Southwest Florida Employment Law Blog

LGBT, Social Media and EEOC Charges to be addressed at Fall Employment Law Conference

Posted in Family Medical Leave Act (FMLA), HR Seminars, Social Media, Wages & Overtime

radical color copyWe are excited to announce that Suzanne Boy will be presenting at the Florida Law Alliance Employment Law Conference, taking place on Thursday, November 12, 2015 at the law offices of Hill, Ward & Henderson in Tampa, Florida. Henderson Franklin is a member of the Florida Law Alliance, a group of six independent law firms practicing throughout Florida. The firms have combined their knowledge, efforts, and resources to increase efficiency, lower costs, expand the scope and improve the quality of legal services each firm provides to its own clients.

Topics and Speakers

Avoiding and Defending Wage and Hour Class and Collective Actions presented by Attorney Craig Salner from the Clarke Silverglate firm in Miami. Employers know that the only lawsuit you win is the one that never gets filed. In the case of wage and hour litigation, this is particularly true of collective actions under the Fair Labor Standards Act (“FLSA”) and class actions under State law counterparts. This presentation will focus ways to defend class and collective actions or better yet, avoid them altogether. Continue Reading

Department of Labor Investigator to Speak at SHRM SWFL About Wage/Hour Issues

Posted in HR Seminars, Wages & Overtime

I am very excited to announce that Paul Dean, a local investigator with the Department of Labor (DOL), will speak at next week’s SHRM SWFL meeting about various wage/hour issues. No, I am not excited because my favorite group of HR professionals plans to throw food at Paul (if you’re reading this, Paul, I promise we won’t do that!). I am excited because this is an excellent opportunity for employers to learn straight from the DOL – the agency charged with enforcing the ever-changing and ever-dangerous wage/hour laws. Paul will address important issues that impact nearly all businesses, including exemptions from overtime, record-keeping requirements, deductions, and tip credit issues.

The meeting is Wednesday, August 12, 2015 at Crowne Plaza Bell Tower. Registration begins at 11:00. $21.00 for SHRM SWFL members, $25.00 for non-member. Click here to register: I hope to see you there!

Image courtesy of wikimedia commons

Suzanne Boy to present at Southwest Florida Symposium on Addiction in the Workplace

Posted in HR Seminars

Boy low resAddiction is one of the most prevalent and costly issues affecting businesses today. Yet the strategies employed by most human resource professionals have changed very little since the Drug Free Workplace Act was signed into law in 1988. Human resource professionals will have an opportunity to hear from national and local experts who will deliver cutting-edge information and practical tools to address this significant problem.

The Hazelden Betty Ford Foundation, SHRM SWFL and the Bonita Springs Area Chamber of Commerce will present “New Strategy and Tactics for HR Professionals to Address the Largest Threat to Workplace Health” on August 11, 2015 from 7:30 a.m. to 4 p.m. at Florida Gulf Coast University in Edwards Hall 112 in Fort Myers. Patrick Nolan, anchor and journalist from WFTX-TV, will provide opening remarks and introductions. Cost for the full day is $25 and includes breakfast and lunch. Attendees will receive up to eight certification credits through HRCI and SHRM and a newly released research update will also be distributed to the attendees upon completion of the program.

Speakers and Topics: Continue Reading

Yikes…Uber Drivers are Employees, Not Independent Contractors?

Posted in Department of Labor

Uber_app_icon - wikimedia commonsRonald Reagan famously once said: “The nine most terrifying words in the English language are ‘I’m from the government and I’m here to help.'”

On January 13, 2015, the State of Florida entered into an agreement with the U.S. Department of Labor (“DOL”) with the goal of preventing the misclassification of employees as independent contractors. It is part of DOL’s “Misclassification Initiative.” Nationally, this initiative has meant a significant increase in the number of investigations undertaken by DOL, and Florida employers can expect greater scrutiny in light of the agreement with DOL.

How’s the initiative going so far? Two very recent cases caught my attention. Just a few days ago FedEx settled with the DOL by agreeing to pay $227 million to delivery drivers in California that were classified as independent contractors. FedEx will bounce back – aren’t drones going to be delivering packages soon anyway?

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USCIS Clarifies Agency Policy on Amended H-1B Petitions

Posted in Immigration, Visas

The H-1B visa category applies to foreign workers performing services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability. Prospective specialty occupation and distinguished fashion model employers must obtain certification of a Labor Condition Application for Nonimmigrant Workers (LCA) from the U.S. Department of Labor (DOL) prior to filing a petition for an H-1B worker. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to the employer.

