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1.

Common Workplace Problems and Safety Issues

One of the most common workplace problems and legal issues in the workplace involves safety rules. While safety hazards in offices may be minimal, there are still basic safety standards for employers to follow. Trip and fall accidents are among the most common causes of injuries.

Safety becomes even more important in potentially dangerous factory environments or where items like hazardous chemicals are handled. Employers have a duty to provide proper protective equipment and procedures that minimize the risk of injuries or they can be held liable for negligence.

2.

Potential Legal Issues: Wrongful Termination and Employment Concerns

Terminating an employee for no reason (without cause) is permitted under certain circumstances in Florida, which is an “at-will” state.

However, if you were fired without correct notification or due to discriminatory practices (such as for being too old, the wrong gender or sexual orientation) or as retaliation for making a complaint against your employer, you might be facing serious employment issues that could require legal action. You may have grounds for a lawsuit. A variety of federal and state laws cover this topic.

3.

Harassment, Discrimination, and Other Legal Concerns in the Workplace

Harassment and discrimination in the workplace are common causes of legal concerns between employers and employees. Again, both federal and state laws may come into play here.

Federal laws expressly forbid discrimination based on national or ethnic origin, sex, age, religion, disability, gender preference or retaliation. The discrimination does not need to be clear and obvious to everyone—simply treating one employee differently from others can lead to claims of discrimination against an employer.

Harassment claims are also common, especially relating to sexual harassment and intimidation. Company policies that govern how these topics are treated in the workplace need to be made clear, and guidelines should be provided for if employees witness errant behavior.

4.

Violation of Privacy Laws: Legal and Ethical Issues in the Workplace

If an employer uses an employee’s name or photo in advertisements, secretly records conversations or uses images in a promotion without permission, it may be a violation of that employee’s privacy rights.

An employer does not “own” an employee and so using their identity for commercial gain is unlawful, creating potential legal issues in the workplace related to privacy.

5.

Overtime Pay Issues and Other Common Workplace Legal Concerns

Overtime pay can be a “hot potato” labor law issue between employees and employers.

Much of the confusion stems from the regularly changing laws and the fact that many employees and employers in certain industries do not know the working hour limit in any given week – nor how many they actually work.

The Fair Labor Standards Act states that employees must receive at least time and one-half of their regular pay rate for all hours worked over 40 in a workweek. This, however, does not apply to exempt employees and Florida state law makes additional provisions that you should familiarize yourself with.

6.

Employment Status Issues and Workplace Legal Concerns

What classifies you as an employee?

Some employers hire contractors, interns, and others who they may not consider to be “employees” and who they believe, therefore, are not covered by state and federal employment laws. However, if a “contractor” performs their role like an employee and a separate contract does not specifically state otherwise, they may still be covered by employment laws.

Likewise, if an intern does the job of a permanent employee, he or she may be legally considered a regular employee and should be paid like one.

7.

Illegal Labor Practices and Employment Law Issues in the Workplace

Hiring someone who is not legally able to work in the U.S. is a serious offense and one that can have employers investigated by federal or state agencies.

Employers must do background checks to ensure that potential employees have the correct documentation (green card) that proves their legal right to work in the U.S. before signing any employment contracts. Immigration audits can and do happen.

As well as employing adults who can work legally, it is also important for employers to follow the child labor laws in the U.S. or potentially face legal action.

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