Scott T. Silverman

Scott T. Silverman

Akerman LLP

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NLRB Rules That Employers Must Permit Non-Business Use of Email

The National Labor Relations Board, in a 3-2 decision, has held that employee use of email for activities directed to terms and conditions of employment must presumptively be permitted by employers who have given employees...more

12/16/2014 - Email NLRB Protected Concerted Activity Purple Communications Unions

EEOC Broadens Pregnancy Discrimination Protections

On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC") issued an updated enforcement guidance on pregnancy discrimination and related issues, and significantly widened the employee protections. The guidance...more

7/29/2014 - ADA Discrimination EEOC Employer Liability Issues Pregnancy Discrimination Reasonable Accommodation

EEOC Broadens Pregnancy Discrimination Protections

On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC") issued an updated enforcement guidance on pregnancy discrimination and related issues, and significantly widened the employee protections. The guidance...more

7/29/2014 - ADA Disability EEOC Employee Rights Pregnancy Pregnancy Discrimination Reasonable Accommodation

The NLRB Invades The Non-Union Workplace

Employers beware! Although the Board's attempt to require employers to post a notice of employees' federal rights has been defeated, the agency remains active in its regulation of the non-union workplace. The Board now has...more

3/20/2014 - NLRA NLRB Unions

EEOC Alleges that Standard Severance Agreement Language Violated Title VII

Certain standard provisions contained in separation agreements commonly used by employers violate federal law, according to the Equal Employment Opportunity Commission ("EEOC"). Specifically, EEOC in a suit filed in Illinois...more

2/26/2014 - Confidentiality Agreements Covenant Not to Sue EEOC Non-Disparagement Provisions Severance Agreements Title VII

EEOC Obtains Record Relief From Companies

On Monday, December 16, 2013, the EEOC announced that it had obtained $372.1 million in relief from private companies during the 2013 fiscal year, which is a record in monetary benefits collected through enforcement...more

12/20/2013 - EEOC Enforcement Settlement Strategic Enforcement Plan

NLRB Has Full Complement Of Board Members

The Senate confirmed all five of the President's nominees to serve as National Labor Relations Board (the "Board") members on July 30, 2013. ...more

8/6/2013 - Confirmation Proceedings NLRB Political Appointments

Don't Forget To File Your EEO-1 Reports

All private employers who are subject to Title VII and have at least 100 employees must file the Employer Information Report ("EEO-1 Report"). ...more

8/2/2013 - Deadlines EEO-1 Filing Requirements Full-Time Employees Title VII

Employer Affordable Care Act Mandate Delayed

The Treasury Department has just announced that the employer penalty provisions of Health Care Reform, which were set to go into effect on January 1, 2014, will now be delayed until 2015....more

7/5/2013 - Employee Benefits Employer Mandates Health Insurance Health Insurance Exchanges Healthcare Reform Individual Mandate U.S. Treasury

Florida's Unemployment Process Violates The ADA - Warning For Employers

Florida's requirement that applicants for unemployment insurance apply over the Internet and take an online skills test discriminated against the disabled, because they could not easily access the computerized process,...more

5/1/2013 - ADA Applications DOL Unemployment Unemployment Insurance

NLRB General Counsel Suggests Language That Complies With Banner Health

In a memorandum dated January 29, 2013, but made public on April 16, 2013, the NLRB's Office of General Counsel, while confirming that an employer's blanket confidentiality rule, which precludes employees from disclosing...more

4/29/2013

DOL Reports Widespread Wage And Hour Violations At Tampa Area Restaurants

Widespread violations of the Fair Labor Standards Act’s minimum wage and overtime provisions have been found during an ongoing enforcement initiative conducted by the Department of Labor Wage and Hour Division’s Tampa office....more

4/1/2013 - DOL FLSA Minimum Wage Over-Time Restaurant Industry Wage and Hour Wages

New I-9 Form For Employers

The U.S. Citizenship and Immigration Services (USCIS) has published Introduction of the Revised Employment Eligibility Verification Form in the March 8, 2013, Federal Register. The new Form I-9 is available here. Employers...more

