Category Archives: Discrimination & Harassment

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Twitter, TikTok, and Termination: Navigating Employees’ Social Media Usage

Ver la versión en español aquí With approximately 3.6 billon people expressing themselves using social media platforms such as Facebook, Twitter, LinkedIn, YouTube, Instagram, and most recently, TikTok, employers have to ask themselves some important questions regarding their employees’ usage of these applications.  Should employers set boundaries as to what they will or will not … Continue Reading

Black Lives Matter Apparel At Work – Legal, Business and Social Considerations

Ver la versión en español aquí The Black Lives Matter (“BLM”) movement has sparked significant emotion in the past few months.  As the NBA restarts the season, TV viewers will see the phrase emblazoned on the courts and on some players’ jerseys.  What you won’t see on TV are the large employers which have faced … Continue Reading

Why Can’t We All Just Get Along?

Ver la versión en español aquí This sentiment is perfect for a Kenny Chesney summer concert.  Now it looks like the NLRB and the EEOC can “get along”, and at the same time make it easier for employers to appropriately discipline employees who engage in unacceptable behavior, even if that behavior occurs during otherwise “protected” … Continue Reading

Even Stuck at Home, Humans are Still the Best Recruiters

Ver la versión en español aquí COVID-19 has thrown a wrench into every employer’s near-term plans. While many companies have temporarily shut down, and many others have put hiring on hold, some employers will have to kickstart their hiring efforts as the economy begins to reopen. Data shows that the stay-at-home economy created a surge … Continue Reading

POSTPONED: Annual Labor & Employment Law Seminars

Dear Clients and Friends, These words just came out of my mouth, “I have extra toilet paper I can trade for some rice.”  Yesterday, I wore gloves, a face mask and carried homemade alcohol wipes in order to go food shopping. How the world has changed in one month! So this will not come as … Continue Reading

Coronavirus Disease 2019 (COVID-19): What Employers Need to Know

Statistics Updated October 27, 2020. On February 11, 2020, the World Health Organization (WHO) announced an official name for the disease that is causing the novel coronavirus outbreak, first identified in Wuhan China.  The name of this disease is coronavirus disease 2019, abbreviated COVID-19. On March 11, 2020, the WHO declared the COVID-19 outbreak as a … Continue Reading

Employment Laws Percolating Through the Florida Legislature

Ver la versión en español aquí 2020 Session is upon us and there are some interesting labor and employment bills percolating through the Florida Legislature. Here are few particularly notable bills that caught our eye: Minimum Wage Minimum wage is a frequent flier in the Florida Legislature and 2020 is no exception. One pending bill … Continue Reading

LGBTQ Rights in Employment: Does it Boil Down to the “Bathroom Use” Question Again?

Ver la versión en español aquí When the first transgender discrimination case reached the U.S. Supreme Court, Chief Justice Roberts asked, “What do we do about bathrooms?” Now, The Supreme Court has been asked the question: Does Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination at work, apply to discrimination … Continue Reading

Strict Enforcement of Non-Negotiable Employment Policies: A Few Horror Stories

Ver la versión en español aquí While having well written policies and procedures for employees is very important, these policies and procedures cannot cover every situation. Employers need to retain some flexibility. Non-negotiable rules can violate employment laws and result in very expensive claims. How expensive?… Continue Reading

“5 Tips to Help Avoid Employment Lawsuits” Key Takeaways

Ver la versión en español aquí Last week, I had the pleasure of presenting at the Coral Gables Chamber of Commerce’s IMPACT Series: A Seminar Series for Small Business. The audience was comprised of business and human resources professionals across several sectors. For those of you who were not able to attend the presentation, I … Continue Reading

Religious Discrimination: Gone Today, Hair Tomorrow

Ver la versión en español aquí As an update to this post from April, New York recently became the second state to prohibit race discrimination based on hair bias. The bill, signed into law on July 12: Prohibits race discrimination based on natural hair or hairstyles; defines “race” for certain specific purposes to include, but … Continue Reading

Grooming Standards: No Longer So “Hair-Larious”

Ver la versión en español aquí After seeing several players’ hair covering their jersey numbers during a performance of the Star Spangled Banner, former New York Yankees’ owner, George Steinbrenner, instructed the players to cut their hair. It was then, in 1973, that the New York Yankees’ grooming policy was born.  The official team policy … Continue Reading

Dave & Buster’s Settlement – Busted! But Not So Fast….

Ver la versión en español aquí The Dave & Buster’s restaurant chain recently settled a class action lawsuit claiming it violated ERISA’s “discrimination” rules by reducing hours of various employees to cause them to lose eligibility for the company’s group health plan. After over three years of litigation in the Southern District of New York … Continue Reading

Tips For Having a (Hopefully) Happy Office Holiday Party

With the New Year right around the corner, office holiday parties are in full swing. While many enjoy celebrating the season, these festivities can sometimes turn into an HR disaster. To help ensure your celebrations are jolly, check out my tips on planning a fun, festive and inclusive holiday party here. Wishing you all a safe, happy … Continue Reading

Employers Need To Deny This Employee Request: “Please Don’t Tell Anyone, But My Supervisor . . .”

Ver la versión en español aquí HR folks – Have you ever had an employee tell you that he or she is being unlawfully harassed by a co-worker, but then begged you to keep the complaint confidential? Most often, employees ask their employers not to investigate their concerns because of embarrassment or fear of retribution.  … Continue Reading

Is Your Office Halloween Party Frightening The HR Department?

Halloween office parties can be very scary- HR folks need to be particularly wary. Provocative costumes are a big “no no”; Policy violators may receive the heave ho.   I guess my feeble attempt at poetry left some folks howling at the moon. Halloween is just two days away, which means we’re all one inappropriate … Continue Reading

You Fire Your HR Manager for Encouraging Employees to Sue. No Problem, right? Think Again.

Ver la versión en español aquí Imagine this. You hire an HR manager to investigate and resolve internal employee complaints.  You later learn that instead of doing her job, the HR manager is encouraging employees to file Charges of Discrimination and even referring employees to “her” lawyer.  During this time period, the HR manager also … Continue Reading

“You’re Too Experienced” – Age Discrimination?

Ver la versión en español aquí In January 2015, the Equal Employment Opportunity Commission (EEOC) filed a federal lawsuit in Miami, Florida, against Seasons 52, a national restaurant chain.  The EEOC alleged Seasons 52 discriminated against older job applicants at 35 of its restaurants nationwide. During the litigation, the EEOC presented testimony from over 135 … Continue Reading

Top Takeaways from Our 28th Annual Labor & Employment Law Seminar

Ver la versión en español aquí Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you enjoyed the day and that our presentations provided timely, relevant and valuable insight. Congratulations to our blog contest winners! You will receive complimentary registrations to our 2019 Seminar. Monelle Petgrave, Amadeus … Continue Reading

Retaliation Claims: Shield, Sword, or Both?

Ver la versión en español aquí Did you know that 48.8% of the charges of discrimination filed with the EEOC in the 2017 fiscal year alleged retaliation as a result of employees asserting claims of employment discrimination? In a distant second place were allegations of race discrimination.  In third place: disability discrimination. Employers should expect … Continue Reading
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