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Recent Blog Posts

SALARIED WORKERS REJOICE – New Federal Rule Means You May Be Entitled to Overtime Starting December 1, 2016

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Finally, the long-awaited changes to the federal overtime regulations have been announced, with the federal definition for overtime being hours worked over 40 hours per workweek. What does the new rule change? Now salaried employees who receive less than $47,476 annually will be entitled to overtime pay in most cases, where previously employees who received Read More »

THE NEW DEFEND TRADE SECRETS ACT – Employers Can Now Sue an Employee Under Federal Law for Taking Trade Secrets

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  A click of the mouse, forwarding an email, downloading a file – in just seconds you can take, copy, share, or post your employer’s confidential information, otherwise known as “trade secrets.” But be aware, those few seconds can be costly under the new federal Defend Trade Secrets Act, which became effective May 11, 2016. Read More »

DON’T SPEAK ENGLISH? Don’t Worry, English Speaking Only Policies in the Workplace Violate the Law

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With more and more diverse and multi-lingual employees in the workplace, employers might institute a workplace rule requiring employees to speak only English in the workplace. Be wary of these policies as they can constitute a form of national origin discrimination in violation of federal and state laws. An English-only policy will be found to Read More »

CAREGIVERS & OVERTIME

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CAREGIVERS & OVERTIME Caregivers employed by third party agencies are entitled to overtime, court rules.  Click on the case below to review the court’s decision: Home Care Association of America, et al., v. Department of Labor, Wage & Hour Division.   Thank you for reading our blog! The information shared here is accurate at the Read More »

CAN YOU SUE YOUR EMPLOYER FOR BULLYING IN THE WORKPLACE?

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The Workplace Bullying Institute reports that 35% of working adults have reported being bullied at work, and 40% of those targeted never tell their employers according to the 2010 & 2007 U.S. Workplace Bullying Surveys<.  Is one of them you? Currently in Florida, most bullying is legal, although “Rebecca’s Law“, which would make bullying a first degree misdemeanor and/or a third degree felony, is currently pending in the Read More »

SUPREME COURT OF FLORIDA CONFIRMS THAT ONLY FEMALE HUMANS CAN GET PREGNANT

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Last week in Delva v. The Continental Group, Inc., the Supreme Court of Florida held that the Florida state law prohibiting employment discrimination on the basis of sex includes pregnancy discrimination.  Significantly, in support of its analysis, the Court recognized the obvious—namely that pregnancy is “a natural condition unique to females and a primary characteristic of the female Read More »

JOB-PROTECTED LEAVE: KNOW YOUR RIGHTS – Domestic and Sexual Violence Leave

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Our first blog in the Job-Protected Leave series addresses Florida law and taking time from work due to domestic or sexual violence. Florida Statute §741.313 provides for up to three days of job-protected leave every 12 months to employees who need time off to deal with protection from domestic or sexual violence. It covers things like seeing an attorney, getting a restraining order, going Read More »

JOB-PROTECTED LEAVE: KNOW YOUR RIGHTS – Family and Medical Leave Act of 1993 (FMLA)

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Our second blog on job-protected leave addresses your rights to take leave from work based on the Family and Medical Leave Act, also known as the FMLA, for medical-related reasons for you or your family. The FMLA allows you up to 12 weeks of unpaid, job-protected leave  every 12 months for the  following reasons To care for your own serious Read More »

GOVERNMENT EMPLOYEES: Clarifying Your Right to Free Speech

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If you work for the government, do you have a First Amendment right to speak out without fear of retribution?  You may.  Just yesterday, the United States Supreme Court in Lane v. Franks, et al., — S.Ct. —-, 2014 WL 2765285 U.S. (2014), further clarified a government employee’s First Amendment rights. Essentially, if you, as a government employee, Read More »

JOB-PROTECTED LEAVE: KNOW YOUR RIGHTS – Military Leave Under the Uniformed Services Employment and Reemployment Rights Act (USERRA)

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Our third blog in the Job-Protected Leave  series addresses your employment rights as a military service member. When you report for military duty, the law requires your employer to keep your job or a similar job open for you until you return. What’s more, you are entitled to all the job benefits that you would have had if you had stayed on Read More »