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Florida

The Florida tests: Are workers employees or independent contractors?

03/09/2009

Recently, we addressed the risks involved in misclassifying employees as independent contractors and explored the three federal tests for getting it right. Be aware that Florida has own laws for determining whether a worker is an employee or an independent contractor. Along with the federal standards, you need to be familiar with the Florida tests.

What do the workers’ comp rules say about employee’s flexibility to choose a psychiatrist?

03/09/2009

Q. An injured employee has requested a change of psychiatrist under Florida’s Workers’ Compensation Act. He never visited the originally assigned treating psychiatrist. Must we give the employee a choice of three other psychiatrists?

Can employee on workers’ comp who has already changed doctors now pick out a specialist?

03/09/2009

Q. One of our employees who is receiving workers’ compensation benefits and receiving treatment for a work-related accident already changed his primary care doctor once. He now wants to change to an orthopedic physician. Is he entitled to another physician in a different medical specialty?

Can we prohibit salary talk?

03/09/2009

Q. As an alternative to layoffs, our company has cut employee wages. We decided to do that instead of reducing their hours. While the employees have agreed to this (hopefully) temporary measure, supervisors have received reports that workers have been discussing their new wages and salaries with one another. Our executives want to direct all employees not to discuss their wages and salary information with others. Is it legal to enforce such a rule?

Coping with seriously ill employees and inquisitive co-workers

03/06/2009

It’s sad enough when an employee becomes seriously ill. What makes it tougher is that work doesn’t stop. Responding to these challenges requires tact, sensitivity and flexibility. Mistakes can mean not only hurt feelings but also potential legal liability problems. The key is balance …

Stacks of résumés are no excuse for sloppy hiring practices

03/06/2009

Despite the daily economic lamentations, some employers are still hiring. Those employers may think they are in the catbird seat because they may have hundreds of applicants for each position. But a bonanza of applicants is no excuse for shoddy hiring practices. You must make sure they comply with state and federal laws.

New economic stimulus law includes HR-related provisions

02/24/2009

The economic recovery and stimulus bill President Obama signed Feb. 17 features several provisions affecting HR. Most require federal agencies to write new administrative rules, so it’s difficult to predict now exactly how they will work on an everyday basis. Here are some key provisions in the American Recovery and Reinvestment Act.

Preach zero tolerance for any harassment

02/12/2009

Employers are responsible if they know or have reason to know about a hostile work environment created by employees and do nothing to fix it. As a practical matter, what employers hear and see may be just the tip of the iceberg. Smart employers immediately attempt to get the whole picture and then correct the harassing behavior.

Acute but temporary illness isn’t disability

02/12/2009

Don’t jump to the conclusion that, just because a sudden illness or condition requires emergency medical care or even surgery, the employee who falls ill is disabled. The standard ADA test still applies.

Mayors’ forecast: Miami job losses among nation’s worst

02/12/2009

According to a forecast by the U.S. Conference of Mayors, the Miami area will suffer some of the largest job losses in the nation in 2009. Miami is expected to lose about 85,000 jobs this year. The city’s unemployment rate may exceed 10%.