Employment and labor law can be one of the most pressing concerns for any company, from a start-up hiring its first employee to a conglomerate facing a class action. Cole, Scott & Kissane, P.A. (“CSK”) has handled thousands of employment and labor law claims, including discrimination and retaliation claims under the Americans with Disabilities Act (“ADA”), Age Discrimination in Employment Act (“ADEA”), Title VII and the Florida Civil Rights Act (“FCRA”); overtime, wage and hour claims under the Fair Labor Standards Act (“FLSA”) and Florida Minimum Wage Act; Florida public and private whistleblower claims; workers’ compensation retaliation claims; breach of contract claims; non-competition agreement claims; class actions and collective actions under FLSA and other employment causes of action such as breach of contract class actions; and torts in the employment context such as assault, battery, defamation, negligent hiring, negligent retention and tortious interference.
A significant part of CSK’s employment and labor practice includes defending claims at the administrative level with the Equal Employment Opportunity Commission (“EEOC”), Florida Commission on Human Relations (“FCHR”), National Labor Relations Board (“NLRB”), Department of Labor (“DOL”) and Department of Justice (“DOJ”). In addition to preparing responses to administrative complaints and charges with these government agencies, CSK actively participates in investigations and interviews conducted by these agencies regarding employer practices and alleged violations of state and federal laws.
CSK attorneys draft a wide-range of employment-related agreements, including executive employment agreements, sales representative agreements, and severance agreements. CSK also frequently counsels employers on handling internal employment matters in an effort to avoid potential lawsuits or mitigate their value when they cannot be avoided. Upon request, CSK also conducts internal employer investigations into allegations relating to employment law such as sexual harassment or discrimination, and internal audits for employers to ensure they properly classify employees as exempt/non-exempt in accordance with FLSA regulations. We also draft and revise employee handbooks and manuals to make sure they are up to date and in compliance with relevant employment and labor laws, including but not limited to social media policies. Our attorneys frequently give seminars and presentations to employers and insurance professionals on employment law topics, such as hiring and firing practices and navigating the administrative process for employment claims handling in Florida. We also distribute periodic employment law updates to our clients regarding interesting and emerging topics in the field.