BeLabor the Point

A Labor & Employment Law Blog

Imagine this. You hire an HR manager to investigate and resolve internal employee complaints.  You later learn that instead of doing her job, the HR manager is encouraging employees to file Charges of Discrimination and even referring employees to “her” lawyer.  During this time period, the HR manager also files her own Charge. You can fire the HR manager, right?  Well, only if you want to buy yourself a retaliation claim. This was the fact…
I recently had the opportunity to talk with Tallahassee Mayor Andrew Gillum (and Democratic nominee for Florida Governor) about some areas of importance to him.  One of those is an issue called “Ban the Box.” Ban the Box is a proposal that 33 states and 150 municipalities (including Tallahassee) across the country have adopted in some fashion. Ban the Box legislation requires the removal of inquiries on an employment application form about an applicant’s criminal…
Effective September 21, 2018, employers who use outside agencies (consumer reporting agencies) to conduct employee background checks must use a new (and revised)  “A Summary of your Rights Under the Fair Credit Reporting Act” form. This updated form is one of the many notices employers must provide under the Fair Credit Reporting Act. The new form is available here in English and here in Spanish. The new form adds information about an individual’s right to place a…
In April 2019, New Zealand employers will be required to provide victims of domestic violence 10 days of paid leave. The purpose of the paid leave is to allow domestic violence victims to relocate, seek legal help, and address their trauma without fear of losing their income. In Florida, employers (with 50 or more employees) are required to provide eligible employees (employees who have worked 3 or more months) 3 working days of unpaid domestic…
Unemployment rates are at historic lows and the economy is booming! That’s good news for business, right? Yes…and no. While low unemployment creates more demand for the goods and services offered by companies, it also means that employers will have to compete for an ever-shrinking pool of workers. This leaves employers with two options: offer workers better pay or benefits, or lower hiring standards. The prospect of lowering hiring standards is sure to give employers…
I recently spoke at the SHRM 2018 Annual Conference & Exposition in Chicago. My topic was  “Health Issues are Nothing to Sneeze at: Chemical Sensitivities, Bed Bugs, Zika and Flu Shots.” SHRM had over 18,000 attendees. It was a great opportunity to discuss some of the legal issues employers face when trying to manage a disease outbreak and other developing issues impacting employee health. Below are my top takeaways for those of you who were not able…
It is prime time of the year for hiring “interns.” They usually are high school, college or even graduate students looking for work experience. Certain interns may be unpaid (the analysis of whether interns must be paid is an important issue but beyond the scope of this blog post). However, many companies provide paid internships. If the interns are paid employees, you may have to cover them under your employee benefit plans.  At a minimum,…
In 2016, the Equal Employment Opportunity Commission (EEOC) implemented Phase I of its Digital Charge System for employers to interact with the EEOC thru a Respondent Portal, and to access and respond to a Charge of Discrimination. If a Charge of Discrimination has been filed against your company, the EEOC now e-mails the Notice of Charge of Discrimination to employers and provides a password to access the online portal. When you log in, you can…
After years of good fortune, the 2017 Hurricane Season severely impacted most of South Florida and the Gulf Coast. Even those of us who suffered little or no property damage probably lost power for at least a few days, and many had no electricity for weeks.  Businesses had difficulty functioning without electricity, internet access, and safe drinking water.  Many workers were simply unable to come to work – difficulty navigating roads full of debris or…