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Employment Law

If you hire illegal workers, better pay them

11/10/2008

An employee is an employee, regardless of his or her right to be present in the United States and work here. Thus, even illegal immigrants who were hourly employees can sue for back pay if their employers didn’t pay at least minimum wage and overtime.

Take it seriously when employee yells, ‘Stop!’

11/10/2008

Employees who suffer reprisals after complaining about possible discrimination or harassment can sue for retaliation. But they can do so only if they can show they “engaged in protected activity”—that is, that they told their employer about the alleged discrimination or harassment.

Something’s fishy in aftermath of Tampa discrimination trial

11/10/2008

Trevor Johnston, who served on a jury last April that awarded to a former employee of Ernie Haire Ford $5.8 million for age discrimination, claims someone from the Tampa dealership later offered him a bribe to report juror misconduct.

Court: State can ban convicted abusers from working in schools

11/10/2008

Over the past few years, the Florida Legislature has enacted a growing list of restrictions on who can come onto school property. One state law bars anyone convicted of child abuse from school premises.

Have counsel review arbitration agreement

11/10/2008

Do you use an arbitration policy to resolve workplace disputes? If so, it pays to have your attorney review that agreement to make sure it meets Florida contract law standards—especially if you operate in several states and use the same agreement for each location.

Safety Harbor employee wins discrimination judgment

11/10/2008

A Tampa jury awarded $60,000 to Geno Baker, a former maintenance worker in the Safety Harbor Public Works Department, for race discrimination he suffered during his 14-year career with the department.

Sterling Jewelers faces EEOC class-action discrimination suit

11/10/2008

Eight women from the Tampa Bay area have joined an EEOC class-action lawsuit against Sterling Jewelers, owner of Jared, Kay Jewelers and Marks & Morgan stores. The lawsuit alleges that Sterling pays women in retail sales positions less than men and denies them promotions …

FGCU discrimination settlement unsettles athletics department

11/10/2008

Carl McAloose, the former Florida Gulf Coast University athletic director, said it only took him “about five seconds” to decide to resign after he heard the university had agreed to settle with Holly Vaughn, former women’s golf coach, and Jaye Flood, former women’s volleyball coach.

Who pays for unauthorized treatments?

11/10/2008

Q. We have an employee who has had several work-related injuries. Our workers’ compensation insurance carrier, after reviewing the circumstances of the employee’s injuries, has denied her any treatment for a back injury. Even so, she has gone to a chiropractor for treatment 60 times. Her attorney has now filed a petition for benefits with the Judge of Compensation Claims. It seeks authorization for the visits and asks our company and the carrier to pay for all 60 chiropractor visits. If the judge determines that these visits are authorized, are we going to have to pay for all of them?

Will we violate the ADA if we enforce our legitimate lifting restriction?

11/10/2008

Q. Our restaurant has a written requirement that waiters be able to lift, transport and carry objects weighing from 25 to 30 pounds up to 20 or more times per shift. An applicant for a server job has informed us on his application that he has a condition that prevents him from lifting more than 10 pounds and that there are no accommodations that could be made so he can perform all of the job duties. Are we going to be in violation of the ADA if we deny a job to this applicant?