Posted on 21-Sep-07 by The Timekeeper

If you’re an employer in Orlando, you’d best take care everything is on the up-and-up where your wage and hour issues are concerned. (Of course, that’s a good idea no matter where you’re located, but as you’ll see it can be especially important in Orlando…)

According to an article in the Orlando Sentinel (which, unfortunately, does not seem to be available on their site any longer), there are about 200 labor and employment lawyers practicing in the Orlando area. That’s nearly four times the number of labor and employment lawyers in Reno, NV, which is a metro area similar in size to Orlando.

Now, I don’t know whether the lawyers are flocking to Orlando because of all the legal action going on there, or if all the lawsuits are an effect of having so many lawyers crammed into one area, but as it happen the US District Court for the Middle District of Florida (located in Orlando) is the #2 busiest in the nation for the number of wage and hour lawsuits filed. (Interestingly enough, the #1 busiest is the Southern District of Florida, based in Miami. So bottom line, if you’re doing business in Florida, better watch your step!)

According to several of the lawyers interviewed in the article, overtime cases seem to be a fast-growing segment of litigation. They’re usually pretty cut-and-dried, the burden of proof is on the employer, and they typically wind up in settlement rather than going all the way to trial. Easy-peasy (at least from the employees’ standpoint!). But the lawyers love ‘em, because they’re generally involved every step of the way. And time, as they say, is money. Particularly when you bill by the minute.

As N. James Turner, who has been practicing employment law in Orlando since 1991 notes, most of the overtime cases he sees come about after a worker is let go. He thinks workers will put up with uncompensated overtime in order to keep their jobs, but once they’ve been laid off or fired, all bets are off.

So what can we learn from this? Well, obviously, if you’re in Orlando or Miami, it can be especially advantageous to keep your nose clean when it comes to labor relations and workplace law. (It’s certainly not a bad idea no matter where you are, but when you’re in the middle of a virtual army of labor and employment lawyers, well, better make sure you’ve got a good supply of shark repellent. Just sayin’…)

A bit of unsolicited advice: it might be better to consult with an employment lawyer before you reclassify those employees or institute that new compensation scheme you had in mind. The old saying that it’s easier to ask for forgiveness than to ask for permission doesn’t apply when you’re talking about wage and hour law. Not when getting to “forgiveness” could potentially cost you hefty penalties, big fines and astronomical legal bills.

And while you’re at it, it might not hurt to be nice to your workers, either. At least every now and then. You know, the old “dignity and respect” thing. Fair day’s pay for a far day’s work. All that. The fewer disgruntled employees you have, the less chance you face of having disgruntled ex-employees, eh?

Oh, and be especially careful how you go about letting workers go. Those disgruntled ex-employees are a labor lawyer’s dream… and an employer’s potential nightmare.

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