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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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Biography

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
    Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    White Collar Crime
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
University of Florida Levin College of Law Logo
University of Florida
B.A.
University of Florida Logo
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
Speaking Engagements
Adjunct Instructor - Employment Law, Tampa, Florida
University of South Florida
Adjunct Instructor - Employment Law, MCOB School of Information Systems & Management
Certifications
Board Certified, Labor & Employment
The Florida Bar
Websites & Blogs
Website
Lechner Law
Legal Answers
31 Questions Answered
Q. Is there any legal standing in florida as an employee to mandate masks worn at my desk and cubical when people enter it.
A: As an at will employee, you can't force other employees to wear masks but you have the legal right to voluntarily terminate your employment to remove yourself from your undesirable situation. Alternatively, if you feel the company policy is unfair and adversely affecting the terms and conditions of your and your co-workers employment, you have the legal right to engage in concerted activity under Section 7 of the NLRA, meaning you can discuss these concerns with your coworkers; organize meetings to discuss forming a union with your co-workers; distribute union literature and discuss union matters in non-work areas during non-work times; sign a card asking your employer to recognize and bargain with your union; file grievances with the NLRB related to your working conditions; and ask other employees to support the union, to sign union cards, or to file grievance, after which, if a union is elected, the union can collectively bargain to improve the undesirable working conditions.
Q. I work for a store in south Florida. My company is a large clothing retailer. Before the Supreme Court OSHA decision,
A: Under Fla. Stat. § 381.00317, a private employer may not impose a vaccine mandate unless the employees are allowed to opt out on the basis of 5 separate reasons: - Medical reasons (including pregnancy & anticipated future pregnancy) - Religious reasons (including moral or ethical belief) - COVID19 immunity - Periodic testing - The use of employer-provided PPE. To invoke any of the exemptions, you must submit to your employer a specific form available from the Florida Department of Health website. Any company that does not provide these exemptions or terminates your employment for submitting an exemption form violates the law and may be subject to substantial fines. To obtain the proper forms, go to the Department of Health website http://www.floridahealth.gov/.
Q. Can my job force me to get a COVID-19 vaccination?
A: To clarify the previous responses, the Florida legislature has passed a bill that will prohibit a private employer from imposing a COVID-19 vaccination mandate for any full-time, part-time, or contract employee without providing individual exemptions that allow an employee to opt out on the basis of medical reasons, including, but not limited to, pregnancy or anticipated pregnancy; religious reasons; COVID-19 immunity; periodic testing; and the use of employer-provided personal protective equipment. The Governor is expected to sign it into law this week. To claim an exemption based on pregnancy, the employee will need to submit an exemption statement signed by a physician or a physician assistant stating his or her opinion that the COVID-19 vaccination is not in the best medical interest of the employee. If an employer receives a completed exemption statement, the employer will be required to allow the employee to opt out of the employer's COVID-19 vaccination mandate. Failure to do so could result in fines against the employer up to $50,000 per violation. Contact an employment attorney for more information.
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Contact & Map
Lechner Law
201 E. Kennedy Blvd.
Suite 412
Tampa, FL 33602
Telephone: (813) 388-2662
Monday: Open 24 hours
Tuesday: Open 24 hours (Today)
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Closed