Author Archives: Site Administrator
NLRB Protects Facebook Posting
The overwhelming popularity of Facebook has meant that what was once “social” media has now spilled over into the professional world and now has legal implications related to employers and employees. Keeping abreast of rulings in this realm is critical for employers to ensure their practices are in line with case law. NLRB Protects… Read More »
4 Innovative Trends in Employee Benefits
In today’s business environment, cash is not enough to recruit and retain quality employees. Providing an attractive employee benefits plan is also critical. The Society for Human Resource Management’s annual Employee Benefits Survey released in June found that employers are redirecting more of their spending toward wellness expenses such as health coaches, smoking cessation… Read More »
What You Need to Know About Federal Minimum Wage
While today’s society seems fast-paced and dynamic, at least one thing has remained constant- minimum wage. It has been five years since the federal minimum wage was raised. On July 24, 2009, as the result of the last in a series of increased passed by a Democratic-controlled Congress, the wage floor was raised from… Read More »
EEOC Update: Pregnancy Discrimination
On July 14, the U.S. Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Pregnancy Discrimination and Related Issues along with a question and answer document about the guidance and a Fact Sheet for Small Businesses. This marks the first comprehensive update on the subject of discrimination against pregnant workers since the 1983 publication… Read More »
How to Become a Benefit Corporation in Florida
Thanks to the recently enacted Benefit Corporation Law, Florida for-profit companies committed to social good now have the option to incorporate as “benefit corporations”. This new legal status provides protections for board members from investor suits and signals investors and consumers that a company is committed to societal benefit programs. Benefit corporation designations allows… Read More »
FAQ: Restoring Overtime Pay for Working Americans Act
What is the Restoring Overtime Pay for Working American Act? According to the text of the bill (as of 6/18/14), the Restoring Overtime Pay for Working Americans Act is intended “to amend the Fair Labor Standards Act of 1938 (FLSA) to establish salary thresholds for and limitations on executive, administrative, and professional employees and… Read More »
11th Circuit Court Holds Employer Must Show More Than the Safety Concern is Well-Grounded
In Booth, et al. v. Pasco Cty., FL, et al. (July 3, 2014), emergency-service workers brought claims against the County and union alleging retaliation pursuant to Title VII and the Florida Civil Rights Act. During employment, Plaintiff Booth filed a grievance against his supervisor, and named Plaintiff Brown as a witness. Booth was previously warned… Read More »
Employer’s Decision to Not Employ Truck Driver with Alcoholism is No Violation of ADA
In Jarvela v. Crete Carrier Corp (June 2014), the 11th Circuit addressed an employee’s, Sakera Jarvela, appeal of summary judgment in favor of the employer, Crete Carrier Corp, regarding Jarvela’s claims of violations under the ADA and FMLA due to his termination. Sakera Jarvela, a commercial truck driver suffered from alcoholism. Jarvela’s employer had… Read More »
Employee’s Testimony Constitutes Protected Activity
Brannon, et. al. v. Finklestein (June 2014) involved an appeal of granting summary judgment in favor of the employer as to Brannon’s claims of retaliation for his constitutionally protected testimony about a state judge. Brannon was employed as a forensic psychologist for the Broward County Public Defender’s office, working for the Public Defender, Finklestein…. Read More »
Speech on Behalf of Union Protected Under First Amendment
Hubbard v. Clayton Co. Sch. Dist., et. al. (June 27, 2014) involves a former School District employee’s appeal of summary judgment in favor of the District. Hubbard claimed retaliation in violation of First Amendment rights due to his public statements regarding an accreditation investigation of the School District. When employed, Hubbard was scheduled to… Read More »