Marcia S. Cohen, P.A.

SELECTED 2018 SUPER LAWYER IN LABOR AND EMPLOYMENT

Legal Practice Areas

Employment Discrimination

Federal and state laws prohibit discrimination in employment on the basis of
  • Race and color of skin
  • Sex, including equal pay claims, pregnancy discrimination, and sexual harassment
  • Age
  • National origin and ethnicity
  • Religion
  • Disability

Family and Medical Leave Claims

The federal Family and Medical Leave Act allows employees who have been employed for the preceding 12 months to take up to 12 weeks of unpaid leave for a serious health condition or to care for a parent, spouse or child who has a serious health condition.  The law guarantees that the employee’s job will be waiting for him or her upon timely return from leave.

Unemployment Compensation Appeals

When unemployment compensation is denied by the state agency because the employer claims the employee committed work-related misconduct or quit without fault on the part of the employer, an appeal of the denial must be taken within 20 days after the denial is mailed.  A hearing is then set, and the case will be heard by an appeals referee, normally by telephone.  

Wage-Hour and Unpaid Overtime Claims

Employees who are paid hourly must be paid at the rate of time and a half for any hours worked after 40 hours in any work week.  Salaried employees may fall into a number of categories exempting them from the requirement of overtime pay.

Whistleblower Claims

Florida law protects employees who object to or refuse to participate in an activity, policy or practice on the part of the employer that is in violation of law, rule or regulation, and then suffers retaliatory adverse employment action.  There are other federal and state laws that also protect whistleblowers as well.

Unpaid Wages, Commissions and Bonuses

Employees who have not been paid for hours worked, contractual commissions or bonuses can find redress in the Florida courts.  Documentary evidence that the money is owed is helpful.
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