Employment Law Guidance for Sunny Isles Beach Employers

Employment Law Counsel for Sunny Isles Beach Employers

KEW Legal is a Florida business law firm with an office in Sunny Isles Beach, and it focuses on employer-side employment matters. If you need an employment law attorney for employers in Sunny Isles Beach, this page explains what that work covers.

Kristina E. Wilson is the lawyer responsible for this page. The firm also has support staff. Kristina E. Wilson is the only lawyer named here.

The practice serves business owners and investors in Sunny Isles Beach and across Miami-Dade and Broward Counties. It works on the employer’s side only. It does not represent employees. If a matter needs a different lawyer or firm, the firm will tell you.

Employment problems often start small. A schedule dispute, a late paycheck, or a complaint passed up to a manager can grow into a claim. Early review of the facts helps you see the next step.

Employment Issues Sunny Isles Beach Employers Bring to Counsel

Most employer questions involve how workers are classified, paid, and treated on the job. Hotels, restaurants, shops, and professional offices in Sunny Isles Beach often rely on part-time, seasonal, and contract help, and those roles raise classification questions.

Federal rules do not let a label decide the question. The test looks at economic reality, including whether a worker is economically dependent on the business or in business for themself. 29 C.F.R. § 795.105 states that calling someone an independent contractor does not make wage protections inapplicable.

Scheduling, overtime, final pay, and attendance rules also raise questions. A written attendance policy that is applied consistently is easier to explain later than one applied case by case.

Complaints about harassment, discrimination, retaliation, or wages often reach a manager or owner first. Florida law bars an employer from discriminating because of race, sex, age, and other listed traits. Fla. Stat. § 760.10 also bars punishing someone for opposing an unlawful practice or taking part in an investigation. Federal law has a similar rule. 42 U.S.C. § 2000e-3 covers those protections.

Each of these questions turns on its facts. This page does not predict how any of them would be decided.

Handbook, Policy, and Documentation Review

A handbook and clear records are easiest to review before a dispute starts. The firm can review your employee handbook, offer letters, timekeeping rules, and leave policies. The review checks whether those documents match the rules that apply to your business.

Federal wage rules come from the Fair Labor Standards Act. Florida’s minimum wage law is in Fla. Stat. § 448.110. A review looks at how policies read on paper and how managers apply them day to day.

Records matter. Under federal rules, an employer must keep payroll records for at least three years from the last date of entry. 29 C.F.R. § 516.5 sets that requirement.

Dated, factual notes on performance and discipline also help. Notes that describe what happened and what was said are easier to rely on later than general opinions. This review covers your documents and practices. It does not promise how a future claim will be decided.

Responding to an Employee Claim, Demand Letter, or Agency Charge

The first step is reviewing the facts and deadlines before anything goes out in writing. A demand letter, internal complaint, and agency charge can each start a different clock.

Under Fla. Stat. § 448.110(6)(a), before bringing a claim for unpaid minimum wages under that section, the person aggrieved must notify the employer in writing. The employer then has 15 calendar days after receipt of the notice to pay the total amount of unpaid wages or otherwise resolve the claim to the satisfaction of the person aggrieved.

Federal wage claims have their own timing. 29 U.S.C. § 255 sets two years, and three years for a willful violation. Agency charges also follow set steps.

The firm handles the employer’s side. It does not state a predicted outcome. If a matter moves into litigation, it may need a different level of representation, and the firm will say so.

Terminations, Separation Agreements, and Workplace Investigations

A termination decision should rest on documented reasons, and it should be reviewed before the employee hears it. The firm reviews the reasons, the timing, and how similar employees were treated. A decision that looks different from past practice can draw questions.

A separation agreement is a written deal to end employment. It often includes a payment in exchange for a release of claims. Federal rules on age-discrimination waivers apply to these agreements. Under 29 C.F.R. § 1625.22, a payment offered for a waiver must be something beyond what the worker already has a right to receive.

The same rule says a “reasonable time” to consider the agreement is judged under all the circumstances. Whether the person has counsel is one of those circumstances. Timing and drafting both matter.

A workplace investigation gathers facts before a decision is made. Interviews, written notes, and documents are the usual tools. A structured process makes the facts easier to review later.

Every termination depends on its facts. No outcome is promised.

Outside General Counsel Support for Employers

Outside general counsel means ongoing legal support for a business under a written agreement. It covers employment questions alongside other business matters.

Employment issues rarely stand alone. A pay question can touch a vendor contract. A staffing change can affect a commercial lease. A plan to transfer ownership can raise succession questions. Reading these issues together helps an owner see the whole picture.

The firm also handles business contract and vendor disputes, commercial leases, partnership disputes, and business succession planning. Those matters appear on related KEW Legal pages.

The scope and terms of any engagement are set out in a written agreement with the client. This section describes what the service covers. It does not describe how quickly the firm can be reached.

Talk With KEW Legal About Your Employment Question

If a demand letter from a former employee just arrived, or a government charge is in your mailbox, or a termination is on your desk, you can talk it through with us. Reviewing the facts first gives you a clearer view of the next step.

The first consultation is free, confidential, and carries no obligation to continue. You can take one of three steps:

• Schedule a consultation on our contact page.
• Call 305-990-2300.
• Send us a message through the same contact page.

KEW Legal’s office is in Sunny Isles Beach. Kristina E. Wilson is the lawyer responsible for this page.

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