Author: Elf
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Religious Accommodation in the Workplace: The Devil is in the Detail
Circle 9 Corporation installed new hand scanners for keeping track of employee time and attendance. A worker, Ali Ghieri, who is an Evangelical Christian, asked to keep using paper timesheets because she believes the hand scanners go against her religious beliefs. The company refused her request but allowed another employee who is missing fingers to…
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Obtaining Attorneys’ Fees in Florida Arbitrations: The Slowly Changing Law
In Florida, there are laws about arbitration agreements. There used to be a disagreement about whether lawyers’ fees could be awarded in arbitration, but a court case called Turnberry Associates v. Service Station Aids, Inc. said that lawyersâ fees could be awarded if both parties agreed to it. This means that if you have a…
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Internships and the FLSA
Internships have become more common, but there’s debate over whether interns should be paid. The law is unclear on who qualifies as an “employee” and is entitled to minimum wage and overtime pay. Courts look at the “economic reality” of the relationship to decide if someone is an employee under the law. There are exceptions…
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Student Athletes as Employees?
In 1852, Yale and Harvard had the first intercollegiate sporting event in the US. Since then, college sports teams have become a big part of their schools. College athletes have always been considered students, not employees. But in 2014, Northwestern University’s football players wanted to be recognized as employees so they could form a union.…
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Practical Implications of Murphy Oil on Employee Waivers: An Ecological Disaster or a Dissenter’s Pipeline to Freedom?
The Wagner Act, now called the NLRA, gave employees the right to form unions and go on strike. It also created the NLRB to enforce these rights. Employees can now use social media to improve working conditions, and there’s even an NLRB app for information. But there’s still disagreement over the limits of these rights.…
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Practicing to Deceive: Using the Doctrine of Judicial Estoppel to Untangle the Web in Employment Cases, Part I
A lawyer in Miami, Florida is defending a disability discrimination case when they discover that the plaintiff filed for bankruptcy but didn’t mention the discrimination lawsuit. The lawyer realizes they need to understand bankruptcy law to use this information in the case. This article explains the concept of judicial estoppel in bankruptcy cases and provides…
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Practicing to Deceive: Using the Doctrine of Judicial Estoppel to Untangle the Web in Employment Cases, Part II
This part of the article talks about some important principles of bankruptcy law that affect the application of judicial estoppel. It mentions that not knowing these principles could have serious consequences for the outcome of a case. It also explains the role of trustees in bankruptcy cases, and how they can impact the judicial estoppel…
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Private Sector Florida Whistleblower Act Opposition Claims: Is An Actual Violation Required To Be Engaged in Statutorily Protected Activity?
A TLDR is a summary of something complicated, like a long article or a legal document. It explains the main points in a short and simple way. It’s like a cheat sheet for understanding something without reading the whole thing. The relationship between employers and employees in Florida is usually “at-will,” which means either the…
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Supreme Court Delivers New Life to Pregnancy Discrimination Claims in Young v. United Parcel Service, Inc.
