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February 2016 Archives

Employees need viable solutions for employment disputes

Disagreements between employers and employees can quickly turn contentious in the workplace. Looking from both sides, each party believes he or she is right and the other is wrong. Aside from the employee leaving the job and starting over, many involved in employment disputes cannot see a resolution. However, there are options a wronged employee can consider to resolve the situation.

How did Judge Scalia influence employment law?

Judge Scalia's legacy will be studied and debated for decades.  There is no dispute that he was a "conservative" Justice and a proponent of constitutional originalism, a viewpoint that the intent of the framers of the Consitution should be adhered to no matter what the result. For employment lawyers, his opinions were both for and against plaintiffs.  St Mary's Honor Center v. Hicks, could be his most influential decision. In St. Mary's Honor Center, Judge Scalia held that if a plaintiff proves that the reason asserted by a defendant-employer for its actions was, not, in fact, the true reason for its decision, then the fact-finder is free to find that unlawful discrimination has occurred, although by no means is the fact-finder required to find that discrimination has occurred. That case put to rest the notion that a plaintiff needs to provide evidence of discrimination that goes beyond proving that the reason for an employment decision was false in order to prevail.

Am I entitled to pay for working on-call in Florida?

On-call time is one of the most complex areas of employment law. Being on-call is a widely-accepted form of labor, especially in the health care industry. However, determining what portion of on-call time is compensable under the law is the tricky part. The federal government addresses the subject of on-call time in the Fair Labor Standards Act.

A few basic facts about sexual harassment for Florida residents

For many Florida citizens, it can be difficult to tell sexual harassment apart from workplace jocularity. Of course, this is in reference to the more ambiguous forms of harassment such as inappropriate commentary and other seemingly simple actions. Severe forms of sexual harassment are typically quite obvious.

Is the EEOC's proposal the answer to closing the pay gap?

Furor over unequal pay in the workplace has caused so much uproar in the last year that now the Equal Employment Opportunity Commission (EEOC) has decided to take action. In a proposed policy change, the EEOC will require employers with more than 100 employees to include employees' individual salaries, in addition to other demographic data, on their annual EEO-1 reports. Such a move could clarify how widespread the issue truly is.

Is your employer violating Florida's wage & hour laws? Find out!

The economy always seems to be in a state of flux and most Florida citizens need their jobs to survive. As such, many workers in our state may choose to overlook an employer's actions or inactions that may violate the wage and hour laws designed to protect American employees. It is understandable when people make this decision because they want to keep their jobs, but that does not mean it is the wise thing to do.

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