Employment Law Attorney for Employers in Brickell

Employer-side employment counsel for Brickell companies

KEW Legal focuses its practice on employment matters for employers, and it serves Brickell businesses from its Coral Gables office. Kristina E. Wilson is the lawyer responsible for this page. The firm does not have an office in Brickell, and this page does not claim one.

If you run a company in Brickell, you may face a decision that cannot wait for a perfect policy. A managing partner may need to end a sales manager’s job this week. An HR lead may receive a written complaint late on a Friday. Those moments call for clear steps, and a wrong step can cost more than the decision itself.

Our employment work sits inside the firm’s outside general counsel and business law practice. That practice serves owners and investors across Miami-Dade and Broward County. Employment questions often arrive alongside contract, lease, partnership and succession questions, so we review them with the whole business in view. Owners in this position usually want a clear answer about what to do next and what to document first.

Employment decisions Brickell employers bring to outside counsel

The most common employer decisions include terminations, discipline, offer letters, pay practices, employee complaints and the departure of key staff. Each one carries its own legal rules. A decision that looks simple can raise several issues at once.

Brickell businesses differ from one another. A professional services office may have salaried staff, hybrid schedules and managers who sign client contracts. A restaurant or hospitality operator may have tipped workers, shifting schedules and employees who cover several roles in one shift. Those settings raise different wage and documentation questions, so the same firing or pay change needs different review.

Documenting the reason for an action before it is taken matters. Notes made at the time, a written record of earlier performance steps and the same standard applied to similar employees all help explain what happened. Records created after a dispute begins carry less weight. A clear file does not decide a dispute on its own, but it gives the decision a factual base.

Facts vary from company to company. A consultation is how we review the specific situation, the documents you have and the timing you face.

Discrimination, harassment and retaliation claims against employers

Federal and Florida law both use a fifteen-employee threshold for employers. Under federal law, an employer is a person with fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year (federal employer definition). Florida’s Civil Rights Act of 1992 uses the same count (Florida definitions).

Florida law makes it unlawful for an employer to fire or refuse to hire someone, or to treat them differently in pay or conditions, because of protected traits. Those traits include race, sex, pregnancy, national origin, age, handicap and marital status (Florida unlawful practices).

When a complaint arrives, employers usually take three early steps. They preserve emails, texts and schedules. They pull the employee’s full file. They limit the decision to people with direct knowledge of the facts.

A charge is a complaint filed with a government agency. A lawsuit is filed in court. Under Florida law, if the Florida Commission on Human Relations finds reasonable cause, the person may bring a civil action in court (Florida remedies). If the Commission finds no reasonable cause, a request for an administrative hearing must be made within 35 days, or the claim will be barred. Federal rules also set deadlines, including a ninety-day window to sue after the agency gives notice in the situations the statute describes (federal enforcement). We do not predict how an agency or court will rule.

Wage, hour and worker classification questions

Employers face three core questions: whether a worker is exempt from overtime, whether a worker is an employee or a contractor, and whether tipped pay is correct. The federal Fair Labor Standards Act exempts employees in bona fide executive, administrative or professional roles, and regulations define those roles (FLSA exemptions).

Florida’s minimum wage comes from Article X, Section 24 of the Florida Constitution. The Florida Minimum Wage Act carries out that rule (Florida Minimum Wage Act). The wage rate is set by law and can change, so check the current figure before you adjust pay.

Tipped pay is a frequent gap in restaurant and hospitality payroll. Under federal rules, an employer may take the tip credit only if tipped employees were told in advance about the cash wage, the credit amount and their right to keep their tips, except in a limited tip pool (tip credit rules). If tips do not cover the credit, the employer must pay the difference so the worker receives at least the minimum wage.

Florida also bars retaliation against a worker who exercises minimum wage rights, including filing a complaint (Article X, Section 24). A termination soon after a pay complaint draws close attention, so timing matters. Compliance questions are reviewed case by case.

Restrictive covenants and departing key employees

Florida law governs noncompetition, nonsolicitation and confidentiality covenants under section 542.335, Florida Statutes, and separate rules apply to certain covered noncompete and garden-leave agreements with higher-earning employees under the Florida CHOICE Act, sections 542.41-542.45, Florida Statutes, effective July 1, 2025. A court will not enforce a restrictive covenant unless it is in a writing signed by the person against whom enforcement is sought (Florida restraint of trade). The employer must show the restraint is reasonably necessary to protect a legitimate business interest.

If a restraint is overbroad or overlong, a court must modify it and grant only the relief reasonably necessary to protect that interest (Florida restraint of trade). The statute lists substantial relationships with specific customers and customer goodwill as legitimate business interests.

When a sales lead or manager leaves, we typically review the signed agreement, the client relationships at stake, the confidential material the person had access to and the timing of the departure. Enforceability depends on the agreement’s wording and the facts. No outcome is promised.

Handbooks, policies and outside general counsel for employers

A written handbook and policy set gives supervisors a common standard. Reviewing handbooks, policies and offer letters is part of the outside general counsel work the firm does for business clients. Offer letters should match what the company actually pays and expects from the worker.

Consistent written policies help supervisors apply the same rules across a team. That consistency also makes each decision easier to explain later. A policy does not prevent claims, though, and a handbook that is not followed can create its own problems.

Employment work is one part of the firm’s business law practice. That practice also covers contracts, commercial leases, partnership disputes and business sales. These issues often overlap. A departing key employee may also raise a partnership question or a covenant question.

How the free first consultation works

The first consultation is free and confidential, with no obligation to continue. It gives you a chance to explain the decision and hear how the firm reviews it.

To prepare, gather a short summary of the decision, the documents you have, such as the offer letter, handbook, complaint, pay records or agreement, and any agency notice or deadline you received. Dates matter. The 35-day and ninety-day windows described above can start running quickly.

Our support staff handle scheduling and intake under the direction of Kristina E. Wilson, the lawyer responsible for this page, who reviews the matter. The firm’s office is in Coral Gables, Florida. You can call 305-990-2300 or send a message through the contact page.

Frequently asked questions