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Florida

Worried about ‘Donning and doffing?’ Relax

07/09/2007

The U.S. Supreme Court created a big fuss last year by ruling that time used to put on or remove some work clothes and safety gear outside actual work hours might be compensable time. Many employers changed the way they calculated pay …

Job applications: How to create a legally safe form

07/02/2007

No single federal law governs job applications. Your biggest risk is asking unnecessary questions that run afoul of federal or state laws banning job discrimination on the basis of sex, age, race, religion, national origin or disability. But, done right, your application can be a great tool to communicate important information …

Brawling in the workplace? Investigate and discipline promptly

07/01/2007

While you probably have rules in place that dictate civil behavior in your workplace, you may not have a clear plan for dealing with the aftermath of an actual violent confrontation. You should …

Tell managers: Don’t require employees to speak English

07/01/2007

Warn managers and supervisors: It’s dangerous to demand that employees speak English at work! The EEOC sees restrictive English-only policies as possible national origin discrimination. What’s more, the National Labor Relations Board views such policies as possible unfair labor practices if the restriction limits the ability of employees to discuss work conditions …

‘Spiffs’ don’t count when establishing overtime exemption

07/01/2007

If you have an incentive system in which employees who sell a particular item get an additional set payment—commonly called a “spiff”—on top of other payments for selling the item, you can’t count the spiff as part of the commission …

Business as usual still the rule after employee complains

07/01/2007

Has an employee filed an EEOC discrimination complaint? If so, you should know that his or her attorney has probably encouraged that employee to look for any sign of retaliation—like a lowered performance evaluation, a demotion or closer scrutiny. Often, attorneys want to bolster their clients’ claims with tales of retribution. That doesn’t mean you should change the way you treat the employee …

You don’t necessarily have to pay for pre-Work activities

07/01/2007

Employers have struggled to figure out exactly when they must pay employees for pre-work activities ever since the U. S. Supreme Court decided that the Fair Labor Standards Act requires paying workers for the time they spend putting on protective clothing. It’s not enough to say that the time must be of benefit to the employer …

To be safe, always double-Check supervisor’s allegations

07/01/2007

When it comes to discharging an employee, be careful not to simply accept a supervisor’s opinion of the employee’s performance. If the supervisor is effectively hiding an underlying problem with persons belonging to a protected class and you don’t check for yourself whether the employee deserves to lose the job, you may end up costing the company money …

Injured worker? Proceed with unemployment case

07/01/2007

An employee who is injured at work is generally eligible for workers’ compensation benefits. But if you know the employee has engaged in misconduct that would make him or her ineligible for unemployment compensation, you can discharge the employee anyway and avoid paying both kinds of benefits …

No double recovery under federal and state law

07/01/2007

Good news for government employers: Employees who sue for discrimination under both the federal Title VII of the Civil Rights Act and the Florida Civil Rights Act don’t get to collect double damages …