Ver la versión en español aquí. A prior BeLabor the Point posting discussed the US Supreme Court’s re-calibration of what is considered to be an actionable harm under federal anti-discrimination laws in the 2024 opinion in Muldrow v. City of St. Louis. As a follow up to that article, we conducted a survey of where … Continue Reading
Ver la versión en español aquí Prior to 2020, the National Labor Relations Board (NLRB) took a three-pronged approach to analyzing whether vulgar, threatening, or offensive speech by employees fell inside or outside of the protections of section 7 of the National Labor Relations Act (NLRA). As we discussed at our recent breakfast seminar, depending … Continue Reading
Ver la versión en español aquí. Employers are regularly having to grapple with how and when to give their employees leave when their employees are expecting a child. Unfortunately, the Family Medical Leave Act (FMLA) does not always provide the clearest answer as to when employers are obligated to provide employees with protected leave. However, … Continue Reading
Ver la versión en español aquí. In January 2021, I made several “way too early” pre-season predictions about then president-elect Joe Biden’s agenda regarding labor and employment. High on President Biden’s wish list was the Protect the Right to Organize Act (“PRO”), which would substantially strengthen labor law to the advantage of employees and unions. … Continue Reading
Ver la versión en español aquí. In the midst of the Great Resignation, you would think employers would put forth the extra effort to accommodate employees (and to comply with the law). Yet, last week, the EEOC announced a settlement in a religious discrimination case in which the employer, an Amazon delivery partner, terminated an employee … Continue Reading
Ver la versión en español aquí On November 18, 2021, Florida Governor Ron DeSantis signed HB 1B into law, which creates Fla. Stat. 381.00317 and imposes new limitations on private employers’ ability to mandate COVID-19 vaccinations in the workplace. The law is effective immediately, and now Florida employers must adapt. Here is what you need … Continue Reading
Ver la versión en español aquí The first time I heard the term “sex addiction” was in 2010, when Tiger Woods announced to the public that he would be stepping away from the PGA Tour to attend rehab. The announcement shook the sports world and sparked a conversation about an addiction that seemed to only … Continue Reading
Ver la versión en español aquí With approximately 3.6 billon people expressing themselves using social media platforms such as Facebook, Twitter, LinkedIn, YouTube, Instagram, and most recently, TikTok, employers have to ask themselves some important questions regarding their employees’ usage of these applications. Should employers set boundaries as to what they will or will not … Continue Reading
Ver la versión en español aquí Most businesses in this country (and the world, for that matter) remain hobbled as a result of the COVID-19 pandemic. (Amazon is the exception. Another notable exception is Peloton, the exercise bike maker, which is glowing in its 172% surge in total revenue, with gains in subscribers and demand … Continue Reading
Ver la versión en español aquí This sentiment is perfect for a Kenny Chesney summer concert. Now it looks like the NLRB and the EEOC can “get along”, and at the same time make it easier for employers to appropriately discipline employees who engage in unacceptable behavior, even if that behavior occurs during otherwise “protected” … Continue Reading
Ver la versión en español aquí When the first transgender discrimination case reached the U.S. Supreme Court, Chief Justice Roberts asked, “What do we do about bathrooms?” Now, The Supreme Court has been asked the question: Does Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination at work, apply to discrimination … Continue Reading
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
Ver la versión en español aquí What do gourmet popcorn, a lunch buffet, and the Dating Game have in common? They were all a part of our Annual Labor & Employment Law Seminars in Tampa and Miami. For those of you who need a refresher or weren’t able to join us, we’ve included our top … Continue Reading
29th Annual Miami Labor and Employment Law Seminar Friday, May 17 | 8am-4:15pm | Hard Rock Stadium 2nd Annual Tampa Labor and Employment Law Seminar Friday, May 10 | 8am-4pm | Tampa Bay History Center Our annual seminars draw hundreds of human resource professionals, in-house counsel and senior executives from Florida’s top businesses. And for good reason! … Continue Reading
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
Ver la versión en español aquí Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you enjoyed the day and that our presentations provided timely, relevant and valuable insight. Congratulations to our blog contest winners! You will receive complimentary registrations to our 2019 Seminar. Monelle Petgrave, Amadeus … Continue Reading
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
Ver la versión en español aquí On November 8, 2016, Florida voters approved the medical use of marijuana for individuals with certain debilitating medical conditions. The effective date was January 3, 2017. However, to date, Florida has done nothing to address how employers are to treat employees who will be prescribed marijuana for their disabilities. One … Continue Reading
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
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
Ver la versión en español aquí A few weeks ago, four former Hewlett-Packard employees between the ages of 52 and 63 filed a class action lawsuit in California alleging that HP engaged in age discrimination, and terminated their employment, in connection with a paring-down and restructuring of its workforce. HP has denied the allegations of discrimination, … Continue Reading
Ver la versión en español aquí In today’s legal world, a very small number of lawsuits are litigated through trial, with less than 2% ever materializing into trial. Although for many clients that is good news (since trial can become very expensive very quickly), other clients want their day in court. However, trial isn’t the … Continue Reading
Ver la versión en español aquí “I‘m in Competition with Myself and Losing.” – Roger Waters Agreements restricting employees’ ability to compete against their employers are commonplace in the American workplace. They serve as an effective means by which employers can protect their legitimate business interests in, among other things, their customer relationships, their trade … Continue Reading
Your employee, Debbie Deadbeat, doesn’t pay her debts and gets slapped with a judgment. Before you know it, a process server comes to your office and serves you with a continuing writ of garnishment of Debbie’s salary and wages. First: What is a Writ? Second: What should you do about it? A Writ is essentially … Continue Reading
