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Jay P. Lechner Esq.

Jay P. Lechner Esq.

Florida Bar Board Certified Labor & Employment Attorney
  • Employment Law, Business Law, White Collar Crime...
  • Florida, Middle District of Florida, Northern District of Florida, Southern District of Florida
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Lawyer Rating and Reviews
Legal Knowledge
5.0/5.0
Legal Analysis
5.0/5.0
Communication Skills
5.0/5.0
Ethics and Professionalism
5.0/5.0
Rating: 10 Justia Lawyer Rating - 10 out of 10
I'm a lawyer. I hired Jay to represent me personally when a party on the other side of a case sued me in Federal court. He not only got the case dismissed for me but he did so for my client. We will forever be grateful for Jay's commitment to competence and diligence.
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Summary

Mr. Lechner is a Florida Bar board certified labor and employment lawyer with years experience representing both employees and employers in all aspects of employment law matters. He was recently selected 2020 Lawyer of the Year, Employment Law - Mgmt., St Petersburg (US News & World Report).

Mr. Lechner’s expert speciality extends to all employment disputes, including wrongful termination, sexual harassment, discrimination including but not limited to age, race, gender, national origin, overtime and wage/hour payment issues, retaliation and whistleblower claims, as well as restrictive covenants, unfair business practices, related state tort and contract issues and other types of employment litigation.

Before attending law school, Mr. Lechner spent several years in management and served as a volunteer firefighter.

Call him for your free consultation today!

Practice Areas
  • Employment Law
  • Business Law
  • White Collar Crime
  • Civil Rights
Additional Practice Area
  • Labor & Employment
Fees
  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
Florida
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Middle District of Florida
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Northern District of Florida
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Southern District of Florida
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11th Circuit Court of Appeals
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Languages
  • English: Spoken, Written
Professional Experience
Founding Attorney
Lechner Law
Current
Education
University of Florida Levin College of Law
J.D. | Law
with honors
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University of Florida
B.A.
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Awards
Lawyer of the Year, Employment Law - Management
Best Lawyers
Saint Petersburg, FL
Super Lawyer
Super Lawyers Publication
Selected To Super Lawyers: 2014 - 2019 5+ years
Volunteer of the Year
Florida Bar Labor & Employment Section
Rising Star
Super Lawyers Publication
Selected To Rising Stars: 2009 - 2011
Legal Elite
Florida Trend Magazine
Best Lawyers
U.S. News and World Report
Professional Associations
American Bar Association
Member
Current
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Hillsborough County Bar Association
Member
Current
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Florida Bar Labor & Employment Section
Executive Council Member
- Current
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Florida Bar Journal Editorial Board
Chair
-
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Publications
Articles & Publications
Fair Labor Standards Act Treatise
Bloomberg
Certifications
Board Certified, Labor & Employment
The Florida Bar
Websites & Blogs
Website
Lechner Law
Legal Answers
9 Questions Answered

