Author: Florida Employment Law Letter

Referral bonuses, diversity, and disparate impact liability

by Andy Rodman Q My company is having difficulty attracting qualified candidates for high-tech positions. We’re considering implementing a referral bonus policy, under which a current employee would be paid $500 for referring a candidate who is hired. Is this type of policy legal?  A There is nothing inherently illegal about a referral bonus policy. […]

Nonreligious observance may require religious accommodation

by Maggie LeBato and H. Mark Adams Both federal and state laws prohibit employers from discriminating against employees because of their religion. The courts have further ruled that the prohibition against religious discrimination requires you to accommodate your employees’ sincerely held religious beliefs unless it would cause undue hardship to your business. You might assume, […]

Unemployment rate for veterans at lowest point since 2008

On March 24, 2015, the U.S. Department of Labor’s (DOL) Bureau of Labor Statistics (BLS) released unemployment numbers showing that the 2014 unemployment rate among military veterans dropped to its lowest point since 2008. Employers’ recognition of the strengths that veterans bring to the workforce is at least one factor for this drop in unemployment. […]

Which restroom should Caitlyn Jenner use?

by Kylie Crawford TenBrook Bruce Jenner, Olympic decathlon gold medalist and unfortunate/unwitting participant in Keeping Up with the Kardashians, recently transitioned from living as a man to living as a woman. For a fleeting moment, Caitlyn Jenner was even more famous than her stepdaughter, Kim Kardashian (and is, truthfully, giving her a run for her […]

North Dakota eases PTO payout rules

by Lisa Edison-Smith Because of new legislation taking effect August 1, private-sector employers in North Dakota will find it easier to avoid paying out unused paid time off (PTO) or vacation time when employees quit. Under the old law, an employer was required to pay a departing employee for any PTO or vacation time that […]

New guidance signals tougher stance on independent contractor classification

A new interpretation of language in the federal Fair Labor Standards Act (FLSA) is the latest effort in the government’s fight against what it sees as troubling misclassification of employees as independent contractors. On July 15, David Weil, administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD), released Administrator’s Interpretation 2015-1 […]

Law or no law, paid sick leave generating buzz among employers

Love it or hate it, paid sick leave is an idea gaining momentum across the country. A handful of states and local governments have passed laws in the last five years guaranteeing the leave for a good many private-sector workers.  Connecticut blazed the trail by enacting a law in 2011 covering “service workers” that went […]

Agencies issue ACA-related regulations addressing contraceptive coverage

On July 10, the U.S. Department of Health and Human Services (HHS), the U.S. Department of Labor (DOL), and the U.S. Department of the Treasury issued final regulations on coverage of certain preventive services under the Affordable Care Act (ACA). Specifically, the new regulations focus on the ACA’s controversial “contraceptive mandate.” The contraceptive mandate Under […]

Not all relapses are created equal

by Stephanie Gutierrez An addiction to drugs and/or alcohol is considered a disability in Canada. As such, employers in Canada often enter into last chance agreements with employees suffering from a drug or alcohol addiction. But does a last chance agreement always mean it’s the employee’s “last chance”? Not necessarily.

The Devil Wears Prada: Meryl Streep and the Queen Bee myth

You’ve seen her splashed across the big screen, small screen, computer screen, and even your tablet screen, but have you ever actually met the fabled Executive Queen Bee? We’re talking about the stereotypical top female executive who stomps on other women on her way to the top, reveling in her success while ignoring or sabotaging […]