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Scott T. Silverman

Scott T. Silverman

Akerman Senterfitt


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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 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

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