Q. What if you work for an employer that is considered an essential business and...
A: If you believe working conditions are unsafe or unhealthful, you may file a complaint with OSHA and ask for an inspection. It is illegal for an employer to retaliate against you for filing an OSHA complaint. Moreover, if an employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19, that employee would be entitled to up to two weeks of paid leave if he or she works for a covered employer with less than 500 employees. This seems like an instance where a health care provider may recommend a self-quarantine. Talk with your doctor.
Q. Im a salary paid director of a child care in clearwater, FL The business temporarily closed Coronavirus do they pay me?
A: In the absence of an employment contract or collective bargaining agreement, a company may cease operations due to business necessity caused by the pandemic and not pay employees who are not performing work. You may be eligible for unemployment benefits. On the other hand, if the purpose of furloughing workers is to avoid paying paid leave under the new Coronavirus Paid Leave Law, this could be considered “interference” with their federal leave rights. The Eleventh Circuit has held that employees are protected from FMLA interference prior to the occurrence of a triggering event where the necessity for leave is foreseeable. If a company laid off workers in anticipation of the effective date of the Coronavirus Paid Leave Law, the company may be liable for unlawful interference. However, in this case it appears likely a child care provider would shut down for legitimate reasons under the circumstances.
Q. Yesterday I was told I’m being furloughed due to Coronavirus. I am 8 months pregnant - does my job have to honor my LOA?
A: If you were singled out for furlough while other non-pregnant employees were not, the company may be liable for discrimination. You may also qualify for unemployment benefits. Moreover, if the purpose of furloughing workers is to avoid paying paid leave under the new Coronavirus Paid Leave Law, this could be considered “interference” with their federal leave rights. The Eleventh Circuit has held that employees are protected from FMLA interference prior to the occurrence of a triggering event where the necessity for leave is foreseeable. If a company laid off workers in anticipation of the effective date of the Coronavirus Paid Leave Law, the company may be liable for unlawful interference.
Q. My wife was sent home from her job without pay due to a positive COVID-19 test result at my hospital. Is this legal?
A: It is legal for an employer to take reasonable actions to protect the health and safety of its employees and customers. However, if an employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19, that employee would be entitled to up to two weeks of paid leave if he or she works for a covered employer with less than 500 employees. This seems like an instance where a health care provider may recommend a self-quarantine.
Q. I resigned from my employer, a large engineering firm, and they refuse to pay me for my last weeks of work.
A: This is a type of matter for which an employment attorney could help you. Often these disputes can be resolved prior to filing suit. If not, your actual place of employment generally is the correct jurisdiction. There may be other issues, so you should probably speak with an attorney.
Q. there are confirmed cases of COVID-19 at my workplace, and the management team has not notified any staff
A: This morning, the President signed into law the Emergency Paid Sick Leave Act, which provides 2-weeks paid leave to certain employees (not in the health care field) for a number of reasons, including if they have been advised by a health care provider to self-quarantine due to concerns related to COVID-19. Being potentially exposed via known cases at work might be sufficient for a health care provider to make such a recommendation. In addition, an employer that willfully ignores federal and state directives and protocol during a public health emergency, including hiding the existence of known cases thereby knowingly exposing employees to COVID-19 could conceivably be held liable under negligence or other legal theories.
Q. i was just informed by my supervisor that hr is investigating me for working off the clock.
A: It’s not illegal for you to work off the clock, but it is illegal for a company to not pay an employee for time worked off the clock. A company can discipline an employee for working off the clock, but must pay him/her for that time, including any overtime if it pushes the work time over 40 hours in a workweek.
Q. I'm on 1099, but I'm just an employee. The owner offered to change to w2, but at a reduced rate of pay. Is this legal?
A: Misclassifying employees as 1099 independent contractors is a common tactic used by employers to avoid various expenses, including taxes, unemployment and workers's compensation costs and overtime compensation. Changing you to a W2 is not illegal, nor is reducing your pay. The real question is whether you were not paid for all time worked, including overtime compensation, when you were misclassified as 1099. That would potentially not be legal.
Q. Overtime question. Fiance is a teacher assistant ( not an actual teacher) and she also does after care as well. Her pay
A: The short answer is that she likely was entitled to overtime from the beginning of her employment, assuming her primary job duty did not involve teaching. The long answer requires an analysis of multiple compex issues under the FLSA. First, it is true that effective January 1, 2020, the salary level for executive, administrative, and professional exempt employees under the FLSA will increase from $455 per week ($23,660 annually) to $684 per week ($35,568 annually). However, the salary level test does not apply to teaching professionals. Second, teacher assistants generally do not qualify for the teacher professional exemption if their primary duty is not teaching, although this depends on an assessment of her actual job duties. Third, the fact that she was paid for two separate functions, partially on a salary basis and partially on an hourly basis, does not preclude her entitlement to overtime. She should speak with a qualified employment attorney.
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Contact & Map
Lechner Law
6126 Yeats Manor Dr.
Tampa, FL 33616
USA
Telephone: (813) 842-7071