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Florida

Counting paid time off as FMLA leave? Tell employee you’re running them concurrently

10/11/2011
The FMLA says that employers can run out the FMLA clock by counting paid time off against the 12-week entitlement. Smart employers make sure that employees understand that’s how it works. That way, employees won’t run out of leave and lose their jobs because they didn’t realize the clock was ticking.

FLSA administrative exemption doesn’t require employee to meet all examples in regulation

10/11/2011
Here’s some good news for employers that classify workers as exempt under the FLSA’s administration exemption: Contrary to what some attorneys have been attempting to argue, employees don’t have to perform all the functions listed in the DOL regulations, just one.

Crack down on moonlighting during FMLA leave

10/11/2011

Do you have employees who take intermittent FMLA leave to deal with their own health conditions? If so, you might worry that they sometimes abuse that leave by calling in when their condition supposedly flares up, only to go to work at a second job. Here’s how to handle that situation:

Remind managers to track verbal discipline, too

09/23/2011
Employees don’t go from good to terrible instantly. There is usually a slow and steady decline. Be sure that the process is carefully documented, right from the very first verbal warning.

Don’t let fear prevent firing of whistle-blower: Your complete records will back you up

09/23/2011
Some whistle-blowing employees think they can’t be disciplined if they report alleged wrongdoing to authorities or upper management. That’s not true. Employers can always discipline employees who break rules or perform poorly. The key is fairness and equal treatment.

In discipline, it’s the details that matter

09/23/2011

Employees who believe they have been disciplined more severely than co-workers may blame the disparity on some form of discrimination. They may think that their age, sex, national origin or some other protected characteristic is the real reason. Even if you know you haven’t been biased, be prepared for the accusation.

PwC sued for alleged bias, retaliation in Tampa office

09/13/2011
An Arab-American of Moroccan descent has charged consulting giant PwC (formerly Pricewaters­houseCoopers) with discrimination and retaliation after it fired him and allegedly orchestrated his firing from another firm.

BellSouth ‘managers’ win class certification

09/13/2011

A federal judge has allowed an FLSA class-action lawsuit against BellSouth Telecommunications to move forward. The class consists of “level-one” managers who claim they have been misclassified so the company won’t have to give them overtime pay.

Quitting for sex harassment warrants unemployment comp

09/13/2011
Employees who can show they quit their jobs because of unresolved complaints about sexual harassment are entitled to unemployment benefits.

Court: Isolated risqué comments aren’t enough to create a hostile work environment

09/13/2011
Not every inappropriate comment in the workplace is grounds for a lawsuit. Even several isolated comments don’t necessarily make the workplace hostile, especially if they aren’t directed at the complaining employee.