The Employer’s Recordkeeping Obligations Employee lawsuits against employers for unpaid wages, especially minimum wage and overtime, have significantly increased in recent years. And FLSA-compliant recordkeeping practices are crucial to avoiding these lawsuits in the first place. If such legal actions do arise, employers will almost certainly be required to produce their records pertaining to employee […]
Author: Charlotte Fernee Kelly
Off-Duty Conduct: Grounds for Termination?
An employee lights a cigarette on her drive to work in the morning. Some weeks prior, her employer announced that all company employees are to quit or refrain from smoking entirely within the next 30 days, whether at home or work, or risk being let go from their jobs. The employer had otherwise reasonably explained […]
Employment Agreements: Shaping Your Business and Your Working Life
Starting a business can be both rewarding and exhausting. The demands of recruiting potential employees, the pressure of making a profit, and the excitement of the unknown can be overwhelming at times, but all employers need to be aware that the first step to shaping a fair and responsible workplace is the drafting of a […]
What is a “Whistleblower?”
In recent news, the word “whistleblower” is making headlines across the world. It is an important topic, especially when it concerns labor and employment law. So, what exactly, is a “whistleblower?” A whistleblower is an employee who: “… alleges wrongdoing by his or her employer of the sort that violates public law or tends to injure […]
New Overtime rule!
For the first time in over a decade, the U.S. Department of Labor is updating regulations for overtime pay, effective January 1, 2020. The final rule revises the earnings threshold set in 2004 under the Fair Labor and Standards Act (FLSA). An increase in salary for ordinary Americans is generally a signal of economic growth, and […]
What is a Defamation Claim?
We have all heard this saying before: Sticks and stones may break my bones, but words will never hurt me. But is this true? Are words truly harmless? According to the law, words can be harmful. Words carry weight. They matter: “Defamation is a statement that injures a third party’s reputation. The tort of defamation […]
Child Support Wage Garnishment
It’s the Law Child support wage garnishment is something some employees don’t want to face. Many employers hate to deal with it. But the facts are what they are: Child support garnishment in the state of Florida is the law. When we think of wage garnishment on child support payments, we think of irresponsibility. But underneath […]
How to Clear up Criminal History for Job Applications
Getting arrested or convicted of a crime can be an earth-shattering event. It changes everything you ever knew about life and yourself.
The “Key” Employee Exception
Can You Be Too Important For FMLA Protection? The FMLA, or “Family Medical Leave Act,” is a federal law with which many people are already familiar, and has ensured job protection for a countless number of workers during their time of need. Whether it is a personal medical crisis or a medical crisis within the […]
Negative Reference
Is it Illegal to Provide a Negative Reference? It Depends. Let’s be honest, references can make or break a job seeker’s chances of getting hired. Although being asked to provide a reference is a routine thing for many coworkers, hiring managers and supervisors — both the applicants and references themselves typically have a clear idea […]