Articles and Blogs

Sports Analogy Can Have Multiple Meanings In sports, a coach will sometimes tell a player to just “walk it off” or “push through” the pain when a minor injury happens in a game or in practice.  One Florida insurance company found out that the world of sports and the world of employment are not... READ MORE

Two Courts Deny Rehearing – NLRB Exceeded Its Jurisdiction The battle over the NLRB’s Employee Rights Poster seems to be coming to an end.  The poster that the NLRB intended to be posted by private employers to inform their employees of their rights to join unions came under legal challenge and subsequent delays almost... READ MORE

Lake County Court Rules but Defers Pending Appeal On February 1, 2012, Indiana became the 23rd state to adopt a statute that prohibits private employers and unions from entering into agreements that compel union membership and the payment of dues and fees as a condition of employment.  This so-called Right-to-Work law was the focus... READ MORE

While alcoholism has long been considered an impairment, plaintiffs have had limited success establishing that alcoholism is a protected disability under the Americans with Disabilities Act (“ADA”). However, the Americans with Disabilities Amendments Act (“ADAAA”) significantly expanded the number of protected individuals under the Act. Instead of focusing on whether an individual qualifies as... READ MORE

When the Americans with Disabilities Act Amendments Act (“ADAAA”) was implemented and the revised regulations took effect, employers began bracing for changes. We have actively monitored the much-publicized multi-million dollar settlements relating to disability claims and predicted that employee-friendly judicial decisions would follow suit. Yet, with the backlog of pre-ADAAA cases still working their... READ MORE

Because flu season can begin as early as October, according to the Center for Disease Control and Prevention (“CDC”), employers are already beginning to consider their approach to mandatory vaccinations for the 2013-2014 season. Do you know where your state stands on the issue? READ MORE

On August 12, 2013, for the first time since August 21, 2003, the National Labor Relations Board has a full complement of five Senate-confirmed members. Four new members, all nominated by President Obama and confirmed last month by the U.S. Senate, have been sworn into office. NLRB Chairman Mark Gaston Pearce was also confirmed... READ MORE

When this statement was made by an employee during an EEOC mediation the employer was shocked to say the least.  Shocked and shaken by the employee’s outburst, the employer fired the angry employee within the hour.  True to his word, the employee then filed a federal law suit for retaliation for participating in the EEOC’s proceeding. ... READ MORE

The Administrative Review Board (“ARB”) ruled on July 22, 2013 that Florida Hospital of Orlando (“Florida Hospital”) is a covered federal subcontractor subject to Office of Federal Contract Compliance Programs’ (“OFCCP”) jurisdiction by virtue of its participation as a network provider under TRICARE.  The ruling comes nine months after the same panel of judges... READ MORE

It doesn’t happen often but when it does it can be a very big deal – personally.  Because of how the term “employer” is broadly defined by the Fair Labor Standards Act (“FLSA”) (which deals with wages, hours and overtime), it has long been possible for a manager to be considered an “employer” and... READ MORE