Southwest Florida HR Law & Solutions

When Can an Employer Ask for a Second Opinion for FMLA Leave?

Suzanne M. Boy — Wed, 01 Sep 2010 16:26:03 -0500

Recently I was asked when an employer may seek a second opinion to verify an employee's serious health condition for purposes of Family Medical Leave Act ("FMLA") leave. The folks at the FMLA Insights blog addressed this very question in their recent post, FMLA FAQ -...

Miss Blu's Workplace Policy #103: Perfume Assaults Policy

Miss Blu — Wed, 01 Sep 2010 08:16:49 -0500

MEMO From: Miss Blu in HR To: All Employees Re: Perfume Assaults Policy It has been brought to the attention of HR that some employees feel (okay, ONE employee feels) assaulted by the ridiculous amounts of perfume some of you are wearing, so HR created the following policy,...

Addressing Florida's Bring Gun to Work Law in Employee Handbooks

Suzanne M. Boy — Tue, 24 Aug 2010 19:20:58 -0500

Most employers know about Florida's "Bring Gun to Work" law, even if they do not agree with it. The law, which is codified as Florida Statute Section 790.251 prevents employers (with a few exceptions) from banning firearms on their premises under certain conditions. More...

DOL Issues Fact Sheet About FLSA Breastfeeding Breaks

Suzanne M. Boy — Mon, 26 Jul 2010 07:32:38 -0500

The Department of Labor recently issued a fact sheet on the break time requirement nursing mothers, which I discussed in a previous post. As a brief review, the Patient Protection and Affordable Care Act included a provision amending the Fair Labor Standards Act to require...

Employee Personnel Files: What's In? What's Out?

Suzanne M. Boy — Thu, 22 Jul 2010 16:48:52 -0500

With the mountains of paperwork in the workplace these days, HR professionals often question what should -- and what should not -- be kept in an employee's personnel file. Should it be every single document that refers to the employee? Should it only be the...

DOL Clarifies Definition of "Son or Daughter" in FMLA

Suzanne M. Boy — Wed, 23 Jun 2010 16:57:50 -0500

In an Administrative Interpretation issued yesterday, the Department of Labor clarified the definition of "son and daughter" as it applies to an employee standing "in loco parentis" to a child under the Family and Medical Act for purposes of non-military leave. The...

New NLRA Notice Posting Requirements for Federal Contractors

Suzanne M. Boy — Sun, 06 Jun 2010 16:18:30 -0500

The final rules implementing Executive Order 13496, which was signed by President Obama on January 30, 2009, were recently issued. Under the new rules, federal contractors and subcontractors are required to inform employees of their rights under the National Labor Relations Act...

Miss Blu's Workplace Policy #102: Birthday Decorations Policy

Miss Blu — Tue, 01 Jun 2010 15:10:29 -0500

MEMO From: Miss Blu* in HR To: All Employees Re: Birthday Decorations Policy HR has recently learned that some employees are discussing and even <gasp> displaying other employees' ages on birthday decorations in the workplace. In this day and...

DOL Now Offers Disability Nondiscrimination Law Advisor

Suzanne M. Boy — Tue, 11 May 2010 20:11:27 -0500

The Department of Labor recently debuted its Disability Nondiscrimination Law Advisor, an online tool intended to help employers determine which federal disability nondiscrimination laws apply to their organization, and their responsibilities under each law. Employers answer a series of...

18th Annual HR Law & Solutions Seminar a Huge Success

Suzanne M. Boy — Mon, 03 May 2010 07:55:45 -0500

Henderson Franklin's Employment Law Practice Group welcomed a record 280 attendees to its annual HR Law & Solutions Seminar on April 27, 2010. Attendees learned about the latest case law and legislative updates, the risks and rewards of social media plus tips on crafting a social...

FLSA Amended to Require Breaks for Nursing Mothers

Suzanne M. Boy — Thu, 01 Apr 2010 21:22:22 -0500

As part of the recently enacted Patient Protection and Affordable Care Act ("PPACA"), the Fair Labor Standards Act has been amended to require breaks for nursing mothers. Effective immediately, employers must now provide "reasonable" breaks for nursing mothers to...

Miss Blu's Workplace Policy #101:

Miss Blu — Thu, 01 Apr 2010 15:10:29 -0500

MEMO To: All Employees From: Miss Blu* in HR Re: Workplace Policy #101: Drinking at Company Party As you are aware, the company party is coming up this weekend. HR is concerned that some employees will get snockered at this...

Update: DOL Issues New COBRA Notices

Suzanne M. Boy — Tue, 23 Mar 2010 11:31:13 -0500

The Department of Labor recently issued updated COBRA model notices to assist employers in complying with the recently enacted Temporary Extension Act of 2010 ("TEA"). The DOL website has the following model notices available: Model Updated General Notice Model...

President Obama Signs Jobs Bill, Hopes to Help Millions of Unemployed Workers

Suzanne M. Boy — Thu, 18 Mar 2010 12:54:01 -0500

President Obama signed the HIRE Act, a $17.5 billion jobs bill, into law earlier today. The bill includes tax breaks for small businesses and highway program funding intended to promote job growth. Small businesses that hire out-of-work employees will...

18th Annual HR Law & Solutions Seminar: Registration Now Open

Suzanne M. Boy — Mon, 15 Mar 2010 08:37:05 -0500

Register now for the 18th Annual HR Law & Solutions Seminar. This seminar, sponsored by Henderson Franklin's Employment Law Practice Group, will be held on April 27, 2010 at the Pelican Preserve Country Club Clubhouse in Fort Myers, Florida. Registration and continental breakfast...

President Obama Signs Bill Extending COBRA Subsidy

Suzanne M. Boy — Sun, 14 Mar 2010 20:12:55 -0500

On March 2, 2010, President Obama signed the Temporary Extension Act of 2010 into law. This bill, which applies retroactively, extended the COBRA subsidy for individuals who lose group health coverage due to an involuntary termination that occurs up to and including March 31,...

Unemployment Compensation and COBRA Benefits Set to Expire Today

Suzanne M. Boy — Sun, 28 Feb 2010 09:20:18 -0500

Federal unemployment compensation and COBRA benefits expire tonight due to a gridlocked vote in the Senate. As FOXNews reports: Unemployment insurance and COBRA benefits will expire Sunday for millions of voters because the Senate was unable this week to pass a short-term extension, a...

The NLRA...Not Just for Unionized Workplaces

John F. Potanovic — Thu, 25 Feb 2010 20:49:56 -0500

A provision in fictional ACME, Inc.'s employee handbook states: "All employees are strictly prohibited from discussing their salary or wage information with one another. Violation of this policy may lead to discipline up to and including termination." This provision, or one...

FLSA, Severance Agreements, FMLA, and more: New Issue of HFSH Employment Law Update Online Now

Suzanne M. Boy — Mon, 15 Feb 2010 11:55:00 -0500

The Employment Law Practice Group is pleased to provide the February 2010 edition of the Employment Law Update, which features the following articles: Did you know that Florida ranks second only to California in the number of wage and hour suits brought against employers? Robert...

Q&A with Charlotte Mack King: Hope Hospice and Community Services, Inc.

Suzanne M. Boy — Fri, 05 Feb 2010 09:48:59 -0500

Charlotte Mack King, Chief Human Resources Officer of Hope Hospice and Community Services, Inc. ("HOPE"), graciously agreed to answer a few questions for this blog. HOPE has managed to weather one of the worst economies in recent memory, in fact thriving despite dismal economic...