Employment Attorney Miami, FL
Florida is an at-will employment state, but employers still must follow federal and Florida law.
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Those laws protect Miami employees from discrimination, harassment, retaliation, and unpaid wages. An employment attorney in Miami can help you understand your rights when something at work goes wrong.
Cantrell Schuette represents employees across Miami-Dade County and throughout Florida. Our Miami employment lawyers handle claims under the Fair Labor Standards Act, Title VII, and the Florida Civil Rights Act.
Employment Laws That Protect Miami Workers
Most employees in Miami, Florida are covered by both federal law and Florida law, even though Florida is an at-will employment state. These protections apply to most Miami employers, from a small business owner to a national company.
Key Protections
Key protections include:
- The Fair Labor Standards Act (FLSA), setting minimum wage and overtime pay standards
- Title VII, enforced by the Equal Employment Opportunity Commission (EEOC), prohibiting employment discrimination and harassment
- The Florida Civil Rights Act, enforced by the Florida Commission on Human Relations
- The Miami-Dade County human rights ordinance, adding local protections
Florida follows federal overtime standards and has no separate state overtime law. A Miami employment attorney can provide legal guidance on which laws apply and the deadlines you face.
Workplace Discrimination and Harassment Claims
Federal and state law prohibit employment discrimination against Miami employees. Title VII protects against workplace discrimination based on factors such as race and sex.
Forms of Claims
Claims can take several forms:
- Discrimination based on race, color, religion, sex, pregnancy, national origin, age, disability, or marital status
- Sexual harassment and hostile work environment claims
- Sexual orientation or gender identity discrimination under federal law and the Miami-Dade County ordinance
- Retaliation for reporting discrimination or joining an investigation
A federal charge begins with the Equal Employment Opportunity Commission (EEOC), while a Florida Civil Rights Act charge begins with the Florida Commission on Human Relations. Groups of employees affected by the same policy may pursue class actions. A Miami employment attorney can provide legal guidance on discrimination claims and the deadlines that apply.
Unpaid Wages, Overtime, and Wage and Hour Claims
Wage and hour claims are among the most common employment cases we handle. The FLSA requires overtime at one and a half times the regular rate for hours over 40 in a week, plus at least the federal minimum wage.
Common Violations
Common wage violations include:
- Unpaid overtime and off-the-clock work
- Misclassifying non-exempt employees as exempt to avoid overtime pay
- Treating employees as independent contractors to deny minimum wage and overtime
- Unauthorized deductions from paychecks
- Withheld final pay, commissions, or bonuses
A wage and hour claim can help recover unpaid wages, overtime, and other compensation. An hour claim may also arise when an employer fails to track or pay all time worked.
Employees may recover lost wages through the U.S. Department of Labor’s Wage and Hour Division or a private lawsuit, and generally have 300 days to file with the EEOC.
Wrongful Termination and Retaliation
Because Florida is at-will, an employer can end employment for any lawful reason. An employee wrongfully terminated for an unlawful reason, such as discrimination, retaliation, or breach of contract, may have a claim.
Protected Activities
An employer fails to follow the law when it punishes an employee for protected activity, such as:
- Reporting discrimination, harassment, or unsafe conditions
- Filing or supporting a wage claim
- Requesting a reasonable accommodation
- Taking protected family or medical leave
See our guidance on the signs of wrongful termination for when a termination may cross a legal line.
Non-Compete Agreements and Employment Contracts
Employment contracts and restrictive covenants can shape your options long after a job ends. Our Miami employment lawyers review, draft, and negotiate employment agreements and severance packages.
We Help Employees With:
We help employees with:
- Non-compete agreements and other restrictive covenants
- Non-solicitation provisions
- Severance agreements and their release terms
- Employment contracts, including compensation and bonus terms
Whether a restriction is enforceable depends on its scope and the facts, so a review before signing can protect future opportunities.
Signs You May Have an Employment Law Claim
Many employees are unsure whether a workplace problem is a legal claim. Some situations are worth a closer look with an employment lawyer in Miami.
You Have A Claim If...
You may have a claim if:
- You were fired or disciplined after reporting discrimination or harassment
- You were treated differently because of a protected characteristic
- You worked over 40 hours in a week without proper overtime pay
- You were labeled exempt or an independent contractor, but your duties suggest otherwise
- Your employer withheld earned wages, commissions, or final pay
- You were asked to sign a severance or non-compete agreement you do not understand
An early review preserves evidence, protects strict filing deadlines, and clarifies your legal rights and legal options.
What Our Clients Say
About Cantrell Schuette - Miami Employment Law Firm
Employment disputes can affect your income, career, and security at work, and an employment case can be a long process. An employment attorney in Miami who focuses on these matters helps you make informed decisions.
Cantrell Schuette is a law firm that represents employees throughout Miami-Dade County and across Florida, focusing on employment law in Florida, with practice areas that also include personal injury and business disputes. Our employment litigation team handles wage, discrimination, retaliation, and contract matters. Working with our legal team at the firm’s law office, you receive:
- Direct access to the attorneys handling your matter
- Clear communication on strategy, the legal process, and billing
- A realistic evaluation of your claim and legal options
- Legal representation in negotiation, before agencies, and in state and federal courts
We represent employees and Miami clients across the metro area, including Miami Beach and Coral Gables, and in neighboring Broward County, including Fort Lauderdale, and Palm Beach County, with personal attention to each client’s interests.
Speak With an Experienced Attorney Today
If you are facing an employment matter in Miami, early legal review can protect your rights and your deadlines. Contact Cantrell Schuette today at (877) 858‑6868 or email coordinator@lawcantrell.com to reach our Miami office and schedule a consultation with an employment attorney in Miami who understands the laws that protect employees.
Frequently Asked Questions
Contact us 24/7.
Is Florida an at-will employment state?
Yes. Florida follows the at-will rule, so an employer can end employment for any lawful reason, but not for an unlawful one such as discrimination, retaliation, or breach of contract. An employment lawyer in Miami can determine whether a termination crossed a legal line.
How long do I have to file an employment claim in Miami?
Deadlines vary by forum. An EEOC charge generally must be filed within 300 days in Florida, a Florida Civil Rights Act charge with the Florida Commission on Human Relations within 365 days, and FLSA wage claims within two years, or three for willful violations.
Do I need to file with the EEOC before suing for discrimination?
In most cases, yes. Employees usually must file with the EEOC or the Florida Commission on Human Relations and receive a right-to-sue notice before suing, often in the U.S. District Court for the Southern District of Florida.
Can my employer retaliate against me for reporting a problem?
No. Federal and Florida law prohibit retaliation against employees who report discrimination, harassment, or wage violations, or who join an investigation. An adverse action after a protected complaint may be a separate claim.
How much does an employment attorney in Miami cost?
Fees depend on the matter and may be hourly, a flat fee, or a contingency fee basis. Some laws let a prevailing employee recover attorney fees, and the firm explains fees at your initial consultation.
How do I choose the right employment attorney in Miami?
Look for an employment lawyer experienced in your type of claim, whether wage and hour, discrimination, or contract disputes, and well-versed in federal law and Florida regulations. A good employment attorney in Miami explains your legal issues and options clearly.