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Employment Law

Are meal and rest periods mandatory?

11/10/2008

Q. We run a manufacturing facility, and our production needs do not always permit our employees to take breaks during the workday. A group of employees have complained that we are required by law to provide rest breaks and a lunch break during their shifts. Are they right?

Is BlackBerry use compensable time?

11/10/2008

Q. We provide PDAs to virtually all our employees, some of whom are nonexempt. This enables them to send and respond to e-mails at all hours of the day and night. Does an employee’s time spent on his or her PDA outside of work count as hours worked?

Planning a holiday party? Make sure it’s off the clock … and alcohol-free

11/10/2008

December is the time for holiday parties. If you throw an employee bash that involves alcohol, make sure no one is on the clock or has to work on behalf of the organization. Better yet, don’t provide alcohol.

How old are your employees’ covered dependents?

11/10/2008

At least 30 states require organizations that offer health benefits to employees’ dependents to include children up to age 30—and the number is growing. They are reacting to the growing number of young adults who do not have health insurance.

HR and the bailout: Bill includes key mental health coverage

11/10/2008

The massive $700 billion financial rescue bill that President Bush signed into law on Oct. 3 contained dozens of measures that have nothing to do with bailing out Wall Street or shoring up credit markets. Among them: long-awaited legislation that bans health insurers from imposing stricter limits on coverage for mental health and substance-use conditions than those set for other health problems.

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.