Richard D. Tuschman

Richard D. Tuschman

Akerman LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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

It's Official - Offering Full Monetary Relief Without A Judgment Will Not Moot FLSA Case

Last year we reported on the Eleventh Circuit's decision in Zinni v. ER Solutions, Inc. (11th Cir., August 27, 2012), which seemed to signal that a defendant in a Fair Labor Standards Act case cannot moot the case by...more

10/22/2013 - Employer Liability Issues FLSA Mootness No-Action Relief Unpaid Overtime

Can Employer Who Has Granted Employee's FMLA Request Dispute Employee's FMLA Eligibility?

An employee sends an email to her manager requesting FMLA leave to care for her father "while he deals with issues surrounding his terminally ill brother." The supervisor writes back, "Approved," and the employee takes...more

10/16/2013 - Employee Benefits Employee Rights Employer Liability Issues Equitable Estoppel FMLA Retaliation Unpaid Leave

Continued Employment In Dead-End Job May Entitle Employee To Incentive Benefits

In Florida, employee handbooks, procedure manuals, and other statements of an employer's policy are generally non-binding and do not give rise to enforceable contract rights. But suppose an employer induces an employee to...more

9/24/2013 - Employee Handbooks Employee Retention Incentives

Minimum Wage And Overtime Pay Extended To Certain Direct Home Care Workers

On September 17, 2013, the U.S. Department of Labor's Wage and Hour Division announced a final rule extending the Fair Labor Standards Act's minimum wage and overtime protections to cover certain direct care workers such as...more

9/19/2013 - Companionship Exemptions DOL FLSA Healthcare Home Health Care Minimum Wage Over-Time

Urging An Employee To Retire Is Not Necessarily Evidence Of Age Discrimination

Mandatory retirement is generally unlawful under the Age Discrimination in Employment Act. So when an employer urges an employee to retire, isn't this evidence of age discrimination that an employer should avoid? Not...more

9/12/2013 - ADEA Age Discrimination Employer Liability Issues Retirement

Keeping The Jury At Bay: Workers' Compensation Retaliation Claim Is Subject To Arbitration

A workers' compensation retaliation claim must be arbitrated under the parties' arbitration agreement, according to a recent decision by Florida's Second District Court of Appeal, Audio Visual Innovations, Inc. v. Spiessbach...more

8/21/2013 - Arbitration Arbitration Agreements

Employer's Back Door Settlement Of FLSA Claim Backfires

An employer's settlement of a Fair Labor Standards Act claim directly with a former employee rather than with the former employee's attorney was invalid and should not have been approved by the federal district court,...more

7/31/2013 - Employer Liability Issues FLSA Legal Representatives Settlement Voluntary Dismissals

Yes, You Can Fire An Employee Because She Is Hot, Iowa Supreme Court Affirms

Last year we reported on the Iowa Supreme Court's decision in Nelson v. James H. Knight, DDS (Iowa, December 21, 2012), in which the court held that a dental practice did not discriminate against a female assistant by...more

7/17/2013 - Discrimination EEOC Gender Discrimination Hiring & Firing Sex Discrimination Sexual Harassment Title VII

Supreme Court Affirms Narrow Definition Of Supervisor Under Title VII

The Supreme Court has ruled in Vance v. Ball State University that the authority to take tangible employment actions is the defining characteristic of a supervisor, and that without such authority an employee is not a...more

6/25/2013 - Employer Liability Issues Harassment Negligence SCOTUS Supervisors Title VII Vance v. Ball State University

37 Results
|
View per page
Page: of 2