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Employment Law

Feds launch contractor crackdown, offer amnesty deal

11/15/2011
If you’ve been worried that some of your workers may be incorrectly classified as independent contractors, but leery about opening a legal can of worms to fix potential problems, take note: Uncle Sam is raising new threats with one hand … and offering to cut you a break with the other.

Freeport firefighter claims union talk led to firing

11/09/2011
Legal action is heating up the Panhandle town of Freeport, after firefighter John Carter sued the mayor and the fire chief.

ACLU, TSA settle case of HIV-positive applicant

11/09/2011
The federal Transportation Security Administration has settled a lawsuit brought by the national ACLU and its Florida chapter. The ACLU filed an administrative complaint on behalf of an HIV-positive Air Force veteran who was rejected for a job as a transportation security officer because of his HIV status.

You’re hired! Oh, you’re pregnant? You’re fired!

11/09/2011
Capri Healthcare in Clearwater is being sued following an EEOC complaint that it rescinded a job offer as soon as it found out its new employee was pregnant.

Warning letter typically isn’t an adverse reaction

11/09/2011
Not everything negative that happens to an employee is the basis for a lawsuit. Employees have to allege both that they were on the receiving end of some sort of negative feedback and that there were consequences that changed the terms and conditions of employment.

Courts won’t second-guess honest business decisions

11/09/2011
Courts hesitate to second-guess an employer’s decision to cut staff for economic reasons. Generally, employees have to challenge such decisions head on, with direct evidence of discrimination. That’s hard to do.

Employee sues for bias? Check lawsuit claims against original EEOC complaint

11/09/2011

A court has clarified that the EEOC isn’t required or expected to look beyond what an employee states in his agency complaint when investigating it. That means that if an employee fills out the form herself and doesn’t provide enough information to trigger suspicions that discrimination has occurred, chances are the matter won’t go further.

Warn supervisors: It’s not your job to question why employees take FMLA leave

11/09/2011

Employees can’t be deprived of FMLA leave as long as they meet the law’s requirements for length of employment and hours worked and must deal with their own or a family member’s serious health condition. After FMLA leave has been approved, it’s a huge mistake to question employees about how they use their leave. Essentially, doing so may be interpreted as interference with the right to take leave.

Stearns bill would eliminate low wage for disabled

11/09/2011
Rep. Cliff Stearns, who represents Florida’s 6th Congressional District, has proposed legislation to amend the Fair Labor Standards Act, abolishing a provision that lets employers pay less than the minimum wage to some disabled workers.

When can you fire worker who filed complaint?

11/09/2011

Employees often mistakenly believe that if they complain to HR about discrimination or harassment, they somehow become untouchable. They assume that anything negative that happens shortly after must be retaliation. That’s simply not the case. If the employee breaks a rule, he’s not immune from the usual and customary punishment.