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Florida

No matter how small, you’re probably covered by FLSA

04/01/2021

The Department of Labor has for decades held that the Fair Labor Standards Act covers all employers that send mail that crosses state lines or make phone calls to out-of-state numbers. Now a federal appeals court has made it clear that even an occasional phone counts.

Religion accommodation need is early, ongoing

03/04/2021

Applicants and employees alike are entitled to reasonable accommodation of their religious needs. That obligation starts at the beginning of the hiring process and continues throughout employment. Two cases involving adherents to the Seventh Day Adventist faith demonstrate this.

Risky business: Think twice before firing ‘sickly’ worker

02/18/2021

Never treat as disabled employees who recover from a medical emergency. Sure, some health problems cause long-term disability. But assuming someone is disabled when they’re not and taking an adverse action against them violates the ADA. The law prohibits “regarding” someone as disabled.

EEOC lawsuits take aim at pregnancy bias in hiring

02/03/2021

There has never been a better time to remind hiring managers that they may not discriminate against pregnant job applicants. The EEOC has made enforcement of the Pregnancy Discrimination Act a priority. Two recent cases show how seriously the EEOC takes this issue.

Persistence pays off when accommodating disabilities

10/01/2020

The ADA requires employers to engage in an interactive process to figure out if a reasonable accommodation will let a disabled employee perform the essential functions of her job. The employer gets to choose the accommodation. If, after trying possible accommodations, the employee still can’t do her job, the employer can terminate her.

Bostock covers transgender restroom choice

08/20/2020

Bostock v. Clayton County held for the first time that Title VII of the Civil Rights Act prohibits employers from discriminating against employees because of their sexual orientation and transgender status. However, the ruling left uncertain exactly how far the protection goes.

Always review supervisors’ firing recommendations

06/04/2020

HR should insist on reviewing every discharge decision before it is carried out. Thoroughly analyze past discipline to ensure consistency and fairness. It’s the best way to prevent a biased manager from triggering a losing lawsuit.

You make the FMLA ‘healthcare provider’ call

06/04/2020

When an employee wants FMLA leave, you don’t have to take her word for it that she has a serious health condition. You may insist on a certification that she is undergoing “continuing treatment by a health care provider.”

3 lawsuit-proof alternatives to layoffs

03/19/2020

With business slowing nationwide because of the coronavirus pandemic, many employers have already laid off staff, and many more fear they will have to do so soon. Before you commit to wholesale reductions-in-force, there are three alternatives worth considering.

Get ready for more failure-to-promote suits