Personal Injury Labor Laws Attorney in Brandon
United States labor law protects workers from unfair practices by employers. Curry Law Group helps workers throughout the Tampa Bay Area understand and enforce their rights under Florida and federal labor laws.
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Understanding Labor Laws
United States labor law is the body of law and regulations concerning work in America. There are a number of statutes which operate at a federal level such as the Fair Labor Standards Act, the National Labor Relations Act and the Occupational Safety and Health legislation. These statutes apply to workers in the commercial and non-government workforce. Some of the most important elements include protections against discrimination on the grounds of race, national origin, age, disabilities, and religion.
Labor Laws in Florida
Florida's minimum wage applies to the same employees covered by the federal minimum wage law. Tipped employees can be paid a reduced direct wage if they meet certain eligibility requirements. Employers that have four or more employees are required to have worker's compensation coverage. Children under the age of 18 cannot work in hazardous occupations such as excavation, electrical work, roofing, or mining, and cannot operate heavy machinery or moving vehicles.
Common Employer Violations
Some employers will purposefully misclassify an employee's position to avoid paying overtime. If you find employment with a company that classifies you as "exempt" and you have never been exempt before in your normal line of work, your employer has possibly violated the law. Some employers will classify you as an "independent contractor" when you're not, trying to evade paying worker's compensation insurance and all taxes. Some employers will give you a manager title when in fact you're not managing anyone.
How Curry Law Group Can Help
If you are not being treated right under any of the labor laws, Curry Law Group can help. We review your employment situation, identify violations, and pursue claims for back pay, damages, and other remedies on your behalf. We handle wage theft cases, overtime violations, wrongful termination, and discrimination claims under Florida and federal law.
Frequently Asked Questions
Am I entitled to overtime pay? Generally, non-exempt employees must receive 1.5x their regular pay for hours worked over 40 per week. What is wrongful termination? Being fired for discriminatory reasons, retaliation for reporting violations, or breach of an employment contract. Can I be fired for reporting labor law violations? No. Whistleblower protections prevent retaliation for reporting employer violations.
Contact Curry Law Group Today
If you are not being treated right under any of the labor laws, please call the Curry Law Group to speak to one of our experienced labor attorneys today. We service the entire Tampa Bay Area. Call 813-653-2500.
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Key Legal Terms
Important Personal Injury Terms
Understanding these terms can help you make informed decisions about your case.
Assumption of Risk
A defense arguing the injured person voluntarily accepted the known dangers of an activity. In Florida, it can reduce or bar recovery depending on the type of risk assumed.
Read full definitionBad Faith Insurance
An insurer's unreasonable refusal to settle or pay a valid claim. In Florida, a bad faith claim can expose the insurer to damages beyond the policy limits.
Read full definitionBreach of Duty
A failure to meet the standard of care that a reasonably prudent person would exercise under similar circumstances. Breach of duty is a required element of any negligence claim.
Read full definitionBurden of Proof
The obligation of a party to prove a disputed fact. In most personal injury cases, the injured person bears the burden of proving each element of their claim by a preponderance of the evidence.
Read full definitionCausation
The link between a defendant's conduct and the plaintiff's injury. A plaintiff must prove both actual cause (but-for) and proximate cause to recover damages.
Read full definitionCausation Letter
A doctor's written opinion that your injury was caused by the accident. Insurance companies often require this note to connect your pain to the incident before they will pay.
Read full definitionStart Consultation
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Watch our attorneys break down real personal injury scenarios, evidence tips, and what to expect after an accident in Hillsborough County.
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Related Blogs and Articles
What Are Your Rights if Your Employer Violates Labor Laws?
Employees are protected by a combination of federal, Florida, and sometimes local labor and employment laws. These laws may address minimum wage, overtime, discrimination, retaliation, workplace safety, protected leave, child labor, whistleblowing, payroll records, and other employment practices.
Read MoreCan You Sue an Employer for Unpaid Wages?
You may be able to sue an employer for unpaid wages when the employer failed to pay compensation required by federal law, Florida law, an employment agreement, or another enforceable obligation. Common wage claims involve unpaid minimum wage, overtime, off-the-clock work, improper time deductions, unlawful tip practices, misclassification, unpaid commissions, and unpaid bonuses.
Read MoreWhat Should You Do if You Experience an Illegal Workplace Practice?
If you believe your employer is engaging in an illegal workplace practice, begin by documenting the facts, preserving lawfully accessible evidence, reviewing the applicable policies, and identifying which law or agency may govern the issue. Depending on the situation, you may need to report the conduct internally, file an agency charge, preserve a whistleblower disclosure, respond to immediate safety risks, or seek legal advice.
Read MoreQuick Resources
Forms & Common Questions
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Personal Injury Questionnaire
Complete this before your consultation if you've been injured in an accident.
Top-Asked Questions
In Florida, you typically have four years from the date of injury to file a personal injury lawsuit. However, this deadline (called the statute of limitations) can vary depending on the type of injury and circumstances. It's important to act quickly because evidence can disappear and witness memories fade. We recommend contacting an attorney as soon as possible after an injury.
You may recover damages for medical expenses (past and future), lost wages, pain and suffering, emotional distress, disability, scarring, and loss of enjoyment of life. In cases involving gross negligence or intentional acts, you might also be eligible for punitive damages. The specific damages available depend on your injury and the circumstances of your case.
Most personal injury cases settle before trial. During settlement negotiations, we work with insurance companies to reach a fair agreement for your injuries and losses. However, if a fair settlement cannot be reached, we're fully prepared to take your case to trial. We'll never pressure you to accept a settlement you're not comfortable with.
The value of your case depends on many factors: the severity of your injuries, medical expenses, lost wages, permanent disability, pain and suffering, and the strength of liability evidence. We provide a thorough case evaluation during your consultation. Insurance companies often undervalue claims—that's why having an experienced attorney is crucial.
Florida uses "comparative negligence" rules. Even if you're partially at fault, you may still recover damages—reduced by your percentage of fault. For example, if you're 20% at fault and damages are $100,000, you'd recover $80,000. However, if you're found to be more than 50% at fault, you cannot recover any damages.
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