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Employment Law

Memo to staff: Put up with those you dislike

12/09/2008

What if an employee files a discrimination complaint with the EEOC and then suddenly finds herself having to work with someone she deems undesirable? Can she sue and allege that transferring the person she doesn’t like into her work section amounts to retaliation for filing the EEOC complaint?

Act fast to handle initial harassment claims

12/09/2008

The HR office is often the first stop an employee makes before filing a lawsuit alleging supervisor harassment. How you handle the initial complaint can mean the difference between stopping a problem before it gets out of hand and losing a lawsuit.

Florida workers’ comp premiums to drop again

12/09/2008

The workers’ compensation premiums Florida employers pay are set to drop for the sixth time in the past five years, and by a record amount. Insurance Commissioner Kevin McCarty approved an 18.6% rate cut.

Check the medical documentation: FMLA doesn’t automatically apply to ER visits

12/09/2008

You don’t need to give employees FMLA leave just because they have a discharge sheet from a hospital emergency room. The real question is whether the medical condition that prompted them to visit the ER was a serious health condition.

Remind managers: Comments about weight can trigger harassment complaints

12/09/2008

When people lose their jobs, they often look for some reason other than their own poor performance. And since they are off work, they have lots of time to think about the past, including real or imagined slights they endured at the hands of co-workers and supervisors.

Go ahead and settle overtime cases, but know what you’re buying when you do

12/09/2008

If an employee thinks he isn’t being properly paid for overtime, expect a lawsuit. You may be able to settle such a case—at a price. It will likely be expensive, covering attorneys’ fees as well as the lost wages. Plus, the court will carefully scrutinize the settlement to make sure it’s fair.

DOL gets free pass when suing employers for wage violations

12/09/2008

Employers, beware: The 11th Circuit Court of Appeals has just made it much easier for the DOL to file lawsuits against employers. All the DOL needs to do is file a complaint alleging unpaid wages.

Florida Supreme Court sides with employees in fee dispute

12/09/2008

It just became more expensive for employers and their workers’ compensation carriers to handle workplace injuries. The Florida Supreme Court has ruled that attorneys representing injured workers are entitled to “reasonable attorneys’ fees,” which can far exceed those set by the workers’ compensation statute.

‘Sunshine Troublemaker’ puts heat on school districts

12/09/2008

Encouraged by a victory in Polk County Circuit Court, Lakeland resident and public-records gadfly Joel Chandler submitted public records requests to the state’s 67 school districts demanding the names, addresses, ages and telephone numbers of every person covered by the districts’ health insurance plans.

The problem with working: having to do work

12/09/2008

Tired of working, but still need a paycheck? Keith Smith apparently found a solution to that age-old problem, if only temporarily.