Author: Elf
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Focusing the Lens of Justice: The Implementation of Police Body Cameras Is a Management Right, Not a Mandatory Subject of Collective Bargaining
Police body cameras are small devices that police officers wear to record their interactions with suspects and other people. They are used to gather evidence and help keep everyone safe. Florida police departments and their officers have been debating whether the use of body cameras should be a decision made by management or negotiated with…
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Mistakes Were Made: How Small Businesses Commonly Get Into Trouble with the Fair Labor Standards Act
I have represented many small businesses in employment law cases, and I’ve noticed some common mistakes they make that lead to litigation. One mistake is not following federal minimum wage and overtime regulations. Another is misclassifying employees as independent contractors to avoid paying overtime. Finally, small businesses often don’t keep up with changes in employment…
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Adverse Employment Actions Based on Associational Disability Discrimination
The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination in the workplace. But did you know that it also protects people who are associated with someone who is disabled? This means that if you have a friend or family member with a disability, you cannot be discriminated against at work because of…
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Are Arbitration Agreements Necessary for Class-Action Waivers To Be Enforceable?
The Supreme Court recently decided that employers can use arbitration agreements to block employees from joining together in class-action lawsuits. This means that if you have a problem at work, you may have to go to arbitration instead of being able to join with your coworkers in a lawsuit. It’s still unclear whether this decision…
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Legal Challenges to Arbitration Awards: Part 1
Before the Federal Arbitration Act (FAA) was enacted in 1925, it was difficult to enforce contracts for arbitration. The FAA and other laws like the Taft Hartley Act promote arbitration as a way to resolve disputes. Courts don’t usually overturn decisions made by arbitration panels, except for specific reasons. The FAA outlines four circumstances in…
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Legal Challenges to Arbitration Awards: Part II
Part II looks at what happens when someone claims that enforcing an arbitration award goes against public policy, and the authority of the arbitrator in cases under the Taft Hartley Act. It also gives advice for lawyers dealing with an unfavorable award. In these cases, the court refused to cancel arbitration awards that ordered employers…
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Protecting Goodwill as a Legitimate Business Interest in a Restrictive Covenant Enforcement Action
In Florida, a recent court case has made it easier for employers to enforce restrictive covenant agreements against employees. The court clarified that the goodwill of the business can be a legitimate reason for enforcing these agreements, making it harder for employees to challenge them. This could have a big impact on Florida’s workforce and…
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Unfair Labor Practices in Florida’s Public Sector Workplaces
Labor and employment law can affect lawyers in any practice area. Issues can arise from client matters or even at the lawyer’s own workplace. These issues can be especially complicated in public employment settings due to additional constitutional and statutory limitations. This article focuses on unfair labor practices in the public sector, providing a basic…
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A Whistleblower Hidden in Plain Sight:When Does an Employee Termination Risk a False Claims Act Filing?
