Got Labor Pains: The Blog
No “Mulligan” for Employers: How Binding Arbitration Agreements Can Cut Both Ways
Many Florida businesses require employees to agree to arbitration employment disputes as a condition of employment. However, as the 11th Circuit recently affirmed, when an arbitration provision requires arbitration as the final decisionmaker for disputes – both the employer and employee will be stuck with an arbitrator’s outcome. While arbitration is often viewed as… Read More »
“You Are Being Too Emotional Because of Your Condition!” How Florida Employers Can Avoid Facing a Pregnancy Discrimination Lawsuit
Federal law protects workers from pregnancy-based discrimination. For Florida employers, the message is simple: You cannot fire, demote, reassign, discipline or in any way disfavor a worker because they are pregnant. Additionally, if a worker does complain about pregnancy-related discrimination, you cannot engage in any retaliatory act against them. If you do, then your… Read More »
Can a Sales Truck Be a Regular “Place of Business”? Department of Labor Weighs-in On Application of Outside Sales Exemption to Mobile Workers
As you probably know, Florida employers are required to pay most of their employees a certain minimum wage as well as overtime pay when applicable. But many types of employees are considered “exempt” from these rules. One such exempt group is “outside sales” employees. The U.S. Department of Labor defines an outside sales employee… Read More »
No Pretext for Illegal Discrimination: How Florida Businesses Can Protect Themselves Against Baseless Accusations
Florida employers need to carefully document key employment-related decisions, such as when and how to promote certain employees. It is far too easy to fall into a trap where a disgruntled employee turns around and files a lawsuit alleging illegal discrimination when they have been denied a promotion. Under federal law, an employer can… Read More »
Can Employers Discipline “Abusive Conduct” Even When It Involves Employee Organizing? NLRB Reverses Course on Key Test for Assessing Workplace Speech
Florida employers often face conflicting legal obligations. For example, an employer must not engage in conduct that interferes with the rights of their employees under the National Labor Relations Act (NLRA) to unionize or join together to advocate for better working conditions. At the same time, if employees engage in “abusive conduct,” the employer… Read More »
You Cannot Fire Your Way Out of a Sexual Harassment Complaint: Tampa Business Owner Faces Federal Lawsuit Over Former Truck Driver’s Allegations
There are two misconceptions that some Florida business owners may have regarding sexual harassment. The first is that it is only a problem if the victim of the harassment is female. The second is that you can “take care of” a harassment issue by firing the employee who complains about it. Neither of these… Read More »
Do I Have to Count My Employees’ Christmas Bonuses Towards Overtime? How the Fair Labor Standards Act Defines a Worker’s “Regular Rate” of Pay
Under the Fair Labor Standards Act (FLSA), a non-exempt employee is entitled to overtime compensation if they work more than 40 hours in a given workweek. Overtime pay must be at least 150 percent of the employee’s “regular rate” of pay. The regular rate of pay is calculated based on “all remuneration for employment… Read More »
“Don’t Complain or We Might Get Sued!” Why Florida Employers Need to Avoid Discouraging Employees from Voicing Concerns About Workplace Discrimination
Florida employers need to exercise care when dealing with employees who have alleged illegal discrimination in the workplace. Even if the allegations of discrimination prove to be unfounded, you cannot punish the employee who initially made the complaint. Such acts of “retaliation” are also illegal. Of course, you can still discipline or fire an… Read More »
Accommodating Pregnant Employees: How Florida Businesses Can Get Into Trouble for Treating Employees Facing “Similar” Medical Restrictions Differently
Federal law prohibits Florida employers from discriminating against employees on the basis of their pregnancy. This means that an employer must treat a pregnant employee the same as other persons “not so affected but similar in their ability or inability to work.” In other words, when crafting employment policies, you cannot treat pregnant workers… Read More »
Keeping Workplaces Safe: EEOC Advises Employers They Can Screen Employees for COVID-19 Symptoms
Much like the underlying public health situation, the legal environment surrounding the COVID-19 pandemic remains in a constant state of change. Regulators and members of the public alike must adjust to a “new normal” when it comes to maintaining safe workplaces. To that end, the Equal Employment Opportunity Commission (EEOC) recently revised its own… Read More »
