Stearns Weaver Miller

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Who Doesn’t Like Non-Competes?

Ver la versión en español aquí Clients sometimes ask, “Which employees should sign non-competition agreements?”   The answer from a growing number of employers seems to be “Everyone” and from employees it seems to be “No One”.  Recent news reports have commented on large retailers requiring that temporary or seasonal workers, stock room clerks and delivery … Continue Reading

EEOC Decides to Peel the “Onionhead” on Religious Discrimination

Ver la versión en español aquí Why would an employer force its employees to tell each other “I love you” or require employees to “thank God for their employment”? According to a lawsuit filed by the EEOC in New York federal court, the owners of United Health Programs of America and Cost Containment Group subscribe … Continue Reading

Forms Over Substance – Fair Credit Reporting Act Authorization Form Litigation

Ver la versión en español aquí Employers rely on background screening as part of the hiring process. Recently, numerous large, well-known employers have been accused of failing to comply with the Fair Credit Reporting Act (“FCRA”). Why is this happening? The issue is the legality of the forms these employers may be using to obtain applicants’ authorizations to collect background … Continue Reading

The 24 Year Journey – Did Absence Make the Heart Grow Fonder?

Ver la versión en español aquí How’s this for news? A.K. Verma, an engineer for the Central Public Works Department (CPWD) in India, was recently fired after last showing up for work in December 1990. Verma left work sick one morning in 1990. He requested leave and then sought an extension of his initial leave. … Continue Reading

A New Year’s Workplace Resolution: Check Out OSHA’s 2015 Recordkeeping /Reporting Changes

Ver la versión en español aquí I wanted to post about something exciting and attention-grabbing to start 2015. What better way than an update on the Occupational Safety and Health Administration (OSHA) recordkeeping requirements, right? Okay, I realize that OSHA and recordkeeping will not generate quite the level of excitement and fascination that I had … Continue Reading

Time-Outs: Can the Strategy Typically Used for Children Also Benefit Your Employees?

Ver la versión en español aquí We have a time-out circle in my house, and from time to time, my preschool-age son visits the circle. Time-outs separate him from whatever undesirable behavior or activity he is engaged in – such as whining, arguing about brushing his teeth or throwing his toys – and give him … Continue Reading

With Hiring on the Rise, Employers Should Review and Update Old Job Applications

Ver la versión en español aquí Earlier this month, the U.S. Bureau of Labor Statistics reported that the unemployment rate dropped to 5.9 percent, the lowest it’s been since July 2008, and employers added 248,000 new jobs to their payrolls. Given the uptick in hiring, it is a good time for employers to review their … Continue Reading

Unlimited Vacation Time from Work: Dream, Reality or Just a Myth?

Ver la versión en español aquí Last month, I wrote a post about one company’s new “Mail on Holiday” program where emails are automatically deleted during an employee’s vacation. What if, in combination with such a program, an employee could have unlimited vacation time? For most employees, it’s a dream. But if you work for … Continue Reading

Mandatory Arbitration Agreement Designed to Avoid Court is Now the Source of an EEOC Lawsuit

Ver la versión en español aquí Mandatory arbitration agreements can reduce litigation. However, for at least one large employer, the arbitration agreement itself has created litigation. Last week, the EEOC sued restaurant franchise operator, Doherty Enterprises, Inc. claiming that the company’s practice of requiring employees to sign a mandatory arbitration agreement violates Title VII. Doherty … Continue Reading

Is Fantasy Football Affecting Your Workplace?

Ver la versión en español aquí The football may be fantasy, but how real is its effect on productivity in your workplace? A recent report by Challenger, Gray & Christmas, Inc., an employment consulting firm, states that fantasy football, with an estimated 31 million working-age participants, may cost employers close to $14 billion. According to … Continue Reading

Intimidation: An Attention-Grabber for Coaching Football, but a Flag for Coaching Employees

Ver la versión en español aquí It’s the most wonderful time of the year … football season! In my house, it’s all football, all the time – college football (Tuesday, Wednesday, Thursday and Saturday), pro football (Sunday, Monday and Thursday), NFL Total Access, ESPN Game Day etc. My husband and I even watched HBO’s “Hard Knocks,” … Continue Reading

California and Non-Compete Agreements – What Can You Do?

Ver la versión en español aquí Since 1872, the California Supreme Court has applied a bright-line mandate holding covenants not to compete invalid and unenforceable, unless the covenant is being sought as a means to protect goodwill in connection with the sale of a business. California’s Business and Professions Code permits an exception to the … Continue Reading

Employees Behaving Badly Part 1: Female Employee Chooses Beauty Over Comfort . . . And Her Job!!

Ver la versión en español aquí Shawna Palmer was going to squeeze her toes into those Jimmy Choos, Manolo Blahniks – fill in the name of any other high end shoe brand – no matter what! After all, there was a beauty pageant title on the line – Miss Toyota Long Beach Grand Prix in … Continue Reading

True Colors – Can Naming a Paint Color Be a Discriminatory Act?

Ver la versión en español aquí Benjamin Moore & Co. is an American paint company. A former Benjamin Moore Manager, Clinton Tucker, alleges that the Company is marketing paints with racially insensitive names – his two names as a matter of fact. Tucker claims that Benjamin Moore’s Clinton Brown and Tucker Chocolate paint colors refer to … Continue Reading

EEOC Shines Spotlight on Employers’ Dress Code Policies That Interfere With Religious Practices

Three cases brought by the Equal Employment Opportunity Commission (“EEOC”) highlight the importance of employers considering religious accommodations for their dress code policies.  Pursuant to the law, a religious accommodation must be made as long as it does not impose an undue hardship to the employer. Two of the cases brought by the EEOC are … Continue Reading

FMLA UPDATE: Proposed Revision to Definition of “Spouse” to Include Same-Sex Spouses, Regardless of Where They Live

On June 20, 2014, the Department of Labor (“DOL”) announced its proposal to change the FMLA’s definition of “spouse”. According to the DOL, the purpose of the proposed change is to “ensure that same-sex couples who have legally married will have consistent FMLA rights regardless of where they live.” Under the current FMLA regulations, employees … Continue Reading

Employers’ Obligations Under Florida’s Medical Marijuana Laws Hazy

Florida Governor Rick Scott signed SB 1030 today.  This law now makes it legal for qualified patients in Florida to take low-THC cannabis in liquid form to treat certain seizure disorders, such as epilepsy and muscle spasms, and for cancer.  While SB 1030 will likely not have a huge impact on day-to-day operations in the … Continue Reading
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