Author Archives: Site Administrator
What Constitutes as Private Rights of Action Under the Affordable Care Act?
The implementation of the Affordable Care Act (ACA) resulted in amendments to several federal statutes, including the Employee Retirement Income Security Act of 1974. ERISA, created to protect the rights of individuals participating in employee benefit plans, mandates that an employer must fulfill certain requirements if an employer chooses to establish an employee benefits… Read More »
Florida State Law
In Florida, women are now protected against workplace discrimination on the basis of pregnancy. In case no. SC12-2315 (FL, April 17, 2014) Delva v. The Continental Group, Inc., the Florida Supreme Court ruled 6-1 that the 1992 Florida Civil Rights Act, which bars discrimination based on “race, color, religion, sex, national origin, age, handicap,… Read More »
Pregnancy Discrimination Barred Under Florida State Law
In Florida, women are now protected against workplace discrimination on the basis of pregnancy. In case no. SC12-2315 (FL, April 17, 2014) Delva v. The Continental Group, Inc., the Florida Supreme Court ruled 6-1 that the 1992 Florida Civil Rights Act, which bars discrimination based on “race, color, religion, sex, national origin, age, handicap,… Read More »
Eleventh Circuit Update: Severance Agreements and FMLA
In Paylor v. Hartford Fire Ins. Co., (11th Cir. April 8, 2014) the Court affirmed the district court’s decision that the plaintiff’s knowing and voluntary execution of a severance agreement settled claims based on past employer conduct. While the employee claimed she only signed the agreement because her stress level was unmanageable, because she… Read More »
New Regulations for Religious Discrimination
The United States was founded on the premise that all people should have the freedom to practice their chosen religion. Unfortunately, there are many people who still discriminate against others because of their beliefs and behaviors. How is this manifested in the workplace? According to the US Equal Employment Opportunity Commission, or EEOC, “In… Read More »
The Healthy Workplace Bill Update and Workplace Bullying
The Healthy Workplace Bill was originally written in 2001 by Suffolk University professor David Yamada. While it has been introduced to Congress in 26 states, it has yet to pass in a single one. Currently 15 states–Florida, Tennessee, Illinois, Wisconsin and others–have 21 active bills. What is the Healthy Workplace Bill? According to the… Read More »
Not Sure If Your Arbitration Agreement With Your Employer Applies to Your Disputes Against Your Employer? 11th Circuit Says Likely So.
In the case ofMartinez v. Carnival Corp., decided by the 11th Circuit on Feb. 24, 2014, the Court found that when language of an employment agreement requiring arbitration is vague – a finding that the parties contemplated arbitration is not error. The 11thCircuit recognized a federal policy favoring arbitration of labor disputes to require Carnival… Read More »
What is the NLRA and How Does it Protect Employees?
The National Labor Relations Act, “protects the rights of most private-sector employees to join together, with or without a union, to improve their wages and working conditions.” National Labor Relations Board website In 1935, the National Labor Relations Act was passed by Congress to guarantee that employees could organize themselves, bargain as a group, complain… Read More »
What is the Pregnancy Discrimination Act?
Starting a family or adding to one is a joyous time. Bringing a new person into the world is filled with preparations and plans. At the same time life continues to march on with regular work and home obligations. One occurrence that can diminish the delight of the experience is being discriminated against in… Read More »
Support for Florida’s Competitive Workforce Act
Mid-January marked a milestone for support of the Florida bill to prevent discrimination based on sexual orientation. Eleven large Florida employers supported the bill and joined the Florida Business Coalition for a Competitive Workforce which was launched at the time of the announcement. The bill, The Competitive Workforce Act (HB 239/SB 348), according to… Read More »