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I work for a very small not for profit agency in Florida. We

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conduct frequent interstate relations including...
I work for a very small not for profit agency in Florida. We conduct frequent interstate relations including federal and state communications, monitoring, funding, etc, but we do not conduct these processes to make a profit (as commonly discussed with FLSA laws for interstate commerce). My understanding of federal employment laws are that they're all based on the size of your company. I have a documented disability that causes unplanned flare-ups and have requested a reasonable accommodation beginning 9 months ago. To date, no accommodation has been made and my employer has forced me to take PTO on every occurrence of a flare-up despite my ability to complete my job easily from home. As a result, my employer has told me they are concerned about the amount of my absences, despite nearly all of them being disability-related. I finally put a request for reasonable accommodation in writing, including common accommodations made for employees with my same condition. The needed accommodation of either working from home on a day of a flare-up and/or adjusting attendance policies to consider all disability absences as 1 lump absence for performance reviews have been denied. I've repeatedly been made to feel extremely uncomfortable about the situation and it's led to more frequent flare-ups. The last communication with my employer regarding my request felt discriminatory in nature. Other employees have been allowed to work from home for unforeseen situations such as a home repair and I have not. My employer, despite knowing my condition, said they are not going to let someone work from home "whenever they feel like it." I know that with the size of my organization, I am not covered under the ADA, FMLA, etc., but I'm wondering if I am covered under the FLSA since I am an exempt employee. I've called multiple law firms and not made any progress. I'm trying to determine what rights, if any, I have in my situation. While our internal policies do say I'm entitled to reasonable accommodation for disability and reference FLSA, I do not know if I have any true recourse or protection in my situation.
Submitted: 1 year ago.Category: Employment Law
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9/2/2016
Employment Lawyer: Maverick, Lawyer replied 1 year ago
Maverick
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Category: Employment Law
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Employment Lawyer: Maverick, Lawyer replied 1 year ago

Section 14(c) of the FLSA allows employers to pay wages below the federal minimum to employees who have disabilities that directly affect their job performance. Employers are able to do this through a special minimum wage certificate obtained from the U.S. Department of Labor’s Wage and Hour Division.

It appears that the Fair Labor Standards Act to require employers to provide reasonable break time and a private place for breastfeeding employees to express milk.

Other than these two concepts, I am not seeing anything that speaks to reasonable accommodations in the FLSA. See this link.

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Employment Lawyer: Maverick, Lawyer replied 1 year ago

The Florida Human Rights Act prohibits employment practices that discriminate on the basis of disability. The Act covers public and private employers with 15 or more employees (FL Stat. Sec. 760.01 et seq.).

So, even a state claim is not cognizant here since it appears that your employer's size is not 15 or more employees.

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Employment Lawyer: Maverick, Lawyer replied 1 year ago

I am sorry, despite my best efforts, I am not finding any other laws that would help you due to the small size of your emplyer.

I know this is not the answer you wanted to hear, but I am assuming that you are paying for a professional and honest answer.

Note: (1) Just Answer’s site disclaimers apply to all levels of service; (2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours; and (3) If we are done, please assign a feedback rating so Just Answer will compensate me for your question. Thank you for using Just Answer.

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Maverick
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Category: Employment Law
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