Author: Florida Employment Law Letter

Recent settlement highlights EEOC’s focus on vulnerable workers

by Jeffrey D. Slanker and Rob Sniffen The Equal Employment Opportunity Commission’s (EEOC) Strategic Enforcement Plan (SEP) highlights several areas in which the agency is increasing its focus, including the protection of vulnerable immigrant and migrant workers. That focus was recently underscored by the agency’s settlement of a case involving allegations of national origin and […]

Handling harassment: What constitutes a hostile work environment?

by Joanna Vilos Employees sometimes complain about undesired or harassing conduct that does not rise to the level of a hostile work environment under Title VII of the Civil Rights Act of 1964. A decision from a Wyoming federal court reveals which steps employers can take to avoid liability and how employers can defend themselves […]

West Virginia becomes 26th right-to-work state

by Rodney L. Bean West Virginia became the nation’s 26th right-to-work state Friday when both houses of the West Virginia Legislature voted to override Governor Earl Ray Tomblin’s veto of right-to-work legislation. The new law will take effect May 4, 2016. The legislation bans union security agreements—pacts between employers and labor unions that require employees […]

Know what to do when a workplace injury prompts an OSHA inspection

When a workplace accident results in an employee being injured, an employer is likely to experience a visit from a U.S. Occupational Safety and Health Administration (OSHA) inspector. Such a visit is no time for an employer to guess about how to handle the agency’s investigation.  Recently attorneys from the Employers Counsel Network, which focuses […]

behavior

HR pro or hall monitor? Dealing with childish behavior at work

by Boyd Byers Several HR managers I work with sometimes refer to employees as their “children” and joke that at times (particularly when they’re dealing with their “problem children”), they feel more like grade-school teachers than HR managers. A recent study reaffirms the inherent truth in this analogy.  From the playground to the workplace Childish […]

West Virginia Legislature passes right-to-work bill; governor promises veto

by Rodney L. Bean Both houses of West Virginia’s legislature have passed a bill that would make West Virginia the nation’s 26th right-to-work state. The bill arrived at Governor Earl Ray Tomblin’s desk on Monday, February 8, and now awaits his signature or veto.  After a February 4 debate that lasted almost five hours, the […]

Beyonce: I just might be the next Bill Gates in the making

Who wants to be the next Bill Gates in the making? The answer may surprise you. Beyoncé (or “Queen Bey”), a music scene A-lister and the woman who “runs the world” (if you ask her legions of devoted fans, known as the “BeyHive”), gives the world’s richest man a major shout-out in her new single, “Formation.” […]

‘Poor’ employer’s termination obligation not reduced

by Hannah Roskey There has been some controversy in Canadian law on the issue of whether the financial circumstances of the employer should play a role in deciding what constitutes reasonable notice of termination or pay in lieu of notice. Since multiple factors go into deciding what’s reasonable in many circumstances, why not this one? […]

reference

Solving the reference riddle: Know what to ask and how much to say

Checking references has a way of putting employers in a pickle. When they want information about a potential new hire, they’re often frustrated when references divulge no more than dates of employment, position held, and pay rate. That “name, rank, and serial number” response can be frustrating. But when the employer is on the receiving […]

How to curb intermittent FMLA leave abuse

by Lisa Berg One of employers’ most common complaints about administering Family and Medical Leave Act (FMLA) leave is employees’ tendency to abuse intermittent leave. When combatting this type of fraud, employers must navigate tricky U.S. Department of Labor (DOL) regulations as well as federal court rulings that limit the type of information that can […]