The Pregnancy Discrimination Act (PDA) makes it illegal for employers to discriminate against pregnant women at work. Despite this law, many employees still face discrimination. One common complaint is that employers won’t make accommodations for pregnant workers. In the past, employers tried to comply with the law by giving light-duty work to pregnant employees, but…
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Public Whistle-Blower’s Act: The Fourth District Court of Appeal Continues to Follow Trend in Expanding Scope of Retaliation Claims
The Fourth District Court of Appeal made a decision that expands the protection for whistle-blowers under the Public Sector Whistle-Blower’s Act. This means that more people are now protected if they report wrongdoing, and they can do so in different ways. The law protects employees who report violations of the law or other serious problems…
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The Times Are Still a Changing: Technology’s Continued Impact on Labor and Employment Law
Technology has a big impact on work and laws. Employers can get in trouble if their technology policies limit employees’ rights to work together for better pay and conditions. This is true whether or not the employees are in a union. The law protects employees’ right to work together for better pay and conditions. Employers’…
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Discovery in ERISA Cases? How Florida Federal Courts Are Changing the ERISA Landscape One Case at a Time
When reviewing an administrator’s decision on ERISA benefits, Florida district courts are starting to allow limited discovery, even though the standard of review is typically limited to the administrative record. The 11th Circuit has a framework for reviewing these decisions, which includes determining if the administratorâs decision was wrong and if they had discretion. If…
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LGBT, the EEOC, and the Meaning of Sex
For 50 years, Title VII only protected against gender discrimination between men and women. But now, a decision by the EEOC in Baldwin v. Foxx extends those protections to cover sexual orientation for federal employees. This could also lead to similar protections for private sector employees. The EEOC also says that gender identity is protected…
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Gating Through Wellness Programs Under Proposed EEOC Regulation
This article talks about a new rule that limits some rewards given out in wellness programs. It’s called the EEOC Proposed 29 C.F.R. 1630.14(d), and it falls under the Americans with Disabilities Act (ADA). The rule seems to stop the practice of making different levels of health plans for employees. It’s important to understand that…
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Healthcare and Social Service Settings in OSHA’s Crosshairs
The Occupational Safety and Health Administration (OSHA) is cracking down on workplace violence in healthcare and social service settings. This means they are making sure employers are keeping their workers safe from violence on the job. OSHA has a rule called the General Duty Clause, which says that employers must provide a safe workplace for…
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Let’s Get Objective About Objectionable Objections
Depositions are when a party or witness gives testimony in a case. Lawyers sometimes use tactics during depositions to obstruct the flow of information or intimidate the other party. This has led to frustration from judges. In one case, a lawyer was sanctioned for improper conduct during depositions. This article explains proper and improper deposition…
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Websites and Mobile Applications: Do They Comply with Title III of the Americans with Disabilities Act?
There are a lot of people in the US who have disabilities that make it hard for them to use the internet. For example, some people can’t see well, hear well, or use their hands easily. They rely on special technology to help them use the internet. But a lot of websites and apps are…
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Will Police Body Cameras be a Mandatory Subject of Bargaining in Florida?
Will police body cameras improve policing in Florida? Yes. The purpose of affixing cameras onto the bodies of police officers is to record their citizen contacts, especially their uses of force, including deadly force. This can provide insight into policing for training purposes and document incidents for suspects’ criminal prosecutions. It also serves to assess…
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Medical Marijuana’s Effect on Employment Law: The Highs, the Lows, and the Unanswered Questions
A big company is being sued by some workers for not paying them properly. The workers believe the company broke the law. They hired a lawyer to help them with the case. Florida’s Amendment 2 recently passed, allowing the use of medical marijuana for certain medical conditions. This raises questions about who can use it,…
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Emerging Protections for Nursing Mothers in the Workplace
Working parents, especially women, face unique challenges balancing work and childcare. In recent years, courts have made important decisions to protect nursing mothers in the workplace. In 2013, the Fifth Circuit Court of Appeals ruled that discrimination against lactating mothers is a form of pregnancy and sex discrimination. In 2015, the U.S. Supreme Court also…
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Police Body Cameras Part II: Will Body Cameras Improve Policing in Florida?
This article discusses whether police body cameras would improve policing in Florida from a legal perspective. The author, who has experience representing a large police union, believes the answer is “maybe.” While it may seem like body cameras would make officers more accountable and improve policing, it’s not guaranteed. Law enforcement agencies are like any…
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Enforcement of FDUTPA by Competitors: Did the Florida Legislature Create a Right Without A Remedy?
In 2001, a law in Florida was changed to allow businesses to sue their competitors for unfair competition. Before that, the law was mainly used by consumers to get their money back from bad sellers. Now, it’s unclear what “actual damages” means for business competitors, and the courts are divided on the issue. So, it’s…
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Medical Marijuana’s Effect on Employment Law: The Smoke is Clearing
Florida passed a law allowing people with certain medical conditions to use medical marijuana. The law didn’t say exactly what these medical conditions are, but it includes things like cancer, epilepsy, and chronic pain. The law also removed the 90-day waiting period and didn’t limit how strong the marijuana can be. So, some types of…
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LGBT Discrimination in the Workplace: What Will the Future Hold?
In 2015, the U.S. Supreme Court said that same-sex couples have the right to marry. After this, the EEOC said that discriminating against someone based on their sexual orientation is a form of sex discrimination. But, not all courts and agencies agree on this. Some say that Title VII doesn’t cover sexual orientation discrimination. We…