Category Archives: Employment Law

U.S. Supreme Court Says Post-Shift Screenings Are Not “Work”

As an employer, do you have to pay employees for time spent performing non-work tasks? The United States Supreme Court recently addressed this question. The Court rejected a challenge from a group of hourly warehouse employees who argued federal law … Continue reading

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Supreme Court May Address Religious Discrimination by Retailers

Many Florida retailers require employees to abide by a dress code. But such dress codes may conflict with federal law, which protects the religious rights of employees. An employer may not refuse a “reasonable accommodation” of an employee’s religious belief … Continue reading

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Understanding Sexual Harassment Laws

On June 10, the U.S. Equal Employment Opportunity Commission announced SunTrust Bank will pay $300,000 to settle claims that a branch manager in Sarasota, Florida, sexually harassed three female employees. The EEOC initially sued SunTrust in 2012 in a federal … Continue reading

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Florida Supreme Court Rules Pregnancy Discrimination Violates State Law

All Florida small business owners must be aware of their obligations under federal and state civil rights laws. It is against the law for any employer to discriminate against an employee (or potential employee) on the basis of sex, race, … Continue reading

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Enforcing Employee “Non-Compete” Agreements In Florida

Florida law permits employment contracts that contain “non-compete” or similar restrictive covenants in order to protect the employer’s “legitimate business interests.” A non-compete agreement might, for example, restrict an employee from leaving and working for a direct competitor for a … Continue reading

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What Constitutes a “Serious Health Condition” Under the Family and Medical Leave Act?

In 1993, Congress adopted the Family and Medical Leave Act (FMLA). This law requires retailers and other businesses with 50 or more employees to grant certain employees up to 12 weeks of unpaid leave during a 12-month period in order … Continue reading

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Appeals Court Rejects Overtime Lawsuit by “Outside Sales Employee”

The federal Fair Labor Standards Act (FLSA) generally requires Florida retailers and other employers to pay overtime wages to any “employee” who works more than 40 hours per week. There are several exemptions to this overtime rule, including one for … Continue reading

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Federal Court Revives Lawsuit Over Florida Employer’s Decision to Stop Worker’s Compensation Payments

Worker’s compensation insurance is mandatory for all Florida retailers employing at least four people. Although worker’s compensation is designed to settle most on-the-job injury claims without the need for litigation, it does not provide absolute protection for employers. In cases … Continue reading

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Federal Appeals Court Unleashes “Serial Litigator” on Florida Small Businesses

Joe Houston has filed more than 270 lawsuits against Florida businesses. Houston, who is disabled and confined to a wheelchair, has made a career out of suing small businesses over alleged violations of the Americans with Disabilities Act (ADA). As … Continue reading

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Richie Incognito Case Demonstrates Importance of Workplace Anti-Bullying Policies

The Miami Dolphins are one of South Florida’s most high-profile employers, and they’re currently dealing with an employment dispute that’s made international headlines. For Florida retailers, it’s providing an important lesson in the boundaries of acceptable workplace conduct. On November … Continue reading

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