.
Class and Collective Actions.
Many employment-related laws allow employees to pursue claims on a class or collective basis. For instance, under the Fair Labor Standards Act, employees may bring a collective action in which similarly situated workers may choose to “opt in” by signing a written consent to join the lawsuit. In contrast, in a class action, individuals who fall within the defined class are automatically included unless they take affirmative steps to opt out of the case.
Audits.
Both federal and state laws regulate wage payments and hours worked. Even employers who strive to comply with all legal requirements may find it challenging to navigate the complex network of wage and hour laws and regulations. Conducting audits can help employers identify potential issues, reduce exposure, and protect against or minimize liability.
Federal and state laws provide important protections for employees who act as whistleblowers. In Florida, both public-sector and private-sector whistleblower statutes offer substantial safeguards for employees who, for example, object to or refuse to participate in unlawful conduct by their employer. At the same time, employers often raise a variety of defenses in response to whistleblower claims, making these cases legally complex.
Florida’s Private Whistleblower Act, codified at Fla. Stat. §§ 448.101–448.105, prohibits an employer from taking retaliatory action against an employee because the employee has engaged in protected activity, including the following:
Disclosing or threatening to disclose—under oath and in writing—to an appropriate governmental agency an activity, policy, or practice of the employer that violates a law, rule, or regulation. Before making such a disclosure, however, the employee must first bring the activity, policy, or practice to the employer’s attention, in writing, to provide the employer with a reasonable opportunity to correct the issue.
Providing information to, or testifying before, any appropriate governmental agency, person, or entity that is conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer.
Objecting to, or refusing to participate in, any activity, policy, or practice of the employer that is in violation of a law, rule, or regulation.
Florida’s Public Whistleblower Act, found at Fla. Stat. §§ 112.3187–112.31895, similarly protects employees in the public sector. This statute prohibits governmental agencies and independent contractors from taking retaliatory action against an employee who reports violations of law by a governmental agency or independent contractor to an appropriate authority.
The attorneys at BT Law Group have extensive experience counseling clients on whistleblower protections and defending whistleblower claims. If you believe you have been treated unfairly or differently because you engaged in legally protected whistleblower activity, contact the lawyers at BT Law Group to schedule a consultation.
You have the fundamental right to work in a safe, respectful environment. If you have been made to feel uncomfortable, intimidated, or victimized in your workplace, it is important to speak with a compassionate Miami sexual harassment lawyer as soon as possible to understand your rights and options.
We recognize how challenging and intimidating it can be to come forward about sexual harassment at work. Many individuals worry about retaliation, job security, or not being believed. Our experienced attorneys are committed to listening to your concerns, treating you with dignity, and providing clear, reliable legal guidance so you can determine the best path forward for your situation.
You do not have to face this experience on your own. When you’ve been subjected to sexual harassment in the workplace, deciding what to do next can feel overwhelming. Consulting with an attorney allows you to seek advice in a safe, confidential setting. Our foremost priority is to empower you with knowledge and support so you can make the decision that feels right for you. A Miami sexual harassment attorney can help by:
Carefully evaluating the facts and circumstances of your case to assess its strengths and your likelihood of success
Advising you on the legal options available to you and the potential outcomes of each
Communicating directly with your employer or their representatives on your behalf, so you don’t have to
Preparing and filing a sexual harassment complaint with the Equal Employment Opportunity Commission (EEOC)
Negotiating a fair settlement with your employer when appropriate
Seeking reinstatement to your position if you were terminated or forced out in connection with the harassment
Even if you ultimately decide not to pursue formal legal action, speaking with a Miami sexual harassment lawyer can still be extremely valuable. An attorney can help you fully understand your rights, explain what steps you could take now or in the future, and ensure you have the information you need to make the best possible decision for yourself and your career.
The Family and Medical Leave Act, 29 U.S.C. § 2601 et seq. (the “FMLA”), requires covered employers to provide eligible employees with up to twelve (12) weeks of unpaid, job-protected leave within a twelve-month period. During an employee’s approved FMLA leave, the employer must also continue the employee’s group health insurance benefits under the same terms and conditions as if the employee had not taken leave.
To protect and enforce these statutory rights, the FMLA recognizes two primary categories of legal claims. The first are interference claims, which arise when an employer denies, restrains, or otherwise interferes with an employee’s substantive rights under the FMLA. The second are retaliation claims, which occur when an employer discriminates against an employee because the employee exercised, attempted to exercise, or supported activity protected by the FMLA.
To establish an interference claim, an employee must show, by a preponderance of the evidence, that the employee was entitled to a benefit under the FMLA and that the employer denied that benefit. Krutzig v. Pulte Home Corp., 602 F.3d 1231, 1235 (11th Cir. 2010). By contrast, to prevail on a retaliation claim, an employee must demonstrate that the employer intentionally discriminated against the employee for exercising rights protected by the FMLA. Martin v. Brevard Cty. Pub. Sch., 543 F.3d 1261, 1267 (11th Cir. 2008). As a result, retaliation claims impose a higher burden on employees, who must prove that the employer’s adverse action was motivated by unlawful retaliatory or discriminatory intent.
FMLA leave may be taken for the following qualifying reasons:
the birth of a child and care for the newborn child of an employee;
the placement of a child with the employee for adoption or foster care;
caring for an immediate family member, including a spouse, child, or parent, who has a serious health condition;
taking medical leave when the employee is unable to perform job duties due to a serious health condition;
addressing qualifying exigencies arising from a spouse, son, daughter, or parent being on covered active military duty or having received notice of an impending call or order to covered active duty; or
caring for a covered servicemember with a serious injury or illness, which may entitle the employee to up to twenty-six (26) weeks of unpaid leave.
Employees are generally eligible for FMLA leave if they have worked for their employer for: (1) at least twelve (12) months, (2) at least 1,250 hours during the preceding twelve-month period, and (3) at a worksite where the employer employs fifty (50) or more employees within a seventy-five (75) mile radius.
The twelve-month employment requirement does not need to be continuous. Typically, only employment within the preceding seven years is counted, unless the break in service resulted from the employee’s fulfillment of military obligations or is governed by a collective bargaining agreement or another written agreement. The 1,250-hour requirement includes only hours actually worked by the employee; paid leave, unpaid leave, vacation time, and sick leave are not counted toward this total.
The attorneys at BT Law Group have significant experience advising employees and employers and litigating claims involving both interference and retaliation under the FMLA. If you believe your rights under the Family and Medical Leave Act have been violated, contact BT Law Group to schedule a consultation and discuss your legal options.
BT Law Group, PLLC
3050 Biscayne Blvd STE 205, Miami, FL 33137, United States
(305) 507-8506