Donna M. Ballman, P.A.

At the Fort Lauderdale law offices of Donna M. Ballman, P.A., we provide legal representation to employees facing a variety of employment problems in Florida. We have organized and dedicated our resources to the practice of employee-side employment law. Our practice focuses on representing employees in employment law, labor law, and employment litigation.

Donna M. Ballman, P.A. Blogs

Blog Authors

Latest from Donna M. Ballman, P.A.

With big storms hitting all over, even places like Texas that aren’t used to snow closings, I thought I’d better re-run this ever-popular and necessary piece. Whether you’re entitled to be paid when the office is closed depends on whether you are “exempt” salaried or not. Just being salaried doesn’t necessarily mean you aren’t entitled to overtime. It’s possible to be salaried and still non-exempt from the requirements of the Fair Labor Standards Act. Many
 Many employers are mandating that employees get COVID vaccines, for good reason. COVID is a deadly disease that has killed hundreds of thousands of Americans and shut down many businesses. Employers want to get back to work.  Private sector employers can likely mandate vaccines with exceptions: Disability: Employees who have a disability that prevents them from being vaccinated will be entitled to a reasonable accommodation under the Americans With Disabilities Act and the Florida Civil…
 I’m hearing a lot of muttering about free speech rights relating to the Capitol protest/attempted coup last week. A number of people have been fired by employers after storming the Capitol, and they are complaining about their rights being violated.  So this raises the question: Can I be fired for attending the Capitol protest? Short answer is yes, with some limited exceptions. But if your question is: Can I be fired for storming the Capitol?…
In these times of political turmoil and pandemic, employee stress levels are off the charts. So I’m here to tell you to give yourself a break. Most people aren’t taking their vacations this year, and I think that’s a mistake. Even if it’s a staycation, take some rest and relaxation time to chill, work on a hobby or catch up on reading. You don’t want  to burn out. Especially now, it’s a really bad time…
 It’s election time, and in these emotionally-charged times there are lots of disputes arising in the workplace over politics. Can you be fired because of your political beliefs? Maybe. It depends on where you live.  Here are some things employers can’t do during this political season: Limit Discussions On Which Candidates Would Improve Working Conditions: While employers can certainly prohibit general political discussions and political campaigning at work, the National Labor Relations Act says that…
I’m hearing about lots of employers with fewer than 50 employees claiming that it is their choice whether to grant CARES Act emergency sick leave or FMLA. That is simply incorrect. Employers with fewer than 500 employees have to comply with the CARES Act leave requirements. However, there are some exemptions allowed to employers with fewer than 50 employees that aren’t given to larger employers. Per the Department of Labor, in order to deny…
Due to coronavirus, millions of Americans have been laid off and more layoffs are coming. The global pandemic has made the need for unions crystal clear. Unions all over the U.S. have valiantly been fighting for workers. Here is just some of what unions have done to help their members during the pandemic: Insurance continuation: Unions have successfully negotiated with employers to maintain health insurance and other benefits and insuring employers continue paying for health
The good news is, disability discrimination is still illegal. I’m seeing employers laying off or firing employees because they think they’ll be a liability or are at risk because of COVID-19. That’s flatly illegal and wrong. EEOC has issued a pandemic guidance that answers some of the many questions employers and employees have regarding the interplay between the Americans With Disabilities Act and coronavirus. Here are some answers to some common questions. Is my employer…
Things you didn’t think you had to say but apparently do: age discrimination is still illegal. Doh! Apparently some employers are freaking out right now due to the coronavirus pandemic and firing or laying off older employees to “protect” them. No. No. No. You cannot, I repeat, cannot take any action against someone due to their age. I don’t care if you think it’s for their own good. Unless the government orders otherwise, forcing someone…
Well, bowl me over. Finally, a somewhat pro-employee law is signed into law, and all it took was a global pandemic. The Families First Coronavirus Response Act (P.L. 116-127) became law on March 18, 2020. Emergency Family and Medical Leave Expansion: If you are unable to work (or telework) due to a need for leave to care for your son or daughter under 18 years of age if the school or place of care has been…