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Employment Law

Animal control officer dogged by prescription revelation

11/01/2007

A Port St. Lucie animal control officer is suing the city after her supervisor wrote a public memo revealing the officer’s use of a prescription drug. The supervisor found legal anti-anxiety pills in the officer’s purse while searching her work truck for a receipt related to a wayward-dog case …

Cocoa faces second discrimination trial for lunchroom noose

11/01/2007

A retired Cocoa water worker, who lost a federal discrimination suit against the city nine months ago, filed again—this time in Brevard County’s 18th Judicial Circuit Court. The lawsuits center on three incidents in which the worker, who is black, says he was subjected to racist comments and taunted by a hangman’s noose …

Janitors sue over union rights

11/01/2007

Janitors working in Miami’s Bayside Mall joined with workers from five states to fight the coercive anti-union tactics of General Growth Properties (GGP) and two of its cleaning contractors. The National Labor Relations Board has sought a rare 10(j) injunction—a federal court order reserved for cases of egregious violations of workers’ civil rights—against the companies …

Tech Data Corp. makes ‘Best Places to Work for GLBT’ list

11/01/2007

Tech Data Corporation, a global IT products provider based in Clearwater, made the list of “2007 Best Places to Work for GLBT (gay, lesbian, bisexual and transgender) Equality,” a ranking of employers’ policies toward GLBT employees …

Transgender firing catalyzes civil rights movement

11/01/2007

South Florida has become the epicenter of the transgender civil rights movement following the firing of Largo City Manager Susan Stanton. It was too much for city leaders to take when Stanton transitioned from male to female. She was dismissed despite a good job performance …

Beware managers who participate in drive to unionize workers

11/01/2007

When union-organizing efforts target a business, managers usually sit on the sidelines. But managers may have sympathies with either side, and their actions could cause problems for either the employer or the union. Your best bet is to rely on professional negotiators and labor counsel …

Spirit of anti-Harassment policy more important than details

11/01/2007

Chances are your anti-harassment policy includes instructions for reporting any problems. That’s not enough—you also must make sure the policy is implemented. But don’t worry if circumstances require you to veer slightly from the policy …

Make sure employees know FMLA policy on returning to work

11/01/2007

Employers can require employees who are off work for an FMLA-qualifying illness (their own serious health condition or that of a child, spouse or parent) to provide updates on their conditions. But watch out if you have a policy that calls for termination if the employee fails to report for work when his doctor said he would be ready to return—especially if more FMLA leave is still available. Make absolutely sure the employee knows about the rule …

Even consensual affair with supervisor can spell trouble

11/01/2007

When a supervisor enters into a sexual relationship with a subordinate, chances are things won’t go well for the company. That’s one reason you should put in place strict limits on dating for supervisors and subordinates. You can prohibit such relationships altogether, or insist that anyone contemplating dating a subordinate must notify HR first so he or she can be removed from the supervisory role before the relationship starts. Otherwise, you risk a sexual-harassment lawsuit, especially if the supervisor later punishes the subordinate …

Erroneous ‘ERISA’ label doesn’t rule out state regulation

11/01/2007

The Employee Retirement Income Security Act (ERISA) was created to protect employee benefits plans. It preempts state regulation of covered plans. But many states, including Ohio, have specific laws that cover other aspects of the employment relationship. Those laws still apply in many cases, even if an employer mistakenly states ERISA covers a particular benefit …