Salary history is one of the most commonly asked questions on employment applications. Knowing what a prospective employee currently earns or what they’ve earned in the past can provide you with valuable information to guide your decision as to whom ultimately to hire: It allows you to determine whether the candidate is in the same salary … Continue Reading
Ver la versión en español aquí It’s time! An employee needs to go. The departure needs to be a clean break with no threat of future litigation. A severance pay agreement, in exchange for a promise to never bring a claim against the company or speak ill of the company, looks like a good idea. … Continue Reading
With Hurricane Matthew expected to hit the east coast this week, Floridians are stocking up on water, batteries, gas, and canned food. It’s important to be prepared and plan ahead for your home and family. For those in Human Resources, it is also a good time to plan ahead for what happens with employees’ pay … Continue Reading
Ver la versión en español aquí The “Cat’s Paw” doctrine describes the situation where an employer may be liable for employment decisions based on the discriminatory animus of an employee who influenced — but who did not make — an employment decision. The phrase comes from an Aesop fable where a conniving monkey convinces a … Continue Reading
The U.S. Department of Labor (DOL) recently published two updated workplace posters: Federal Minimum Wage poster, and Employee Polygraph Protection Act (EPPA) poster. (Note: Federal, state or local governments are exempt from the EPPA so no poster is required for these employers) The posters have been visually redesigned and includes a QR Code, which when … Continue Reading
Ver la versión en español aquí In today’s legal world, a very small number of lawsuits are litigated through trial, with less than 2% ever materializing into trial. Although for many clients that is good news (since trial can become very expensive very quickly), other clients want their day in court. However, trial isn’t the … Continue Reading
Your employee, Debbie Deadbeat, doesn’t pay her debts and gets slapped with a judgment. Before you know it, a process server comes to your office and serves you with a continuing writ of garnishment of Debbie’s salary and wages. First: What is a Writ? Second: What should you do about it? A Writ is essentially … Continue Reading
Ver la versión en español aquí A year ago, Gravity Payments CEO Dan Price announced plans to raise the salary of every employee to $70,000 by 2017, even entry level staffers. In order to help offset the increased labor costs, Price announced his intention to lower his own salary from $1,000,000+ to $70,000 (he apparently … Continue Reading
Ver la versión en español aquí For years, employers have looked for ways to implement a one-size-fits-all paperless (all electronic) pay system for paying employees’ wages. While direct deposit is a good option, there are very few states that allow an employer to implement direct deposit if an employee does not agree. Florida is not … Continue Reading
Ver la versión en español aquí The Wage and Hour Division of the U.S. Department of Labor (DOL) has been busy with the Family and Medical Leave Act (FMLA) this week! New FMLA Poster There is a new FMLA General Notice, aka FMLA poster: Employee Rights Under The Family and Medical Leave Act. The substantive … Continue Reading
Ver la versión en español aquí Transgender Status and the Bathroom Question With North Carolina recently passing a state law which requires a transgender person to use the restroom that matches their sex at birth, the question many Floridians are asking now is: If a person is transgender, or has a gender identity or expression different … Continue Reading
Ver la versión en español aquí I am not a fan of reality TV. However, in this reality TV election season, it is hard to tear my eyes (and ears) away from the barbs being exchanged primarily between the Republican candidates. Whether you support him or not, you have to admit that Donald Trump says things … Continue Reading
Ver la versión en español aquí Not long ago, we blogged about social media as a blessing and a curse for employers. On the one hand, social media helps businesses market products and services; on the other, social media provides employees with an easily-accessible platform to draw negative attention to the business. To prevent (or minimize) … Continue Reading
Ver la versión en español aquí As we become increasingly more mobile, telecommuting programs are among the fastest growing benefit for employees. While the term “work from home” may trigger visions of a 24-year-old with a laptop at a Starbucks, the typical telecommuter is actually a 49-year old college graduate. Having an endless supply of … Continue Reading
Ver la versión en español aquí If you ring in the New Year with a list of new year’s resolutions, chances are, your business should, too. For those who prefer to learn from others’ mistakes before they become their own, here is one simple resolution to put at the top of your HR Team’s list … Continue Reading
Ver la versión en español aquí Betty’s at the dinner table with family, talking about her day, savoring her mashed potatoes when . . . flash—the phone lights up. Work e-mail. She reads it, steps away from the table, and starts drafting a response. Fifteen minutes later, she fires it off and returns to the … Continue Reading
Ver la versión en español aquí As I was recently working on my Christmas “to do” list while singing along to “Santa Claus is Coming to Town,” the lyrics “He’s making a list, and checking it twice, Gonna find out whose naughty or nice,” reminded me that December is not only the holiday season, but is … Continue Reading
Employees are taking back Thanksgiving!!! What impact will that have on your business if the trend continues? Is the trend driven by a return to more traditional values surrounding the Thanksgiving holiday or is it just plain good business sense? Employers are asking themselves these questions ever since Recreational Equipment, Inc., otherwise known as “REI,” … Continue Reading
Employers in Australia may be scrambling to update their social media and anti-bullying policies in light of a finding by the Fair Work Commission (FWC), Australia’s national workplace relations tribunal, that Facebook “unfriending” may constitute workplace bullying. The FWC was tasked with analyzing whether Rachael Roberts — a real estate agent sales administrator — was … Continue Reading
Ver la versión en español aquí Recently, I had occasion to watch Season 1 of the Netflix series, Marco Polo. The plot is based on the 13th century Mongolian Empire. However, to an employment lawyer, it all seems like a page out of an employment law primer. The main protagonist (read, disgruntled employee), Marco Polo, … Continue Reading
Ver la versión en español aquí For the past several weeks, the country has been enthralled by the controversy surrounding Rowan County, Kentucky Clerk Kim Davis, who spent five days in jail after she refused to comply with a federal court’s directive to issue marriage licenses to same-sex couples. Davis, an Apostolic Christian, says that … Continue Reading
Ver la versión en español aquí Picture this. You suspect an employee (Slick Fingers) has been stealing in the workplace for weeks. Today, multiple witnesses approach you and say they have witnessed Slick taking money from the cash register. You feel inspired by the four episodes of the “First 48” you watched the night before … Continue Reading
Ver la versión en español aquí For those of us in South Florida, we just braved the first few weeks of school and the associated traffic congestion. Now we have to prepare for Tropical Storm Erika, potentially Hurricane Erika? While we will know more about the storm’s path on late Friday and early Saturday, it is … Continue Reading
Ver la versión en español aquí “There’s no such thing as bad publicity.” (This quote is often associated with Phineas T. Barnum, the 19th century circus owner.) Really? Tell that to Amazon. Amazon, which recently surpassed Walmart as the most valuable retailer in the country, has been all over the news recently, but not entirely … Continue Reading
