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Florida

Cut liability by acting fast following employee complaint

01/11/2010

Under Florida law, employees whose supervisors treat them so outrageously that they suffer emotional damage may have a claim for intentional infliction of emotional distress. But the conduct has to rise to a level that is truly outrageous. That’s why taking quick action after the employee first complains can help prevent a minor workplace problem from becoming a legal catastrophe.

Tampa enacts law banning transgender discrimination

01/11/2010

By a 5-to-1 vote, the Tampa City Council has passed legislation banning discrimination based on gender identity and expression in employment, housing and public accommodation.

OSHA eschews Mickey Mouse approach with Disney World

01/11/2010

OSHA has cited Walt Disney World following two fatal accidents at the amusement park. Last July, a monorail train operator was killed when a switching error brought two trains together on the same track. In August, an actor died from injuries suffered during Disney’s new “Pirates of the Caribbean” stage show.

Catch all 22 evidence preservation steps in case of litigation

01/11/2010

Employers and HR professionals hear it all the time: You must be prepared to preserve relevant corporate information and data and produce it if you are sued. You can take some preparatory steps to ensure that you can comply with inevitable litigation holds and are proficiently primed to assist your attorneys should litigation occur. This list of 22 to-do’s can guide your document and data preservation and retention procedures:

Employment testing and discrimination in the post-Ricci era

01/11/2010

Like every other aspect of the employer-employee relationship, a variety of federal and state laws govern how employers can administer job-related tests. Last year, the U.S. Supreme Court ruled in Ricci v. DeStefano that employers violate Title VII if they do not validate job testing results solely because they fear a lawsuit.

How should we respond to a subpoena for one of our employees’ personnel records?

01/11/2010

Q. We recently received a subpoena to produce an employee’s personnel file in connection with a lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena?

Legal compliance starts at the very beginning—with hiring

01/05/2010

Protecting yourself and your organization from lawsuits starts the minute you decide to hire someone. Potential lawsuit land mines line your path. To stay out of court, build your hiring process around these principles:

Employee stressed out by possible discipline? That’s no reason to halt the process

01/05/2010

Go figure: Some employees get stressed out when they suspect they’re facing serious discipline or even termination. That understandable anxiety doesn’t mean you have to stop the disciplinary process. Unless the employee asks for FMLA leave or otherwise gives you enough information to indicate that she has a serious health condition—and not just nerves—you can go ahead with your investigation.

Griddlegate: Pancakes, French toast sweetened state e-mails

01/01/2010

Gov. Charlie Crist has called for an investigation following allegations that Florida Department of Transportation employees used code words in e-mails referring to the state’s pending high-speed rail program. Some e-mails refer to “pancakes” and “French toast,” apparent code words for aspects of the transit. The suspected reason for the syrupy sleight of hand: to avoid having the e-mails discovered through Freedom of Information Act requests.

Handling an EEOC investigation

01/01/2010

Q. A former employee recently filed a complaint against my company with the EEOC. He is alleging race discrimination. As part of its investigation, the EEOC will be coming to our offices to interview employees. Do I have to make these employees available? Can I sit in on the employee interviews?