Understanding your rights in the workplace can fundamentally change how you are treated and how secure you feel in your position. When you know what the law protects and permits, you gain the confidence to speak up and take action if your employer oversteps or violates those protections. Far too many employees remain silent simply because they are unsure of where they stand legally. That uncertainty can come at a heavy cost—threatening their livelihood, financial stability, and peace of mind. Your workplace rights are important, and asserting them is not only about protecting your job, but also about safeguarding your dignity and self-respect.
At BT Law Group, PLLC, we are committed to standing beside you every step of the way. Our experienced Miami employment law attorneys are here to provide clarity, help you identify when your rights have been infringed upon, and take decisive action to hold employers accountable for unlawful conduct. We work closely with you to protect your interests and pursue the justice you are entitled to under both Florida and federal employment laws.
You deserve to work in an environment where fairness and respect are the standard—not the exception. When those standards are violated, having a knowledgeable and dedicated employment attorney on your side can make a meaningful difference. Our team is here to listen carefully to your concerns, explain your legal options in clear terms, and advocate tirelessly for the outcome you deserve.
If you are ready to take an important step toward accountability and workplace fairness, contact us today at (305) 507-8506.
We believe every client deserves representation that is thoughtful, strategic, and grounded 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 a unique and powerful advantage for employees today. Having firsthand knowledge of how employers and their legal teams operate allows us to anticipate strategies, identify weaknesses, and build stronger cases on your behalf.
Our firm was built on core principles of honesty, integrity, and client-centered advocacy, and those values guide every decision we make. Your story matters to us, and your goals shape our approach. We also proudly serve clients in both English and Spanish, ensuring clear communication and confidence that nothing is lost when your future and livelihood are on the line.
Florida is recognized as an at-will employment state. In general, this means that when the terms or duration of employment are not specifically defined or 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. This principle has been affirmed by Florida courts. See Smith v. Piezo Tech. Prof. Adm’rs, 427 So. 2d 182 (Fla. 1983).
However, the at-will employment doctrine in Florida is not absolute. There are several important statutory exceptions that protect employees from unlawful termination. Under Florida law, an employer may not terminate an employee for engaging in certain protected activities. For example, it is unlawful for an employer to fire an employee because the employee:
Objected to, or refused to participate 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.
Testified in a judicial proceeding after being subpoenaed to do so. Fla. Stat. § 92.57.
Was summoned to serve, or actually served, on a grand or petit jury within 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 giving the employer a reasonable opportunity to correct the alleged unlawful activity, policy, or practice. Fla. Stat. § 448.102(1).
Provided information to, or testified before, any appropriate governmental agency, person, or entity that is 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 violations of law committed by a public employer or an independent contractor to the appropriate governmental agency, as protected under Florida’s public-sector whistleblower statutes. Fla. Stat. §§ 112.3187–112.31895.
Refused to authorize direct deposit of wages, as employees are not required to consent to direct deposit as a condition of employment. Fla. Stat. § 532.04(2).
Lawfully kept a legally owned firearm locked inside a private motor vehicle while parked in the employer’s parking lot, provided the employee was lawfully present in the area. Fla. Stat. § 790.251.
Had wages garnished pursuant to a court-issued writ of garnishment for the enforcement of alimony or child support obligations. Fla. Stat. § 61.12(2).
If you believe that you were wrongfully terminated, have concerns about whether your termination violated Florida law, or need guidance in understanding and enforcing your employment rights, it is important to seek legal advice as soon as possible. Contact an experienced employment attorney at BT Law Group to discuss your situation and learn about your legal options.
The Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (the “ADA”), is a federal statute designed to protect individuals who have a covered disability or who are perceived as having a disability. Comparable protections are also provided under Florida law through the Florida Civil Rights Act, as well as under local ordinances, such as § 11A-26 of the Miami-Dade County Code. These laws safeguard the rights of both job applicants and current employees. Under the ADA, an individual is considered disabled if he or she: (a) has a physical or mental impairment that substantially limits one or more major life activities; (b) has a history or record of such an impairment; or (c) is regarded as having such an impairment.
