Category Archives: Employment Law
Do You Have to Provide Employees Intermittent Leave?
If you have an employee with a disability or illness, you may already be aware that you are obligated to provide them some type of leave, or absence, or accommodation (depending on the situation and the applicable law that applies to that situation). And if it is apparent that as part of an accommodation,… Read More »
What To Do When An Employee Wants A Religious Exemption For A COVID Vaccine
If you have a private business, you have the right to require that employees be vaccinated for COVID-19. However, the law has a number of exemptions including for those employees who say that getting vaccinated is against their religious beliefs. Forcing employees to be vaccinated when it is against their religion, and then firing… Read More »
What Is – And Is Not – Marital Status Discrimination?
If you have an employee who alleges that they are being discriminated against because of their marital status, be it single, married, divorced or something else, is that a valid claim? Do you, as an employer, have to worry about being sued because you treated someone unfairly based on their marital status? Marital Status… Read More »
Do You Have To Accommodate An Employee With Fibromyalgia?
Fibromyalgia may be one of the lesser known diseases or ailments, and so when an employee comes to you asking for accommodations, you may be unsure of whether or not you have to provide these. The Americans With Disabilities Act Remember that the Americans With Disabilities Act does not have a specific list of… Read More »
Can You Require Your Employees To Get Vaccinated For COVID?
If you are an employer in Florida, you may be thinking of requiring your employees to be vaccinated against COVID. However, there is a lot of confusion about whether this is legal and how it can be implemented. Here are some guidelines on Florida Law, related to the mandatory vaccination of employees. Employees Must… Read More »
Can You Be Sued For Discrimination On The Basis Of Sexual Orientation?
Most of us know that it is illegal to discriminate in the workplace based on gender, sex, race, religion, disability and a host of other factors. But what about gender identity, or sexuality? Can someone sue, saying they were fired, or that they weren’t hired, because they are LBGTQ? Harassment is Almost Always Illegal… Read More »
HIV Discrimination In The Workplace
With the advent of new medicines and treatments, thankfully, HIV and AIDS is now treatable, allowing patients to live long, complete lives. However, that should not take away from the fact that HIV is still a recognized legal disability, and as such, employers need to be careful not to discriminate in the workplace against… Read More »
FAQs About Your Business And Social Media
Today, it is likely that your business has a social media presence, or that you, personally, have a social media site or page. Many people post on social media to promote their business, which is a good idea. However, many people are also unaware of the social media ramifications of some of the things… Read More »
Google Accused Of Taking Advantage Of Attorney Client Privilege
Most business owners know about attorney client privilege, and about how communications to your business or other type of attorney can never be revealed. But some businesses don’t understand the limitation of the privilege, and Google is now in trouble for allegedly trying to take advantage of it. Limitations to the Privilege Communication between… Read More »
Court Says Restaurant Doesn’t Have To pay Mandatory “Service Fees” To Workers
If you own a business, and your employees are paid with tips, it’s important to know what is and what is not a tip. Under the Fair Labor Standards Act (FLSA) the distinction can be the difference between paying your employees correctly, or owing money to your employees for unpaid wages. Restaurant Says Service… Read More »
Considerations For Remote Work Agreements
When the pandemic subsided, many businesses opted to allow workers to continue to work from home. Many employers allowed this and carried on their normal business activities, without giving any thought to whether or not they may need remote work agreements. What is a Remote Work Agreement? A remote work agreement isn’t a new… Read More »
Congress Ends Forced Arbitration In Sexual Harassment Cases
You probably know that there are a host of federal laws that prohibit discrimination and harassment in the workplace. That includes prohibitions on sexual harassment. Sexual harassment can lead to your business being sued under both sexual harassment laws, as well as being sued for intentional battery or assault. Using Arbitration In order to… Read More »
Don’t Let Your Employee Handbook Become A Binding Contract
As a general rule, it is a good idea to create and have an employee handbook and have employees agree to that handbook. The employee handbook clarifies everyone’s rights and responsibilities, and can protect you in the event an employee alleges that they were let go without reason. However, Florida is an at-will employment… Read More »
Employer Who Paid Employee In Pennies Is Being Sued
When you’re an employer, you probably know that not paying your employees will land you in trouble. But one employer is finding out that you can also get in trouble for how you pay your employees. Mechanic Employee Says He Wasn’t Paid The problem arose when an auto mechanic wasn’t getting paid and was… Read More »
How To Handle An OSHA Investigation
You probably know what OSHA is—the Occupational Safety and Health Administration. You probably also know that they are charged with investigating workplace accidents, workplace safety, and generally making sure that businesses are maintaining a safe work environment, in compliance with federal laws. But you run a safe business, and follow all the laws, right?… Read More »
Legal Considerations For Work-From-Home Employees
When COVID-19 first hit, and shut down many businesses, many transitioned to having employees work from home. Some have now reverted back to in-person working, but many companies decided to stay with the work-from-home model. But in doing so, many businesses never gave any thought to new policies or procedures when dealing with employees… Read More »
Understanding The Federal False Claims Act
We often hear of people being called or accused of being “whistleblowers.” But what does that actually mean? When can an employee sue a business under federal whistleblowing laws? What Does the False Claims Act Do? The Federal False Claims Act allows someone, such as an employee, to sue a company or business for… Read More »
How Is A Business Valued?
There are a number of reasons why you may need to get the value of your business. The most obvious is where you are looking to sell your business or buy someone else’s. Legal business separation, shareholder buyouts, or personal events like a divorce may require that a business be valued. Valuing or Appraising… Read More »
BFOQs: When Discrimination Isn’t Discrimination
We all know by now that discrimination in the workplace is illegal. However, there are times when you actually can, legally discriminate. This is when the basis for discrimination, is because of what is known as a bona fide occupational qualification (BFOQ). What is a BFOQ? In plain terms, a BFOQ is where someone… Read More »
Uber Gets Hit With Disparate Impact Discrimination Lawsuit
Most of the time, businesses have no intention of discriminating against employees, or against the general public. But what a lot of businesses don’t realize is that they often can implement policies and procedures that have the effect of discriminating—even if the policy itself says nothing about any particular race, class, or gender. Government… Read More »
