Stearns Weaver Miller

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The Writ (and Wisdom) of Wage Garnishments

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

You Want to Raise the Minimum Wage to WHAT?!?!

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

Payperless Paydays – Paycards: A Good Alternative to Direct Deposit?

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

When You Really Have to Go, Do You Ever Think About It?

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

Employees Behaving Badly II: Did He Really Say That?

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

Law Would Ban Florida Employers from “E-Stalking”

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

Chopping Down Workplace Cherry Trees

Ver la versión en español aquí We all recall the myth of George Washington and the Cherry Tree.  Washington told his father that he could not tell a lie and that he had in fact tried to chop down his father’s cherry tree. His father then praised young George and embraced him for his honesty.  … Continue Reading

Telecommuting: Perk or Problem?

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

Background Check Forms: One-Liners That Can Cost Your Business Millions in 2016

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

Granting Non-Exempt Workers After-Hour Access to Company’s E-mail System: Are You E-mailing Your Way to a Wage and Hour Lawsuit?

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

Are Your Employees Naughty or Nice?

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!!!

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

Facebook “Unfriending” – A Form of Workplace Bullying?

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

Beer & French Fries – The Perfect Game Day Snack or Important HR Reminders?

Ver la versión en español aquí It may be 2015 but sexual harassment and religious discrimination are alive and well. Just ask the potato packers at Smokin’ Spuds, Inc. and the beer truckers at Star Transport. The EEOC just announced successful resolutions in cases against these companies. Perhaps more interesting than the spuds and the … Continue Reading

The Pros and Khans of Good Workplace Management

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

Why Kentucky Clerk Kim Davis Wasn’t Fired

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

Miranda Rights in the Workplace? Not Quite, but Meet His Cousin Weingarten

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

How Does Time Off Due to a Hurricane Affect Your Employees’ Pay?

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

“No Jerk” Workplace Policies Pay Off

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

Sacked by a Cell Phone: Tom Brady and the Peril of Destroying Evidence

Ver la versión en español aquí Why is the Tom Brady saga referred to as “Deflategate”?  As many know, the penchant for adding the suffix “gate” to any scandal stems from the infamous 1972 break-in at the Democratic National Committee’s headquarters at the Watergate office complex and the Nixon Administration’s efforts to cover up its … Continue Reading

D.C. Circuit Takes No Prisoners: Rebukes NLRB Decision Declaring “Common Sense Sometimes Matters”

Ver la versión en español aquí “Common sense sometimes matters in resolving legal disputes.” That’s how the D.C. Circuit began its opinion reversing a widely publicized 2011 decision by the NLRB finding that AT&T Connecticut had committed an unfair labor practice when it banned AT&T employees from wearing “Prisoner” shirts to the homes of customers. … Continue Reading

Horrible Bosses: Makes for a Great Movie, but Not a Disability

Ver la versión en español aquí In the movie Horrible Bosses, three friends conspire to murder their bosses when they realize they are standing in the way of their happiness. While most employees would not take it to that extreme (hopefully!), conflicts between employees and their superiors occur. Recently, in Higgins-Williams v. Sutter Medical Foundation, … Continue Reading

DOL’s Proposal Will Require More “White Collar” Employees to Be Paid Overtime

Ver la versión en español aquí The U.S. Department of Labor (“DOL”) recently proposed substantial changes to the salary amounts for the FLSA’s white collar exemptions. This is the first proposed change since 2004. The DOL took this action in response to a March 2014 directive from President Obama to “modernize and streamline” the regulations … Continue Reading
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