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Employment Law

No individual liability under FMLA for public employers

10/14/2008

Good news if you work for a public employer in Florida. If you make an FMLA mistake, you can’t be sued individually, unlike your peers in the private sector …

Retain right to nix discipline that might be retaliation

10/14/2008

Employees don’t have to win their discrimination claims to charge retaliation. That’s why it’s important for HR to stay on top of any disciplinary action aimed at an employee who has already complained about discrimination …

Phone propositions yield no sex — and a lost job

10/14/2008

Michael Silvey, property management coordinator for the Department of Public Works in Hernando County, was fired for phoning and asking for sex from two women he formerly worked with at the Southwest Florida Water Management District …

Court: Lewis gave up police job when he ran for Tampa mayor

10/14/2008

Former Tampa Police Department (TPD) Capt. Marion Serious Lewis forfeited his law enforcement job when he ran to unseat Tampa Mayor Pam Iorio in 2007, a Florida appeals court has ruled. The city sought to enforce Tampa’s “resign to run” statute …

NLRB says NSU bullied janitors

10/14/2008

The National Labor Relations Board (NLRB) has issued a complaint against Nova Southeastern University (NSU), claiming the university coerced and threatened cleaning workers who tried to join the Service Employees International Union …

Illegal immigrants enslaved workers

10/14/2008

Five Mexican citizens living illegally in the United States pleaded guilty to forcing undocumented workers to labor on their family farm in Immokalee …

How should we handle background checks during a merger or acquisition?

10/14/2008

Q. We are acquiring another company and intend to hire hundreds of its employees. Can we rely solely on that company’s background and criminal checks? …

Firing OK if employee falsely claims harassment

10/14/2008

Not every sexual harassment complaint is legitimate. A thorough investigation may wind up showing that one of the parties is lying. Can you fire the presumed liar if he or she brought the complaint in the first place? The answer is a qualified “yes” …

FMLA: Distinguish between disability and behavior

10/14/2008

Alcoholism can be a disabling medical condition that qualifies an employee to go on FMLA leave to undergo substance abuse treatment. But the same isn’t necessarily true for a drinking binge that lands an employee in the hospital …

Big win for Blue Cross as suit fails to become class action

10/14/2008

Blue Cross and Blue Shield of Minnesota has won a significant victory in an overtime lawsuit filed by two customer service representatives. A court has denied a petition to elevate the case to class-action status—a decision that could save the insurer millions of dollars if it eventually loses.