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Employment Law

Make sure your policy is understood before rejecting applicants because of bankruptcy

11/09/2009

As the effects of the recession linger on, personal bankruptcy filings are still climbing. If you’re a private employer that doesn’t want to hire managers who can’t handle their financial affairs, be careful before rejecting someone because he’s filed for bankruptcy.

When deciding reasonable accommodations, assess disability on individual basis

11/09/2009

Employees who become partially disabled sometimes ask for accommodations that may go beyond what they truly need or beyond what their employer believes the law requires. Then, when the employer turns down the request, they sue, alleging failure to accommodate. To counter such claims, keep good record …

Ratting out co-worker is whistle-blowing

11/09/2009

Employees who report wrongdoing by other employees are protected from retaliation by the Florida Whistleblower Act. The law covers objecting to or refusing to participate in an employer’s illegal activity, policy or practice, or an illegal activity of anyone acting within the legitimate scope of employment for the employer.

Review postings to be sure they’re up-to-date

11/09/2009

Now is a good time to make sure you have properly posted all required workplace notices where employees can see them. Take inventory and update any posters that have changed as a result of new laws and regulations.

Check your OSHA records!

11/09/2009

OSHA is conducting a “National Emphasis Program” targeting employer record-keeping of workplace accidents and injuries. As part of the program, OSHA inspectors will be checking employer records and taking enforcement action “when employers are found to be under-recording injuries and illnesses.” Advice: Firm up workplace illness- and injury-reporting practices before federal inspectors drop in for a visit.

Hilton Grand Vacations hit with pregnancy bias charge

11/09/2009

The EEOC has filed pregnancy discrimination charges against Orlando-based Hilton Grand Vacations after the company failed to rehire a worker who resigned to deal with pregnancy-related health problems.

Hillsborough County settles harassment case against politico

11/09/2009

In a conclusion to a lurid case that has made headlines for more than two years, former Hillsborough County legislative assistant Alyssa Ogden has been awarded $75,000 for enduring constant sexual propositions from County Commissioner Kevin White.

DCF whistle-blower wins $1 million verdict

11/09/2009

Gerolyn Shapiro, a former child welfare investigator, sued the Florida Department of Children and Families (DCF) for wrongful termination and retaliation under the state’s whistle-blower statute. A jury awarded Shapiro $1 million.

What counts as a true meal break?

11/04/2009

Q. Sometimes we hold important meetings at lunch and provide food. An employee then takes her lunch hour after. Can we tell her she can’t do that?

Sears pays $6.2 million in record-setting ADA class-action settlement case

11/03/2009

Sears agreed last month to a $6.2 million settlement with the EEOC over charges that it violated the ADA. This is the largest ADA settlement in a single lawsuit in ADA history.