What are the penalties for employers who deny or interfere with FMLA rights?
In Florida, employers who deny or interfere with FMLA rights will be subject to penalties depending on the severity of the violation. The U.S. Department of Labor can assess civil money penalties of up to $1,000 for each violation and up to $100,000 per violation if an employer is found to have willfully or recklessly violated the law. Additionally, the state of Florida and other states may prosecute employers for violations of labor laws, including FMLA, and impose criminal penalties which may include fines and imprisonment. Employees whose rights have been denied or interfered with can also sue their employer and seek damages, including back wages, compensatory damages (for pain and suffering), and attorney’s fees and court costs. If the violation of rights is found to be especially egregious, the employee may also be able to recover punitive damages, which are intended to punish the employer for its negligence or malice. When employers deny or interfere with employee’s FMLA rights, they can also be subject to additional penalties by the state, including penalties from the Florida Paid Leave Office. This office can issue fines of up to $10,000 for serious violations and can invalidate any payouts previously requested by the employer under FMLA. In summary, there are a variety of penalties employers may face if they deny or interfere with FMLA rights in Florida. These penalties range from civil and criminal fines from the government to damages and attorney’s fees from an employee who sues their employer. Employers should always strive to comply with FMLA regulations to avoid any penalties.
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