Important News
January, 2012
NLRB Appointments Prompt Controversy. President Obama has recently announced three recess appointments to the National Labor Relations Board (“Board”), despite the requests of Republican Senators to refrain from doing so.
New Veterans employment law offers tax credits to employers. Recently, Congress passed the VOW to Hire Heroes Act of 2011, a bill intended to help unemployed veterans find employment.
Failure to maintain certification due to depression not covered by ADA. According to a U.S. Appeals Court, a teacher who failed to maintain her teaching certificate due to her depression was not a “qualified individual with a disability” under the Americans with Disabilities Act (prior to its amendment).
November, 2011
Quickie Election Resolution Adopted. On November 30, the National Labor Relations Board (“NLRB”) held a meeting and took a vote on a slightly watered-down version of the controversial “Quickie Election” resolution proposed earlier this year.
Latest Update on NLRB’s Notice Posting Rule. Last month, I wrote that the effective date of the recently-adopted rule requiring employers to post a notice to employees advising them of their rights under the National Labor Relations Act had been postponed until January 31, 2012.
Individual Liability for Wage and Hour Claims. In a recent federal case, a court found that a company’s Chief Executive Officer (“CEO”) was personally liable, along with the corporation, for payments to employees under a wage and hour settlement.
Court Finds Employer Liable for Retaliation, but Limits Damages. After a bench trial, a district court recently found that an employee’s former employer retaliated against him by notifying the discharged employee’s subsequent employers that he had filed an EEOC charge against it.
EPLI Coverage for Cases Initiated by the EEOC. Recently, a federal district court ruled that an employer’s employment practices liability insurance (“EPLI”) did not provide any type of coverage for an action brought by the Equal Employment Opportunity Commission (“EEOC”).
October, 2011
Eleventh Circuit Finds Former Employee’s Job Duties Were Replaced By Computer Program. The Eleventh Circuit Court of Appeals recently affirmed the dismissal of a lawsuit under the Age Discrimination in Employment Act (“ADEA”) because the older worker’s job duties were not assumed by a younger worker, but rather by a computer program.
NLRB Posting Rule Postponed. The National Labor Relations Board (“NLRB”) recently announced that it has postponed the effective date of its new rule mandating a workplace posting of an official Notice of Employee Rights under the National Labor Relations Act.
September, 2011
Ensuring Compliance with I-9 Regulations. Employers face tough challenges when trying to comply with the prohibitions on employing unauthorized workers, while at the same time ensuring they do not discriminate against employees during the I-9 process by engaging in document abuse.
Jury awards 8.1 million dollars in FMLA/ADA lawsuit. On September 1, a federal jury in South Florida found that a company had violated the Family and Medical Leave Act (FMLA) and Americans With Disabilities Act (ADA) after firing an employee undergoing chemotherapy.
Employee of Staffing Agency Unable to Pursue Discrimination Claim Against Client Company. A district court ruled that an employee hired by a staffing agency was unable to pursue a religious discrimination claim against the medical facility where she was assigned to work.
August, 2011
While organized labor failed in its attempt to pass the Employee Free Choice Act in Congress, the NLRB is attempting to implement much of organized labor’s wishes through rule-making by proposing new regulations that would eliminate important protections and speed up the election process.
July, 2011
The Equal Employment Opportunity Commission (“EEOC”) recently provided further advice to employers when investigating an applicant’s criminal background.
June, 2011
The National Labor Relations Board’s (NLRB) continues to scrutinize and challenge the social media policies of both union and non-union employers.
May, 2011
On June 1, 2011, the Florida minimum wage will increase to $7.31 per hour.
April, 2011
The Equal Employment Opportunity Commission (“EEOC”) has released the long-awaited regulations addressing the ADA Amendments Act (ADAAA).
March, 2011
On March 1, the U.S. Supreme Court held that employers may be liable for the biased motives of supervisors who influence, but do not decide, employment actions.
February, 2011
Currently, there are three bills (a House Bill, a Senate Bill, and the Governor’s Bill) pending that could have significant impact on unemployment compensation awards.
January, 2011
The Office of Federal Contracts Compliance (OFCCP) has sought to impose affirmative action obligations on hospitals for years.
May, 2010
Tax Incentives For Hiring New Employees - The Hiring Incentives to Restore Employment Act (“HIRE Act”) , enacted on March 18, 2010, provides two new
April, 2010
Employee Handbooks – The Basic Framework
From time to time this column emphasizes the importance of having an up-to-date employee handbook
March, 2010
Focus on Unemployment. There is significant news coming out of Tallahassee with regard to unemployment. The State Unemployment Trust Fund has been
February, 2010
Accommodation of Religious Beliefs and Practices – Is the Request “Sincerely Held” and of a “Religious” Nature? Federal and state anti-discrimination laws require
January, 2010
GINA Goes into Effect. President Bush in May 2008 signed the Genetic Information Nondiscrimination Act (GINA) and it formally took effect as of November 21, 2009. In explaining the purpose for the law,