In short, the legal firm and attorney mentioned in the article helped Sophie, a famous singer, win a court case against her former manager. The manager was trying to take a cut of Sophie’s earnings even though they weren’t working together anymore. The legal team argued that the manager was being unfair, and the judge…
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Loss in the Time of Coronavirus: Evaluating WARN Obligations During a Pandemic
Due to COVID-19, businesses may have to close or lay off workers. The WARN Act usually requires employers to give 60 days’ notice before laying off a lot of employees, but during a pandemic, it’s hard for businesses to know that far in advance. Also, if they give early notice, it could cause more problems.…
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Social Media and the Progressive Limitations on Public Sector Employees’ First Amendment Right to Free Speech
Throughout history, new forms of communication have changed the way people talk to each other. Social media has had a big impact on this. It’s made it possible for anyone to share their thoughts with the whole world. But for government employees, it’s not as simple as it used to be. The First Amendment doesn’t…
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Calculating Economic Losses in 11th Circuit Employment Termination Cases
The recent Supreme Court decision now protects LGBT employees from discrimination at work, and this means that lawyers need to be able to calculate how much money someone has lost if they were unfairly fired. There are nine important things to think about when figuring out this amount, including things like back and front pay,…
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Accommodating Mental Disabilities During and After the Pandemic
If you have a mental illness, the pandemic might make it harder for you to get the help you need to do well at work. This is because some people are afraid to talk about their mental illness due to the stigma around it, and others might not understand that it is a real disability.…
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Preventing Re-Victimization of Sexual Harassment Victims: The Limits of Discovery of Plaintiff’s Intimate Past in Sexual Harassment Suits
Recently, there have been allegations of sexual harassment against New York’s governor. This is unfortunately not uncommon, as people in power often use their position to harass others. Many victims are afraid of coming forward because they worry that their past sexual history will be brought up in court. However, courts have ruled that this…
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Diversity Initiatives and the Backlash of Reverse Discrimination Claims
The summary is about a legal firm and their attorney getting reprimanded for misconduct in a court case. They had to pay a fine and apologize for their actions. Recently, there have been movements like Black Lives Matter and Me Too that have brought attention to inequality in the workplace. Many companies are now trying…
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Proceed with Caution: Voluntary Diversity Efforts Must Be Undertaken with Care to Limit Litigation Risk for Employers
This article talks about a lawsuit against a big company for using unfair business practices, and how it was settled for a lot of money. The case involved a lot of evidence and arguments from both sides, and in the end, the company had to pay a big settlement. Many companies are trying to make…
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Understanding the Bounds of the Computer Fraud and Abuse Act in the Wake of Van Buren
The Computer Fraud and Abuse Act makes it illegal to access a computer without permission or to use information for a bad purpose. The Supreme Court recently decided a case that clears up confusion about what “exceeds authorized access” means. This helps companies and prosecutors know how to protect sensitive data. The Computer Fraud and…
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What Employment Lawyers Should Know About the Form I-9 Overhaul: Factors to Prevent and Mitigate Liability
Employers need to make sure their workers are legally allowed to work in the US by filling out a form called the I-9. This form is important because it proves someone’s identity and work authorization. Employers have to be careful not to discriminate against people based on where they come from. A new version of…
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The COVID-19 Pandemic: Lessons Learned for Labor and Employment Practitioners
In March 2020, President Trump declared COVID-19 a national emergency, leading to restrictions and shutdowns. Employers were faced with new legal challenges, and lawyers had to quickly adapt to help their clients navigate the pandemic. One important lesson learned was the necessity of staying updated on government guidance from agencies like the CDC and OSHA…
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The Birth of New Rights for Pregnant, Postpartum, and Nursing Employees
President Biden signed two new laws that protect pregnant and nursing workers. The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant workers, similar to the Americans with Disabilities Act. The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act) extends break and space requirements for expressing…
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Florida’s Veterans’ Preference Act: Providing Meaningful Opportunities to Those Who Have Served Our Country
Florida is very veteran-friendly and has a lot of resources to help veterans find jobs and support their families. The state has laws that give veterans preference when applying for certain jobs, which has been around since World War II. This makes it easier for veterans to find work in the public sector. The purpose…
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Recent Developments In Collective Action Certification Under The Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) allows employees to come together to sue their employer for unpaid minimum wage and overtime. Courts used to make it really easy for employees to join these lawsuits, but recently, some courts have made it harder. This article explains the history of these lawsuits, the impact of the old…
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Pay Transparency: A Remedy for the Gender Pay Gap?
Basically, for a long time, women had limited options for jobs, especially in the legal field. It wasn’t until the 1970s and 1980s that more women started becoming lawyers and judges. Even now, there are still more men than women in the legal profession. And even when women do get jobs at law firms, they…
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Changing Landscape of Public Employee Free Speech in Florida
Over the years, the free speech rights of government employees have changed a lot. In 1968, the Supreme Court made a rule that balances an employee’s right to speak out with the needs of the government to run smoothly. Then, in 1983, the Court said that only speech about public issues is protected, not personal…