On Tuesday, a federal court judge in New York ruled that Fox Searchlight Pictures violated federal and state wage laws by not paying production interns. The production interns, Eric Glatt and Alexander Footman, worked on the psychological thriller “Black Swan” performing work such as reconciling purchase orders and invoices, drafting cover letters, filing, making copies, arranging … Continue Reading
In August 2011, we blogged about the amendments to the unemployment compensation statutes, which included a new definition of misconduct (see Florida Employers Get Immediate Unemployment Compensation Relief). The definition of misconduct is: A violation of an employer’s rule, unless the claimant can demonstrate that: He or she did not know, and could not reasonably … Continue Reading
The Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled on Monday that Broward County’s wellness program, which required employees to undergo a biometric screening and fill out a health assessment questionnaire, did not violate the Americans with Disabilities Act (“ADA”). The ADA generally prohibits medical examinations and disability-related inquiries unless job-related and … Continue Reading
The U.S. Supreme Court handed the pharmaceutical industry a huge victory in the battle over whether pharmaceutical sales representatives are entitled to overtime under the Fair Labor Standards Act (“FLSA”). The pharmaceutical industry took the position that its sales representatives were exempt from the FLSA’s overtime requirements as exempt outside salespeople. The sales representatives argued … Continue Reading
In the third of three recent wage and hour class actions brought by unpaid interns against media and entertainment companies (Wang v. The Hearst Corp. and Glatt and Footman v. Fox Searchlight Pictures, Inc.), a former unpaid intern for the “The Charlie Rose Show” has sued Charles Rose and his production company on behalf of all interns … Continue Reading
On January 3, 2012, the National Labor Relations Board (NLRB) ruled in D.R. Horton, Inc., that requiring employees, as a condition of employment, to sign an arbitration agreement prohibiting them from filing collective or class actions for employment-related claims violates the law. The decision involved an overtime case brought by Michael Cuda against his employer, … Continue Reading
We have all heard the riddle of whether a tree that falls in a forest with no one present makes a noise. A federal appellate court sitting in Indiana faced a similar question regarding a former employee’s claim for overtime compensation under the Fair Labor Standards Act (FLSA). In the case of Kellar v. Summit … Continue Reading
Florida’s unemployment compensation law was substantially changed this summer. This is good news for Florida employers. So what are the changes employers should cheer? (1) Misconduct has been redefined. It is harder for terminated employees to get unemployment compensation. Under the new law, misconduct is now defined as any action that demonstrates “conscious disregard of an … Continue Reading
A Florida appellate court, in Rivera v. Fla. Unemployment Appeals Commission and Pollo Operations, Inc., has directed Florida’s unemployment agency to give unemployment benefits to a woman who voluntarily quit her job. The woman, Nail Rivera, worked at Pollo Tropical restaurant for nine years when she complained that an assistant manager touched her buttocks. Ms. Rivera … Continue Reading
