BeLabor the Point

A Labor & Employment Law Blog

On March 21, 2019, the Eleventh Circuit Court of Appeals (which covers employers in Florida, Georgia, and Alabama) issued a decision that helps us answer this question: How do employees prove they were victims of unlawful discrimination in the workplace? Lewis v. City of Union City, Ga., No. 15-11362 (11th Cir. Mar. 21, 2019).  For those of you with lots of time on your hands, you can click on the hyperlink and read the 100-page
Unless you recently woke up from a cryogenic slumber, your biometric information is out there. In today’s world, devices scan our palms before taking standardized tests. We unlock our phones with our fingers and our face. And we bicker with our named audio speakers in order to turn down the tunes. But whatever the method, biometric identification devices are mainstream, and employers will have to decide whether using this technology is worthwhile.…
The United States is currently nearing full employment with the unemployment rate under 4%. Such a hypercompetitive labor market calls for innovation and creativity in luring and retaining top talent. A new study that sheds light on how employees value benefits may help employers maximize the “bang for the buck” of benefits packages offered to prospective and current workers. An article published by Bloomberg highlights a National Bureau of Economic Research working paper that reveals…
Recently, an insurance company released a story about a secret contest it launched offering $10,000 to the first person who read their insurance policy. The catch: the only way you could find out about the contest was to actually read the policy. 73 policies were sold and sent out before someone claimed the prize. Insurance policies are not the only important documents that people fail to read. Most people receive a hefty stack of paperwork…
29th Annual Miami Labor and Employment Law Seminar Friday, May 17 | 8am-4:15pm | Hard Rock Stadium   2nd Annual Tampa Labor and Employment Law Seminar Friday, May 10 | 8am-4pm | Tampa Bay History Center   Our annual seminars draw hundreds of human resource professionals, in-house counsel and senior executives from Florida’s top businesses. And for good reason! No one does events quite like we do – our seminars are not just lectures, they are learning experiences. This…
With Super Bowl LIII this Sunday and March Madness fast approaching, it is important to consider the impact of office pools on the workplace. Office pools can build workplace morale and improve employee relationships, not to mention add a little fun to the typical workday. Yet they remain illegal in many states, including Florida.  In a recent article that I wrote for the Daily Business Review, I outlined the practical and legal risks employers should…
Using a vendor for your COBRA compliance does not mean you are safe from claims. The employer bears ultimate responsibility for complying with COBRA. It appears that Pepsico and Lockheed may be about to learn this lesson.  Both were sued recently in Hillsborough County for failure to send proper COBRA election notices after employees terminated employment. In both cases, the COBRA notices at issue appear to be from a third party COBRA administrator. The plaintiffs…
We are pleased to welcome Melanie Leitman to our Labor & Employment Law group. We look forward to Melanie being a part of the continued expansion of our Labor & Employment practice throughout the State. Our Labor and Employment attorneys have established a solid reputation in South and Central Florida for nearly four decades. In 2017, we expanded our Central Florida footprint with the addition of Janet McEnery and Andy McLaughlin to our Tampa office. We…
One of the casualties of the partial government shutdown is the Department of Homeland Security’s E-Verify program. Employers that participate in E-Verify verify the identity and employment eligibility of newly hired employees by electronically matching information provided by employees on the Form I-9 against records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS). While E-Verify is unavailable, employers will not be able to access their E-Verify accounts to: create an…