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Remind Us Not to Post On Moving Targets!

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

By The Numbers: How Working Moms & Dads Compare in Salary and Job Satisfaction has released its “Mother’s Day Survey” comparing working moms and dads in categories such as salary, title, and job satisfaction. The conclusion: “While salary data indicates that female breadwinners may have a tougher time making ends meet, working moms in general tend to be happier in their jobs.” The study was conducted between February … Continue Reading

Two Decisions About Arbitration Agreements Florida Employers Should Note

Florida’s Supreme Court and the federal appeals court covering Florida recently issued opinions regarding the enforceability of arbitration agreements.  The federal court opinion said that an arbitration agreement waiving an employee’s ability to bring a collection action under the Fair Labor Standards Act (“FLSA”) is enforceable.  The state court opinion said that an arbitration provision … Continue Reading

NLRB Judge Nixes Part of Hospital’s Code of Conduct

A National Labor Relations Board  (NLRB) administrative law judge recently found two code of conduct rules that prohibited comments exceeding “the bounds of fair criticism” and behavior that  “is counter to promoting teamwork” violated the National Labor Relations Act (NLRA).   Click here for copy of the case.  The case arose after the William Beaumont  Hospital terminated … Continue Reading

Hand Scanning and Religious Discrimination

While we would never disparage anyone’s sincerely held religious beliefs, we did not see this one coming.  The Equal Employment Opportunity Commission (EEOC) recently filed suit in federal court in West Virginia claiming that the use of a hand scanning time clock violated an employee’s rights under Title VII of the Civil Rights Act of … Continue Reading

FMLA Update: Leave Available to Care for an Adult Child

The Family Medical Leave Act (“FMLA”) provides eligible employees up to 12 weeks of unpaid, job-protected leave to care for a “son or daughter” with a serious health condition.  According to the regulations implementing the FMLA, “son or daughter” includes a minor child and a child “who is 18 years or older and incapable of … Continue Reading

EEOC Updates Enforcement Guidance on Use of Arrest and Conviction Records in Employment Decisions

The Equal Employment Opportunity Commission (“EEOC”) issued updated enforcement guidance in light of recent court decisions on the use of arrest and conviction records in making employment decisions.  The EEOC Enforcement Guidance can be found here.  The guidance is not binding on employers but the EEOC will be enforcing Title VII with the guidance in … Continue Reading

Failure to Notify Carrier of Workers’ Comp Injury Could Foreclose Employer’s Defenses in Subsequent Law Suit

A recent case from Florida’s Third District Court of Appeal, Ocean Reef Club, Inc. v. Wilczewski, highlights the importance of employers reporting workplace injuries and illnesses to their workers’ compensation carrier.  Although the Third District Court of Appeal has jurisdiction over only Miami-Dade and Monroe Counties, employers throughout the State should take notice. The plaintiffs in … Continue Reading

Despite Court Ruling Striking Several Key Provisions, Employers Must Still Post NLRB Notification of Employee Rights By April 30

A federal district court in Washington, D.C. has recently said that certain provisions of the National Labor Relations Board’s “Notification of Employee Rights” rule, which most employers are required to post by April 30, are not valid [for information about the rule, see our blog posts, The NLRB, Again, Postpones Notice-Posting Rule Until April 30, … Continue Reading

NLRB Issues Final Rule Requiring Posting of Notice to Employees

On August 25, 2011, the National Labor Relations Board (NLRB) issued a Final Rule that requires employers subject to the NLRB’s jurisdiction (union and nonunion) to post a notice notifying employees of their rights under the National Labor Relations Act.  The notice, which must be posted by November 14, 2011, will inform employees of their … Continue Reading