Tag Archives: employers

You Fire Your HR Manager for Encouraging Employees to Sue. No Problem, right? Think Again.

Imagine this. You hire an HR manager to investigate and resolve internal employee complaints.  You later learn that instead of doing her job, the HR manager is encouraging employees to file Charges of Discrimination and even referring employees to “her” lawyer.  During this time period, the HR manager also files her own Charge. You can … Continue Reading

Competing for Workers: Pay More? Or Pay More Frequently?

Unemployment rates are at historic lows and the economy is booming! That’s good news for business, right? Yes…and no. While low unemployment creates more demand for the goods and services offered by companies, it also means that employers will have to compete for an ever-shrinking pool of workers. This leaves employers with two options: offer … Continue Reading

Nothing to Sneeze at: Chemical Sensitivities, Bed Bugs, Zika and Flu Shots

I recently spoke at the SHRM 2018 Annual Conference & Exposition in Chicago. My topic was  “Health Issues are Nothing to Sneeze at: Chemical Sensitivities, Bed Bugs, Zika and Flu Shots.” SHRM had over 18,000 attendees. It was a great opportunity to discuss some of the legal issues employers face when trying to manage a disease outbreak … Continue Reading

Continuing Work Authorization for Hondurans in Wake of TPS Termination

Following the recent trend, the Department of Homeland Security (DHS) terminated the Temporary Protected Status (TPS) designation for Honduras.  TPS will terminate for qualifying citizens of Honduras on January 5, 2020.  Hondurans currently in TPS status may continue working in the United States through January 5, 2020, if they re-register.… Continue Reading

Covering Summer Interns Under Your Employee Benefit Plans – You Can’t Just Forget About Them

It is prime time of the year for hiring “interns.” They usually are high school, college or even graduate students looking for work experience. Certain interns may be unpaid (the analysis of whether interns must be paid is an important issue but beyond the scope of this blog post). However, many companies provide paid internships. … Continue Reading

Does the EEOC Have Your E-mail Address?

In 2016, the Equal Employment Opportunity Commission (EEOC) implemented Phase I of its Digital Charge System for employers to interact with the EEOC thru a Respondent Portal, and to access and respond to a Charge of Discrimination. If a Charge of Discrimination has been filed against your company, the EEOC now e-mails the Notice of … Continue Reading

Top Takeaways from our Annual Tampa Labor & Employment Law Seminar

Our first Annual Tampa Labor & Employment Law Seminar was a success, with more than 70 attendees! We anticipate growing the seminar in the coming years and will use your feedback to determine future topics and content. Thank you to all who attended. Congratulations to our blog contest winner! You will receive complimentary registration to … Continue Reading

“You’re Too Experienced” – Age Discrimination?

In January 2015, the Equal Employment Opportunity Commission (EEOC) filed a federal lawsuit in Miami, Florida, against Seasons 52, a national restaurant chain.  The EEOC alleged Seasons 52 discriminated against older job applicants at 35 of its restaurants nationwide. During the litigation, the EEOC presented testimony from over 135 applicants that Seasons 52’s hiring managers … Continue Reading

Retaliation Claims: Shield, Sword, or Both?

Did you know that 48.8% of the charges of discrimination filed with the EEOC in the 2017 fiscal year alleged retaliation as a result of employees asserting claims of employment discrimination? In a distant second place were allegations of race discrimination.  In third place: disability discrimination. Employers should expect retaliation claims to continue to lead … Continue Reading

The Department of Labor’s Proposed PAID Program: An Invitation To Turn Yourself In Or To Turn Yourself Inside Out?

Last week, the U.S. Wage and Hour Division (“WHD”) announced that it will soon offer employers the chance to self-report to the WHD and potentially resolve minimum wage and overtime violations. This opportunity will be offered under the new WHD Payroll Audit Independent Determination (“PAID”) program. The employment law community is buzzing with the question: … Continue Reading

Do You Know What Your Employees Really Want?

Yo, I’ll tell you what I want, what I really really want. So, tell me what you want, what you really really want. From “Wannabe” by the Spice Girls Are financial rewards the best way to motivate employees? In employee/employer survey after survey over the last 70 years, there has been a continuing disconnect between … Continue Reading

Baseball’s Winter of Discontent

What can we learn from Major League Baseball’s currently unemployed players? Employee satisfaction has become increasingly important as employees expect fulfillment in their careers (both financially and with work-life balance programs and benefits). Whether unionized or not, it is important to analyze a company’s culture and the industry to consider what motivates employees.… Continue Reading

#MeToo Movement Motivating State AGs to Seek Changes In Federal Law

Last week, the Attorneys General (“AGs”) in each state and U.S. territory all announced their support for ending mandatory arbitration of sexual harassment claims.  They wrote Congress that the “secrecy requirements of arbitration clauses” as applied to sexual harassment claims “disserve the public interest … [by creating] a culture of silence that protects perpetrators at … Continue Reading

Morale Makes Money: How Starbucks Raised The Bar(ista)… Again

Last week, the CEO of Starbucks, Kevin Johnson, announced the ‘Partner and Family Sick Time’ benefits for all of Starbucks’ U.S. employees. Starbucks is giving employees a number of additional perks, including increased wages, stock grants, six-week paid parental leave for non-birth giving parents and five days of paid sick leave per year.  The $250 … Continue Reading

Does Sexual Harassment Training Work?

The New York Times ran an article on December 11, 2017, titled, “Sexual Harassment Training Doesn’t Work. But Some Things Do.” The article describes sexual harassment training as an exercise that consists of “clicking through a PowerPoint, checking a box that you read the employee handbook or attending a mandatory seminar at which someone lectures … Continue Reading

Tax Reform: Confidential Sexual Harassment Settlements Come With a Price

The recently passed tax act promises to have wide ranging impacts on businesses which go beyond the accounting department. There have been attempts by other agencies such as the SEC, EEOC, DOL and NLRB to limit the confidentiality of settlements.  The new tax act follows suit by including a provision which makes confidential payments or settlements … Continue Reading

Restaurants and Hotels: Are We Reaching a “Tipping” Point on Tips?

Florida and federal law allow restaurants and hotels to pay tipped employees minimum wage, less a credit of $3.02 per hour against tips received. Tips can be pooled and then redistributed to those who are in traditionally tipped positions.  However, if an employer wrongly allows non-tipped employees to share in the tips (e.g., supervisors, maintenance, … Continue Reading

Happy Holidays, or is it? Steering Clear of Religious Discrimination and other Landmines during the Holidays!

It’s that time of year again. The holidays are wonderful, but can produce some dicey situations for your HR Department. The holidays mean a lot of things to different people: whether it’s playing dreidel, decorating a Christmas tree, or doing nothing at all. Employers need to be mindful of the variety of different beliefs held … Continue Reading

Retirement Plan Hurricane Relief for Affected Participants

As we all know, Hurricanes Harvey, Irma and Maria severely impacted parts of Texas, the southeastern United States and Puerto Rico causing billions of dollars of damage. To help victims recover, Congress, the IRS, and the Department of Labor have issued special retirement plan relief for employers and participants located in those areas. Employers sponsoring … Continue Reading

Halloween is a Scary Time for Employers

I have always been fascinated when the shy people that I know suddenly become exhibitionists when it comes to donning Halloween costumes. Whether it is a sexy French maid costume from Victoria’s Secret or Captain Underpants® (from the Dreamworks movie), adult costumes have become much edgier. Those costumes are perfectly fine at a private party … Continue Reading
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