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Florida

Feel free to deny employees’ FMLA leave requests that aren’t legitimate under the law

06/15/2011

Some employees think they’re entitled to FMLA leave for every family emergency. They’re wrong. You should only grant leave requests based on legitimate reasons and reject clearly frivolous ones. You should also require employees to follow your rules and provide adequate notice.

Learn from public employee’s ‘reputation’ suit–even if you’re a private-sector employer

06/15/2011

Government employees have some rights that private-sector employees don’t have, including so-called liberty and property interests in their jobs. That can include the right to a hearing and an opportunity to present their side of the story before being discharged. It also includes the right to preserve their reputations.

Thinking of stiffing illegal immigrant workers? Better be ready to defend huge class-action suit

06/15/2011
The fact that a worker is in this coun­try illegally does not mean he can’t file a Fair Labor Standards Act overtime lawsuit. What’s more, that case can turn into a class-action suit, representing all other similarly situated illegal workers.

Time to post Florida’s new minimum-wage poster

06/15/2011

No doubt, you already raised hourly pay for your minimum-wage employees. The new Florida rate took affect on June 1, 2011, and raised the minimum wage to $7.31 per hour. That’s just a few cents more than the federal rate of $7.25. But have you put up the new poster in a conspicuous place?

Allow FMLA leave before terminating employee

06/15/2011

Are you thinking about terminating an employee for good business reasons, but know he needs to take FMLA leave? While you can legally discharge him, he could challenge the termination as interference with the right to FMLA. But what if you allowed him to take FMLA leave and told him not to return?

Broward’s wellness program survives ADA court challenge

06/03/2011
A federal judge has dismissed a lawsuit challenging Broward County’s employee wellness program, which came under legal challenge after the county started charging $20 per paycheck to employees who refused to participate.

Another reason to track everything: Passage of time makes it harder for worker to successfully sue

05/20/2011

It’s possible that a supervisor might wait years to get back at an employee who filed a discrimination complaint. Possible, but unlikely. The more time that passes between an initial complaint and any alleged retaliation, the less likely courts are to entertain a lawsuit.

Black Jacksonville firefighters sue for race bias in testing

05/11/2011
A group of black firefighters are suing the city of Jacksonville and their union, alleging that white firefighters illegally had an opportunity to view promotional tests before they were administered.

Bay Pines VA Center chief ends tumultuous reign

05/11/2011
The beleaguered director of the Bay Pines Veterans Administration Hospital in St. Peters­burg has announced he will retire once the Department of Veterans Affairs finds a replacement. His tenure at Bay Pines has been marred by a string of retaliation suits filed by employees.

Questionable staffing moves toss transit CEO from driver’s seat

05/11/2011
The Hillsborough Area Regional Transit Authority (HART) will have a new chief executive after a 7-4 vote by county commissioners. Con­troversial transit CEO David Armijo has been dismissed after several employees complained about his actions.