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Some managers have to be paid overtime, some do not; it depends on their duties. To be exempt as an executive, which some managers are exempt from the overtime wage requirements of the Fair Labor Standards Act, there have to be certain duties met, as well as the person has to be paid on a salary basis. Sometimes, managers are misclassified as managers when they’re really primarily workers or employees doing regular work and their duties are not primarily managerial or executive. Sometimes those employees can be required by law to be paid overtime.

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False claims, or Qui Tam laws, are laws that allow somebody to bring a claim on behalf of the government, and that person is called the relater, who brings the claim, and they brought, they bring the claim on behalf of the government against a business that is cheating or stealing from the government. When the government is being stolen from, as an example, Medicaid fraud, or other types of fraud against the government, the employee can bring the claim, the claim is filed under seal, so the business cannot discover the claim until the government has time to investigate the claim. Once the government’s completed it’s investigation, the government can take over the claim and the claim can be unsealed and then the business would need to defend itself against the claim. Meanwhile, the person who brought the claim could recover a percentage of the amount of the money the government gets that was stolen from the government.

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There are many laws that protect employees from employment discrimination. Examples of these laws include laws that prohibit employees from being discriminated against based on their race or their ethnicity or their gender. There are many other laws that the legislatures have created in recent years, such as discrimination based on sexual orientation or whistle blower status. There are many different categories.

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There are different types of whistle blowers but the main type of whistle blower is somebody who has objected to or refused to participate in an unlawful practice of the employer. By doing that the employee has done something that he is protected from so that the employer cannot get back at him through some form of reprisal. There are other whistle blower laws that cover what are called [key tam 00:00:28] laws where the employer is being accused of stealing from the government. In that case the employee can bring a lawsuit that’s under seal against the employer and the employee can then bring this lawsuit on behalf of the government and allow the government to investigate the claim. In that situation the employee is allowed to share in the percentage of the recovery against the employer for the theft from the government.

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An individual can file an employment discrimination lawsuit without a great deal of difficulty. Some employment discrimination laws require that there be an administrative process or an administrative remedy that’s exhausted such as going to the EOC or going to another government agency and having the agency first investigate the issue and then giving the employee clearance to file their law suit. Other anti discrimination laws, including those for example governing a race discrimination, do not require following this administrative process and a lawsuit can be filed immediately in court. The remedies the employee can recover are typically back wages, damages that would include emotional distress damages and sometimes front pay which would include future pay the employee would have gotten in the future, as well as punitive damages, which are punishment type of damages.

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Deductions from an employee’s wages typically are going to be taxes such as social security tax, medicare tax, federal income tax withholding. Sometimes there’ll be other things that are required by the government to withhold such as child support. Typically though an employer sometimes will enter an agreement with an employee where there will be an advance to the employee and the employee is supposed to pay things back. What the employer has to be careful about is always to ensure that the employee gets at least the minimum wage in each of those paychecks. The federal and state laws require the payment of minimum wage even if the employee owes you more money.

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Many different classes of people are protected by Employment Discrimination Laws. Laws prohibit discrimination based on age, on the race, ethnicity, gender. Also Whistleblower status, Workers’ Compensation Claim status, status brought under the Family Medical Leave Act, where a person has brought a claim or attempted to assert their rights and they’re supposed to be free from discrimination. All these laws can protect an employee and give rise to claims against employers if the rights are violated.

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Overtime, it’s considered to mean that you worked more than 40 hours in a week. If you’re entitled to overtime pay, that means the employer has to pay the employee one half times the normal hourly rate for those hours that above 40 hours in a week.

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A charge of discrimination can be filed by a person who is allowed to be protected by a law. There are various laws in the state of Florida such as the Florida Civil Rights Act requiring at least 15 employees. Local ordinances also can reduce the minimum number of employees that are protected by a law. For example, Broward County and Miami-Dade County have different ordinances that allow employees to be protected from discrimination with just having simply five employees of the employer. These laws were designed by local ordinance to increase the amount of employees that can be covered by anti-discrimination laws.

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