"Where there's Pepsi, there's music" … is a slogan from a Pepsi marketing campaign. No doubt the EEOC agrees – in 2012, Pepsi paid over $3 million to settle race discrimination claims and agreed to provide job offers and…more
Careful recordkeeping and retention practices in the employment context are required by various federal and state laws, not to mention, essential to protect an employer's interests and limit its liability in the event of an…more
You are the HR leader for your organization. Whether you are an executive, a human resources professional, an attorney, an owner, or – in many cases – hold more than one of these titles, when HR issues arise, they come to you…more
Employers in all industries are well aware of the complexities of the Affordable Care Act, and the seemingly constant barrage of guidance that interprets the health care reform requirements that apply to them. We have a recent…more
I-9 investigations are at an all-time high. Audits of employer I-9 forms increased from 250 in fiscal year 2007 to more than 3,000 in 2012. From fiscal years 2009 to 2012, the total amount of fines grew to nearly $13 million…more
A New York appellate court has ruled that Florida law on non-compete agreements is "truly obnoxious" to New York public policy and cannot be applied against a New York employee of a Florida-based company…more
In a near unanimous decision on Monday, the United States Supreme Court further clarified the multifaceted and oft-litigated issue of whether "donning and doffing" of some protective gear prior to or following a work shift falls…more
In a legal environment where employers often feel the deck is stacked against them, it is good to know that Florida courts will support employers who do not discriminate, when they need to terminate an insubordinate employee. …more
An employee who requested and was granted a lateral job transfer, and later sued for discrimination, was not precluded from claiming that the transfer was an "adverse employment action," according to a recent decision by the…more
Given the opportunity, most defense lawyers will remove an employment discrimination case filed in state court to federal court because federal judges are more inclined to grant summary judgment, i.e. a judgment in favor of one…more
When an employee files a claim under the American with Disabilities Act ("ADA"), two of the key issues for determination are whether the employee is "qualified" for the position and whether the employee can perform the…more
Restaurateurs and wait staff beware: beginning this month, the IRS will classify automatic gratuities not as "tips," but as service charges reportable as regular wages which are subject to payroll tax withholdings.
Florida's minimum wage rate increased to $7.93 effective January 1, 2014. As we reported in November, Florida's minimum wage law requires the Florida Department of Economic Opportunity to recalculate Florida's minimum wage…more
Computers are a doubled-edged sword — vital convenience for everyone while simultaneously a potential source of liability if used improperly by employees. Employers' liability has expanded to the point where an employer may be…more
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
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