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Employment Law

The Florida tests: Are workers employees or independent contractors?

03/09/2009

Recently, we addressed the risks involved in misclassifying employees as independent contractors and explored the three federal tests for getting it right. Be aware that Florida has own laws for determining whether a worker is an employee or an independent contractor. Along with the federal standards, you need to be familiar with the Florida tests.

What do the workers’ comp rules say about employee’s flexibility to choose a psychiatrist?

03/09/2009

Q. An injured employee has requested a change of psychiatrist under Florida’s Workers’ Compensation Act. He never visited the originally assigned treating psychiatrist. Must we give the employee a choice of three other psychiatrists?

Can employee on workers’ comp who has already changed doctors now pick out a specialist?

03/09/2009

Q. One of our employees who is receiving workers’ compensation benefits and receiving treatment for a work-related accident already changed his primary care doctor once. He now wants to change to an orthopedic physician. Is he entitled to another physician in a different medical specialty?

Can we prohibit salary talk?

03/09/2009

Q. As an alternative to layoffs, our company has cut employee wages. We decided to do that instead of reducing their hours. While the employees have agreed to this (hopefully) temporary measure, supervisors have received reports that workers have been discussing their new wages and salaries with one another. Our executives want to direct all employees not to discuss their wages and salary information with others. Is it legal to enforce such a rule?

Agree if returning worker proposes new exam

03/06/2009

Employees who take leave because of a disability may be entitled to a reasonable accommodation when they return to work. But, as an employer, you have the right to decline an employee’s return if you genuinely believe she won’t be able to perform her job. But if the employee proposes undergoing a medical or psychological exam to prove she is fit to return, cooperate.

It’s up to you to establish exempt status

03/06/2009

To avoid paying overtime and keeping track of every minute employees spend on the job, many employers reflexively classify employees as exempt rather than hourly employees. But many employers get it wrong—and that can be costly.

Worker not returning from FMLA leave? Terminate, but pay benefits for full 12 weeks

03/06/2009

What should you do if you learn that an employee who is out on FMLA leave will not be able to return when her 12 weeks of unpaid leave are up? If you are absolutely sure that she can’t claim she is disabled under the ADA, you can terminate her. But you still must continue providing any benefits she was receiving while on FMLA leave, such as medical premium payments.

Offer alternatives to layoffs—but don’t expect your good deed to go unpunished

03/06/2009

Courts understand that today’s economic climate is difficult. They aren’t likely to assume a company is restructuring or downsizing solely to “get” some employees. That’s especially true for employees lucky enough to be offered an alternate position—and then turn it down in order to sue.

Take strong stand against harassment with policy—and punishment for harassers

03/06/2009

There’s no sure way to protect your organization from a rogue supervisor who sexually harasses a subordinate. However, you can reduce your liability with a strong, proactive stand against any supervisor/subordinate personal relationships.

Post promotion opportunities, keep records of applications

03/06/2009

Base your promotion process on a well-publicized system of posting opportunities and tracking applicants—not word of mouth or personal recommendations. It’s the best way to prevent failure-to-promote lawsuits. After all, if you can show an employee didn’t apply for a promotion, the case disappears.