Understanding your rights in the workplace can make a powerful difference in how you are treated and how secure you feel in your career. When you know what the law permits and prohibits, you are better equipped to advocate for yourself and to stand firm if an employer oversteps legal boundaries. Far too often, employees remain silent simply because they are uncertain about their legal protections. That uncertainty can come at a high cost—impacting not only a person’s job, but also their financial stability, emotional well-being, and sense of self-worth. Your workplace rights are important, and asserting them is essential to protecting both your livelihood and your dignity.
At BT Law Group, PLLC, we are committed to standing by your side. Our experienced Miami employment law attorneys provide the clarity and guidance you need to understand your rights, identify unlawful conduct, and take meaningful action when those rights are violated. We work closely with you to evaluate your situation, explain your legal options, and pursue accountability for employers who engage in illegal or unfair practices. Our goal is always to protect your best interests and to fight for the justice you are entitled to under both Florida and federal employment laws.
Every employee deserves to work in an environment where their rights are respected. When that standard is not met, having knowledgeable and dedicated legal counsel can make all the difference. We take the time to listen to your concerns, walk you through your options, and advocate aggressively on your behalf. You should not have to face workplace injustice alone, and we are here to help you pursue the fair treatment and resolution you deserve.
If you are ready to take an important step toward fairness, accountability, and peace of mind, contact us today at (305) 507-8506.
At BT Law Group, we believe you deserve representation that is 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 a diverse range of clients—from individual employees to Fortune 500 companies across numerous industries.
Before founding BT Law Group, Anisley and Jason worked side by side at one of the nation’s leading labor and employment defense firms, where they represented management. That background provides our firm with a unique and valuable advantage when advocating for employees today. We understand how employers and their legal teams think, anticipate their strategies, and use that insight to build stronger, more effective cases on your behalf.
Our firm was built on a foundation of honesty and integrity, and those principles guide every decision we make. Your story matters to us, and your goals shape our approach from start to finish. We are proud to serve clients in both English and Spanish, ensuring clear communication and confidence that nothing is lost in translation when your future and your rights are at stake.
Florida is classified as an at-will employment state. In general, this means that when the duration of employment is not specified or otherwise 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 legal liability. See Smith v. Piezo Tech. Prof. Adm’rs, 427 So. 2d 182 (Fla. 1983).
However, Florida law recognizes several important exceptions to the at-will employment doctrine. An employer may not lawfully terminate an employee for certain protected actions or statuses, including but not limited to situations where the employee:
Objected to, or refused to participate in, any activity, policy, or practice of the employer that violates a law, rule, or regulation. 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. Fla. Stat. § 440.205.
Testified in a judicial proceeding in response to a subpoena. Fla. Stat. § 92.57.
Was summoned for jury duty or served on a grand or petit jury in the State of Florida. Fla. Stat. § 40.271(1) and (3).
Disclosed, or threatened to disclose, information to an appropriate governmental agency, person, or entity after providing written notice to the employer and allowing a reasonable opportunity to correct the alleged activity, policy, or practice. Fla. Stat. § 448.102(1).
Provided information to, or testified before, any governmental agency, person, or entity conducting an investigation, hearing, or inquiry regarding an alleged violation of a law, rule, or regulation by the employer. Fla. Stat. § 448.102(2).
Reported legal violations committed by a public employer or an independent contractor to the appropriate authority. Fla. Stat. §§ 112.3187–112.31895.
Refused to authorize direct deposit of wages. Fla. Stat. § 532.04(2).
Lawfully kept a legally owned firearm secured inside a private motor vehicle parked in the employer’s parking lot, while the employee was lawfully present. Fla. Stat. § 790.251.
Was subject to a writ of garnishment issued to enforce a court order for alimony or child support. Fla. Stat. § 61.12(2).
If you believe your employment was unlawfully terminated, have concerns about your rights as an employee, or need guidance in understanding Florida’s employment laws, contact an experienced employment attorney at BT Law Group for assistance.
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 laws, such as § 11A-26 of the Miami-Dade County Code. These laws apply equally to individuals applying for employment and to 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 history or record 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 with disabilities so they can perform the essential functions of their positions. The ADA does not, however, require an employer to provide an accommodation that would result in an undue hardship. Whether an accommodation constitutes an undue hardship depends on several factors, including, but not limited to, the employer’s size, the number of employees, the nature of the facility, the type of work performed by both the employee and the employer, and the cost associated with the accommodation. Employers are also required to engage in a good-faith, interactive process with both applicants and employees who request reasonable accommodations.
