Akerman LLP - HR Defense

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

Contact: Scott Silverman, Senior Manager, Marketing Technology & Administration

  • 305.374.5600
  • 305.374.5095

New York Trial Court Provides Guidance on Application of Corrections Law Factors

It should come as no surprise to New York employers that making an employment decision based on an applicant or employee's criminal background can be unlawful. See N.Y. Corr. Law § 752; see also N.Y. Exec. Law § 296 (15).  …more
| Criminal Law, Labor & Employment Law

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
| Civil Procedure, Labor & Employment Law, Health

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 prevent…more
| Labor & Employment Law

Employers Should Begin Preparation for Opening of FY 2016 H-1B Cap

The beginning of the calendar year is the perfect time for employers to begin planning for the FY 2016 H-1B cap filing season, which will begin on Wednesday, April 1, 2015. …more
| Labor & Employment Law, Immigration Law, Science, Computers, & Technology

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
| Labor & Employment Law

Update: Time Spent Going Through Security Is Not Indispensable and, Therefore, Is Not Compensable

In an important decision under the Fair Labor Standards Act, the Supreme Court has issued a ruling in Busk v. Integrity Staffing Solutions, Inc. in favor of employers. As previously discussed in October, the Court had to…more
| Civil Procedure, Labor & Employment Law

Reasonable Accommodations Under the ADA Do Not Require Changing a Job's Essential Functions

Weldon Williams, a pharmacist, suffered from diabetes which limited his ability to stand for extended periods of time. Williams sued his former employer Revco Discount Drug Centers, Inc., d/b/a CVS Pharmacy, Inc. ("CVS")…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Florida's Minimum Wage Increases to $8.05 in 2015

As 2014 comes to a close, employers must be aware of the pending increase in wages for their nonexempt employees. Florida's minimum wage will increase to $8.05 on January 1, 2015. With the increase, Florida's required minimum…more
| Labor & Employment Law

President Obama Outlines Executive Action on Immigration

President Obama has ambitiously announced several executive actions that have the potential to impact undocumented immigrants, as well as employers, foreign national workers, and their spouses. While these efforts are focused on…more
| Elections & Politics, Labor & Employment Law, Immigration Law

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
| Civil Rights, Labor & Employment Law

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
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

E-Cigarettes in the Workplace

Employers should be aware of the new electronic cigarette fad, and the need to address workplace policies accordingly. Electronic cigarettes, also known as e-cigarettes, are battery-powered devices that heat up…more
| Labor & Employment Law

The Cost of Security for Employers: Is Time Spent Going Through Security Compensable?

The Supreme Court will soon decide whether employers will be required to pay their employees for time spent going through a security clearance at the end of each shift. The case is Busk v. Integrity Staffing Solutions, Inc., 713…more
| Labor & Employment Law

Opening of the 2016 Diversity Immigrant Visa Program Announced

The State Department has announced that it will accept applications for the FY 2016 "diversity immigrant visa" lottery beginning October 1, 2014. Applicants who are selected and approved may submit their green card applications…more
| Labor & Employment Law, Immigration Law

Are Websites Places of Public Accommodation?

By now, most lawyers are aware that Title III of the ADA applies to activities of an entity whose operations "affect commerce" and is a "place of public accommodation" as defined by statute. 42 U.S.C. § 12181(7)(A)-(L)…more
| Civil Rights, Commercial Law & Contracts, Communications & Media Law, Science, Computers, & Technology
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400+ Attorneys

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