Karen Buesing

Karen Buesing

Akerman LLP

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Latest Publications


Paid Sick Leave Trend May Require Reconsidering Bundled PTO

An expanding patchwork of paid sick leave laws may represent the next challenge for employers trying to keep pace with changing workplace laws. While Congress has failed to pass federal legislation guaranteeing paid...more

6/9/2016 - New Legislation Paid Leave Pending Legislation PTO Sick Leave Wage and Hour

Pay Data Required in Proposed New EEO-1 Reporting Form

Employers with 100 or more employees will be required to submit pay data by race, sex, ethnicity and job category under proposed new revisions to the EEO-1 reporting form. The changes were announced Friday by the EEOC on the...more

2/2/2016 - Comment Period Data Collection EEO-1 EEOC Pay Discrimination Reporting Requirements Wage and Hour

The NLRB Expands Its Reach in the Non-Union Workplace

The National Labor Relations Board continues to infiltrate the workplace even where there are no unions. Standard workplace policies — including those relating to employee conduct, protecting intellectual property, use of...more

8/21/2015 - Arbitration Code of Conduct Confidential Information Conflicts of Interest Employment Policies Franchisee Franchisors Intellectual Property Protection Joint Employers Mobile Devices NLRA NLRB Non-Disparagement Provisions Protected Concerted Activity Quickie Election Rules Sensitive Business Information Social Media Unions

Input Sought on New Rules to Extend Overtime to More Workers

Employers and other stakeholders have just a few weeks in which to provide input on proposed regulations which would raise the salary threshold for workers exempt from overtime to $50,440 a year. On July 6, 2015 the...more

7/31/2015 - Compliance Corporate Bonuses DOL FLSA Minimum Salary NPRM Unpaid Overtime Wage and Hour White-Collar Exemptions

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...more

7/7/2015 - ADA EEOC Employer Liability Issues Guidance Update Pregnancy Pregnancy Discrimination Reasonable Accommodation Young v United Parcel Service

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...more

6/30/2015 - Appeals Certifications FMLA Foreseeability Popular

Expanded Whistleblower Protections Impact Confidentiality Policies and Agreements

All employers should review their confidentiality policies and agreements to ensure adequate protections for whistleblowers in the wake of recent actions by both the Securities and Exchange Commission (“SEC”) and the National...more

5/20/2015 - Confidential Information Confidentiality Agreements Confidentiality Policies Employee Handbooks Enforcement Actions KBR (formerly Kellogg Brown & Root) NLRB SEC Whistleblower Protection Policies

Justice Department Continues to Target Health Care Providers with "Barrier-Free" Initiative

The Department of Justice's recent settlement with a Chicago-based hospital system is the latest reflecting the agency's continuing pursuit of claims against health care providers – small and large -- who fail to provide...more

12/22/2014 - Disability Discrimination DOJ Enforcement Actions Health Care Providers Healthcare Hospitals Physicians

Patient Records: Increasing Exposure for Privacy Breaches

Healthcare providers and businesses that store or process protected health information ("PHI") face increased scrutiny and significant fines for data privacy breaches and security lapses in the coming months....more

7/9/2014 - Popular

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....more

3/17/2014 - Employee Rights Employer Liability Issues Retaliation Whistleblowers

Automatic Gratuities Are Now Wages For FICA Tax Purposes

Restaurateurs and wait staff beware: beginning this month, the IRS will classify automatic gratuities not as "tips," but as service charges reportable as regular wages which are subject to payroll tax withholdings. ...more

1/9/2014 - FICA Taxes IRS Payroll Taxes Withholding Tax

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...more

6/26/2013 - Adverse Employment Action But For Causation EEOC Hiring & Firing Nassar Retaliation SCOTUS Title VII UT Southwestern Medical v Nassar

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