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

Happy New Year! I hope you all enjoyed the holidays. 2013 didn't start off slowly, that's for sure -- fiscal cliff anyone? As I'm sure you all know, late last night Congress passed the American Taxpayer Relief Act, designed to avoid the dreaded fiscal cliff. What does this mean for employers? In short, lots of payroll updates and tax issues! 

Now, anyone who knows me knows I'm not the biggest fan of anything math or numbers related (apologies to my father, a CPA!), and I always defer any tax issues to our corporate/tax attorneys. I did, however, run across across a couple of great articles on the payroll/tax issues, and I thought I'd share with our readers.

First, Forbes published 4 Important 2013 Payroll Updates & Tax Changes for Small Business. It explains important changes with federal income withholding tax, social security, and Medicare that must be dealt with ASAP in payroll. Click here for the article.

Next, local CPA firm Markham Norton Mosteller Wright & Company (a new HR Law & Solutions sponsor!) posted a very detailed update on its blog today. Though much of the post is geared towards individual tax provisions, it addresses many of the business provisions as well. Click here for the post. 

If you have specific tax questions, please let me know, and I can put you in touch with one of our corporate/tax attorneys.  In addition to the tax/payroll updates, remember the minimum wage in Florida went up on January 1.  Make sure you've adjusted payroll accordingly, and posted the updated notices. Check out my prior post (click here) for more information.

Best wishes to all of you for a healthy, prosperous 2013!

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We are currently working on a switch to a new feed management platform Aweber, from our current platform, Feedburner.  Aweber will, among other things, allow us to get email notifications of blog posts out to you immediately, instead of the morning following the post.

This switch will eliminate your current subscription to the blog.  Over the weekend, I will manually re-subscribe all current subscribers.  You will, however, have to confirm your subscription, so please be on the look out for an email asking you to confirm.  If you have not received the email by Monday (and it's not in your spam folder), please let me know and I will try again.

I am excited about this change.  It is one of the few we'll be rolling out over the next couple of months in as Southwest Florida Employment Law Blog continues to grow and evolve.  Along those lines, any feedback you have is always welcome.  What are your favorite features/articles on the blog?  What would you like to see more of?  Less of?  Any particular topics you would like us to cover?  Please feel free to email me at suzanne.boy@henlaw.com, or post your suggestions in the comments below.

As always, thank you for your continued interest in the Southwest Florida Employment Law Blog!

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*Note to readers:  We've had multiple requests to bring back Miss Blu, so here we go!  From now on we will feature a Miss Blu Employee Handbook Policy every other month. 

For those of you who have asked, I am not Miss Blu.  As her bio states, Miss Blu is the alter ego, if you will, of an actual HR professional here in Southwest Florida.  I've had a few guesses as to Miss Blu's identity, but so far no one has been close.  Besides, I've been sworn to secracy, so I'm not going to spill even if you're right! 

We start with a Miss Blu policy I'm sure anyone with teenagers or other avid texters can appreciate -- text speak!  Hope you all enjoy.  Suzanne*

MEMO

F$om: Miss Blu* n HR

2: ees

Re:  Texting Policy

U can't text ur boss, k? not allowEd.  :(  u will b fiiiired if u do per ceo eff now.  C HR w ?s, k?

*Miss Blu is the nom de plume for a Human Resources professional who lives and works in Southwest Florida. You can find her complete biography here.

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I was asked recently whether an employer could require employees to submit to a lie detector test.  The answer, in almost all cases, is no.  The Employee Polygraph Protection Act of 1988 generally prevents employers from using lie detector tests either for pre-employment screening or during the course of employment, with certain limited exceptions. 

The EPPA prohibits an employer from requiring (or even asking) an employee or prospective employee to take a lie detector test.  It also prohibits an employer from using or inquiring about the results of any lie detector test taken by an employee or prospective employee.  Finally, the EPPA prohibits employers from discharging, disciplining, discriminating against, or denying employment to any employee or prospective employee for refusal to take a lie detector test, among other things.

Government employers are typically exempt from the EPPA.  All employers who are subject to the EPPA are required to post a notice on its premises.  You can download a copy here.  A good spot would be the location where other workplace notices -- OSHA, FLSA, etc. -- are posted.

If you have questions about the limited circumstances under which a private employer may use a polygraph test, please consult counsel before taking any action in that regard.  The EPPA not only allows the Department of Labor to assess money violations of up to $10,000 per violation; it also allows employees to bring a civil action for damages against the employer.  Better safe than sorry!

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This has been a very exciting year for all of us here in Henderson Franklin's Employment Law Practice Group.  Early in 2010 we started this blog, Southwest Florida HR Law & Solutions, the first employment law blog in Southwest Florida.  In April 2010 we hosted our 18th Annual HR Law & Solutions Seminar, and presented to a record 280 attendees.  The practice group has grown to include five attorneys, and we have had the privilege of not only working with our many long-standing clients, but establishing relationships with numerous new clients. 

Looking ahead to 2011, we have many exciting things on the horizon.  First up is a presentation on January 26, 2010 at Charlotte County SHRM.  In March, we will be sponsoring the HRMA of Southwest Florida luncheon here in Fort Myers.  On April 26, 2011 (SAVE THE DATE!) we will host the 19th Annual HR Law & Solutions Seminar at Pelican Preserve.  While it will be hard to top the 2010 seminar, we are already hard at work planning the agenda.  In 2011 we will feature two guest speakers, who will be profiled here in the coming weeks.  Later in the year we will host another Executive Forum.  In addition to our speaking engagements, I will be updating the blog more frequently -- I have been collecting articles, news stories, and other tidbits for upcoming posts.