On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), holding that a transfer of an H-1B employee to a worksite location within a geographical area which would require the posting and certification of a new LCA, may affect the employee’s eligibility for H-1B status; and is therefore a material change in the terms and conditions of employment requiring the filing an amended or new H−1B petition with corresponding LCA. Despite the AAO’s assertion to the contrary, this decision represents a significant change to previous agency interpretation and practice regarding the need for an amended H-1B petition in cases where an H-1B worker is transferred from one worksite to another.

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Workers’ Compensation Update – 2015 HR Law & Solutions

Posted in HR Seminars, Workers' Compensation

hurted hand and work injury claim formAttorneys David Roos and Michael McCabe met with several attendees at the HR Law & Solutions seminar last month, in a question and answer session to address specific issues from a workers’ compensation perspective. A major focus of the questions centered around the extent to which HR policies, practices, and procedures would be affected by a pending workers’ compensation claim. Questions also addressed how much control an HR manager or employer has over issues that would normally result in disciplinary actions, including termination.

Have Consistent Policies and Procedures

David and Mike explained that an employer retains the same level of control over employee conduct regardless of a pending workers’ compensation claim, and that an employer could exert that control through consistent implementation of HR practices and procedures. According to David and Mike, this would eliminate potentially expensive employment law actions such as retaliatory discharge. HR professionals need to maintain the same practices and procedures that apply to all employees, and need to keep in close contact with their insurance company adjuster and defense attorney (if one has been retained) to make sure that the employer is aware of how an HR decision affects the pending workers’ compensation claim. Understanding how HR decisions, such as termination, affect the underlying injury claim allows the employer to understand how those decisions will increase (or decrease) the costs of a workers’ compensation claim – and ultimately future insurance premium increases.

When Does Termination Affect Workers’ Compensation Benefits? Continue Reading

Intermittent FMLA Leave: A Chronic HR Headache (Part II)

Posted in Family Medical Leave Act (FMLA)

7K0A0129This blog is a sequel to my previous post summarizing the rules and regulations governing an employee’s use of intermittent FMLA leave, which you can find here.

Managing employees’ requests for intermittent FMLA leave can be complicated and frustrating. Intermittent leave is difficult to track. It is often abused (or is it merely coincidental that leave is most often requested for a Friday, Monday, or the day before a holiday?!). Intermittent leave causes workplace disruption—especially when it is unforeseeable. Employee morale is often affected when co-workers are forced to pick up the slack for an absent co-worker. Although employees on intermittent leave may be temporarily reassigned to a different position, they must still be restored to their original position at the end of the approved leave period. No wonder that FMLA leave is a chronic HR headache!

Here are a few tips for treating this chronic headache: Continue Reading

Intermittent FMLA Leave: A Chronic HR Headache (Part I)

Posted in Family Medical Leave Act (FMLA)

clock flickr katerhaAt HR Law & Solutions last month, attendees asked tough questions about handling requests for intermittent leave under the FMLA. I promised to write a blog post summarizing current rules and regulations, so here goes:

Intermittent leave is FMLA taken in periodic short blocks of time for a single FMLA qualifying reason. Common reasons for intermittent leave include time off for an employee’s occasional medical appointments, flare-ups of a chronic condition (ex. migraines), or periodic treatment of an ongoing disease (ex. chemotherapy). Intermittent leave can also be taken for a family member’s serious health condition or for military caregiver leave. Employers must also grant intermittent leave to an employee whose spouse, parent or child is called up for active military duty.

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Seminar Wrap-Up and NLRB Report on Handbook Policies

Posted in Employee Handbooks, HR Seminars

IMG_3428We want to send a special THANK YOU to the more than 300 of you who attended HR Law & Solutions last week. It is always such a pleasure for all of us – it feels like an annual reunion! Congratulations to all of our raffle winners, and especially to our new HR Law & Solutions Hall of Fame recipients (pictured left to right): Patti Reigle (of Digestive Health Physicians), Fran Barker (of Physicians’ Primary Care), and Kim Hopkins (of McGregor Baptist Church.

As I mentioned during our What Would You Do? session, the National Labor Relations Board (“NLRB”) recently issued a report on employer handbook policies. It is…interesting, to say the least. The report gives examples of (supposedly) lawful and unlawful handbook policies on issues like confidentiality, conduct toward supervisors and fellow employees, conflicts of interest, and employees leaving work. Generally, “lawful” vs. “unlawful” turns on whether the NLRB thinks the particular policy infringes upon employees’ Section 7 right to engage in concerted activity regarding terms, conditions, or privileges of employment.

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