• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Florida

When picking candidates for promotion, use measurable criteria—and document it

02/09/2010

Employers have plenty of leeway when deciding which employees deserve to be promoted—as long as they document the decision-making process. Chances are a court won’t second-guess their choices. Just ask yourself this basic question: Have I passed over a candidate whom a reasonable person would have selected because his qualifications were superior to the person I picked?

Accommodations may differ, but you must make sure they’re fair to all disabled workers

02/09/2010

If you have several disabled employees receiving reasonable accommodations, be careful to treat all of them fairly and equitably. While each disability is different and the ADA requires accommodations to take into account those differences, you must still be careful not to give some disabled employees better accommodations than others.

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: