Articles - Topics covered may only apply in certain states

Responding to Employee Sexual Harassment Complaints: May-29-2008
Uncle Scrooge's Advice for Office Holiday Parties: Dec-05-2007
‘Green cards’ with no expiration date must be replaced: Sep-04-2007
What employers should do with Social Security ‘No Match’ letters: Aug-27-2007
New DHS Rules Regarding Employer Handling of Social Security No-Match Letters: Aug-21-2007
Interviewing job applicants without violating discrimination laws is a must: Aug-20-2007
Employees have legally protected personal characteristics: Aug-13-2007
Workers' compensation a defense to certain workplace torts: Jul-30-2007
Under new law, firms must grant leave to domestic abuse victims: Jul-23-2007
Leave for Victims of Domestic Violence: Jul-18-2007
Respond properly to employee complaints of sexual harassment: Jul-16-2007
Federal minimum wage increase has little impact on Florida: Jul-16-2007
Employers should have policies banning violence: May-21-2007 — The workplace is a microcosm of society in general and is not immune from violence, whether committed by a current or former employer, a family member of an employee, or some other third party.
English-only policies have narrow application in the workplace: May-14-2007 — While employers have some flexibility in adopting and enforcing English-only policies, the employer should ensure that the reason for the policy is for a legitimate business need.
Medical data, health check may be needed to get leave time: May-06-2007 — In order to obtain FMLA leave, employers are entitled to require employees to submit medical certifications that establish the nature of the employee’s or the family member’s medical condition and confirm the need for the employee to miss work.
Non-Compete Statutes Under Florida Law: Apr-22-2007 — In many industries, employers require employees to sign a non-compete agreement that limits the employees' ability to work for a competitor, solicit customersor clients, and disclose company secrets once the employee terminates his or her employment.
Courts seeing increase in religious discrimination suits: Apr-15-2007 — Statistics show that the number of religious discrimination claims filed with state and federal agencies has risen significantly during the last decade.
Refusal to submit to search can bring termination: Apr-08-2007 — A recent case from the Florida appellate court with jurisdiction over Palm Beach and Broward counties illustrates two issues — employee privacy/employer right to monitor or search property and disqualification from unemployment compensation benefits.
Impediments to winning a ‘retaliation lawsuit’: Apr-01-2007 — Federal, state, and local laws prohibiting discrimination in the workplace also make it unlawful to retaliate against employees who have opposed discrimination or who have participated in an investigation of claims of discrimination.
Documentation can be an employer’s best friend - part 2: Mar-18-2007 — Establishing and informing employees about a business’s anti-harassment and discrimination employment policies and procedures is only the first step in developing an effective defense against potential employee claims and lawsuits.
Documentation can be an employer’s best friend: Mar-16-2007 — An employer’s ability to produce documentation that supports the business judgments and actions the employer has made and taken regarding a complaining employee can be a vital factor in establishing a viable legal defense.
Employers should prepare for H-1B filing season starting April 1: Mar-05-2007 — Employers who wish to sponsor an alien employee for H-1B status should begin preparing now to file their petitions. It is anticipated that, this year, the quota will be met in the few weeks after April 1.
Sexual harassment must be prohibited in the workplace: Feb-27-2007 — A recent decision from one of the country’s most respected appellate courts highlights the importance of employers adopting and enforcing a policy prohibiting harassment in the workplace, including sexual harassment.
Florida courts take liberal interpretation of employee ‘misconduct’: Feb-21-2007 — Often, even if an employer has good grounds for terminating an employee, those grounds may not serve as a basis for disqualifying the worker from benefits under the unemployment compensation statute.
Prevent ex-employees from sharing trade secrets with competitors: Feb-12-2007 — In the absence of a covenant not to compete, a business can only prevent former employees from disclosing to third parties information obtained from the company that constitutes “trade secrets.”
FMLA requires time off for specific reasons: Feb-08-2007 — The Family and Medical Leave Act of 1993 requires private employers with 50 or more employees to grant qualifying employees 12 weeks of unpaid leave per 12-month period for certain reasons.
How unemployment compensation affects workers who voluntarily quit: Jan-29-2007 — Just because an employee quits his or her job does not mean that the worker will be denied unemployment benefits. If Florida's Division of Unemployment Compensation finds that the worker had good cause to quit, he or she may still qualify for benefits.
Form I-9 can be a catch-22 for most employers: Jan-22-2007 — Employer’s are obligated to verify that employees are authorized to work in the United States. The recent Immigration and Customs Enforcement raids on Swift Company emphasize the difficult position in which employers are placed.
Employers obligated to keep certain worker records: Jan-18-2007 — Before hauling out the shredder or the garbage bin (the shredder is probably safer), businesses should consider what their recordkeeping obligations are under federal and state employment laws.
What employers need to know about lie detector tests: Jan-08-2007 — Before even suggesting a polygraph test to employees, employers should be aware of the Employee Polygraph Protection Act.
Ex-workers may sue over negative comments by former employer: Jan-02-2007 — Florida law provides limited immunity from civil liability for employers who provide information about former employees to prospective employers, provided the former employer acts in “good faith.”
Guidelines for creating employee handbooks: Dec-27-2006 — An employee handbook is an extremely important document for an employer, as it can provide legal protection for the employer in the event of a lawsuit with employees.
ADA limits questions employers can ask about health, disabilities: Dec-18-2006 — In their weekly Boca Raton News column, Hodgson Russ partners Larry Corman and Glenn Rissman discuss employment-related medical inquiries under the ADA.
ADA has implications for food service industry: Dec-11-2006 — The ADA is one of the more difficult discrimination statutes with which to comply. Employers in the food service industry also have the difficult task of balancing public health requirements with the ADA.
State, federal laws regulate what you can ask at a job interview: Dec-04-2006 — Federal and state laws prohibit employers from discriminating against individuals in connection with all aspects of employment, including the recruitment, interview and hiring process.
Holiday parties do not give workers an excuse to break fraternization rules: Nov-27-2006 — It is fast approaching the office holiday party season. Employers should once again brush up on the “dos” and “don’ts” of the holiday season to reduce the risk of lawsuits arising from holiday festivities.
Employers should use common sense to avoid harassment suits: Nov-20-2006 — Sex discrimination includes discrimination on the basis of one’s gender, sexual harassment, and pregnancy discrimination. In addition, in 1989 the Supreme Court recognized the theory of sex stereotyping as a form of sex discrimination.
Dress code, religious beliefs require 'reasonable accommodations': Nov-13-2006 — Dress and appearance codes have been objected to and challenged by some employees in court on the grounds that the employer’s policy requires the employee to act in a way that violates the employee’s religious beliefs and practices.
Know Florida's minimum wage law: Oct-27-2006 — Florida’s voters overwhelmingly approved an amendment to the state Constitution establishing a minimum wage higher than the federal minimum wage set by the Fair Labor Standards Act.
Employers use loopholes to beat anti sex-discrimination laws: Oct-20-2006 — Employers can engage in employment discrimination if they can establish that it is essential. Whether or not a particular business truly requires and justifies sexual discrimination when employing workers is often a subject of vigorous dispute.
Anti-Discrimination in Employment: Retaliation Gets Personal: Oct-12-2006 — The United States Supreme Court has substantially lowered an important barrier to proving a retaliation claim under Title VII of the Civil Rights Act of 1964, the model for most anti-discrimination in employment statutes.
Harassment is unacceptable employers must put it in writing: Oct-12-2006 — To comply with pertinent federal and state discrimination laws, the employer's legal position, as established by a written personnel policy, must be that sexually harassing behavior is unacceptable in the workplace.
Weighty issue of morbid obesity, protection from discrimination: Oct-06-2006 — Since the enactment of the Americans with Disabilities Act, the EEOC has taken the position that people who are morbidly obese (body weight more than 100 percent over the norm) are disabled and protected under the ADA.
Employers must be cautious when reporting worker ethnicity to Feds: Sep-29-2006 — The EEOC warns that if employers gather post-employment data on race or ethnicity that such documentation should be kept separate from the employees’ personnel files and other records that might be accessed by those responsible for personnel decisions.
Requiring an employee to arbitrate disputes isn’t easy: Sep-22-2006 — Given the prevalence of employment litigation, many employers find it beneficial to explore means to potentially limit their exposure to damages and litigation costs. But requiring an employee to arbitrate employment disputes is easier said than done.
Questions to job interviewees should be strictly job-related: Sep-15-2006 — There are numerous federal and state laws that prohibit discriminationagainst various classifications of people in connection with employment, housing and public accommodations.
Does the right to privacy exist in the workplace?: Sep-06-2006 — Employers are well within their legal rights to monitor employees' computer usage, internet use, and voicemail, provided they first take some precautionary steps.
Seven steps before saying, 'You're fired': Sep-01-2006 — Businesses can incur substantial expenses and be exposed to significant potential or actual liability if appropriate termination procedures and policies are not in place.
Office romances may touch the heart, but enflame employer liability: Aug-24-2006 — Employers may face workplace disruptions and exposure to legal liability when workplace relationships go awry.
Background checks part 2: The Fair Credit Reporting Act: Aug-17-2006 — Before requiring background checks as part of the hiring process, employers must be aware of and comply with the federal Fair Credit Reporting Act, which places limits on the use of such checks and creates rights for employees and others subject to them.
Asking potential new employees certain personal questions may not be legal: Aug-08-2006 — The recruiting and training process is often a significant business expense, which makes identifying individuals with the potential of becoming excellent employees an economic imperative.
Social Security 'no-match letters' carry new impact: Aug-01-2006 — It is a violation of federal law for an employer to knowingly hire or continue to employ an alien not authorized to work in the U.S. and all employers are required to verify the identity and work authorization of all newly hired employees.
Employers must make 'accommodations' for disabled: Jul-25-2006 — When interviewing applicants for employment positions, employers must be aware of their legal obligation to avoid discriminating against individuals with attributes or characteristics that are protected by federal or state statutes.
Employers, be wary: Court widened meaning of 'retaliation': Jul-18-2006 — The U.S. Supreme Court resolved a difference of opinion as to what actions constitute prohibited retaliation under Title VII of the Civil Rights Act of 1964.
Office romances: Legal and practical implications affecting the bottom line: Jun-30-2006 — Written policies may help limit an employer’s liability exposure.
Veterans' re-employment rights: May-18-2006 — USERRA prohibits employers from discriminating against past and present members of the uniformed services and establishes reemployment rights for service members who want to return to the jobs they held prior to uniformed service.
Ten Tips to Prevent Identity Theft: Oct-15-2005 — This article includes ten tips for companies seeking to avoid incidences of identity theft as well as civil liability for such incidences.
How to protect against wrongful termination lawsuits: Aug-25-2005 — This article by Hodgson Russ partner Larry Corman was originally published in the Legal Views Q&A column, July 30, 2005 edition of the Boca Raton News. Reprinted with permission.
7 Steps to Take Before Saying “You’re Fired”: Jul-25-2005 — Businesses can incur substantial expenses and be exposed to significant potential or actual liability if appropriate termination procedures and policies are not in place.
Employers should keep 'paper trail' to justify certain actions: Jan-01-1900 — When making significant employment decisions, employers subject to discrimination statutes should take care to ensure that appropriate documentation exists that supports the employer’s business judgment.