3/12/2013 - Eligibility Hiring & Firing I-9 USCIS

IRS Expands VCSP Program

On February 27, 2013, the Internal Revenue Service (IRS) announced its expansion of the Voluntary Classification Settlement Program (VCSP) to allow more employers to achieve certainty under the law by reclassifying their...more

3/6/2013 - Independent Contractors IRS Misclassification Payroll Taxes Tax Penalties VCSP

Employers Should Ask Their Insurance Agents Whether Early Renewal Of Health Insurance Coverage Is Appropriate

While one of the greatest benefits of the federal Affordable Care Act ("ACA") is better access for all to quality healthcare, theoretically resulting in lower health care expenditures, there also are costs associated with the...more

2/28/2013 - Affordable Care Act Employer Healthcare Costs Fees Health Insurance Insurance Agents Premiums Small Business

Employers Need To Evaluate Coverage Under The Affordable Care Act Now

Beginning in 2014, "large employers" may be assessed a penalty for not providing required coverage under the employer shared responsibility mandate of the Affordable Care Act. This does not mean that employers need not worry...more

2/22/2013 - Affordable Care Act Employer Mandates Full-Time Employees Shared Responsibility Rule

New Fair Credit Reporting Act Form For Employers

Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) established the Consumer Financial Protection Bureau (CFPB), and the responsibility for interpreting and enforcing the Fair...more

2/19/2013 - CFPB Consumer Protection Act Consumer Reports Dodd-Frank Employment Application FCRA Hiring & Firing Notice Requirements Written Consent

Liquidated Damages Are Not Mandatory For FLSA Retaliation Claims In Eleventh Circuit

Deciding an issue of first impression, in Moore v. Appliance Direct, Inc., the Eleventh Circuit has held that courts have the discretion to award liquidated damages in FLSA retaliation suits. Unlike suits for minimum wage or...more

2/14/2013 - FLSA Liquidated Damages Retaliation Unpaid Overtime

Employers Must Examine Their Employee Agreements For Compliance With The National Labor Relations Act

Recently, an Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) issued a decision in Quicken Loans, Inc., which found confidentiality and non-disparagement provisions to be unlawful under the...more

2/5/2013 - ALJ Confidentiality Disparagement Employment Contract NLRA NLRB Protected Concerted Activity Quicken Loans Section 7 Social Media Social Media Policy Unions

Recess Appointments To Board Invalid - Summary Of Affected Decisions

The United States Court of Appeals for the District of Columbia Circuit issued an order on January 25, 2013, which struck, as unconstitutional, President Obama's recess appointments to the National Labor Relations Board...more

1/30/2013 - Banner Health System Barack Obama Canning v NLRB Costco D.R. Horton D.R. Horton v NLRB Hispanics United of Buffalo Latino Express NLRA NLRB Pro Forma Sessions Recess Appointments WKYC-TV

Wellness Programs Encouraged Under the Affordable Care Act

On November 20, 2012, the federal government released a number of important proposed rules implementing the Affordable Care Act (ACA). An earlier update from Akerman's Healthcare Practice Group focused on the proposed...more

11/30/2012 - Affordable Care Act DOL HHS Wellness Programs

EEOC Obtained Record Monetary Recoveries During 2012

On November 16, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) released its Performance and Accountability Report, which announced that the agency had concluded fiscal year 2012 with record high monetary...more

11/28/2012 - EEOC Strategic Enforcement Plan

New EEOC Rule Is Good News For Employers

Do you ever get the idea that all developments out of Washington, DC are bad for employers? Well, at least in this instance, there is some good news for a change....more

4/2/2012 - Age Discrimination Business Necessity Disparate Impact EEOC Reasonableness Factors

Florida May Change Wage Payments For Tipped Employees

On February 16th the Commerce and Tourism Committee of the Florida Senate reported favorably on a bill that would allow Florida employers to fundamentally alter the way that tipped employees are paid. Senate Bill 2106 is...more

2/21/2012 - Tip Credit Tips Wage and Hour Wages

NLRB Acting General Counsel Issues Second Social Media Report

On January 25, 2012, NLRB Acting General Counsel Lafe Solomon released a second report describing social media cases reviewed by his office. The Memorandum covers 14 cases, half of which involve questions about employer...more

2/21/2012 - Facebook NLRB Social Media Policy

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