Understanding your rights in the workplace can have a powerful impact on how you are treated and how secure you feel in your position. When you know what the law permits—and what it prohibits—you are better equipped to speak up, advocate for yourself, and respond when an employer oversteps legal boundaries. Far too often, employees remain silent simply because they are uncertain about their rights, and that uncertainty can come at a tremendous cost: lost income, diminished job security, and unnecessary stress. Your rights are important, and asserting them is essential not only to protecting your job, but also to preserving your dignity and peace of mind.
At BT Law Group, PLLC, we are committed to standing beside you every step of the way. Our experienced Miami employment law attorneys provide the clarity and guidance you need to understand your situation, identify potential violations of your rights, and take decisive action against unlawful workplace practices. We work closely with you to safeguard your interests and aggressively pursue the justice you are entitled to under both Florida and federal employment laws.
You deserve to work in an environment where your rights are respected and upheld. When that standard is not met, having a knowledgeable and dedicated attorney in your corner can make a meaningful difference. Our team is here to listen to your concerns, explain your legal options, and advocate tirelessly on your behalf in pursuit of fair treatment and accountability.
If you are ready to take an important step toward fairness, accountability, and peace of mind, we encourage you to contact us today at (305) 507-8506.
We believe every client deserves representation that is thoughtful, strategic, and rooted in real-world experience. With more than 30 years of combined experience in employment law, 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 together at one of the nation’s leading labor and employment defense firms, where they represented management. That background provides our firm with a distinct and valuable advantage when advocating for employees. We understand how employers and their legal teams think, and we use that insight to anticipate strategies, strengthen your case, and pursue the strongest possible outcome.
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. We are proud to serve clients in both English and Spanish, ensuring clear communication and confidence that nothing is lost in translation when your livelihood and future are at stake.
Florida follows the doctrine of at-will employment. In general, this means that when the duration of employment is not set by contract or otherwise 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 rule. Under these exceptions, an employer may not lawfully terminate an employee for certain protected reasons.
For instance, an employer is prohibited from firing an employee because the employee:
Objected to, or refused to take part 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.
Appeared and testified in a judicial proceeding after being subpoenaed. Fla. Stat. § 92.57.
Was summoned to serve, or did serve, on a grand jury 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 first providing written notice to the employer and allowing the employer a reasonable opportunity to correct the alleged unlawful activity, policy, or practice. Fla. Stat. § 448.102(1).
Supplied information to, or testified before, a governmental agency, person, or entity that was conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer. Fla. Stat. § 448.102(2).
Reported legal violations by a public employer or an independent contractor to the appropriate agency. Fla. Stat. §§ 112.3187–112.31895.
Declined to authorize direct deposit of wages. Fla. Stat. § 532.04(2).
Lawfully kept a legally owned firearm locked inside a private motor vehicle parked in the employer’s parking lot, while the employee was otherwise lawfully present in the area. Fla. Stat. § 790.251.
Became 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 you were wrongfully terminated, have concerns about whether your rights were violated, or need guidance in understanding and navigating Florida employment law, you are encouraged to 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 law that affords important protections to individuals with a covered disability or a perceived disability. Florida state law, including the Florida Civil Rights Act, as well as local laws such as § 11A-26 of the Miami-Dade County Code, provide similar protections. These laws apply to both job applicants and current employees. Under the ADA, an employee is considered disabled if the employee: (a) has a physical or mental impairment that substantially limits one or more major life activities; (b) has a record of such an impairment; or (c) is regarded as having an impairment.
These laws also require employers to provide reasonable accommodations to qualified individuals so that they can perform the essential functions of their jobs. The ADA does not, however, require an employer to provide a reasonable accommodation if doing so would impose an undue hardship on the employer. Whether an accommodation constitutes an undue hardship depends on a variety of factors, including, but not limited to, the size of the employer, the number of employees, the type of facility, the nature of the work performed by both the employee and the employer, and the cost of the accommodation. Employers are required to engage in a good faith, interactive process with both job applicants and employees who request reasonable accommodations.