Examples of reasonable accommodations may include job restructuring, modified or flexible work schedules, reassignment to a vacant position, adjustments to a workstation, the provision of readers or interpreters, additional training, or the implementation of new or revised workplace policies.
The attorneys at BT Law Group have significant experience counseling clients on ADA compliance and representing individuals in litigation involving disability discrimination claims. If you need help understanding the ADA’s many requirements, navigating the interactive process, or 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 employers must pay their employees and which hours must be compensated. The most widely recognized wage and hour laws involve minimum wage and overtime requirements, but these laws also extend to areas such as child labor. The attorneys at BT Law Group provide guidance and representation in the following wage and hour matters:
Unpaid Overtime and Minimum Wage.
In Florida, wage and hour obligations are governed by a combination of federal law, Florida statutes, and local ordinances. Under the Fair Labor Standards Act (FLSA), employers are required to pay non-exempt employees one and one-half times their regular rate of pay for all hours worked over forty (40) in a single workweek. Employers who fail to comply with these requirements may be responsible for liquidated damages, which can amount to double the unpaid wages. In addition, both state and federal laws mandate that employees receive at least the applicable minimum wage for every hour worked. Employers are also subject to specific posting and record-keeping requirements under these laws.
Employee Misclassification.
The improper classification of workers—such as labeling employees as exempt rather than non-exempt, treating employees as independent contractors, or misclassifying interns—falls under both federal and state regulation. The FLSA establishes detailed criteria that must be satisfied for an employee to be lawfully classified as exempt from overtime pay for hours worked beyond forty (40) in a workweek. When it comes to independent contractors, the Florida Department of Revenue has enforcement authority and may impose substantial penalties on businesses that misclassify workers. Additionally, the U.S. Department of Labor has analyzed internship programs under the FLSA and issued guidance to assist employers in determining whether interns or students working for for-profit employers are entitled to minimum wage and overtime compensation.
Independent Contractor Issues.
Under Florida common law and various statutes, the definition of an independent contractor can differ depending on the context. Florida law treats the intentional misclassification of a worker as a felony offense. Beyond criminal exposure, employers may also face serious tax consequences for improperly classifying workers as independent contractors.
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 can “opt in” by signing a consent to join the lawsuit. In contrast, traditional class actions automatically include all qualifying class members unless an individual affirmatively chooses to opt out of the case.
Audits.
Wages paid and hours worked are regulated by both federal and state law. Even employers acting in good faith may struggle to comply with the complex network of statutes and regulations. Conducting audits can help employers identify potential issues early, reduce exposure, and protect against or minimize legal liability.
Wage and hour laws regulate how much employees must be paid and which working hours employers are required to compensate. The most commonly recognized wage and hour laws involve minimum wage and overtime requirements, but these laws also extend to areas such as child labor protections. The attorneys at BT Law Group are experienced in assisting clients with a wide range of wage and hour matters, including the following:
Unpaid Overtime and Minimum Wage.
In Florida, both employees and employers are governed by a combination of federal law, Florida statutes, and applicable local ordinances. Under the Fair Labor Standards Act (FLSA), employers are generally required to pay all non-exempt employees one and one-half times their regular rate of pay for any hours worked over forty (40) in a single workweek. Employers who fail to comply with these requirements may be held liable for liquidated damages, which can amount to double the unpaid wages owed. In addition, both state and federal law require employers to pay employees at least the applicable minimum wage for every hour worked. Employers are also subject to specific posting and record-keeping obligations under these laws.
Employee Misclassification.
The improper classification of workers—such as classifying employees as exempt rather than non-exempt, treating employees as independent contractors, or misclassifying interns—is governed by both federal and state law. Under the FLSA, strict criteria must be satisfied for an employee to be lawfully classified as exempt from overtime pay for hours worked in excess of forty (40) per workweek. With respect to independent contractor classifications, 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 evaluated internship programs under the FLSA and issued guidance to help employers determine whether interns or students working for for-profit employers are entitled to minimum wage and overtime compensation.
Independent Contractor Issues.
Florida common law and various state statutes define “independent contractor” in different ways. Under Florida law, the intentional misclassification of a worker as an independent contractor can constitute a felony offense. Misclassification may also result in significant tax consequences for employers.
Class and Collective Actions.
Many employment-related statutes allow employees to pursue claims on a class or collective basis. For example, under the Fair Labor Standards Act, employees may bring collective actions in which similarly situated workers can “opt in” to the lawsuit by signing a written consent to join. In contrast, class actions generally include all putative class members automatically unless an individual affirmatively opts out of the case.
