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Employment Law

Lilly Ledbetter Fair Pay Act already spurring more cases

03/09/2009

The Lilly Ledbetter Fair Pay Act has opened the litigation floodgates. Already, federal courts hearing Florida cases are reinstating lawsuits they would have easily dismissed just weeks ago.

Track shift assignments to ensure fairness to all

03/09/2009

If your organization operates several shifts to get its work done, you probably have a system in place to make sure shift assignments are drawn up fairly. If you don’t, consider implementing such a system now.

Employee sues union for unfair labor practice

03/09/2009

Employees are suing everyone these days—even their own unions. William Miron, a 17-year employee of the Hillsborough Area Regional Transit Authority, recently won a lawsuit against the Amalgamated Transit Union, which represents the bus company’s employees.

Take it seriously when doctor limits employee’s duties

03/09/2009

Employers ask for trouble when they ask workers to violate doctor’s orders. Train supervisors to honor medical restrictions. It will help the company in workers’ comp cases as well as ADA and FMLA situations. The following case illustrates the perils of playing fast and loose with physician certifications recommending light duty.

ADA doesn’t require promotion as reasonable accommodation

03/09/2009

In an unpublished 11th Circuit decision, a court has sent an ADA case back to a lower court to determine whether the Seminole County School Board discriminated against Marilyn Woodruff when it did not move her to less physically demanding jobs available in the district.

The Florida tests: Are workers employees or independent contractors?

03/09/2009

Recently, we addressed the risks involved in misclassifying employees as independent contractors and explored the three federal tests for getting it right. Be aware that Florida has own laws for determining whether a worker is an employee or an independent contractor. Along with the federal standards, you need to be familiar with the Florida tests.

What do the workers’ comp rules say about employee’s flexibility to choose a psychiatrist?

03/09/2009

Q. An injured employee has requested a change of psychiatrist under Florida’s Workers’ Compensation Act. He never visited the originally assigned treating psychiatrist. Must we give the employee a choice of three other psychiatrists?

Can employee on workers’ comp who has already changed doctors now pick out a specialist?

03/09/2009

Q. One of our employees who is receiving workers’ compensation benefits and receiving treatment for a work-related accident already changed his primary care doctor once. He now wants to change to an orthopedic physician. Is he entitled to another physician in a different medical specialty?

Can we prohibit salary talk?

03/09/2009

Q. As an alternative to layoffs, our company has cut employee wages. We decided to do that instead of reducing their hours. While the employees have agreed to this (hopefully) temporary measure, supervisors have received reports that workers have been discussing their new wages and salaries with one another. Our executives want to direct all employees not to discuss their wages and salary information with others. Is it legal to enforce such a rule?

Agree if returning worker proposes new exam

03/06/2009

Employees who take leave because of a disability may be entitled to a reasonable accommodation when they return to work. But, as an employer, you have the right to decline an employee’s return if you genuinely believe she won’t be able to perform her job. But if the employee proposes undergoing a medical or psychological exam to prove she is fit to return, cooperate.