Southwest Florida Employment Law Blog : Southwest Florida Employment and Labor Lawyers & Attorneys for Discrimination Lawsuits and Civil Rights Cases in Fort Myers, Bonita Springs & Sanibel FL

Is hiring back on at your company?  I hope so!  With unemployment in Southwest Florida at its lowest level in three years, and with the economy showing signs of life, I wanted to take a minute to highlight an article on hiring I read in this month's Gulfshore Business.

In Hiring Smart:  5 Questions to Ask Job Candidates in 2012, Lori Johnston, with help from Lori Burke of INgage Networks (an HR Law & Solutions Hall of Famer!) and Libby Anderson of Human Resources Now, suggests five questions to consider asking potential candidates in 2012:

*How did you maintain your skills when you were unemployed?

*What other types of jobs are you looking for?

*Why is this job of interest to you?

*Tell me about a weakness you had in your past work performance and how you strengthened it?

*How did you overcome a conflict with a co-worker?

These questions would be a great addition to your list.  Check out the full article here.  For more interview questions, take a look at 17 Interview Questions Hiring Managers Love to Ask and Ask Right to Hire Right:  Effective Interview Questions.  Always remember to avoid questions that are related to any potential protected class, such as an applicant's age, race, religion, national origin, or marital/family status.  Happy hiring!

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Earlier this month, the United States Supreme Court issued a unanimous opinion expressly recognizing "a ministerial exception," which bars "ministers" employed by faith based employers from suing for discrimination. In Hosanna-Tabor Church v. EEOC, the Supreme Court considered the case of Cheryl Perich, an elementary teacher at a Church School. Although Perich was also a commissioned minister, the vast majority of her working time was devoted to teaching secular subjects. Perich took a six-month leave of absence from work after being diagnosed with narcolepsy. When she attempted to return to work, she was informed by her principal that the school already hired a lay teacher to fill her position. The school asked Perich to resign. She refused to quit, stating that she intended to pursue her legal rights. The Church School fired Perich for insubordination, disruptive behavior, and threatening to take legal action against the school. The EEOC sued on Perich's behalf, claiming Perich's discharge constituted unlawful retaliation under the Americans with Disabilities Act.

The Supreme Court held Perich's suit was barred by the "ministerial exception" created by the First Amendment religion clauses. The Court recognized the "ministerial exception" because "requiring a church to accept or retain an unwanted minister or punishing a church for failing to do so, intrudes upon more than a mere employment decision. Such action interferes with the internal governments of the church." The Court did not decide whether the ministerial exception bars other types of employee suits, such as actions for breach of contract or torts.

The Hosanna-Tabor decision grants churches and other religious entities broad discretion in making decisions concerning the employment of their "ministers." Still, employers should still be cautious when making these types of employment decisions, even if the employer believes it will be shielded by the ministerial exemption. Remember, just because you think you have the "right" to do something, does not mean you should do it.

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A couple of events prompted this post.  First, as I was driving to work last week, I saw a car sporting an "Insured by Smith & Wesson" bumper sticker.  Perhaps this will officially out me as an employment law nerd, but, being that it was on a vehicle, this bumper sticker made me think of Florida's Bring Gun to Work, which I've posted about before.  Interestingly (scarily?), that law (Fla. Stat. 790.251) is one of the most searched terms on this blog.

Then, as those of you in this area have undoubtedly heard, there was an incident in Naples where an Ave Maria School of Law student was arrested for attempted murder, after allegedly threatening to shoot and even shooting at two fellow law students. This story has received widespread media coverage.  Of course the local papers like the News-Press and Naples Daily News have covered it with multiple articles, but it was even picked up by national legal publications like the ABA Journal (article) and top legal blog Above the Law(article).

How is this relevant to you and your workplace?  Interestingly (to the employment law dork, at least!), the Above the Law article quotes Ave Maria's spokesperson, who said the school "doesn't have a policy regarding students who are arrested."  Now, this guy was a student, not an employee, but this quote still raises a whole host of issues in my mind.  Should you have a policy on arrests?  Should you have a policy on workplace violence?  What if your employee is arrested for a violent act after hours, remains employed, then later commits a violent act at work?

While I could go on at length about these and other issues implicated here, I want to focus on a couple of things you, as business owners and HR professionals, can -- and should -- do to address violence at your workplace.

More after the jump.

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Henderson Franklin is so excited to announce the 20th Annual HR Law & Solutions seminar will take place March 27, 2012 at Sanibel Harbour Resort & Spa.  To celebrate our 20th anniversary, we have several great topics planned, we are bringing back the hilarious Sean Carter, and we might just have a few surprises up our sleeves! 

Registration will open in the beginning of February.  Thank you for your continued support of our seminar -- we are looking forward to making it the best yet, and can't wait to share all we have planned with you.

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Happy New Year!  Can you believe it is 2012?  Employees who make minimum wage can ring in 2012 by celebrating their 36-cent per hour raise.  That's right, as we told you back in November, Florida's minimum wage increased to $7.67, effective today.  The minimum wage for tipped employees also rises 36-cents, to $4.65. 

Employers must ensure they make the appropriate payroll changes to comply with this change.  Also, remember to switch out your 2011 minimum wage posters for the 2012 versions.  If you have not already done so, you may download the 2012 Florida version in English here, and in Spanish here.  The federal minimum wage poster has not changed, but still must be posted.  It can be downloaded here.

Best wishes for a happy, prosperous 2012!

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