Richard D. Tuschman

Richard D. Tuschman

Akerman LLP

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Supreme Court Rules on, But Fails to Clarify, Pregnancy Discrimination Law

The Pregnancy Discrimination Act extends Title VII’s prohibition against sex discrimination to include pregnancy. It also says that employers must treat “women affected by pregnancy . . . the same for all employment-related...more

3/27/2015 - PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

Employee Handbooks Should Be Reviewed in Light of NLRB Report

Your employee handbook may be unlawful. That’s the takeaway from a 30-page report issued by the National Labor Relations Board’s Office of the General Counsel on March 18, 2015....more

3/24/2015 - Employee Handbooks New Guidance NLRA NLRB

Employee Handbooks Should Be Reviewed in Light of NLRB Report

Your employee handbook may be unlawful. That’s the takeaway from a 30-page report issued by the National Labor Relations Board’s Office of the General Counsel on March 18, 2015....more

3/24/2015 - Employee Handbooks New Guidance NLRA NLRB

Employers’ Safety Records Will Soon Be a Click Away

Employers should be aware of a proposed OSHA recordkeeping rule that is expected to be issued as a final rule this year. The proposed rule requires employers to electronically report to OSHA data on serious workplace injuries...more

3/13/2015 - OSHA Public Disclosure Recordkeeping Requirements Reporting Requirements Safety Violations Workplace Injury

Florida Whistleblower Act Objector Must Prove an Actual Violation of Law, Says Second DCA

The Florida private sector Whistleblower’s Act protects employees who object or refuse to participate in a violation of a law, rule or regulation by their employer. ...more

2/13/2015 - Burden of Proof Whistleblowers

Employers Cannot Rely on Timekeeping Policies as a Defense to FLSA Claims

An employee's violation of timekeeping policies is not a defense to a Fair Labor Standards Act claim, if the employer knows or has reason to know that an employee underreported his hours, according to a recent decision by the...more

1/27/2015 - Corporate Counsel Employer Liability Issues Employment Policies FLSA Popular Timekeeping Wage and Hour

Home Health Care Remains Affordable: New Companionship Exemption Rules Overturned

A federal court has invalidated the U.S. Department of Labor's ("DOL") amended rule that would have extended minimum wage and overtime protections to nearly two million home health care workers and affected the cost and...more

1/19/2015 - Companionship Exemptions DOL Home Health Agencies Home Health Care Home Healthcare Workers Wage and Hour

U.S. Labor Department and Florida Department of Revenue Team Up to Prevent Worker Misclassification

Now more than ever, Florida employers should ensure they are properly classifying their workers. The U.S. Department of Labor and the Florida Department of Revenue have announced an agreement between the two agencies to...more

1/16/2015 - Department of Revenue DOL Employee Definition Employer Liability Issues Independent Contractors Misclassification

New OSHA Recordkeeping Rule Goes into Effect on January 1, 2015

The Occupational Safety and Health Administration’s revised recordkeeping rule goes into effect on January 1, 2015. OSHA’s recordkeeping rule requires covered employers to prepare and maintain records of serious occupational...more

12/23/2014 - Employer Mandates OSHA Recordkeeping Requirements

Court Slaps Down EEOC Subpoena, Refusing to Allow Agency to Expand its Investigation

The Equal Employment Opportunity Commission has broad authority to investigate allegations of employment discrimination. But there are limits to that authority, as illustrated by a recent Eleventh Circuit Court of Appeals...more

11/17/2014 - ADA Corporate Counsel Cruise Ships Discrimination EEOC Enforcement Actions Foreign Nationals Subpoenas

Failure to Disclose Procedures Dooms Arbitration Agreement

As a general rule, courts will uphold agreements that require employees to arbitrate their employment disputes. But an employer seeking to compel arbitration must show that the employee signed a valid written arbitration...more

10/24/2014 - Arbitration Arbitration Agreements Disclosure Disclosure Requirements Duty to Disclose

NLRB Protects Facebook "Like" and Signals Standard for Analyzing Social Media Posts

An employer violated the National Labor Relations Act ("NLRA") by discharging two employees for participating in a Facebook posting by a former employee, according to the National Labor Relations Board ("NLRB"). One of the...more

8/28/2014

Persuading Employee to Work Rather than Taking Unpaid Leave May Result in FMLA Violation

