Akerman LLP - HR Defense

Professional Employer Organizations: New Tax Services Possible

Currently, Professional Employer Organizations (PEOs) have no comprehensive federal framework under which to offer employment tax collection and remittance services to their clients. The Small Business Efficiency Act (“SBEA…more
| Business Organizations, Labor & Employment Law, Taxation

No, You Cannot Prohibit Employees from Protesting or Discussing Their Wages

A reminder to employers concerned about employees’ discussing their wages or acting in concert to petition for higher wages: This is legally protected activity that employers cannot prohibit or restrain. A recent National Labor…more
| Labor & Employment Law

Supreme Court Rules on, But Fails to Clarify, Pregnancy Discrimination Law

The Pregnancy Discrimination Act extends Title VII’s prohibition against sex discrimination to include pregnancy. It also says that employers must treat “women affected by pregnancy . . . the same for all employment-related…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Employee Handbooks Should Be Reviewed in Light of NLRB Report

Your employee handbook may be unlawful. That’s the takeaway from a 30-page report issued by the National Labor Relations Board’s Office of the General Counsel on March 18, 2015…more
| Commercial Law & Contracts, Labor & Employment Law, Privacy, Intellectual Property

Employers’ Safety Records Will Soon Be a Click Away

Employers should be aware of a proposed OSHA recordkeeping rule that is expected to be issued as a final rule this year. The proposed rule requires employers to electronically report to OSHA data on serious workplace injuries…more
| Labor & Employment Law

Illinois Restrictive Covenants: The “Gray” Bright Line Regarding Sufficient Consideration

Illinois non-compete law continues to wend a circuitous path through the employment landscape, making it occasionally difficult for employers and employees alike to predict outcomes in these cases…more
| Commercial Law & Contracts, Labor & Employment Law, Intellectual Property

Florida Whistleblower Act Objector Must Prove an Actual Violation of Law, Says Second DCA

The Florida private sector Whistleblower’s Act protects employees who object or refuse to participate in a violation of a law, rule or regulation by their employer…more
| Civil Rights, Labor & Employment Law

Employers Cannot Rely on Timekeeping Policies as a Defense to FLSA Claims

An employee's violation of timekeeping policies is not a defense to a Fair Labor Standards Act claim, if the employer knows or has reason to know that an employee underreported his hours, according to a recent decision by the…more
| Civil Procedure, Labor & Employment Law

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
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