Hiring employees is a highly regulated by federal and state laws. The employment laws provide protections to individuals who are not yet employed by the company- in other words, individuals who are applying for a job and participating in an interview may be afforded similar protections as current employees for a particular business. Best practices dictate that employers should not necessarily rely on “at will” employment, but rather should be aware of and comply with the employment laws. The laws vary by state, so it is also important for employers to be aware of the specific laws relative to the location of its employees. 

Hiring employees in Florida is a critical process for businesses, and the businesses’ ability to navigate legal requirements and obligations is essential to ensure compliance and avoid potential pitfalls. Here are three key legal considerations that businesses should be aware of when bringing new talent on board.

1. Employment Contracts

Businesses should craft clear and comprehensive employment contracts outlining the important terms of the work relationship. This is not always necessary, but under certain circumstances (such as a substantial amount of training, upper level executive, etc) either the business or the employee may want to have an employment contract in place. Employment contracts can outline terms such as job responsibilities, compensation, benefits, confidentiality or non-compete agreements, requirements for training, terms for separation, etc. Ambiguities in contracts can lead to disputes, so Florida businesses should partner with Florida employment counsel to draft a customized employment agreement to meet the needs of the company and the employee. 

2. Anti-Discrimination Laws Apply to Job Candidates

 Businesses must also be aware of and adhere to anti-discrimination laws when hiring employees. Again, these laws apply to job candidates who the company does not ultimately hire. Anti-discrimination laws prohibit discrimination based on factors such as race, gender, age, religion, disability, and more. During the hiring process, it’s crucial to focus on an applicant’s qualifications and skills rather than irrelevant personal characteristics. Businesses can get into trouble for comments made during the hiring process which are meant to build rapport (such as where are you from, I like your accent, do you have children, etc.) but can be deemed to be discriminatory- especially if the candidate is not hired. Employers should implement fair and transparent hiring practices to avoid legal consequences related to discrimination claims and train hiring managers on what is permitted and what should be avoided during an interview.  

3. How you pay the employee and classify the employee is important

 There are many options for payment of compensation to employees. However, they are not always legal for each business and employee, and depend on the circumstances of the position. In other words, the way businesses pay its employees is highly regulated under laws like the Fair Labor Standards Act, and must be done correctly. Payment of wages cannot be arbitrarily changed by an agreement between the parties, and is a legal determination. If the business does not pay its employees properly, the Department of Labor or a court may seek to rectify the improper payment. Payment of employees can be a complicated issue, and it is best to consult with employment counsel to make sure the business is operating legally.

Conclusion:

Navigating the legal landscape when hiring employees is crucial for businesses to establish a solid foundation for employer-employee relationships. By focusing on creating clear employment contracts, adhering to anti-discrimination laws, and staying compliant with employment regulations, businesses can mitigate legal risks, foster a positive work environment, and contribute to long-term success.

Visit www.wannoslaw.com for more info and to schedule an introductory call. Let's make sure your business is properly protected from legal issues. Here is how we can help:

1.  Legal Audit

Schedule a legal audit for a comprehensive review of the  company's employment policies and practices to make sure they are legal and discover best practices to protect the company from risk and liability. Online Scheduling and Quick Availability.

2. Legal Advice & HR Consulting

The Wannos Law Firm, PA provides employment law and HR consulting and legal advice to clients in Florida. We help clients navigate those tricky employee issues to make sure they comply with the law. Schedule a consultation.

3. Workplace Trainings

Are the managers making decisions regarding employees, but don't know the "do's and don'ts" of the law? We train CEO's, HR Departments, Supervisors and Employees on the employment laws affecting the business. More Information Here.

5. Workplace Investigations

The Wannos Law Firm, PA provides prompt, independent and efficient workplace investigations in response to employee complaints of harassment, discrimination, retaliation and serious policy violations. Schedule a call to discuss how we can help.

6. Employment Mediation & Arbitration.

Get your employment matter resolved without the expense of litigation. Karly is a Florida Supreme Court Certified Mediator and has participated in hundreds of mediations. Reach out for online scheduling and pricing.

About Karly Wannos, Esq.

 Karly Wannos is a highly accomplished and respected Florida employment attorney, arbitrator, mediator and workplace investigator for employment law and business matters.

 Ms. Wannos has litigated employment and business disputes involving claims of discrimination, harassment, retaliation, unpaid wage and overtime, breach of contract and other workplace matters. She has representedboth employers and employees in state and federal court and before the US Equal Opportunity Commission (EEOC) and the Department of Labor (DOL). Ms. Wannos also has substantial experience dealing with matters where insurance defense counsel or an insurance claims professional is involved.

 As a mediator, Ms. Wannos uses her substantial litigation experience to encourage parties to reach an amicable resolution without court intervention through mediation. Her strong litigation background and presence as a community leader serves to establish trust among the parties and their counsel.

 Ms. Wannos is a Florida Supreme Court Certified Civil Circuit mediator, AAA panel arbitrator, and a neutral external workplace investigator (AWI-CH).

*For informational and educational purposes only.