Karen M. Buesing

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Karen Buesing has 35 years of experience counseling and representing small and large employers in employment law matters. Karen is a Fellow of the College of Labor and Employment Lawyers and one of only 200 lawyers Board Certified by The Florida Bar as specialists in Labor & Employment Law. Chambers USA describes her as “passionate about helping her clients,” which include small and large businesses. In addition to counseling, she represents management in litigation before local, state, and federal agencies, state and federal courts, and arbitration panels.

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EEOC Updates Guidance on Accommodating Pregnant Workers

The Equal Employment Opportunity Commission has issued revised pregnancy discrimination guidance setting forth a framework for assessing how far employers must go in accommodating pregnant employees, following the Supreme Court’s ruling earlier this year in Young v. United Parcel Serv., Inc.  In that case, the Court held that, although a policy of providing light duty … Continue Reading

Even Planned Surgery May Be “Unforeseeable” Under the FMLA

Employees seeking leave under the Family and Medical Leave Act are supposed to give 30 days’ notice if the need for leave is “foreseeable,” but what does “foreseeable” mean? Based on a recent 11th Circuit Court of Appeals decision, even elective surgery which could be planned far in advance, if “relatively urgent,” would not be … Continue Reading

Managing Employees Who File Claims

Dealing with an employee who has filed a claim places an employer in a precarious position – the employer needs to properly manage the employee, but avoid a retaliation claim in the process. It’s like walking a tightrope. Employers have seen it many times – a troublesome employee is about to be disciplined, sees the … Continue Reading

Employees Asserting Retaliation Must Meet Higher Causation Standard, Supreme Court Rules

The explosion of retaliation claims may skid to a halt or at least slow down after the Supreme Court’s decision this week holding that plaintiffs making Title VII retaliation claims must establish that their protected activity was a “but-for” cause of the alleged adverse action by the employer. In University of Texas Southwestern Medical Center … Continue Reading

Miscalculating Eligibility for FMLA Leave Can Be A Costly Mistake

Telling employees that they’re eligible for leave under the Family and Medical Leave Act when they’re not can be a costly mistake for an employer. That’s the message behind a recent Pennsylvania decision. In Medley v. Montgomery County, (E.D. Pa.) No 2:12-cv-01995, a nursing assistant worked fewer than  the 1250 hours required to be eligible … Continue Reading

Akerman Labor & Employment Law Seminar to Feature Discussion on New Unemployment Compensation Law Amendments and How They Help Employers

Employers should welcome the new amendments to Florida’s unemployment compensation laws. Among other things, those amendments eliminate the provision that the unemployment compensation law is to be liberally construed in favor of the claimant, broaden the definition of “misconduct” which will disqualify a claimant from receiving benefits, and require claimants to take new steps to … Continue Reading

NLRB Poster on Employee Rights Now Available for Download

The workplace poster on employee rights under the National Labor Relations Act is now available as a free download from the NLRB website. Most private-sector employers, both union and non-union, must display the poster where other workplace notices are posted as of November 14, 2011. Employers who customarily post personnel rules or policies on an internet … Continue Reading

EEOC Provides For Further Job Protections

Yet another law for employers to worry about! The U.S. Equal Employment Opportunity Commission (EEOC) has issued final regulations implementing the employment provisions of the Genetic Information Nondiscrimination Act (GINA). GINA applies to all employers covered by Title VII and generally prohibits discrimination and harassment in the terms and conditions of employment, including health benefits, … Continue Reading
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