In addition, these laws require employers to provide reasonable accommodations to qualified individuals with disabilities so that they may perform the essential functions of their jobs. The ADA does not, however, obligate an employer to provide an accommodation that would create an undue hardship. Determining whether an accommodation constitutes an undue hardship depends on several factors, including, but not limited to, the size of the employer, the number of employees, the nature of the facility, the type of work performed by both the employee and employer, and the cost of the proposed accommodation. Employers are also required to engage in a good-faith, interactive process with job applicants and employees who request reasonable accommodations.
Reasonable accommodations may take many forms, including restructuring job duties, modifying work schedules, transferring an employee to a different available position, altering or modifying a workstation, providing readers or interpreters, offering additional training, or implementing new workplace policies.
The attorneys at BT Law Group have substantial experience advising clients on ADA compliance and litigating claims arising under the ADA. If you need guidance in navigating the ADA’s requirements, assistance with the interactive process, or believe your rights under the ADA have been violated, 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. Among the most widely recognized wage and hour laws are those governing minimum wage and overtime pay. Additional regulations include child labor laws and other employee protections. The attorneys at BT Law Group provide guidance and representation in the following areas:
Unpaid Overtime and Minimum Wage. In Florida, both employees and employers are subject to federal law, Florida state law, and applicable local ordinances. Under the Fair Labor Standards Act (FLSA), employers are required to pay all non-exempt employees one and one-half times their regular rate of pay for any hours worked beyond forty (40) in a single workweek. Employers who fail to comply with this requirement may be held liable for liquidated damages, which can amount to double the unpaid wages. In addition, both state and federal laws require employers to pay employees at least the applicable minimum wage for every hour worked. Employers are also subject to specific posting and record-keeping obligations under these laws.
Employee Misclassification. The misclassification of workers—such as designating employees as exempt rather than non-exempt, classifying workers as independent contractors instead of employees, or improperly categorizing interns—falls under both federal and state regulation. The FLSA establishes strict criteria that must be satisfied for an employee to be lawfully classified as exempt from overtime pay for hours worked over forty (40) in a workweek. With respect to independent contractor classification, the Florida Department of Revenue has oversight authority and may impose substantial penalties on businesses that improperly classify workers. Additionally, the U.S. Department of Labor has reviewed internship programs under the FLSA and issued guidance to assist employers in determining whether interns and students working for for-profit employers are entitled to minimum wage and overtime compensation.
Independent Contractor. Florida common law and various statutes provide differing definitions of what constitutes an independent contractor. Under Florida law, the intentional misclassification of a worker as an independent contractor can constitute a felony offense. Misclassification may also result in significant tax consequences and other legal liabilities for employers.
Class & Collective Actions. Many employment-related statutes allow employees to pursue claims on a class or collective basis. For instance, in a collective action brought under the Fair Labor Standards Act, employees must affirmatively “opt in” to the lawsuit by signing a consent to join. In contrast, in a class action, individuals who fall within the defined class are automatically included unless they take steps to opt out of the case.
Audits. Both federal and state laws regulate wages paid and hours worked. Even employers acting in good faith may struggle to navigate the complex network of laws and regulations governing wage and hour compliance. Conducting audits can help employers identify potential issues, protect against liability, or minimize exposure before disputes arise.
Employees who act as whistleblowers are protected under both federal and state law. In Florida, separate whistleblower statutes apply to public and private employers, offering substantial protections to employees who, for example, object to or refuse to engage in illegal conduct by their employer. Despite these protections, employers often have multiple defenses available to challenge whistleblower claims.
Florida’s Private Sector Whistleblower Act, codified at Florida Statutes §§ 448.101–448.105, provides that an employer may not take retaliatory action against an employee because the employee has:
Disclosed, or threatened to disclose, to an appropriate governmental agency, under oath and in writing, an 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 and provide a reasonable opportunity for the employer to correct the activity, policy, or practice.
Provided information to, or testified before, any appropriate governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer.
Objected to, or refused to participate in, any activity, policy, or practice of the employer that is in violation of a law, rule, or regulation.