Reasonable accommodations may include restructuring job duties, modifying work schedules, reassigning an employee to a different available position, adjusting or modifying a workstation, providing readers or interpreters, offering additional training, or implementing new workplace policies.
The attorneys at BT Law Group have extensive experience advising clients on, and litigating, matters involving the ADA. If you need assistance understanding the many requirements of the ADA, navigating the complexities of the interactive process, or if you believe your rights have been violated under the ADA, 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 commonly recognized wage and hour laws involve minimum wage and overtime requirements. Additional wage and hour regulations include child labor laws. The attorneys at BT Law Group are experienced in assisting clients in the following areas:
Unpaid Overtime and Minimum Wage. In Florida, both employees and employers are governed by federal law, Florida state law, and applicable local ordinances. Under the Fair Labor Standards Act (FLSA), for example, employers are required to pay all non-exempt employees time and one-half of their regular rate of pay for any hours worked over forty (40) in a single workweek. Employers who violate this statute may be held liable for liquidated damages, which can amount to double the unpaid wages. In addition, both federal and state law require that employees be paid at least the applicable minimum wage for every hour worked. Employers are also subject to strict posting and record-keeping requirements under the law.
Employee Misclassification. The misclassification of employees—such as classifying workers as exempt instead of non-exempt, treating employees as independent contractors, or improperly categorizing interns—falls under both federal and state regulation. Under the Fair Labor Standards Act, employers must satisfy specific criteria for an employee to be lawfully classified as exempt from overtime compensation for hours worked beyond forty (40) in a workweek. When workers are classified as independent contractors, the Florida Department of Revenue has oversight authority and may impose substantial penalties on businesses that improperly misclassify individuals. Additionally, the U.S. Department of Labor has reviewed 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. Florida common law and various state statutes provide differing definitions of what constitutes an independent contractor. Under Florida law, the intentional misclassification of a worker may constitute a felony offense. Misclassification can also result in significant tax consequences for employers.
Class & Collective Actions. Many employment-related statutes allow employees to pursue claims through class actions or collective actions. For instance, under the Fair Labor Standards Act, employees may bring claims as part of a collective action, which requires individuals to “opt in” by signing a consent to join the lawsuit. In contrast, in a class action, individuals who fall within the defined class are automatically included unless they affirmatively choose to opt out.
Audits. Wages paid and hours worked are regulated by both federal and state law. Even employers who act in good faith may struggle to comply with the numerous and complex regulations that apply. Conducting audits can help employers identify potential issues, reduce exposure, and protect against or minimize legal liability.
Federal and Florida state laws provide important protections for employees who act as whistleblowers. In Florida, both public-sector and private-sector employees are covered under specific whistleblower statutes that offer meaningful safeguards. These laws are designed to protect employees who, for example, object to unlawful conduct or refuse to participate in illegal activities carried out by their employer. At the same time, whistleblower cases can be complex, and employers may raise a variety of defenses in response to these claims.
Florida’s Private Sector 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 legally protected conduct, including the following:
Disclosure of unlawful activity: Disclosing, or threatening to disclose, to an appropriate governmental agency—under oath and in writing—any activity, policy, or practice of the employer that violates a law, rule, or regulation. Before making such a disclosure, however, the employee must first notify the employer in writing of the activity, policy, or practice and provide the employer with a reasonable opportunity to correct the violation.
Participation in investigations or proceedings: Providing information to, or testifying before, any appropriate governmental agency, individual, or entity that is conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer.
Refusal to engage in illegal conduct: 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 also has a separate statute protecting public-sector employees. The Florida Public Sector Whistleblower Act, found at Fla. Stat. §§ 112.3187–112.31895, prohibits governmental agencies and independent contractors from retaliating against an employee who reports violations of law committed by a governmental agency or an independent contractor to an appropriate oversight or enforcement agency.
