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Florida

Take steps to ensure employees aren’t exposed to porn at work

08/11/2008
Perhaps because controlling Internet access to pornographic images isn’t technically difficult, and because word tends to get around pretty quickly if a co-worker is showing porn to co-workers, courts now are clamping down more on employers that don’t do enough to make sure the workplace is not a sexual cesspool …

Prepare thorough record if ‘Star’ employee begins to fall

08/11/2008
Nothing looks worse to a jury than an employer who fires an employee for poor performance after the employee receives stellar performance reviews. That’s why you must make sure supervisors and managers prepare honest evaluations, avoid gushing assessments and stick to objective measures …

Fee for day-Labor transporting must be ‘Reasonable’ cost or $1.50, whichever is lower

08/11/2008
If your organization uses day laborers and arranges for their transportation, make sure it charges them a “reasonable” fee. The current version of the Florida Labor Pool Act (FLPA) limits the one-way transportation charge to no more than $1.50, but you’re not allowed to simply charge that seemingly small amount. You also must be prepared to prove the charge is reasonable …

Before assuming you must accommodate under ADA, evaluate disability and ability

08/11/2008
The ADA requires employers to reasonably accommodate disabled applicants and employees within a tight set of parameters. But an employer only has to offer reasonable accommodations that allow a disabled employee to perform the essential functions of a job. Employers don’t have to create new jobs or restructure jobs to such an extent that essential functions are dropped …

FIU loses discrimination suit

08/11/2008
A Miami-Dade County jury ruled that Florida International University (FIU) discriminated against Sean St. Louis when it fired him in 2004. If the verdict stands, an already cash-strapped FIU will have to pay $2.5 million to St. Louis …

$46.7 million for manager who blew the whistle on age discrimination

08/11/2008
In the midst of a merger that would make it the second-largest waste collection company in the country, Republic Services Inc., based in Fort Lauderdale, has been ordered to pay $46.7 million for wrongfully firing an employee and doctoring company records to justify its actions …

Court rules employers must provide harassment-Free workplace

08/11/2008
Earlier this year, a federal jury in Florida awarded $630,000 to 14 female prison employees who alleged that the state Department of Corrections created a hostile work environment by failing to prevent lewd behavior by male inmates. The court made it very clear that employers must ensure all employees have a harassment-free workplace, regardless of who the harasser is …

Judge upholds gun law as companies duck and cover

08/11/2008
Florida employees may keep guns locked in their cars at work, but customers do not have the same right, Tallahassee U.S. District Judge Robert Hinkle ruled in July. Hinkle upheld most of Florida’s new “guns at work” law, which went into effect July 1, but said it is so poorly written that it’s “stupid.” 

Tell managers: Don’t retaliate against those who complain

07/21/2008
One of the easiest ways to land the company in legal hot water is for a manager to punish someone who complains that she’s being discriminated against. It may turn out—and it often does—that no discrimination took place. Yet even in those cases, some supervisors can’t resist punishing the messenger, thereby turning a minor matter into a major retaliation case …

Tell employee as soon as you make decision to terminate

07/14/2008
Do you let employees know they will lose their jobs as soon as the final decision has been made? Or do you wait until near the effective date? If there’s no other reason for delaying the notification (e.g., you fear the employee will retaliate by destroying records or stealing secrets), tell employees right away. Here’s why …