Practice Areas
Since 1978, the attorneys at Richeson & Coke, P.A. have been representing employers, including private businesses, agricultural employers, and public employers, such as school districts, cities, and other government organizations, in all types of labor and employment matters. From our offices in Fort Pierce and West Palm Beach Florida, we are able to assist clients throughout Florida in the following areas:
- Employment Discrimination Defense
- Wage & Hour Laws
- OSHA Regulations
- Agricultural Labor
- Public Employment
- Management Labor & Employment Law
- Litigation & Arbitration
- Advice, Counseling & Preventative Services
Employment Discrimination Defense
When an applicant is not hired or an employee is fired, disciplined, demoted, or does not receive a promotion or a raise, it is not uncommon for the disgruntled employee or applicant to believe an employer is discriminating against him or her, even when this is not the case. Richeson & Coke, P.A. provides defense for employers, including supervisors and managers, against all types of allegations of discrimination, including those arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). Under these Acts, employers are prohibited from discriminating against qualified individuals on the basis of the following protected categories:
- Disability
- Race
- Color
- Religion
- Sex (including Pregnancy, Childbirth, & Related Medical Conditions)
- Marital Status
- Age (over 40)
These laws also make it illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. In addition, employers must reasonably accommodate the known physical or mental limitations of otherwise qualified employees or applicants who have a disability, as well as employees' or applicants' sincerely held religious practices, unless doing so would impose an undue hardship on the employer.
Wage & Hour Laws
The attorneys at Richeson & Coke, P.A. regularly advise clients on compliance with the Fair Labor Standards Act (FLSA), which applies to private sector employers and in Federal, State, and local governments, and defend clients against claims of violations. Common issues which may result in employment disputes include alleged violations of the following:
- Minimum Wage Law
- Overtime Pay
- Hours Worked, including "Waiting" & On-Call Times
- Meal & Break Periods
- Vacation & Sick Pay (if applicable)
- Final Pay (at Termination)
- Employee Classification (Exemptions)
- Recordkeeping
- Youth Employment Standards
OSHA Regulations
Richeson & Coke, P.A. provides advice and counseling for employers on how to remain in compliance with the workplace health and safety regulations which are enforced by the Occupational Health and Safety Administration (OSHA). In addition, the firm defends clients against accusations of violations in hearings coming before the Department of Labor (DOL). Because serious or willful violations are penalized by substantial fines that can seriously harm an employer's ability to continue operations, the firm focuses on arguing that the violation, if any, was de minimus, requiring no penalty or abatement.
Agricultural Labor
The defense of agricultural employers requires an attorney to be familiar with many complex nuances of law. For example, there are exemptions for minimum wage and overtime pay provisions which apply to certain agricultural workers under the federal Fair Labor Standards Act (FLSA). There are also additional laws which only govern agricultural workers, including the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), which safeguards many migrant and seasonal agricultural workers in their interactions with agricultural employers. Richeson & Coke, P.A. routinely represents agricultural employers and understands the various exemptions and additional regulations that may apply in these cases.
Public Employment
The defense of public employers, such as federal, state, and local government employers, requires an attorney to be familiar with many complex nuances of law. For example, state and local government workers are not covered by federal OSHA. Richeson & Coke, P.A. routinely represents public employers and understands the various exemptions and additional regulations that may apply in these cases.
Management Labor & Employment Law
Under the National Labor Relations Act (NLRA), private-sector employees have the right to organize and bargain collectively with their employer, whereas an employer's commercial interests are protected against unfair actions committed by labor organizations. The National Labor Relations Board (NLRB) has the power to safeguard employees' rights to organize and unionize and to prevent and remedy unfair labor practices, such as retaliation for unionization, committed by private sector employers and unions.
The attorneys of Richeson & Coke, P.A. are highly experienced at dealing with the NRLB on behalf of management, including offering advice and counseling to prevent employers from committing unfair labor practices and defending against employee accusations of unfair labor practices in NLRB administrative hearings or subsequent litigation. As experienced negotiators, Richeson & Coke, P.A. also represents private sector employers in collective bargaining with union representatives.
Litigation & Arbitration
Richeson & Coke, P.A. has been practicing employment defense on behalf of management for over thirty years. The firm understands not only the complex and employee-protective laws that govern employment litigation, but also the litigation strategies which are most effective in defeating employee claims and minimizing settlement amounts. The firm's attorneys are highly experienced litigators who have represented clients in both state and federal courts, as well as in hearings coming before administrative agencies, such as the federal Equal Employment Opportunity Commission (EEOC), and in arbitration proceedings.
Advice, Counseling & Preventative Services
Successfully operating a business can be a difficult job in itself, but keeping track of the myriad of complex and changing Florida and federal laws can make it even harder. While attempting to comply with these laws, employers can become easy targets for meritless legal claims by their employees. Taking preventative measures is crucial to preventing and minimizing the possibility of employment lawsuits; examples include drafting a comprehensive employee handbook, properly handling employee complaints and disciplinary actions, and ensuring that personnel policies are consistently enforced among employees.
Richeson & Coke, P.A. provides employers with advice and counseling services on a wide array of state and federal employment issues to help employers protect themselves against future disputes. We review handbooks and other materials to ensure compliance with the various labor and employment laws and make sure that personnel policies are clearly enumerated. Because employers may be restricted in their ability to terminate employees due to federal antidiscrimination laws, statutory grounds for state and public employees, and rights granted by the employer though contracts, handbooks, practices, and policies, we also guide management on how and when to discipline or fire an employee.
