MEDICAL MARIJUANA SEMINAR: The Dope on Amendment 2’s Effect on Florida’s Workplaces

By Robert Turk and Andrew Rodman on October 22, 2014 Posted in Disability & Leave, Employee Handbooks & Policies

medicalmarijuana copy On November 4, Florida voters will go the polls to vote on a constitutional amendment that would legalize the use of medical marijuana. If the amendment passes, how will that impact Florida workplaces?

Please join us for breakfast in our Miami office on November 10th. We will address important FAQs about how medical marijuana may affect your workplace, including:

Will employers still be allowed to drug test applicants and employees who are using medical marijuana?
How will Medical Review Officers report drug test results for those using medical marijuana?
Will the Americans with Disabilities Act and the Florida Civil Rights Act require accommodations for employees whose disabilities are treated with marijuana?
How will employers address workplace safety issues with employees using medical marijuana?
Will employees be allowed to use medical marijuana during the workday?
When is an employee “under the influence”?
Will there be “reefer madness” at work?
What is the effective date of implementation?

Click here for additional event information. Register for the In-Person Session. Register for the Webinar.

We hope to see you there!

* PLEASE NOTE: IF THE AMENDMENT FAILS TO PASS THEN THE BREAKFAST SEMINAR WILL BE CANCELED AND REGISTRANTS WILL RECEIVE A FULL REFUND.

An EGGcellent Employee Benefit or a Degrading Message?

By Andrew Rodman on October 21, 2014 Posted in Employee Benefits & Compensation

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Surveys are conducted periodically to compile lists of “best employee benefits.” Those lists have included items such as:

free lunch (yes, there is such a thing for some lucky employees);
fully-paid insurance premiums;
gym membership and fitness classes;
flexible schedules, including 4-day workweeks;
telecommuting options;
transportation subsidies;
paid maternity and paternity leave;
unlimited vacation (my colleague Kara Nickel blogged about this a few weeks ago);
tuition reimbursement;
on-site childcare (or even pet care); and
break rooms equipped with large screen televisions, video games, ping pong and billiard tables, etc.

Apple and Facebook may have upped the ante.

USCIS Extends Temporary Protected Status for Honduras and Nicaragua

By Glenn Rissman on October 20, 2014 Posted in Immigration

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Employment Authorization Documents Automatically Extended

The U.S. Citizenship and Immigration Services (USCIS) extended the Temporary Protected Status designation for Honduras and Nicaragua for a period of eighteen (18) months, until July 5, 2016. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries because the country has experienced temporary negative conditions, such as armed conflict or an environmental disaster, that prevent nationals of that country from returning safely or prevent the country from handling their return adequately. There are currently several countries designated for TPS, including El Salvador, Nicaragua, Honduras and Haiti.

Qualifying individuals from Honduras and Nicaragua may re-register for TPS status by filing Form I-821. Applicants can also apply for a new Employment Authorization Document (EAD) by submitting Form I-765. The EADs of Hondurans and Nicaraguans currently in TPS status will be automatically extended for a period of six months, through July 5, 2015. The automatic extension is limited to EADs with an expiration date of January 5, 2015. The EADs must also bear the designation “A-12” or “C-19” on the face of the card under “Category” to qualify for the six month extension. Eventually, qualified individuals will receive new EADs valid to July 5, 2016.

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

By Stearns Weaver Miller on October 15, 2014 Posted in Disability & Leave, Hiring/Termination

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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 time to re-focus on positive behavior. The majority of the time, the five or ten minutes in time-out are constructive: my son emerges with an upbeat attitude and turns his attention to a new activity. The time-out also gives Mom or Dad a chance to reflect on the situation.

This got me thinking – if an employer has an employee who is not performing or behaving satisfactorily and the employer has already tried coaching and other corrective action measures, can the employer have the employee take a time-out? The answer is yes.

