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Employment Law

Track reasons why you hired or rejected every applicant

02/12/2009

You can never know beforehand which applicant might sue you. That’s one good reason to track every hiring decision and document why you hired some candidates and not others.

Don’t sweat new supervisor’s one-time demeaning act

02/12/2009

New supervisors don’t always manage their subordinates as well as more experienced managers. They’re going to make some mistakes along the way. And not every early mistake will mean a winning lawsuit for the subordinate. As the following case shows, it takes more than one stupid move to create a hostile environment.

Federal minimum wage to top Florida’s $7.21 on July 24

02/12/2009

By now, you have probably adjusted your payroll software and hourly wage information to reflect the new Florida minimum wage of $7.21 per hour, which was effective on Jan. 1 …

Spirit Airlines flight attendants don’t like new logo aprons

02/12/2009

Miramar-based low-cost carrier Spirit Airlines has run into opposition from flight attendants over a change to their uniforms. The aprons the flight attendants wear while serving customers include logos promoting alcoholic beverage brands.

Refusal to say ‘Happy holidays’ leads to EEOC complaint

02/12/2009

A Florida employee who was fired for saying “Merry Christmas” when answering the phone instead of the approved “Happy holidays” has filed a religious discrimination lawsuit against her former employer.

OSHA fines WBG Construction

02/12/2009

OSHA has fined WBG Construction, based in Wesley Chapel, for seven safety violations at two of the company’s locations. The agency said the violations exposed employees to potential injury or even death. The fines total $119,000.

Sodexo Laundry Services settles pregnancy discrimination lawsuit

02/12/2009

Sodexo Laundry Services and the EEOC have settled a lawsuit over pregnancy discrimination for $80,000. The EEOC alleged that a Haitian linen room attendant who asked for an alternative assignment when she developed pregnancy complications was instead fired.

3 federal tests: Are workers employees or independent contractors?

02/12/2009

Some employers unknowingly misclassify some of their employees as independent contractors. In doing so, they risk suffering severe consequences. By becoming familiar with the following tests, you minimize the chances of misclassifying an employee.

What’s the hourly rate for family member caring for employee out on workers’ comp?

02/12/2009

Q. One of our employees was injured at work and is now receiving workers’ compensation benefits and leave. One of his family members provides attendant care for him. What hourly rate of pay should this family member receive for her services?

Employee wants FMLA leave: Can we contact her health care provider?

02/12/2009

Q. When one of our employees requested FMLA leave, we asked for medical certification of a substantial health condition from her health care provider. We received the form, but cannot read some of the physician’s handwriting and do not understand some of the responses. We also need additional information not requested in the medical certification form. Can we seek clarification from the health care provider?