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
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
Ver la versión en español aquí On June 26, 2015, the United States Supreme Court held in Obergefell v. Hodges, that the Fourteenth Amendment to the United States Constitution “requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex … Continue Reading
Ver la versión en español aquí I have good news for you! The U.S. Department of Labor has finally released revised notices and forms for use with employee leaves under the Family and Medical Leave Act. More good news: the new docs have a new expiration date – May 31, 2018. The revised notices/forms include … Continue Reading
Ver la versión en español aquí Two hours at the gym, a full face of make-up and your best feel-good outfit: that’s how many a girls’ night out begins. But this one ended abruptly when a young woman claims she was turned away from a bar whose owner thought she was pregnant. Last month, a … Continue Reading
Ver la versión en español aquí Our 25th Annual Labor & Employment Law Seminar is a wrap. Wow, 25 years goes by in the blink of an eye! Each year, our seminar continues to grow. Thank you to the attendees who have been with us from the beginning and the newcomers who attended for their first time this year. With over … Continue Reading
Ver la versión en español aquí I was on my high school track team. My favorite race was the 100-yard dash. I distinctly remember practicing how to spring quickly out of the starting line blocks when the gun fired. The faster I jumped out of the blocks, the greater the odds of winning. This image came to mind when I met last week with the Regional Director of the National Labor Relations Board (the “NLRB”) for Region 12. Region 12 … Continue Reading
Ver la versión en español aquí The latest development in the H-2B saga came yesterday. The federal district court at the heart of the controversy decided to temporarily stay its order that had vacated the U.S. Department of Labor’s 2008 H-2B regulations. The court stayed its decision through April 15. The court did not have … Continue Reading
Ver la versión en español aquí Effective March 27, 2015, the FMLA’s definition of “spouse” will expand to include an FMLA-eligible employee in a lawful same-sex or common law marriage, even if the marriage is not recognized in the state in which the employee lives or works. This change will provide all legally married couples … Continue Reading
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
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
Ver la versión en español aquí Lots of people make New Year’s resolutions: to lose weight, quit smoking, stop procrastinating, and so on. With a week left in this very eventful year for employers, now is a great time to look back at the year we’ve had with an eye toward the challenges and concerns … Continue Reading
Ver la versión en español aquí Effective January 1, 2015, Florida’s minimum wage will increase from the current rate of $7.93 to $8.05 per hour. Each year, the Florida Department of Economic Opportunity must recalculate Florida’s minimum wage based upon the increase in the federal Consumer Price Index for Urban Earners and Clerical Workers in … Continue Reading
Ver la versión en español aquí The NFL season is underway, but the sound of fan euphoria has been drowned out by daily reports of reprehensible off-the-field conduct, including domestic violence. Unfortunately, it frequently takes a high-profile incident (or in this case, a series of incidents) to bring important societal issues to the forefront. In … Continue Reading
Ver la versión en español aquí As promised in a previous post, if you were unable to attend the annual seminar in May or attended but need a quick refresher, a few of our most popular sessions are back for encore presentations at our Miami office. Our first session, “New Claim on the Horizon: Family Responsibilities … Continue Reading
Ver la versión en español aquí The Florida Information Protection Act went into effect on July 1. The law imposes notification requirements on any business that acquires, maintains, stores or uses personal information when that business suffers a breach of security, i.e., unauthorized access of data in electronic form containing personal information. The statute’s definition … Continue Reading
Ver la versión en español aquí Many employees enjoy working for employers who “do good” in the world. Making money is important but not the sole concern. Many companies and their employees are involved in charities. However, a growing number of employers are making a profit while also focusing on social and environmental concerns. We think … Continue Reading
Ver la versión en español aquí Title VII and Pregnancy Discrimination Act could protect breastfeeding mothers at work Some women do it in the break room. Other women do it in their office. What about men? Well, they never do it. Pump breast milk, that is. Employers have had the last four years to get … Continue Reading
Ver la versión en español aquí Over the last several months, President Obama has continued his push to revamp the nation’s minimum wage and overtime laws. He has faced an uphill battle. In a Presidential Memorandum dated March 13, 2014, President Obama directed the Department of Labor to “propose revisions to modernize and streamline the … Continue Reading
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
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
Ver la versión en español aquí “Comprenden sus empleados las políticas de empleo?” If you did not understand that, take notice of a recent decision by a federal court judge. In the case, an employee sued his former employer for alleged unpaid wages. When the employee began his employment, he signed an agreement stating he … Continue Reading
It is prime time of the year for hiring “interns.” With the Affordable Care Act’s “pay or play” rules scheduled to go into full swing next year for large companies (50+ employees), employers have to know how to treat interns. The federal tax code imposes special taxes on large employers if their employees receive premium … Continue Reading
Ver la versión en español aquí The City of Hot Springs, Arkansas, found itself in hot water after not rehiring employee Wayne Jackson following his leave under the Family and Medical Leave Act (FMLA). Jackson had surgery and went on leave in January 2010. After using his 9 weeks of sick leave, he took 12 … Continue Reading
