Andrew Rodman

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Spoiler Alert: Court Plunges Dagger In Heart Of Obama-Era Overtime Regs, Setting Stage For Season II Fireworks

Wow, this has been one crazy roller coaster ride. Season 1 of this overtime soap opera kicked-off with President Obama directing the Secretary of Labor to “modernize and streamline” the “white collar” FLSA exemptions. In May 2016, the DOL published revised regulations that increased the exempt salary threshold from $455 per week ($23,600 annually) to … Continue Reading

Did A Florida Appellate Court Just “Dis” An Employment Agreement’s Arbitration Provision?

Is it prudent for employers to require employees to sign mandatory arbitration agreements? There is no right or wrong answer to that question . . . just a long list of pros and cons.  Proponents of mandatory arbitration often focus on factors such as confidentiality, the ability to remove the risk of a “runaway jury,” … Continue Reading

Another Attempt To Pass Private Sector Comp-Time Legislation

As the fate of the Department of Labor’s revised overtime regulations remains in limbo as a result of a nationwide injunction (currently on appeal) issued in November 2016, Congress now has chimed-in on wage and hour issues potentially impacting non-exempt employees.  This week, the House of Representatives passed The Working Families Flexibility Act (“the Bill”), … Continue Reading

Class Action Waivers: Will The Supreme Court Successfully Realign The Litigation Galaxy?

Finally. The wait is almost over. The U.S. Supreme Court will decide whether an employer may enforce a mandatory arbitration agreement that contains a class action or collective action waiver. Last Friday, the Supreme Court agreed to hear 3 cases stemming from the NLRB’s 2012 decision in D.R. Horton, in which the NLRB held that … Continue Reading

Words Matter: Preparing For A Reduction In Force

A few weeks ago, four former Hewlett-Packard employees between the ages of 52 and 63 filed a class action lawsuit in California alleging that HP engaged in age discrimination, and terminated their employment, in connection with a paring-down and restructuring of its workforce. HP has denied the allegations of discrimination, stating that, “[t]he decision to implement … Continue Reading

Is “Paid Leave” on Florida’s Horizon?

Did you watch the Democratic presidential debate on October 13, 2015? If so, you heard the candidates make many promises, among them paid family leave. True, we already have the FMLA, but it only requires unpaid leave, it only applies to employers with 50 or more employees, and it only applies to employees who have … Continue Reading

Breast Pumps, Depositions, and Politicians

According to Elizabeth Beck, a Florida attorney who deposed Donald Trump in 2011 in connection with a real estate project, Mr. Trump erupted when she requested a break in the deposition so she could pump breast milk: “He got up, his face got red, he shook his finger at me, and he screamed, ‘You’re disgusting, … Continue Reading

Who Needs Congress When We Have The EEOC?

Legislative efforts have failed repeatedly at the federal level to add “sexual orientation” and “gender identity” to the list of protected classifications under anti-discrimination laws. That has not deterred the EEOC in its quest to protect the LGBT community from employment discrimination. On the heels of the Supreme Court’s historic decision in Obergefell on June … Continue Reading

OMG! Your Policy Says What?

Title VII, through the Pregnancy Discrimination Act (PDA), has expressly prohibited pregnancy discrimination since 1978. Thirteen years later, the Supreme Court, in Johnson Controls, told us that even well-intentioned, but facially discriminatory, gender and pregnancy based employment policies — like Johnson Control’s policy of prohibiting fertile women from working on a battery line because of … Continue Reading

Proving Emotional Harm: Using One’s “Head”

Stress. Anxiety. Paranoia. Anger. Fear. Depression. Angst. These are the types of words you would expect to hear from a plaintiff seeking compensatory damages (damages for alleged pain and suffering) in a discrimination or harassment case. How does a plaintiff prove the existence of pain and suffering? Often times, a plaintiff simply takes the stand … Continue Reading

Common ¢ent$, Glass Ceilings, and a 9-Year Old Girl

Women may not yet have achieved equality in the corporate boardroom, but women have broken through the glass ceiling to take-on the CEO position in a handful of the largest U.S. companies, including General Motors (Mary Barra), Xerox (Ursula Burns), Yahoo! (Marissa Mayer), Hewlett-Packard (Meg Whitman), PepsiCo (Indra Nooyi), IBM (Virginia Rometty), Lockheed Martin (Marillyn … Continue Reading

Same-Sex FMLA Coverage: Where You Were Married, Not Where You Live

Effective March 27, 2015, the FMLA’s definition of “spouse” will expand to include an FMLA-eligible employee in a lawful same-sex or common law marriage, even if the marriage is not recognized in the state in which the employee lives or works. This change will provide all legally married couples (opposite-sex, same-sex, or married under common … Continue Reading

6 Words That Cost An NBA Star $25,000

Another sports blunder creates another blogging opportunity. In the 3rd quarter of the Los Angeles Clippers/Cleveland Cavaliers NBA game last Thursday night, the Clippers’ All-Star guard, Chris Paul, received a technical foul after he questioned a rookie referee. The referee happened to be a female, Lauren Holtkamp. Do you see where this is headed? In … Continue Reading

MEDICAL MARIJUANA SEMINAR: The Dope on Amendment 2’s Effect on Florida’s Workplaces

On November 4, Florida voters will go the polls to vote on a constitutional amendment that would legalize the use of medical marijuana. If the amendment passes, how will that impact Florida workplaces? Please join us for breakfast in our Miami office on November 10th. We will address important FAQs about how medical marijuana may affect … Continue Reading

An EGGcellent Employee Benefit or a Degrading Message?

Surveys are conducted periodically to compile lists of “best employee benefits.” Those lists have included items such as: free lunch (yes, there is such a thing for some lucky employees); fully-paid insurance premiums; gym membership and fitness classes; flexible schedules, including 4-day workweeks; telecommuting options; transportation subsidies; paid maternity and paternity leave; unlimited vacation (my … Continue Reading

The NFL’s Off-The-Field Woes Prompt Refresher On Employees’ Domestic Leave Rights

The NFL season is underway, but the sound of fan euphoria has been drowned out by daily reports of reprehensible off-the-field conduct, including domestic violence. Unfortunately, it frequently takes a high-profile incident (or in this case, a series of incidents) to bring important societal issues to the forefront. In a recent article that I wrote … Continue Reading

Bathroom Breaks & Decreased Productivity #HoldItIn2WinAPrize

Employers have fairly wide discretion in terms of developing work rules designed to increase productivity and decrease time spent “slacking off.” But, if you believe the reports, one Chicago-based company may have gone too far. Apparently, WaterSaver Faucet Company has been experiencing a decrease in employee productivity. The perceived root of the problem? Excessive bathroom … Continue Reading

The Wage & Hour Battle Rages On

Over the last several months, President Obama has continued his push to revamp the nation’s minimum wage and overtime laws. He has faced an uphill battle. In a Presidential Memorandum dated March 13, 2014, President Obama directed the Department of Labor to “propose revisions to modernize and streamline the existing overtime regulations” under the Fair … Continue Reading
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