Following the extension of Temporary Protected Status (TPS) for certain nationals of Nicaragua and Honduras, the Department of Homeland Security has extended the program for El Salvadorans. Currently, TPS status for qualifying El Salvadoran nationals expires on September 9, 2013. With the extension, Temporary Protected Status for eligible El Salvadoran nationals is extended through March … Continue Reading
We have blogged in the past whether offering back pay and other expenses to a plaintiff in a lawsuit under the Fair Labor Standards Act (FLSA) can “kill” the lawsuit. Some courts have recognized that offering the plaintiff full back pay and expenses makes the lawsuit “moot,” even if the plaintiff rejects the offer. Other … Continue Reading
New Form I-9. The U.S. Citizenship and Immigration Services issued a new Form I-9. USCIS has clarified that employers must start using the new Form I-9 as of May 7, 2013 for new hires. Earlier announcements suggested that employers had until May 8 to use the new form. H-1Bs are gone. Filing season for new … Continue Reading
The U.S. Citizenship and Immigration Services (USCIS) announced that, beginning March 8, 2013, employers must begin using a revised version of the Form I-9 to verify the employment eligibility of new hires. The new form will reflect a revision date (Rev. 03/08/13)N. As of the time of writing, the new Form I-9 was not available … Continue Reading
On February 13, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled that liquidated damages for a retaliation claim under the Fair Labor Standards Act (“FLSA”) are discretionary, and not mandatory. Moore v Appliance Direct, Inc. is the first decision on this issue in the Eleventh Circuit, which also covers Georgia and … Continue Reading
A recent case from the federal court in Orlando provides a reminder that sharing pooled tips too widely could violate the Fair Labor Standards Act and expose the employer for failing to pay the minimum wage. In Rubio v. Fuji Sushi & Teppani, Inc., a former server sued the restaurant where she had worked for … Continue Reading
On December 26, 2012, the Eleventh Circuit, which has jurisdiction over Florida, issued a decision in Miller v. Roche Surety and Casualty Co., Inc. The plaintiff, Danielle Miller, sued her former employer claiming that it violated the Fair Labor Standards Act (“FLSA ) by failing to give her a time and place to express breast … Continue Reading
If you have not watched television or driven on any road lately, you might be surprised to learn that there is a presidential election scheduled for Tuesday, November 6. Well maybe not. This blog focuses on issues that employers should consider during the next few weeks. Florida law does not require employers to give employees … Continue Reading
Effective January 1, 2013, Florida’s minimum wage will increase from the current rate of $7.67 to $7.79 per hour. Each year, the Florida Department of Economic Opportunity must recalculate Florida’s minimum wage based upon the increase in the federal Consumer Price Index for Urban Earners and Clerical Workers in the Southern Region. Based upon the … Continue Reading
Am I the only blogger who has a problem with social media? My twelve year old is addicted to his smart phone and Instagram. I constantly get poked from Facebook users. I read with dismay how administrative law judges interpreting the National Labor Relations Act (NLRA) have invalidated employers’ efforts to place some limits on … Continue Reading
On October 1, the U.S. Citizenship and Immigration Services (USCIS) extended the Temporary Protected Status designation for Haiti for a period of eighteen (18) months, until July 22, 2014. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries because the country has experienced temporary negative conditions, such as … Continue Reading
The Fair Credit Reporting Act (FCRA) is the federal law regulating, among other things, background checks that employers conduct on applicants for employment and employees. Employers who use third parties to provide background reports on employees or potential employees know that they must make certain disclosures before taking any adverse action based in whole or … Continue Reading
The current version of Form I-9, used to verify the identity and work authorization of new employers, will expire on August 31, 2012. The U.S. Citizenship and Immigration Services (USCIS) has advised that employers should continue to use the current Form I-9 even after the OMB control number expiration date of August 31, 2102 has … Continue Reading
The U.S. Supreme Court handed the pharmaceutical industry a huge victory in the battle over whether pharmaceutical sales representatives are entitled to overtime under the Fair Labor Standards Act (“FLSA”). The pharmaceutical industry took the position that its sales representatives were exempt from the FLSA’s overtime requirements as exempt outside salespeople. The sales representatives argued … Continue Reading
In January we blogged about the NLRB’s decision in D.R. Horton, Inc., which said that requiring employees, as a condition of employment, to sign an arbitration agreement barring collective or class actions for employment-related claims violated the law (see NLRB Says Not To Requiring Employees To Sign Arbitration Agreements Prohibiting Group of Class Action). A … Continue Reading
The U.S. Court of Appeals for the District of Columbia Circuit recently let stand a decision of the National Labor Relations Board (NLRB or the Board) on whether a property owner can bar employees of an onsite contractor from distributing union-related handbills on the property. The case, New York-New York, LLC v. NLRB, has been … Continue Reading
On March 27, we posted an entry on the decision of a federal court in Washington, D.C. that some portions of the NLRB’s rule requiring employers to post a “Notice of Employee Rights” are not valid. Under the NLRB’s posting rule, employers are required to make the posting by April 30. The court’s decision is now on … Continue Reading
We have been commenting on the National Labor Relations Board’s (NLRB) recent decisions on the lawfulness of social media policies. An NLRB Administrative Law Judge recently struck down a portion of a company’s social media policy that prohibited employees from commenting on work-related legal matters without the express permission of the company’s legal department. The … Continue Reading
In a recent decision, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled that an employee who was terminated after complaining about the way her employer conducted a sexual harassment investigation did not have a claim for retaliation under Title VII. Brush v. Sears Holdings Corp. is interesting because the plaintiff, Brush, … Continue Reading
A recent case from Florida’s Third District Court of Appeal, Ocean Reef Club, Inc. v. Wilczewski, highlights the importance of employers reporting workplace injuries and illnesses to their workers’ compensation carrier. Although the Third District Court of Appeal has jurisdiction over only Miami-Dade and Monroe Counties, employers throughout the State should take notice. The plaintiffs in … Continue Reading
A federal court in Texas recently rejected the Equal Employment Opportunity Commission’s attempt to bring a Title VII claim on behalf of a worker who claimed she was fired because she wanted to breastfeed at work. Title VII prohibits employers from discriminating on the basis of gender, pregnancy, childbirth, and related medical conditions. The Texas … Continue Reading
The federal appellate court that covers Florida, the Eleventh Circuit, recently decided what lawyers call a case a first impression – a legal issue that has not been previously ruled on by the court. The case is Pereda v. Brookdale Senior Living Communities, Inc., and the issue was whether an employee who is not yet … Continue Reading
On January 11, 2012, the Department of Homeland Security (DHS) published a notice in the Federal Register extending the Temporary Protected Status (TPS) for certain El Salvadoran nationals in the United States. Currently, TPS status for qualifying El Salvadoran nationals expires on March 9, 2012. With the extension, Temporary Protected Status for eligible El Salvadoran … Continue Reading
We have all heard the riddle of whether a tree that falls in a forest with no one present makes a noise. A federal appellate court sitting in Indiana faced a similar question regarding a former employee’s claim for overtime compensation under the Fair Labor Standards Act (FLSA). In the case of Kellar v. Summit … Continue Reading
