Employment Law Attorney for Employers in Miami

An employment law attorney for employers Miami businesses can turn to helps owners answer workplace claims and set rules that match how the business runs. KEW Legal is a Florida business law firm with offices in Coral Gables and Sunny Isles Beach. It acts as outside general counsel for business owners and investors across Miami-Dade and South Florida.

Kristina E. Wilson is the lawyer responsible for this page. The practice is supported by office staff, including assistants and office staff who help with day-to-day work.

This page covers employer-side employment matters only.

This page offers general information. It is not advice about your situation. Laws change, and the facts of each workplace decide which rules apply.

Employer-Side Employment Matters KEW Legal Handles in Miami

The employment law attorney for employers Miami companies may need handles problems on the business side of the workplace. Matters include:

• Harassment or discrimination complaints made against the business
• Retaliation allegations
• Terminations and separations
• Wage-and-hour questions, such as overtime and pay records
• Drafting employee handbooks and employment agreements

Under an outside general counsel model, employment questions sit inside an ongoing business relationship. The same relationship can cover contracts, leases, and ownership questions. A question about a termination can be reviewed alongside the business’s wider legal picture.

Employment issues often connect to other business issues. A departing partner may also be an employee. A vendor may use workers who work like staff. A sale may bring employees to a new owner. KEW Legal’s business practice covers partnership disputes, vendor contracts, commercial leases, and succession matters.

Some matters may be referred to another lawyer or firm.

Florida and Federal Rules That Apply to Miami Employers

Several federal and Florida laws can apply to a Miami employer. Which ones reach your business depends on the facts.

Federal law provides that it shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin (federal employer-practices provision). Federal law separately provides that it shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter (federal anti-retaliation provision). Separate federal laws cover age and disability. The Age Discrimination in Employment Act and the Americans with Disabilities Act each have their own rules.

Florida law adds its own rules. The Florida Civil Rights Act lists unlawful practices for employers, including discharge and unequal pay, based on factors such as race, sex, religion, and age (Fla. Stat. § 760.10). Under Fla. Stat. § 760.11, a court may award compensatory and punitive damages in a civil action. Punitive damages awarded to any one aggrieved person cannot exceed $100,000.

The Fair Labor Standards Act gives two years to sue for unpaid minimum wages or overtime. An action to enforce a cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages under the Fair Labor Standards Act generally must be commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued (federal limitations provision). Florida’s minimum wage amendment sets a four-year limit, or five years for willful violations. It also bars retaliation against workers who exercise its rights (Fla. Const. art. X, § 24).

Florida law on non-competes and non-solicitation agreements sits in Fla. Stat. § 542.335. A court will not enforce a restrictive covenant unless it is in a writing signed by the person it is enforced against. A covenant not tied to a legitimate business interest is void. A court can narrow one that reaches too far.

The U.S. Equal Employment Opportunity Commission publishes guidance on employer obligations. Coverage thresholds and rules can change, so applicability depends on the specific business.

What to Do First After an Employee Complaint or Agency Charge

The first steps are to keep records, avoid retaliation, and review any charge or demand before you reply. An employment law attorney for employers Miami businesses use should see the notice before any written response goes out.

Preserve the records. Keep emails, texts, schedules, time records, performance notes, and write-ups. Don’t delete, edit, or tidy up files, even ones that seem unhelpful. Altered records can create more problems than the original facts.

Avoid retaliation. Don’t change pay, shifts, or duties for the employee who raised the concern without first reviewing the decision. Federal law bars discrimination against an employee for opposing an unlawful practice. Florida’s minimum wage amendment also bars retaliation for exercising its rights.

Watch the clock. Agency deadlines can be short. Under Title VII, a civil action generally must be filed within ninety days after the complainant receives the EEOC’s notice of dismissal or right-to-sue notice (42 U.S.C. § 2000e-5(f)(1)).

Review before replying. A demand letter or agency notice should be reviewed before any written reply is sent. Quick replies can admit facts, take a position you didn’t intend, or miss a response date. Hold off on informal conversations with the employee about the claim until the notice is reviewed.

Employee Handbooks, Policies, and Employment Agreements

A handbook review checks that written policies match real practice and follow the law.

A Florida employer handbook review usually covers anti-harassment reporting steps, at-will language, leave policies, timekeeping rules, and complaint channels. A strong policy names who to tell, how to tell them, and what happens next. When the written rule and daily practice disagree, that gap becomes a problem in a dispute.

Offer letters and employment agreements need review too. Confidentiality terms and restrictive covenants are the most sensitive. Under Fla. Stat. § 542.335, a restrictive covenant is enforceable only if it is in a signed writing, the party seeking enforcement pleads and proves a legitimate business interest that justifies it, and the restriction is reasonably necessary to protect that interest and reasonable in time, area, and line of business. The covenant also needs a signed writing to be enforced.

If your staff reads and speaks more than one language, translate key policies. Explain them in those languages so staff understand what is expected.

Common Workforce Issues for Miami-Dade Employers

Each setup raises its own questions.

Classification matters. A worker is not a contractor just because a contract says so. The facts of the working relationship decide the question. If a worker is misclassified, wage-and-hour rules can reach that worker’s pay and hours. That can lead to claims under the Fair Labor Standards Act and Florida’s minimum wage amendment, with the time limits described above.

Supervisors play a practical role. Train them on what to do when a concern comes in. They should route complaints to the right person, avoid retaliation, and record facts as they happen. Dates, names of people involved, and what was said are more useful than summaries written later.

These examples are general. They describe common workplace patterns, not how any particular court or agency will decide a matter.

How the Free Initial Consultation Works

The initial consultation is free, confidential, and carries no obligation to continue. Bring what you have, and the first meeting will focus on the issues in front of you.

Helpful items include the employee’s written complaint or charge, the relevant handbook policy or agreement, a timeline of events, and any prior written communications with the employee. If you received a demand letter, bring it too.

The first meeting identifies the issues and any deadlines. The business can then decide on next steps. It is a starting point, not a final answer on the claim.

KEW Legal’s offices are in Coral Gables and Sunny Isles Beach. The lawyer responsible for this page is Kristina E. Wilson. The main phone number is 305-990-2300.

Can a Florida employer fire an employee who complained about harassment?

Under Title VII, a covered employer (one with 15 or more employees) may not discriminate against an employee for opposing an unlawful practice (42 U.S.C. § 2000e-3(a)). Each situation turns on its specific facts.

How long does a worker have to sue over unpaid overtime?

Under the Fair Labor Standards Act, the time limit is two years, or three years for a willful violation. For minimum wage claims under Florida’s amendment, the limit is four years, or five for willful violations.

Does a non-compete need to be in writing in Florida?

A court will not enforce a restrictive covenant unless it is in a writing signed by the person it is enforced against.

What does the first meeting cover?

The first meeting covers the issues, any deadlines, and what the business can decide next. It is a starting point, not a final answer.

Talk With KEW Legal About an Employee Claim Facing Your Business

If a harassment complaint, an agency charge, or a wage demand just reached your business, the next written step matters. If your business needs an employment law attorney for employers Miami, call 305-990-2300 or send us a message to schedule your free, confidential first consultation. Bring the notice or complaint, and we will go through the facts with you.