Ver la versión en español aquí Much publicized court cases in the last several weeks make us wonder whether the federal Health Care Reform law will survive. We leave the answer to that question to the U.S. Supreme Court. For now, employers should adopt the “business as usual” approach and continue to prepare for implementation … 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
Many companies tout themselves as a “flexible workplace.” But what exactly does that mean? Does the company permit employees to have a regular telecommuting schedule or just work from home occasionally? Does the company offer modified start and stop times or compressed workweeks? All of these options and more can be components of a flexible … Continue Reading
The National Labor Relations Board (NLRB) has decided not to seek U.S. Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule. As you may recall, the rule would have required most private sector employers to post a notice notifying employees of their rights under the National Labor Relations … Continue Reading
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
I’m no beer aficionado but every now and then I enjoy a Purple Haze, an American-style wheat beer from a microbrewery just outside of New Orleans. What employers will probably not enjoy is the National Labor Relations Board’s (“Board”) recent ruling, in Specialty Healthcare and Rehabilitation Center of Mobile, making it easier for unions to … 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