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

By Stearns Weaver Miller on October 14, 2014 Posted in Discrimination & Harassment, Hiring/Termination

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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 job applications.

The specific purpose of a job application is to ascertain basic information regarding an applicant’s qualifications and background. The application should be structured to achieve this purpose without requesting potentially discriminatory information which would have little or no bearing upon the applicant’s ability to perform the job.

Back by Popular Demand: “New Mental Disorders Could Lead to Spike in ADA Claims”

By Robert Turk on October 7, 2014 Posted in Disability & Leave, Employment Litigation, Labor Law

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What do forgetfulness, menstrual cramps and temper tantrums have in common? They are all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), a handbook widely used by health care professionals to assess and diagnose mental disorders.

Join us in our Miami office on October 21st beginning at 8 am for the second session in our Labor & Employment breakfast series, “New Mental Disorders Could Lead To Spike in ADA Claims,” presented by Labor & Employment Shareholder Lisa K. Berg.

Lisa will discuss the challenges employers face with the obligation of assessing these new mental disorders and determining whether they constitute a mental disability under the ADA for the particular employee.

Attend in-person session & receive a free 2014 Florida Employment Law Manual! ($115 value)

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

By Stearns Weaver Miller on October 6, 2014 Posted in Disability & Leave, Employee Benefits & Compensation

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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 Richard Branson’s Virgin Group, unlimited vacation is your new reality. Under Virgin’s “non-policy,” employees may take time off – whether a few hours, a few days or longer – at any time, subject to their own determination that their absences will not be disruptive or damaging to their work or to the company.

The Virgin Group is not alone. Netflix, IBM, and Groupon are among the other companies that have adopted unlimited vacation policies. Purposes of these policies include providing a flexible workplace for better work-life balance, encouraging employee productivity and creativity and reducing employee burnout and administrative tasks associated with tracking leave. The policy also is a recruiting tool to attract candidates from competitors with more stringent time off policies and a benefit to retain qualified employees.

Immigration – Vegas Style!

By Glenn Rissman on October 2, 2014 Posted in Immigration

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It is that time of year again. The U.S. Department of State’s Diversity Visa Program opened at noon on October 1 and will close on November 3, also at noon. For those not in the know, the Diversity Visa Program is an annual lottery open to nationals of countries with lower rates of immigration to the United States. A maximum of 55,000 permanent resident visas are set aside for the lucky winners, although 5,000 of those visas are held back for beneficiaries under the Nicaraguan and Central American Relief Act.

While selection is based purely on luck, the Department of State has put in place eligibility requirements. The detailed instructions are found here. In brief:

You or your spouse must have been born in an eligible country.
You need a high school education or the equivalent or two years’ work experience in a select group of occupations.
Enter only once. Multiple entries will be ferreted out and disqualified.
Complete the electronic application at the link below. It is free, so if someone offers to submit the entry for a fee, be wary.
Upload the required digital photographs.
Submit your entry between October 1 and noon, November 3, 2014.

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

By Stearns Weaver Miller on September 26, 2014 Posted in Employment Litigation

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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 operates Applebee’s restaurants in New York, New Jersey, Florida and Georgia. So, why is an agreement designed to avoid court now the subject of a court lawsuit? The language in the Doherty Arbitration Agreement is fairly standard for employers who require employees to arbitrate their employment disputes. Yet, the EEOC says that Doherty’s Arbitration Agreement violates Title VII because it interferes with the employees’ right to file a charge with the EEOC and participate in EEOC proceedings.

The NFL’s Off-The-Field Woes Prompt Refresher on Employees’ Domestic Leave Rights

By Andrew Rodman on September 24, 2014 Posted in Disability & Leave, Legislation & Regulations

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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 a recent article that I wrote for the Daily Business Review, I chose to turn the NFL’s negative publicity into an educational opportunity.

Click here to read my Daily Business Review article for a refresher on an employee’s right to domestic violence leave.