On August 31, 2017, Federal District Court Judge Amos L. Mazzant struck down the Department of Labor (“DOL”) Final Rule that would have categorically increased overtime eligibility by more than doubling the salary threshold under the Fair Labor Standards Act (“FLSA”)’s “white collar” exemptions for executive, administrative, and professional employees from $455 per week ($23,660 […]
Widerman Malek Law Blog
Employment Law Compliance Update – The Fifty Employee Threshold
When an employee sues an employer under various laws such as Title VII of the Civil Rights Act of 1964, as amended (Title VII), the Americans with Disabilities Act (the ADA), the Age Discrimination in Employment Act (ADEA), or the Family Medical Leave Act (FMLA), one of the first key issues that arises in determining […]
The Problems Employers Face When Losing Critical Employees
Every company fears, and eventually, faces the loss of one or more of its key or most critical employees. The reasons, of course, should be obvious. These are the people upon whom your company relies most often in its day to day operations, decision making, business development and crisis management. They are typically the employees […]
Are Your Employments Practices Ready for Audit?
On February 17, 2017 the Office of Federal Contract Compliance Programs (OFCCP) sent out approximately 800 Corporate Scheduling Announcement Letters (CSAL) to contractors doing business with the Federal Government. While the CSAL letters have not been sent out for several years, the OFCCP is resuming this practice.
The Reasons You Need an Attorney for the Settlement of Workman’s Comp Case
If you were injured at work, chances are you underwent a lot of stress both during and after the accident. In fact, oftentimes the period following the accident is the most stressful. As you navigate the paperwork that needs to be done, the phone calls that go back and forth, and the negotiating that all […]
Different types of businesses in Florida
It seems that so many people are packing up from other states and relocating to Florida. Many are retirees. Many are people fed up with the cold and the expense of living where it’s cold. Once in Florida, how are these people going to earn a living. Some may want to start their own business. […]
Significant Employment Law Decision by the United States Supreme Court Impacts Hiring Decisions
Significant Employment Law Decision by the United States Supreme Court Impacts Hiring Decisions Last month the United States Supreme Court issued a recent 7 to 2 decision that now places a substantial burden on employers with respect to their obligation to accommodate employees’ religious practices in the workplace under Title VII of the Civil […]
Federal Contract Employers
Florida Today Business Q&A Article Edward Kinberg April 9, 2014 (Originally published in Florida Today in April, 2014) Federal Contract Employers On March 24, 2014, a new rule went into effect to assist the Department of Labor (DOL) in determining if federal contractors are meeting DOL guidelines for hiring people with disabilities and veterans. Under […]
Unpaid Interns
Florida Today Business Q&A Edward J. Kinberg October 15, 2013 (Originally published in Florida Today in October, 2013) Unpaid Interns My friend and I both work as interns at different companies; she gets paid and I don’t. Should I be getting paid? In the last few months there have been several articles in national magazines […]
Using Independent Contractors
Florida Today Q&A January 2012 (Originally published in Florida Today in January, 2012) Edward J. Kinberg I am setting up a new business and am considering using independent contractors instead of employees. Can I do this? While you can use independent contractors instead of employees, you need to make sure you understand the difference between […]