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Florida

Enraged condo owner brandishes gun, terrifies employees

05/12/2008
A 57-year-old resident of a Pompano Beach condominium, enraged by a bill for more than $4,000 in condominium owners’ association fees, barged into the complex’s clubhouse on April 25 and demanded to speak with an employee. Patrick Dellisanti ranted about the bill, then pulled out a handgun …

BJ’s warehouse store settles $100K discrimination suit

05/12/2008
BJ’s Wholesale Club will pay $100,000 to settle an EEOC lawsuit. The manager of the company’s Homestead store, who is Cuban-American, allegedly subjected a black employee and a Puerto Rican employee to numerous racial slurs …

New guns-at-Work law called ‘Boneheaded’

05/12/2008
State Rep. Mary Brandenburg took aim at Florida’s new guns-at-work law. “It’s beyond belief to think it’s essential to have guns at work,” she said after the bill passed the Legislature on a largely party-line vote, 72-42. “This was the most boneheaded bill we’ll pass this session.” …

Here’s a tip: Know law on paying employees who work for tips

05/12/2008
Hundreds of thousands of Floridians rely on tips for part of their incomes. To stay on the right side of wage-and-hour laws, their employers need to understand the somewhat tricky interplay of tip income and the minimum wage …

FMLA entitles you to request proof worker’s parent has serious health condition

04/21/2008
Do you routinely accept employees’ claims they need FMLA time off to care for an elderly parent? If so, consider a new policy. While it may be easier to approve leave than to challenge it, blanket approvals may prove costly in the long run as more and more “sandwich generation” employees find themselves having to care for both their children and their elderly parents …

Good faith is the key to litigation-Proof employment decisions

04/21/2008
Employment decisions don’t have to be perfect—they just have to be based on good faith. That’s good news because it’s a fact that supervisors and managers will make mistakes. What that means: Just because an employee can prove management did something wrong doesn’t guarantee she will win a lawsuit …

Progressive discipline among best ways to beat bias claims

04/14/2008
There’s no law that says employers must use a progressive discipline system—but that’s no reason not to. In fact, using progressive discipline is one of the best ways to fight frivolous discrimination claims …

Justify decisions to thwart retaliation bait & switch

04/14/2008
One of the most popular litigation tactics these days starts with an employee filing a discrimination complaint. Then the employee—and her attorneys—sit back and wait to see what happens. If the employer somehow punishes the employee, the attorneys add a second count to the lawsuit: retaliation …

Pressure to ‘Balance’ staff may show reverse discrimination

04/14/2008
Are you under pressure to make your work force better reflect the racial or ethnic composition of the surrounding community? If so, be aware that manipulating hiring or promotions to achieve that goal at the expense of any particular race may mean a reverse discrimination lawsuit …

Punish offenders to set example that prevents harassment

04/14/2008
When you learn that a supervisor has sexually harassed and punished—or threatened to punish—a subordinate to gain cooperation or for rejecting an advance, send a strong message to all managers and supervisors. Promptly fire the harasser or demote him—or her—out of a supervisory position. Then reinstate the harassed employee …