The Family and Medical Leave Act ("FMLA") requires employers to provide eligible employees with up to twelve weeks of unpaid leave to care for a newborn child (among other reasons), and to offer reinstatement to the employee...more

8/26/2014 - Employee Rights Employer Liability Issues FMLA Unpaid Leave

Confederate Flag Can Contribute to Hostile Work Environment, Says Eleventh Circuit

Exposure to the Confederate flag in the workplace can support an employee's claim of racial discrimination, according to a recent decision of the United States Court of Appeals for the Eleventh Circuit, Adams v. Austal...more

6/30/2014

Who is a Whistleblower Under Dodd-Frank? Courts Disagree.

The Dodd-Frank Wall Street Reform and Consumer Protection Act protects employees who blow the whistle on possible securities law violations. But the question of who qualifies as a whistleblower continues to divide courts, as...more

6/4/2014 - Bank Secrecy Act Bussing Dodd-Frank Englehart Retaliation SEC Whistleblowers

Court Grants Deference to Secretary of Labor's Interpretation of OSHA Regulation

When the Secretary of the Department of Labor and the Occupational Safety and Health Review Commission offer competing but reasonable interpretations of a worker safety regulation, the Secretary's interpretation is entitled...more

5/28/2014 - Compliance DOL OSHA Safety Precautions Workplace Injury

New Rules Would Amend COBRA Notification Requirements To Include ACA Alternatives

The U.S. Department of Labor ("DOL") has proposed new rules that would revise an employer’s notification requirements under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") to align them with Affordable...more

5/8/2014 - Affordable Care Act COBRA DOL Notice Requirements Proposed Regulation

Do Employers Have To Offer Telecommuting As A Reasonable Accommodation?

Regular attendance is an essential function of most jobs. Thus, employers generally do not have to accommodate employees whose disability prevents them from regularly attending their job....more

5/5/2014 - ADA EEOC Ford Motor Reasonable Accommodation Telecommuting

Florida Civil Rights Act Prohibits Pregnancy Discrimination

The Florida Civil Rights Act prohibits pregnancy discrimination in employment, according to an April 17th decision by the Florida Supreme Court, Delva v. The Continental Group, Inc., Case No. SC12-2315 (Fla. April 17,...more

4/21/2014 - Discrimination Employee Rights FCRA Pregnancy Pregnancy Discrimination

New York Court Rules That Florida's Non-Compete Law Is "Truly Obnoxious"

A New York appellate court has ruled that Florida law on non-compete agreements is "truly obnoxious" to New York public policy and cannot be applied against a New York employee of a Florida-based company....more

2/13/2014 - Non-Compete Agreements Restrictive Covenants

Yes, Employers Can Win Summary Judgment In State Court

Given the opportunity, most defense lawyers will remove an employment discrimination case filed in state court to federal court because federal judges are more inclined to grant summary judgment, i.e. a judgment in favor of...more

1/16/2014 - Discrimination Employer Liability Issues Summary Judgment

Florida's Minimum Wage Is Now $7.93

Florida's minimum wage rate increased to $7.93 effective January 1, 2014. As we reported in November, Florida's minimum wage law requires the Florida Department of Economic Opportunity to recalculate Florida's minimum wage...more

1/3/2014 - FLSA Minimum Wage Tips Wages

On Second Thought, Wage Ordinance Does Not Expand Federal Court's Jurisdiction

Miami-Dade County's prevailing wage ordinance, which sets minimum wages on publicly funded construction projects, does not authorize plaintiffs to litigate prevailing wage claims in court under the auspices of the Fair Labor...more

12/18/2013 - Minimum Wage Prevailing Wages Wages

In Employment Arbitrations, Prevailing Party Fee Provision "Chills" But Is Not Cool

In recent years the United States Supreme Court has ruled in favor of businesses in several cases involving the enforceability of arbitration agreements. But as illustrated by a recent decision by Florida's Second District...more

12/3/2013 - Arbitration Arbitration Agreements Employment Contract

Aery Is Scary For Florida Whistleblower Act Defendants

The Florida Whistleblower Act ("FWA") prohibits employers from retaliating against employees who object to, or refuse to participate in, the employer’s violation of a law, rule, or regulation. But most courts have held that...more

11/1/2013 - Good Faith Hiring & Firing Retaliation Whistleblowers

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