On August 26, our colleague Lisa Berg posted an article on the National Labor Relations Board’s (NLRB) new rule requiring employees (union and non-union) to post a notice informing employees of their rights under the National Labor Relations Act, including the right to organize a union, form, join, or assist a union, bargain collectively, discuss … Continue Reading
On September 20, we posted, Was Dionne The FLSA Magic Bullet We Thought?, which discussed recent cases under the Fair Labor Standards Act (FLSA) where the employer tried to moot the lawsuit by tendering the back pay and liquidated damages claimed by the former employee. As a refresher, in Dionne v. Floormasters Enterprises, Inc., the … Continue Reading
On November 4, the U.S. Citizenship and Immigration Services (USCIS) extended the Temporary Protected Status designation for Honduras and Nicaragua for a period of eighteen (18) months, until July 5, 2013. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries because the country has experienced temporary negative conditions, … Continue Reading
On October 25, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that it has launched a new Employment Authorization Document (EAD) with enhanced features to strengthen security and deter fraud. The goal of the new EAD is to deter counterfeiting, obstruct tampering, and facilitate quick and accurate authentication of the EAD. USCIS began issuing … Continue Reading
Effective January 1, 2012, Florida’s minimum wage will increase from the current rate of $7.31 to $7.67 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
On August 26, our colleague Lisa Berg posted an article on the National Labor Relation Board’s (NLRB) new rule requiring employees (union and non-union) to post a notice informing employees of their rights under the National Labor Relations Act, including the right to organize a union, form, join, or assist a union, bargain collectively, discuss … Continue Reading
Ever have stage fright when having to urinate in a public toilet? Can’t offer a sample for that employment-related drug test? The Americans with Disabilities Act (ADA) may protect such a condition and require the employer to offer a reasonable accommodation. The Equal Employment Opportunity Commission (EEOC or Commission) recently issued an Opinion Letter on … Continue Reading
The Department of State recently announced that it will begin accepting electronically submitted applications for the 2013 Diversity Immigrant Visa Lottery between noon, Eastern Daylight Time on October 4, 2011, and noon, Eastern Daylight Time on November 5, 2011. The Diversity Immigrant Visa Program provides 50,000 visas each year to nationals of countries that have … Continue Reading
Has the Eleventh Circuit Court Appeals provided employers with a means to resolve a Fair Labor Standards Act (FLSA) lawsuit quickly and avoid paying attorneys’ fees or has the plaintiffs bar already revised its litigation strategy? The federal appeals court with jurisdiction over Florida, Georgia, and Alabama recently denied attorneys’ fees to a plaintiff suing … Continue Reading
On September 8, the Occupational Safety and Health Administration (OSHA) issued a Directive with general enforcement policies and procedures for field offices when conducting inspections relating to workplace violence. The Directive focuses not only on the steps to be taken in response to an incident of workplace violence but the factors OSHA will consider when … Continue Reading
A recent decision from a federal court in Tennessee affirmed an administrative decision awarding more than $1 million in back pay to H-1B physician employees of several clinics owned by Mohan Kutty. The decision is Kutty v. Department of Labor. Kutty is a physician who operated clinics in Tennessee and Florida. He hired several foreign … Continue Reading
On his first day in office as Florida’s governor, Rick Scott signed Executive Order 11-02, mandating that state agencies under the direction of the governor to use the federal government’s E-Verify system to verify the work authorization and identity of all current employees and new hires. The Executive Order also required that all agencies under … Continue Reading
The Eleventh Circuit Court of Appeals recently issued a decision addressing an employer’s requirements under the Employee Polygraph Protection Act of 1988 (EPPA). The decision, Cummings v. Washington Mutual, is the first in recent memory from a court with jurisdiction over Florida. Before discussing the case, we provide a quick refresher on EPPA. Generally, the … Continue Reading
For years, Oprah Winfrey has asked guests to sign a pledge promising not to text while driving. The Occupational Safety & Health Administration (OSHA) has taken up the calling. OSHA has dedicated an entire portion of its website to Distracted Driving and is encouraging employers to help solve the problem of texting while driving. According … Continue Reading
The Fair Credit Reporting Act (FCRA), the federal statute that places limits on an employer’s ability to use background checks on employees and potential hires, will soon add a new requirement. Employers’ use of background checks, and credit history checks in particular, has come under scrutiny. The Equal Employment Opportunity Commission has pursued disparate impact … Continue Reading
Tennessee and Alabama joined the growing list of states requiring certain employers within the state to use E-Verify when hiring new workers. The Alabama law broad implications for individuals who are unlawfully present in the United States. Below, we will highlight the aspects of the statutes that impact employers doing business in Tennessee and … Continue Reading
For the second time this year, the USCIS has published an updated version of its Form I-9 Handbook for Employers. The most recent version of the Handbook can be accessed through the USCIS’s I-9 Central HERE (Click on the picture of the I-9 Handbook for employers in the right hand column). Earlier in June, the … Continue Reading
