Akerman LLP - HR Defense

One Southeast Third Avenue Suite 2500
Miami, FL 33131-1714, United States

Contact: Scott Silverman, Of Counsel

  • 305.374.5600
  • 305.374.5095

Federal Appeals Court Says Dodd-Frank Does Not Protect Overseas Whistleblowers

The U.S. Court of Appeals for the Second Circuit has ruled that the Dodd-Frank Act does not protect whistleblowers outside the United States. In Liu Meng Lin v. Siemens AG, Case No. 13-4385-cv (2nd Cir. August 14, 2014),…more
| Civil Procedure, Civil Rights, Labor & Employment Law, International Law & Trade, Securities Law

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
| Civil Procedure, Labor & Employment Law

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
| Civil Rights, Labor & Employment Law

FMLA & Medical Certification: When Does An Employer Have A "Reason to Doubt"?

Given the financial and administrative costs that FMLA continues to impose upon employers, HR managers are consulting with counsel to determine what tools are available to ensure that those who truly need FMLA leave are able to…more
| Labor & Employment Law

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 U.S.A.,…more
| Civil Rights, Labor & Employment Law

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
| Civil Procedure, Civil Rights, Labor & Employment Law, Finance & Banking, Securities Law

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 to…more
| Administrative Law, Civil Procedure, Labor & Employment Law

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 Care…more
| Labor & Employment Law, Health

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
| Civil Rights, Labor & Employment Law

Social Media Policies — ALJ Disregards Guidance From NLRB General Counsel

If you identify yourself as an associate of the Company and publish any work-related information online, you must use this disclaimer: "The postings on this site are my own and don't necessarily represent the positions,…more
| Administrative Law, Communications & Media Law, Labor & Employment Law

Whistleblower Claims The Wave Continues

"The cover-up is often worse than the crime" – an apt mantra for employers who are being increasingly forced to defend retaliation and/or whistleblower claims brought in myriad industries under a broad spectrum of federal and…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

The Art Of Employee Termination And Severance Agreements

The process of employee termination is fraught with pitfalls for the unwary employer. Not only can emotions run high during this time, but failure to comply with all applicable state and federal laws can lead to legal liability…more
| Labor & Employment Law

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 a…more
| Labor & Employment Law

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
| Labor & Employment Law

Irregular Attendance May Render An Employee With A Disability "Unqualified"

In a recent case, Daniel Mecca v. Florida Health Services Center, Inc., Case No. 8:12-cv-02561 (M.D. Fla. February 3, 2014), a federal court in Florida held that where regular attendance is an "essential function" of a position…more
| Civil Rights, Labor & Employment Law
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400+ Attorneys

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