Florida’s Public Sector Whistleblower Act, found at Florida Statutes §§ 112.3187–112.31895, similarly prohibits governmental agencies and independent contractors from taking retaliatory action against an employee who reports legal violations by a governmental agency or independent contractor to an appropriate authority.
The attorneys at BT Law Group have extensive experience counseling clients on whistleblower issues and defending against whistleblower claims. If you believe you have been subjected to adverse treatment because you engaged in conduct protected by whistleblower laws, contact BT Law Group to schedule a consultation.
Every employee deserves a workplace that is safe, respectful, and free from harassment. If you have been made to feel uncomfortable, threatened, or victimized at work, it is important to speak with a compassionate and experienced Miami sexual harassment lawyer as soon as possible to understand your rights and options.
We know how intimidating and emotionally challenging it can be to come forward about sexual harassment in the workplace. Many individuals worry about retaliation, job security, or not being believed. Our knowledgeable attorneys are committed to listening to your story, treating you with dignity and respect, and providing clear, reliable legal guidance so you can make informed decisions about how to move forward.
You do not have to face this situation on your own. Experiencing sexual harassment at work can leave you feeling overwhelmed and unsure of what steps to take next. By consulting with an attorney, you can confidentially explore your legal options in a safe and supportive environment. Our primary goal is to empower you with the information and confidence you need to choose the path that is right for you. A Miami sexual harassment lawyer can assist you in several important ways, including:
Carefully reviewing the facts of your case to assess its strengths and potential challenges
Explaining your legal rights and outlining all available options for recourse
Communicating directly with your employer or their representatives on your behalf
Filing a sexual harassment claim or lawsuit with the Equal Employment Opportunity Commission (EEOC)
Negotiating a fair settlement with your employer when appropriate
Seeking reinstatement to your position if you were wrongfully terminated in connection with the harassment
Even if you ultimately decide not to pursue formal legal action, speaking with a Miami sexual harassment lawyer can still be extremely valuable. An attorney can help you understand your rights, clarify your options, and ensure you have the knowledge you need to make the best possible decision for your situation and 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 ensure they can be enforced, the FMLA recognizes two distinct types of legal claims. First, an employee may bring an interference claim, which arises when an employer denies, restrains, or otherwise interferes with an employee’s substantive rights under the FMLA. Second, an employee may bring 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 they were 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). In contrast, to prevail on a retaliation claim, an employee must demonstrate that the employer intentionally discriminated against them for exercising a right under the FMLA. Martin v. Brevard Cty. Pub. Sch., 543 F.3d 1261, 1267 (11th Cir. 2008). As a result, retaliation claims carry an additional burden, requiring proof that the employer’s actions were motivated by an unlawful retaliatory or discriminatory intent, unlike interference claims, which do not require such a showing.
FMLA leave may be taken for a variety of qualifying reasons, including:
the birth of a child and the care of a newborn child of the employee;
the placement of a child with the employee for adoption or foster care;
caring for an immediate family member, such as a spouse, child, or parent, who has a serious health condition;
taking medical leave when the employee is unable to work due to their own serious health condition;
addressing qualifying exigencies that arise when the employee’s spouse, son, daughter, or parent is on covered active military duty or has been notified of an impending call or order to covered active duty; or
caring for a covered servicemember with a serious injury or illness, which may entitle the employee to up to twenty-six (26) weeks of unpaid leave.
In general, employees are eligible for FMLA leave if they have worked for their employer: (1) for at least twelve (12) months, (2) for at least 1,250 hours during the preceding 12-month period, and (3) at a worksite where the employer employs 50 or more employees within a 75-mile radius.
The requirement that an employee work for an employer for 12 months does not require those months to be consecutive. Typically, only employment occurring within the previous seven (7) years is counted toward this requirement. However, breaks in service may still be counted if the break was caused by the employee’s fulfillment of military service obligations or if the break is governed by a collective bargaining agreement or another written agreement. Additionally, the 1,250-hour requirement includes only hours actually worked by the employee. Paid or unpaid leave, sick leave, and vacation time are not included when calculating whether the employee has met the 1,250-hour threshold.
Attorneys at BT Law Group have substantial experience counseling clients 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, contact the lawyers 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