Thank you all for your support over this past year.  We are very much looking forward to 2011 -- Happy New Year everyone!

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MEMO

From:  Miss Blu in HR

To:  All Employees

Re:  Perfume Assaults Policy

It has been brought to the attention of HR that some employees feel (okay, ONE employee feels) assaulted by the ridiculous amounts of perfume some of you are wearing, so HR created the following policy, which is effective immediately.

Perfume Assaults Policy:  It is this Company's policy that all employees shall refrain from assaulting other employees with perfume.  As you all know, some of us (or one of us!) may be allergic or have some sort of other aversion to smelling perfumes or other scents, and of course HR must try to accommodate these people.  Thus, all employees are forbidden from wearing perfume in the office, because heaven forbid the perfume waft over into someone else's breathing space.  Spraying perfume or any other scent on yourself while in the office is strictly prohibited.

As part of your daily grooming practices, you may use hair products, deodorant, and the like.  However, none of these products can be scented/perfumed because if someone smells you, they may be assulted, and you know we cannot allow that to happen.

HR will begin to patrol the office to ensure compliance with this policy.  Those employees found smelling too "perfumey" will be sent home to re-groom in accordance with this policy.  Repeat violators will be disciplined.

*Miss Blu is the nom de plume for a Human Resources professional who lives and works in Southwest Florida.  You can find her complete biography here.

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 MEMO

From:  Miss Blu* in HR

To:  All Employees

Re:  Birthday Decorations Policy

HR has recently learned that some employees are discussing and even <gasp> displaying other employees' ages on birthday decorations in the workplace.  In this day and age of getting sued for everything, the Company simply cannot tolerate the added risk of an age discrimination lawsuit based on such shenanigans.  Therefore, HR has written the following Birthday Decorations Policy:

                                                              Birthday Decorations Policy

Effectively immediately, no one is allowed to discuss their ages with their co-workers -- not even on your birthday.

If you are hosting a little cubical party for one of your co-workers and are tempted to get an "Over the Hill" banner, do not, or you will be found to be in violation of this policy.  And don't even think about buying brightly colored Mylar balloons that say something like "Happy 30th Birthday."

Additionally, numbered birthday candles for the top of a cake for a co-worker's birthday cake will not be tolerated. If numbered candles are found, the perpetrator will be forced to eat the wax candles in front of the HR Director and then send a company-wide email admitting violation of this policy and apologizing to the birthday person.

In fact, come to think of it, wishing someone a happy birthday is too risky as well, as it indicates that person has turned another year older and, by acknowledging the birthday, the company could be blamed for age discrimination. So you are forbidden from wishing any co-worker a happy birthday effective immediately.

HR is committed to keeping this company protected from getting sued for birthday-related age discrimination, so we will be patrolling the halls looking intently for someone who is in violation of this policy, especially on days we know (and, after all,  we are HR and we know everything!) to be someone's birthday.

 *Miss Blu is the nom de plume for a Human Resources professional who lives and works in Southwest Florida.  You can find her complete biography here.

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MEMO

To:   All Employees  

From:   Miss Blu* in HR

Re:  Workplace Policy #101:  Drinking at Company Party

As you are aware, the company party is coming up this weekend. HR is concerned that some employees will get snockered at this event. Since some of those in HR plan on getting wasted as well, HR has put into place some guidelines for all employees who choose to consume alcoholic beverages. 

You should have someone who is sober drive you home or you should have someone call you a cab if:

• You are taking off articles of clothing (you have had too much to drink)
• You are vomiting at any point in the evening (you have had too much to drink) 
• You are starting to bad mouth the boss and/or company (you definitely have had too much to drink) 
• You are falling down, "tripping" or running into walls or other objects (you are drunk)
• You start hitting on the busboy in front of your date/escort (you are probably intoxicated and should seek alternate ways home, unless the busboy offers to take you home, then your problem is solved)
• You think you sound good when you sing the karaoke version of My Achy Breaky Heart (enough said -- you are wasted)

HR requests that the above guidelines be followed on Saturday. If anyone has any questions, please see HR. Failure to follow these guidelines could result in disciplinary action, up to and including immediate termination.

*Miss Blu is the nom de plume for a Human Resources professional who lives and works in Southwest Florida.  You can find her complete biography here.

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President Obama signed the HIRE Act, a $17.5 billion jobs bill, into law earlier today.  The bill includes tax breaks for small businesses and highway program funding intended to promote job growth.

Small businesses that hire out-of-work employees will be exempt from paying the 6.2 percent Social Security payroll tax through December.  To qualify, the employee must have been unemployed for at least 60 days.  Businesses would also get a $1,000 tax break if they keep the worker for at least one year. 

According to the President,

"Many [small businesses] are on the fence right now about whether to bring on that extra worker or two, or whether to hire anyone at all.  This jobs bill should help make that decision much easier."

In addition to the tax breaks for small businesses, the HIRE Act also extends the Highway Trust Fund so states can continue funding transportation construction jobs.

The HIRE Act is the first in a series of jobs packages designed to accelerate the rebuilding of the economy and help millions of unemployed workers get back to work.  

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