Langston, Hess & Moyles, P.A. - Areas of Practice

PRACTICE AREAS

 
Workers’ Compensation

The Firm represents self-insured employers, insurance companies, and servicing agents throughout the State of Florida in all aspects of Workers' Compensation Law including Longshore & Harbor Workers' Compensation. Two of our attorneys are board-certified Workers' Compensation law experts approved by the Florida Bar Board of Legal Specialization and Education. Our attorneys include the former Chairs of the Workers' Compensation Section of the Florida Bar and the Florida Bar Workers' Compensation Certification Committee.

Workers' Compensation Law
 
Discrimination, Harassment, and Retaliation

Employers are subject to numerous laws prohibiting discrimination, harassment and retaliation in the workplace.  At the federal level, these laws include Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA).  Additionally, employers in Florida are subject to the Florida Civil Rights Act, and potentially local laws that extend to smaller employers, not covered by the federal or state laws.

These laws prohibit workplace discrimination, harassment and retaliation based upon:

  • race

  • color

  • national origin

  • sex

  • pregnancy

  • sexual orientation

  • transgender/gender identity

  • religion

  • age

  • disability

  • genetic information

  • marital status

The firm regularly defends employers against these claims, whether brought before an administrative agency (e.g., the Equal Employment Opportunity Commission or the Florida Commission on Human Relations), or through a lawsuit in federal or state court.

 
Non-Compete, Employment & Separation Agreements
Non-Compete, Employment and Separation Agreements

The firm regularly works with both employers and employees regarding Non-Compete, Employment, and Separation Agreements.

Our lawyers have decades of experience in every aspect of these agreements, including:

  • drafting agreements, based upon our client’s specific needs;

  • reviewing both proposed and existing agreements, and providing practical counseling and advice;

  • negotiating proposed or existing agreements on behalf of employers and employees; and

  • litigating claims based on an alleged breach of such agreements, including seeking and opposing temporary injunctions.

 
The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) requires that covered employers provide eligible employees with up to 12 weeks of unpaid leave for certain family and medical issues, including caring for relatives.  The FMLA, and related state and local leave laws, are constantly evolving.  As a result, it is critical for covered employers to have up-to-date policies, and experts available to provide timely, practical advice when needed.

Our firm has decades of experience in FMLA compliance and we constantly monitor developments in leave law, including changes in the statutes, regulations and court decisions.  We regularly assist employers with FMLA issues, including:

  • preparing and reviewing leave policies to ensure compliance with the law;

  • providing as-needed advice on leave issues as they arise;

  • training managers and HR professionals regarding their obligations under the law, including how to respond to requests for leave;

  • helping employers deal with challenging FMLA issues, including determining whether an employee is eligible for leave and when to seek medical certification;

  • addressing cases where an employee is suspected of abusing FMLA leave;

  • helping employers navigate the overlap between the FMLA and other leave laws, such as the Americans with Disabilities Act (ADA) and workers’ compensation;

  • auditing employers’ practices and policies for administering FMLA and ADA leave; and

  • defending employers against alleged violations of the law, whether initiated by a Department of Labor enforcement action, or a lawsuit in state or federal court.

 
Employment Policies & Employee Handbooks
Employment Policies and Employee Handbooks

Our firm regularly assists employers with Employee Handbooks and other workplace policies.  Besides advising employees of the rules, expectations and benefits of employment, Employee Handbooks also provide critical defenses against employee claims such as discrimination, harassment, equal pay and overtime violations.  In some cases, written policies are required by law.  Helpful or required policies may include:

  • Family and Medical Leave Act (FMLA);

  • Discrimination, Harassment and Retaliation;

  • Reasonable Accommodation;

  • Pay Policies, including Fair Labor Standards Act (FLSA) compliance;

  • Social Media;

  • Use of Computer Systems, including internet and email; and

  • Domestic Violence Leave (required for certain employers in Florida).

 

Our firm drafts, reviews and revises Employee Handbooks and other workplace policies to ensure our clients minimize their risk of employment claims, and remain in compliance with applicable laws.   

 
 
Overtime and Minimum Wage

Under the Fair Labor Standards Act (FLSA) and Florida law, employers are required to pay all employees a minimum wage, and pay overtime compensation to nonexempt employees if they work over 40 hours during a workweek.

The laws governing minimum wage and overtime, including whether an employee is “exempt” from these laws, are complicated.  Employers often find themselves inadvertently violating these laws, through actions such as:

 

  • incorrectly classifying an employee as exempt from overtime pay;

  • incorrectly classifying an employee as an independent contractor;

  • mistakes in calculating overtime pay;

  • failing to pay for travel time;

  • making improper deductions from wages;

  • failing to properly track, record or pay for vacation, sick time or paid time off;

  • violating tip pool laws for tipped employees;

  • failing to pay, or properly calculate, bonuses and commissions; and

  • failing to record or pay employees for “off the clock” work, including work performed from home or after hours.

Our firm regularly works with employers to develop practices and policies that comply with the law.  We also provide training to employers and their managers, and audit employers’ pay practices.  When employers face investigations by the Department of Labor, or lawsuits alleging violation of wage and hour laws, our firm aggressively defends our clients. 

Employment Advice and Counseling

Our firm works closely with employers to provide practical advice and counseling on human resource and employment law issues as they arise.  This includes assisting employers and their human resource professionals with day-to-day issues such as:

 

  • internal investigations of workplace complaints regarding discrimination, harassment or retaliation; 

  • designing pay policies that comply with the Fair Labor Standards Act (FLSA) and other appliable wage and hour laws;

  • background checks, including compliance with the Fair Credit Reporting Act (FCRA);

  • practical and legal considerations before terminating, demoting or taking some other adverse employment action against an employee; and

  • the Worker Adjustment and Retraining Notice Act (WARN Act), which imposes notice obligations on certain employers in the event of a covered workplace closing or reduction in force.

Employment Advice & Counseling