Author Archives: Site Administrator
11th Circuit Holds an Employee Must Show They Are Disabled
Wetherbee v. Southern Nuclear Operating Co. (June 2014) involves a prospective employee’s appeal of the district court’s granting of summary judgment regarding claims of discrimination under the Americans with Disabilities Act, § 12112(d)(3)(C), and alleged misuse of information obtained during a medical evaluation. Previously, the 11th Circuit affirmed in part the district court’s grant of summary judgment in… Read More »
NLRB Recess Appointments Deemed Unconstitutional By Supreme Court
The Supreme Court’s recent decision in NLRB vs. Noel Canning declared President Obama’s “recess” appointments to the National Labor Relations Board unconstitutional, thus calling into question hundreds of rulings resolving workplace disputes decided by the illegal appointees. What was the case? Noel Canning, a bottling company that distributes Pepsi products in Yakima, Wash., was… Read More »
President Obama Moves to End LGBT Workplace Discrimination
President Obama has directed his staff to draft an executive order that would ban workplace discrimination against LGBT employees of federal contractors. The action would build upon existing protections, which generally prohibit federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. This move… Read More »
Working Families Summit FAQ
What was the Working Families Summit? On June 23, 2014, the White House Council on Women and Girls, the Department of Labor (DOL), and the Center for American Progress (CAP) hosted The White House Summit on Working Families to focus on strengthening the nation’s workplaces to better support working families, boost businesses’ bottom lines,… Read More »
Joint-Employer Standard Could Expand NLRB’s Reach
On May 12, 2014, the National Labor Relations Board (NLRB) solicited amicus briefs regarding a potential modification to the Board’s 30-year-old joint-employer standard. The Democratic majority on the board has made it clear that it intends to vigorously defend the rights afforded to employees under the National Labor Relations Act (NLRA) which they believe… Read More »
What Employment and Labor Laws Apply to Flexible Work Schedules?
The benefits of introducing a flexible work schedule may be alluring for both companies and employees, but business owners would be well advised to consider the underlying legal issues of this modern day work hour alternative before pulling the trigger. While Federal labor laws do not address flextime directly, flexible work schedules are affected by the Fair Labor… Read More »
Eleventh Circuit Recognizes Pattern of Workplace Discrimination for Discrimination Claims
Barthelus v. G4S Government Solutions, Inc. ___ F. 3d ___ (11th Cir. May 27, 2014) Barthelus v. G4S Government Solutions, Inc. involved a former employee’s claims of discrimination and retaliation, brought pro se by former employee, Barthelus, who is black Haitian, against his former employer, G4S. In the lawsuit, Barthelus claimed he was discriminated… Read More »
Workplace Sexual Harassment and #YesAllWomen
In direct response to the Isla Vista shootings, where a disgruntled man killed six people and wounded 13 others before turning the gun on himself, a powerful Twitter movement was born. In the weeks leading up to his rampage, the shooter posted a series of angry and misogynistic YouTube videos as well as a… Read More »
7 Ways to Make Your Small Business Green
It isn’t always easy being green…or at least that’s what it may feel like for small business owners. However, the key to success lies in leveraging one of your company’s greatest strengths–your employees. Rather than taking complete ownership of the “going green” process, share the initiative with the entire company. By involving the team,… Read More »
10 Essentials for Starting a New Business in Palm Beach County
At the root of every new business is a good idea. But if that’s all you come equipped with, you will be sorely underprepared for today’s marketplace and all that it demands. To ensure your arsenal is full, be sure to address these 10 essentials for starting a new business in Palm Beach County.