The attorneys at BT Law Group have substantial experience advising clients on whistleblower issues and defending whistleblower claims. If you believe you have been subjected to retaliation or treated differently because you engaged in activity protected by whistleblower laws, we encourage you to contact the lawyers at BT Law Group to schedule a consultation and discuss your rights and options.
You are entitled to a safe, respectful workplace. If you have been made to feel uncomfortable, intimidated, or victimized on the job, it is important to reach out to a compassionate Miami sexual harassment lawyer as soon as possible to understand your rights and options.
We know how challenging and intimidating it can be to come forward about sexual harassment in the workplace. Speaking up often feels overwhelming, especially when your livelihood is at stake. Our experienced attorneys are committed to offering clear, reliable legal guidance so you can thoughtfully decide the best path forward for your situation.
You do not have to face this alone. Experiencing sexual harassment at work can leave you feeling uncertain about what steps to take next. By consulting with an attorney, you can seek advice in a safe and confidential setting. Our primary goal is to support and empower you, ensuring you have the knowledge and confidence to make the decision that is right for you. A sexual harassment attorney can help by:
Reviewing the specific facts of your case to assess its strength and potential outcomes
Explaining your legal rights and available options for recourse
Communicating directly with your employer on your behalf, so you are not forced to handle these interactions alone
Filing a sexual harassment complaint or lawsuit with the Equal Employment Opportunity Commission
Negotiating a fair settlement with your employer
Assisting with reinstatement to your position if you were terminated as a result of the harassment
Even if you ultimately choose not to pursue formal action, speaking with a Miami sexual harassment lawyer can still be extremely valuable. An attorney can help you fully understand your situation, clarify your options, and provide the information you need to make the most informed decision 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 twelve (12) weeks of unpaid, job-protected leave within a designated 12-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 remained actively employed.
To protect these statutory rights and provide employees with meaningful remedies, the FMLA recognizes two primary types of legal claims. First, an employee may bring an interference claim, which arises when an employer denies, restrains, or otherwise interferes with the employee’s substantive rights under the FMLA. Second, an employee may assert 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). By contrast, to prevail on a retaliation claim, an employee must demonstrate that the employer intentionally discriminated against the employee for engaging in activity protected by the FMLA. Martin v. Brevard Cty. Pub. Sch., 543 F.3d 1261, 1267 (11th Cir. 2008). As a result, retaliation claims carry a higher evidentiary burden, requiring proof that the employer’s actions were motivated by an unlawful retaliatory or discriminatory animus.
FMLA leave may be taken for the following qualifying reasons:
the birth of a child and the care of the newborn child of an employee;
the placement of a child with the employee for adoption or foster care;
the care of an immediate family member—defined as a spouse, child, or parent—who has a serious health condition;
the employee’s own serious health condition that renders the employee unable to perform the essential functions of the job;
qualifying exigencies arising from the fact that 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
the care of a covered servicemember with a serious injury or illness, for which an eligible employee may take up to twenty-six (26) weeks of unpaid leave.
Generally, an employee is eligible for FMLA leave if the employee has worked for the employer: (1) for at least twelve (12) months, (2) for at least 1,250 hours during the twelve (12) months immediately preceding the start of the leave, and (3) at a worksite where the employer employs fifty (50) or more employees within a seventy-five (75) mile radius.
Importantly, the twelve-month employment requirement does not need to be satisfied through consecutive service. As a general rule, prior periods of employment within the preceding seven years are counted toward the twelve-month requirement unless the break in service resulted from: (1) the employee’s fulfillment of military service obligations, or (2) the terms of a collective bargaining agreement or other written agreement. In addition, only hours actually worked by the employee are counted toward the 1,250-hour requirement. Paid leave, unpaid leave, sick leave, vacation time, and other non-working hours do not count toward this threshold.
The lawyers at BT Law Group have extensive experience advising employees on their rights under the FMLA and litigating claims involving both interference and retaliation. If you believe your employer has violated your rights under the Family and Medical Leave Act, you are encouraged to contact the attorneys at 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