It is that time of year again and time for the obligatory “get ready for hurricane season” blog posting. Fortunately, it has been a while since we had to run through the hurricane drill. Let’s hope our string of good fortune continues and there is no need to gas up the generators or empty the shelves … Continue Reading
On December 26, 2012, the Eleventh Circuit, which has jurisdiction over Florida, issued a decision in Miller v. Roche Surety and Casualty Co., Inc. The plaintiff, Danielle Miller, sued her former employer claiming that it violated the Fair Labor Standards Act (“FLSA ) by failing to give her a time and place to express breast … Continue Reading
If you have not watched television or driven on any road lately, you might be surprised to learn that there is a presidential election scheduled for Tuesday, November 6. Well maybe not. This blog focuses on issues that employers should consider during the next few weeks. Florida law does not require employers to give employees … Continue Reading
The U.S. Supreme Court handed the pharmaceutical industry a huge victory in the battle over whether pharmaceutical sales representatives are entitled to overtime under the Fair Labor Standards Act (“FLSA”). The pharmaceutical industry took the position that its sales representatives were exempt from the FLSA’s overtime requirements as exempt outside salespeople. The sales representatives argued … Continue Reading
In January we blogged about the NLRB’s decision in D.R. Horton, Inc., which said that requiring employees, as a condition of employment, to sign an arbitration agreement barring collective or class actions for employment-related claims violated the law (see NLRB Says Not To Requiring Employees To Sign Arbitration Agreements Prohibiting Group of Class Action). In … Continue Reading
A federal court in Texas recently rejected the Equal Employment Opportunity Commission’s attempt to bring a Title VII claim on behalf of a worker who claimed she was fired because she wanted to breastfeed at work. Title VII prohibits employers from discriminating on the basis of gender, pregnancy, childbirth, and related medical conditions. The Texas … Continue Reading
We have all heard the riddle of whether a tree that falls in a forest with no one present makes a noise. A federal appellate court sitting in Indiana faced a similar question regarding a former employee’s claim for overtime compensation under the Fair Labor Standards Act (FLSA). In the case of Kellar v. Summit … Continue Reading
