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Employment Law

Employers have burden to prove employee hours fell short of FMLA requirements

12/01/2007

If you don’t track hours worked (for example, if you have exempt employees who come and go as they please), you may find yourself in hot water if you claim an employee hasn’t worked enough hours to be eligible for FMLA leave. The FMLA regulations make it clear that if “an employer does not maintain accurate records of hours worked by an employee … the employer has the burden of showing that the employee has not worked the requisite hours” …

Raymond James sued for discrimination, published denial

12/01/2007

Three former employees of St. Petersburg-based Raymond James Financial are suing the company, claiming they were paid less, passed over for promotions and denied training and perks because they are women. The lawsuit, which follows an EEOC complaint, also includes claims of sexual harassment and race and age discrimination …

Jury: Noose at work doesn’t prove discrimination occurred

12/01/2007

A noose on a table doesn’t mean the same thing to an all-white jury as it does to a 64-year-old black man, says retired city of Cocoa worker James Daniels. A six-member jury dismissed Daniels’ race discrimination lawsuit against the city, which centered on an incident involving a noose left on a break room table. “Most white folks don’t know what blacks go through,” Daniels said …

Health insurer pays $1.8 million to settle sex harassment suit

12/01/2007

United HealthCare of Florida has settled for $1.8 million in a same-sex harassment and retaliation lawsuit involving a former regional vice president. A male senior account executive in the company’s Sunrise office claimed he was subjected to verbal sexual harassment by a male vice president …

Nordstrom faces EEOC suit

12/01/2007

Gloria Pimental, a worker at Nordstrom stores in Wellington and Palm Beach Gardens, has filed an EEOC lawsuit alleging a manager harassed her and other Hispanic and black employees. Pimental claims she was fired when she complained …

The Geo Group hit with religious discrimination suit

12/01/2007

The EEOC has slapped The Geo Group, a Boca Raton-based prison management company, with a religious discrimination lawsuit over the company’s 2005 ban on Muslim head scarves …

Preparing for Florida’s minimum wage hike

12/01/2007

Florida’s minimum wage rises to $6.79 per hour on Jan. 1, 2008. Florida law requires the Agency for Workforce Innovation to adjust the minimum wage annually to reflect changes in the U.S. Consumer Price Index for urban wage earners and clerical workers in the South. The index rose 1.85% in the year ending Sept. 1, 2007 …

‘Unusual’ behavior may signal need for FMLA leave

12/01/2007

Employees who can’t tell their employers they have serious health conditions may still put their employers on notice—and trigger their FMLA rights. “Unusual” behavior alone can be enough to notify a reasonable employer that an employee may have a serious health condition. That unusual behavior can include shouting at a supervisor, a panic reaction or other sudden emotional outbursts …

Train supervisors to keep promotion processes moving

12/01/2007

Have you stressed to supervisors and managers that they shouldn’t let an employee’s promotion paperwork sit on their desks for weeks at a time? If not, do it now. Here’s why: Sitting on a promotion can be an adverse employment action …

One lost lawsuit doesn’t necessarily lead to more

12/01/2007

Has your organization lost a previous race discrimination lawsuit? Ouch! You can bet some of your employees filed away that information for future use. However, you can take heart in a court’s recent decision that having previously lost a discrimination suit doesn’t constitute “proof” that your organization continues to discriminate—unless the new case deals with exactly the same type of alleged discrimination …