Tag Archives: retaliation

Two Turks are better than one!

Ver la versión en español aquí We are pleased to welcome attorney Stephanie Turk to our Labor & Employment Law group in Miami.  Yes, she is my daughter-in-law. Stephanie brings experience in both Employment Litigation and Employment Counseling. On the litigation side, Stephanie defends employers in a variety of employment matters including discrimination, retaliation, wage and hour, … Continue Reading

“5 Tips to Help Avoid Employment Lawsuits” Key Takeaways

Ver la versión en español aquí Last week, I had the pleasure of presenting at the Coral Gables Chamber of Commerce’s IMPACT Series: A Seminar Series for Small Business. The audience was comprised of business and human resources professionals across several sectors. For those of you who were not able to attend the presentation, I … Continue Reading

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

Ver la versión en español aquí 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 … Continue Reading

Retaliation Claims: Shield, Sword, or Both?

Ver la versión en español aquí 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 … Continue Reading

Headline News! HR Tips to Curb Harassment and Discrimination

Ver la versión en español aquí While several well-known corporate executives, movie stars, government officials and other high profile people have been facing sexual harassment claims in recent weeks (and the list seems to increase daily), the issue is most assuredly not limited to those in the public eye.  All employers are wise to use … Continue Reading

EEOC Wellness Plan Controversy: All’s Well That Ends Well?

Ver la versión en español aquí Earlier this month, the EEOC and Orion Energy Systems settled a case pending in a Wisconsin federal court in which the EEOC alleged that the company’s wellness plan violated the Americans with Disabilities Act (ADA). This case goes back to the spring of 2009 when an employee was forced … Continue Reading

Employer’s Honest Mistake Bests FMLA Retaliation Claim

We all know that honesty is the best policy but what about an honest mistake?  Can an honest mistake save you from liability in a retaliation lawsuit under the Family and Medical Leave Act (FMLA)? Just last month, federal appeals court in Pennsylvania said – Yes. In Capps v. Mondelez Global, LLC, the federal 3rd … Continue Reading

Warnings for Your Company Holiday Party

Ver la versión en español aquí It is that time of year again – Holiday Party Season!  What’s a party without alcohol, and what’s a law blog without a curmudgeon preaching moderation and reasonableness? (Paramount Pictures’ 2016 trailer for Office Christmas Party shows just how out of control these parties can get!) We all know the … Continue Reading

Federal Court Gets Cat Scratch Fever

Ver la versión en español aquí  The “Cat’s Paw” doctrine describes the situation where an employer may be liable for employment decisions based on the discriminatory animus of an employee who influenced — but who did not make — an employment decision.  The phrase comes from an Aesop fable where a conniving monkey convinces a … Continue Reading

Top Takeaways from Our 26th Annual Labor & Employment Law Seminar

Ver la versión en español aquí With over 400 attendees from more than 200 employers, our 26th Annual Labor & Employment Law Seminar was a huge success! Thank you for allowing us to keep you “on Track”. For the first time this year, following our morning sessions, attendees were able to choose from our “high-speed” track designed for … Continue Reading

What You Need to Know About a New Federal Law to Protect Trade Secrets

Ver la versión en español aquí And people say Congress and the White House can’t agree on anything. Last week, by a vote of 410-2, the US House of Representatives passed the Defend Trade Secrets Act.  The Act will become law.  It has already been unanimously approved by the Senate and President Obama has indicated he will … Continue Reading

When You Really Have to Go, Do You Ever Think About It?

Ver la versión en español aquí Transgender Status and the Bathroom Question With North Carolina recently passing a state law which requires a transgender person to use the restroom that matches their sex at birth, the question many Floridians are asking now is: If a person is transgender, or has a gender identity or expression different … Continue Reading

Beer & French Fries – The Perfect Game Day Snack or Important HR Reminders?

Ver la versión en español aquí It may be 2015 but sexual harassment and religious discrimination are alive and well. Just ask the potato packers at Smokin’ Spuds, Inc. and the beer truckers at Star Transport. The EEOC just announced successful resolutions in cases against these companies. Perhaps more interesting than the spuds and the … Continue Reading

Intimidation: An Attention-Grabber for Coaching Football, but a Flag for Coaching Employees

Ver la versión en español aquí It’s the most wonderful time of the year … football season! In my house, it’s all football, all the time – college football (Tuesday, Wednesday, Thursday and Saturday), pro football (Sunday, Monday and Thursday), NFL Total Access, ESPN Game Day etc. My husband and I even watched HBO’s “Hard Knocks,” … Continue Reading

True Colors – Can Naming a Paint Color Be a Discriminatory Act?

Ver la versión en español aquí Benjamin Moore & Co. is an American paint company. A former Benjamin Moore Manager, Clinton Tucker, alleges that the Company is marketing paints with racially insensitive names – his two names as a matter of fact. Tucker claims that Benjamin Moore’s Clinton Brown and Tucker Chocolate paint colors refer to … Continue Reading

Takeaway Lessons from One Employer’s Loss on FMLA Retaliation Claim

Ver la versión en español aquí The City of Hot Springs, Arkansas, found itself in hot water after not rehiring employee Wayne Jackson following his leave under the Family and Medical Leave Act (FMLA). Jackson had surgery and went on leave in January 2010. After using his 9 weeks of sick leave, he took 12 … Continue Reading

A Busy Week at the Supreme Court – Three Important Decisions for Employers

In the past few days, the United States Supreme Court has issued three decisions that significantly impact employment law. We offer a brief summary of the Court’s decisions and how they impact employers. American Express v. Italian Colors. The case was not an employment law case and dealt with the less-than-sexy issue of arbitration clauses. … Continue Reading

Eleventh Circuit Holds Liquidated Damages Discretionary for FLSA Retaliation

On February 13, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled that liquidated damages for a retaliation claim under the Fair Labor Standards Act (“FLSA”) are discretionary, and not mandatory. Moore v Appliance Direct, Inc. is the first decision on this issue in the Eleventh Circuit, which also covers Georgia and … Continue Reading

Eleventh Circuit Rules on Breastfeeding Breaks Under the FLSA

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
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