Category Archives: Employment Law

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Google’s Pay Policy: Good? Or Too Good to be True?

In January, the U.S. Department of Labor (“DOL”) brought suit in a San Francisco administrative court against Google, Inc. to require Google, as a federal contractor, to allow the government to inspect Google’s pay records.  While the DOL was demanding various documents regarding employees’ compensation history for compliance purposes, it was clear the underlying reason was the DOL’s suspicion that Google was committing … Continue Reading

Email Restrictions: Good Idea But Don’t Hold Your Breath America

Employers are always looking for ways to improve work-life balance for their employees. The objective, of course, is to reduce employee burnout and turnover, while increasing employee satisfaction, productivity and creativity. Some companies have gone the untraditional route, such as Daimler’s “Mail on Holiday program” which gives employees the option of automatically deleting all incoming … Continue Reading

Data Breaches May Cost Corporations Dearly

Yahoo! has taken several hits in the last six months for failing to protect its users’ electronic information. Its September, 2016 announcement of a massive 2014 data breach that exposed the email addresses and other personally identifiable information (“PII”) of approximately 500 million accountholders derailed its proposed merger with Verizon and sent Yahoo! stock prices … Continue Reading

REGISTRATION OPEN! 27th Annual Labor & Employment Law Seminar

I cannot believe another year has come and gone! We are quickly approaching our 27th Annual Labor & Employment Law Seminar. Join us Friday, May 19th from 8am-4pm at the JW Marriott Marquis Miami as we “Predict the Future” and discuss what awaits employers in 2017. Mark your calendars now because this year’s seminar is not to … Continue Reading

Theft of Confidential Information: Pfizer’s Wiser, Are You?

Did she really think she’d get away with misappropriating 600 files from her former employer by surreptitiously downloading them onto a USB drive?  That’s what a former global marketing executive for Pfizer recently did just before she resigned.  Oh, and she apparently also sent to her personal email account a few dozen emails containing Pfizer’s trade … Continue Reading

Ambushed by Public Records Act Trolls: The Risk of Exposure for Private Companies

It’s Friday, nearly 5 o’clock and you’re getting ready to go home. A stranger appears at your office waiving a copy of the Florida Public Records Act, demanding to see your company’s records. You explain that “this is a private company and not subject to the Public Records Act”. You send him away. The following … Continue Reading

Employee Smart Phones: Smile, Your Meeting is Streaming Live and In Color

Let’s go back to happier times … for Pittsburgh Steelers fans, that is. On January 15, 2017, the Steelers won the AFC Divisional playoff, moving the team to the AFC Championship game against the New England Patriots the following Sunday. (Cue the “Boos”).  The players were elated.  The post-game speech in the locker room from … 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

What’s in YOUR COBRA Notice? Insufficiencies Could Drain Your Wallet

SunTrust Banks learned an expensive lesson about COBRA compliance recently. It was sued for failure to send proper COBRA election notices after employees terminated employment. SunTrust’s agent for COBRA notice purposes, Xerox HR Solutions, actually sent timely COBRA notices to the former employees.  But two former employees/plaintiffs claimed that the notices were legally insufficient and, … Continue Reading

Florida’s Medical Marijuana Constitutional Amendment Takes Effect Today

The Florida Medical Marijuana Legislative Initiative (also known as Amendment 2), passed with 71% of the popular vote on November 8, 2016.  Amendment 2 allows the medical use of marijuana for individuals with certain debilitating medical conditions as determined by a licensed Florida physician.  Because Amendment 2 is silent as to its effective date, under … Continue Reading

Employment Law Changes Likely Ahead

With a new administration, folks in the employment world are anticipating change.  Here are some key issues to keep your eyes on: Salary Test for Certain Overtime Exempt Employees– Expect the DOL to pull back or not enforce new regulations nearly doubling the salary threshold for the “white collar” exemptions to the overtime provisions of … Continue Reading

New Law Widens Insurance Options for Eligible Small Employers

A new law passed by Congress reinstates the ability of eligible small employers to reimburse employee paid premiums to purchase individual health insurance policies. The law reverses the application of huge penalties that would have applied to such reimbursement actions under the IRS’ interpretation of the Affordable Care Act. The new law (the 21st Century … Continue Reading

Warnings for Your Company Holiday Party

It is that time of year again – Holiday Party Season!  What’s a party without alcohol, and what’s a law blog without a curmudgeon preaching moderation and reasonableness? (Paramount Pictures’ 2016 trailer for Office Christmas Party shows just how out of control these parties can get!) We all know the dangers of drinking and driving. Even … Continue Reading

New DOL Overtime Regulations On Hold – Now What????

Late yesterday, a Texas federal Judge issued a nationwide temporary injunction halting the Department of Labor’s (“DOL”) new overtime regulations, which were set to significantly increase the minimum salary required for the executive, administrative and professional overtime exemptions (known as the white collar exemptions). This unexpected ruling prevents the DOL from implementing the new regulations, … Continue Reading

Employees Behaving Badly III: Now What?

This is the second time my post discusses Donald Trump, except now he is President-elect Donald Trump.  Much has been written in the week since his election regarding how his presidency may impact employers.  Overall, the consensus seems to be that established laws such as Title VII and the Americans with Disabilities Act, for example, … Continue Reading

USCIS Releases New Form I-9

The U.S. Citizenship and Immigration Services (USCIS) published the latest version of Form I-9 on November 14. Employers must start using the new Form I-9 by January 22, 2017.  Until January 22, employers can continue to use the version of the Form I-9 dated 03/08/2013 N. According to the USCIS, the new Form I-9 includes … Continue Reading

Non-Compete Agreements Under Fire by the White House?

Not really. On October 25, 2016, the White House issued a call to action urging states to reform their non-compete laws.  The call to action acknowledges that non-compete agreements are appropriate in certain circumstances, (for example, to protect trade secrets), but expressed the view that employers are, in many instances, using non-compete agreements merely as a … Continue Reading
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