Category Archives: Employment Law Alert
Alert: Can Employers Require Employees to Receive the COVID Vaccine
MANDATORY COVID VACCINATION POLICIES Employers will soon be facing the question of whether to require COVID-19 vaccinations as a condition of employment. The U.S. Equal Employment Opportunity Commission (EEOC) recently issued new guidance addressing this question. In brief, employers can require workers to get a COVID-19 vaccine and bar them from the workplace if… Read More »
U.S. SUPREME COURT RULES LGBTQ WORKERS ARE PROTECTED FROM JOB DISCRIMINATION
On June 15, 2020, the majority of the United States Supreme Court ruled that workers cannot be discriminated against on the basis of sexual orientation or gender identity. In a 6-3 ruling, the Court said that the federal anti-discrimination law, Title VII of the Civil Rights Act, applies to gay, lesbian, bisexual, and transgender… Read More »
Employment Law Alert – Eleventh Circuit Rules That Title VII Does Not Prohibit Sexual Orientation Discrimination
Earlier this month, the Eleventh Circuit held that Title VII does not prohibit discrimination in the workplace on the basis of sexual orientation. Evans v. Georgia Regional Hospital. Thus, the lower federal courts in Florida, Georgia and Alabama will have to follow suit. In the Evans matter, the plaintiff, a female hospital guard, brought… Read More »
Employment Law Alert: New Rules Expected For Overtime Pay
NEW PROPOSAL: President Obama has announced that the White House is raising the threshold income level at which workers are exempt from overtime pay of time-and-a-half wages. The level is currently $23,360 a year. The new level is expected to be $50,400.00 a year. CURRENTLY: Under current rules, workers are not eligible for overtime… Read More »
Employment Law Alert : Florida Minimum Wage and Overtime Payments
Effective immediately, the Florida minimum wage has been increased to $8.05 per hour. The federal minimum wage remains at $7.25 an hour. All employees working in Florida are entitled to the higher minimum wage. In addition to paying the minimum wage for each hour worked, employers also need to comply with the… Read More »
Florida’s Bad Faith Insurance Statute Balances The Playing Field For Insured Floridians
Generally speaking, when people get into motor vehicle accidents or come home and find their property damaged for a variety of reasons, they face great difficulties trying to recoup their losses from their insurance companies. Those hurt in accidents find themselves in much greater need to receive the compensation than the insurer does in… Read More »
Covenants Not To Compete Intended To Discourage Use Of Trade Secrets And Practices — Not To Restrict Employment
Like many jurisdictions, the State of Florida has a statute permitting companies to use “covenants not to compete” when entering into employment agreements with employees, contractors or salespersons. This statute conditions the use of such a covenant on various elements: Restrictions are reasonable in terms of their length of time, geographical reach and the… Read More »
Employment Law Alert
FLORIDA SUPREME COURT RULES THE STATE’S CIVIL RIGHTS ACT BARS PREGNANCY DISCRIMINATION The Florida Supreme Court has ruled that the Florida Civil Rights Act ban on discrimination based on gender does cover claims of pregnancy discrimination. This decision resolves a conflict among the appellate courts in this state. Delva v. Continental Group, Inc. … Read More »
Supreme Court Punts on Age Discrimination Case
If you or your business faces an employment discrimination lawsuit, it is important to work with a Florida lawyer who stays up-to-date on the ever-changing law. Earlier this month, the United States Supreme Court sent an age discrimination case out of Michigan back to the 7th Circuit Court of Appeals on the grounds they… Read More »
Court Rules Against Breast Feeding Employee Who Claimed Discrimination
The Eighth Circuit Court of Appeals has dismissed the discrimination claims of a female employee returning to work after giving birth to her child. Ames v. Nationwide Mutual Ins. Co., (8th Cir., March 13, 2014). According to the Court’s decision, upon return to work following her approved leave under the Family and Medical Leave… Read More »
