Compliance with the Family & Medical Leave Act and the Americans with Disabilities Act continues to cause issues for even the most experienced workplace professionals. In recent years, both the FMLA and ADA have expanded coverage for employee medical issues. For example, employees who are approved for FMLA-covered intermittent leave must be permitted to use … Continue Reading
In a recent case, Daniel Mecca v. Florida Health Services Center, Inc., Case No. 8:12-cv-02561 (M.D. Fla. February 3, 2014), a federal court in Florida held that where regular attendance is an “essential function” of a position and leave will not allow regular attendance now or in the immediate future, leave is not a “reasonable … Continue Reading
Florida’s current $7.79 hourly minimum wage rate will increase to $7.93 effective January 1, 2014. Florida’s minimum wage law requires the Florida Department of Economic Opportunity to recalculate Florida’s minimum wage annually based upon the increase in the federal Consumer Price Index for Urban Earners and Clerical Workers in the Southern Region. This minimum wage … Continue Reading
Worker misclassification continues to be an issue at the forefront of today’s workplace. Along with the use of unpaid interns, we are now seeing litigation brought on behalf of unpaid volunteers seeking compensation. In the last week alone, three court filings highlight various issues related to unpaid workers: On August 6, 2013, an unpaid summer … Continue Reading
In the wake of Hurricane Sandy last Fall and the recent tornadoes in Oklahoma, forecasters are predicting an aggressive 2013 hurricane season, which started on June 1st. Employers should take time before the storm hits to review and update workplace pay and leave policies: Fair Labor Standards Act (“FLSA”) The most frequent issues that arise … Continue Reading
Mall decorations and peppermint mochas can only mean one thing – the holidays are here again and office festivity plans are well underway. Holiday parties can bring out the very best and the very worst in employees. Unfortunately, the days are gone when what happens at the holiday party stays at the holiday party. With … Continue Reading
The more things change, the more they stay the same. As labor and employment lawyers, in-house counsel, and human resources professionals, we are thrown into a whirlwind of complex workplace legal issues on a daily basis. No matter what the issue, though, I find that these fundamental questions pop up on a consistent basis: Is … Continue Reading
Workplace harassment is back in the news again recently, both in terms of allegations against high-profile public figures and the increasing frequency with which juries have been awarding multi-million dollar verdicts to employees. With this heightened awareness of workplace harassment of all types, a refresher of workplace steps every employer can take to avoid harassment … Continue Reading