Audits.
Wage payments and hours worked are regulated by both federal and state law. Even well-intentioned employers can struggle to comply with the numerous and complex legal requirements. Conducting audits can help employers identify potential compliance issues, protect against liability, or minimize exposure before disputes arise.
You deserve to work in an environment that is safe, respectful, and free from harassment. If you have been subjected to sexual harassment or made to feel uncomfortable or victimized in your workplace, it is important to reach out to a compassionate Miami sexual harassment lawyer as soon as possible to understand your rights and options.
We recognize that coming forward about sexual harassment at work can feel overwhelming and intimidating. Many individuals worry about retaliation or are unsure of where to turn. Our experienced attorneys are committed to listening to your story with care and providing clear, reliable legal guidance so you can confidently determine the best path forward for your situation.
You do not have to face this experience on your own. When you have endured sexual harassment in the workplace, deciding what steps to take next can be incredibly challenging. By consulting with an attorney, you can seek advice in a safe, confidential setting. Our primary goal is to empower you with knowledge and support so you can make the decision that feels right for you. A Miami sexual harassment lawyer can assist you in a number of important ways, including:
Carefully evaluating the facts and circumstances of your case to assess its strengths and your likelihood of success
Explaining your legal rights and advising you on the available options for recourse
Communicating and dealing directly with your employer on your behalf, so you are not forced to confront them alone
Filing a sexual harassment claim or lawsuit with the Equal Employment Opportunity Commission (EEOC)
Negotiating a fair settlement with your employer when appropriate
Pursuing reinstatement to your position if you were terminated or forced out in connection with the harassment
Even if you ultimately choose 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, your options, and the potential outcomes, giving you the information you need to make the most informed decision possible for your future.
The Family and Medical Leave Act, 29 U.S.C. § 2601 et seq. (the “FMLA”), is a federal law that requires covered employers to provide eligible employees with up to 12 weeks of unpaid, job-protected leave within a 12-month period. During an employee’s FMLA leave, the employer must also continue the employee’s group health insurance coverage under the same terms and conditions as if the employee had continued working.
To protect and enforce these statutory rights, the FMLA authorizes two primary types of legal claims. The first is an interference claim, which arises when an employer denies, restrains, or otherwise interferes with an employee’s substantive rights under the FMLA. The second is a retaliation claim, which occurs when an employer takes adverse action against an employee because the employee exercised, or attempted to exercise, rights 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 an FMLA benefit and that the employer denied that benefit. Krutzig v. Pulte Home Corp., 602 F.3d 1231, 1235 (11th Cir. 2010). In contrast, to prevail on a retaliation claim, an employee must demonstrate that the employer intentionally discriminated against the employee for exercising rights under the FMLA. Martin v. Brevard Cty. Pub. Sch., 543 F.3d 1261, 1267 (11th Cir. 2008). Accordingly, retaliation claims impose a higher burden on employees, as they must prove that the employer’s conduct was motivated by an unlawful retaliatory or discriminatory intent, rather than merely showing that a benefit was denied.
FMLA leave may be taken for several qualifying reasons, including:
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, such as a spouse, child, or parent, who has a serious health condition;
taking medical leave when the employee is unable to work due to the employee’s own serious health condition;
addressing qualifying exigencies that arise when the employee’s spouse, son, daughter, or parent is on covered active duty or has been notified 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 26 weeks of unpaid leave.
Employees are generally eligible for FMLA leave if they have worked for their employer for at least 12 months, have completed at least 1,250 hours of service during the preceding 12-month period, and work at a location where the employer employs 50 or more employees within a 75-mile radius.
The requirement that an employee work for the employer for 12 months does not require consecutive employment. Typically, only employment within the prior seven years is counted toward eligibility, unless the break in service resulted from the employee’s fulfillment of military obligations or was governed by a collective bargaining agreement or another written agreement. The 1,250-hour requirement includes only hours actually worked by the employee; paid or unpaid leave, sick leave, and vacation time are not counted toward this total.
The attorneys at BT Law Group have substantial experience advising clients on their rights under the FMLA and representing employees in claims involving interference and retaliation. If you believe your employer has violated your rights under the FMLA, contact the lawyers at BT Law Group to schedule a consultation.
BT Law Group, PLLC
3050 Biscayne Blvd STE 205, Miami, FL 33137, United States
(305) 507-8506