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Employment Law

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?

Call security! But don’t micromanage them

11/07/2008

If you hire a security company to help keep your workplace safe for customers and employees, make sure your supervisors don’t wind up providing specific direction to the guards the company assigns to your company. If you and your staff resist the temptation to control their every move and give them just general instructions, the security company and its guards remain independent contractors. That’s important for liability reasons.

Track all discipline to show unbiased process

11/07/2008

The key to a sound discipline policy is equal treatment for all who commit similar offenses. You can’t decide to treat some employees more leniently than others without very good reason. And you’d better nail down that reason at the time you make the decision—not months or years later, after another employee has sued.

Suit: Times Square waitresses had to serve more than drinks

11/07/2008

Four women who once worked at Hawaiian Tropic Zone—the Times Square restaurant that The Gothamist says “makes Hooters look like Chuck E. Cheese”—have filed a $600 million lawsuit claiming supervisors forced female employees to have sex.

Make it there, make it anywhere: Don’t let NYC’s tough bias rules beat you

11/07/2008

If you have employees or operations in New York City, your sexual harassment and discrimination policies must reflect the strict rules employers are required to follow under the New York City Human Rights Law. It all adds up to a challenging HR environment. Your best bet in New York City—adopt a zero-tolerance policy for any sort of sexual, racial or other harassment.