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Florida

Get legal help with termination agreements

02/09/2010

Call your attorney before offering a severance agreement! A federal trial court in Florida has allowed to go forward a disability discrimination lawsuit from a former employee who left under a negotiated termination agreement largely because the agreement was silent on why the employee was leaving.

Contractor suing? Don’t plan on quick dismissal

02/09/2010

One more thing to worry about if you use independent contractors: If a contractor sues over unpaid wages and overtime, it’s unlikely a court will dismiss the lawsuit early.

Another mortgage bailout, this time for Florida workers

02/09/2010

The U.S. Department of Labor recently announced it will spend $1.6 million to help retrain 600 mortgage industry workers who lost their jobs at the Taylor, Bean, and Whitaker mortgage company in Northern and Central Florida. The money will provide training assistance to workers so they can qualify for jobs in the health care and IT.

Sushi case shows how complicated tip credit can be

02/09/2010

A recent Florida case illustrates just how complicated the tip credit provision of the FLSA can be. In that case, a hostess at a Sushi Samba restaurant claims the restaurant forfeited its right to claim the tip credit because it distributed tips to employees who weren’t eligible to receive them. The controversy turns on the question of whether sushi chefs are tip-eligible employees.

OK to redistribute work as FMLA leave nears

01/11/2010

When an employee plans on taking FMLA leave, employers have to plan for the impending absence. That can include reassigning the employee to a less “mission-critical” job or temporarily removing responsibilities. Don’t worry that doing so will trigger a successful FMLA lawsuit.

Not all harassers need immediate firing

01/11/2010

If you have a robust anti-harassment policy and act fast to stop co-worker sexual harassment, you usually won’t be liable for that harassment. But that doesn’t mean you must automatically fire everyone who harasses a co-worker. You can use a more measured approach, including warnings and counseling. If that doesn’t work, then it may be time to terminate the perpetrator.

Impartiality assured: Panel limits judges’ Facebook friends

01/11/2010

We all know the law often plays catch-up with technology. Well, the Florida Judicial Ethics Advisory Committee is attempting to bring judges into the 21st century with the perfect combination of high tech and tight restrictions. The committee has advised judges who use the Facebook social networking web site not to “friend” lawyers who might appear before them.

Suspect doc is a ‘certification specialist’? Ask for second and even third opinions

01/11/2010

It happens more often than you might think. An HR office begins receiving an unusual number of FMLA certifications from the same doctor. The sudden deluge happens during peak production times when employees are required to work mandatory overtime. It all points to what amounts to a scam:

Firing employee who complained of harassment? Don’t let alleged harasser play any role

01/11/2010

Here’s a rule of thumb to follow: An alleged harasser should have no part in a later termination decision involving his or her accuser. Giving the alleged harasser any role in the firing is almost certain to spur a retaliation lawsuit, even if it turns out the harassment claim doesn’t stick.

Independent judgment often key to exempt status

01/11/2010

Smart employers make sure that employees classified under the administrative exemption have the authority to make independent decisions.