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fuck-customers · 7 years

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im kinda concerned about the attitude towards breaks at my new job. the only true breaks they give are lunches and you have to be scheduled 7+ hours to get one, otherwise you dont 'technically' have a break? i asked about it on my first day and the manager said breaks are more of a 'courtesy'???? i tire out fast so ive been asking every shift and while they havent denied me one yet (aside from shortening one) they always sound like its a burden on them? i live in florida btw

State Lunch and Break Law Governing FloridaPosted on April 6, 2016 bySarahRecently, I’ve been reviewing the laws related to lunches, breaks and other work hour issues. I think it is interesting to note that Florida does not have any laws on the books specifically related to this area, except those pertaining to minors. Florida law requires that minors under age 18 must be given an uninterrupted meal or rest period of at least 30 minutes for each four hours they have continuously worked.Although Florida does not have a lunch and break law for those persons 18 and over, there are applicable federal rules for Florida citizens. While Federal Law does not mandate specific breaks or meal periods, it does give guidance as to whether or not an employee should be paid during these times. Short breaks are usually 20 minutes or less, and should be counted as hours worked. Genuine “meal periods” are usually 30 minutes or more, and do not need to be compensated as work time. For this to be the case, however, the worker must be completely relieved of his or her duties during the meal break. If the employee is still required to do any duties (even minor duties such as answering a phone), it can’t be considered a meal or lunch period and must be paid.Federal law also contains other provisions related to employee pay during times of waiting, sleeping and traveling. Whether or not waiting time needs to be considered paid work hours depends on the situation. If an employee is allowed to do something of his or her choosing while waiting for another task to be finished or while waiting at the workplace for his or her services to be called upon, it is generally considered work time. On the other hand, if an employee is waiting to be called upon, but has great freedom to do what he or she wishes while on call (and has plenty of time to respond to the call), it is not generally considered paid work time.When it comes to sleeping time, employees required to be on duty less than 24 hours is considered to be “working” even if he or she is permitted to sleep during some of those hours when not busy. If an employee is on duty more than 24 hours, a sleeping period of no more than eight hours may be deducted from work hours. However, this can only be done if sleeping quarters are provided and at least five hours of uninterrupted sleep may be achieved by the employee.Finally, another issue I find comes up in the area of work hours is the issue of travel time. The general rule of thumb is that time spent in the normal day’s commute to and from work is not considered paid working time. However, if an employee is traveling in the course of a days work, it must be considered paid work time.Complete information on the laws related to lunches, breaks and other pertinent labor issues can be found on the Florida All in One Labor Law Poster. This poster offers all the required postings for both federal and state labor laws.https://www.laborlawcenter.com/education-center/florida-lunch-and-break-law/-Rodney

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scottsmithus · 4 years

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Registered Nurse RN – Home Infusion full time – Okeechobee FL

Job Description As a Registered Nurse (RN), Home Infusion you will work outside the walls of a hospital setting in a growing specialized area of the nursing field. If you are spending 12 hours on your feet or rushing from patient to patient with no time to provide quality patient care, this would be the perfect opportunity to change your work environment. Our nurses have the time and a balanced schedule to build strong one-on-one relationships with patients and their families. As a Home Infusion RN you will… – Provide a broad range of infusion therapies in patients’ homes. – Make a difference by using your clinical IV experience and personal touch to assist our patients recover in the comfort of their own home. – Provide one-on-one home infusion nursing care visits and patient education in accordance with the physician’s plan of treatment. – Additional licensure may be required in multi state service areas. – Use excellent written and verbal customer service skills in order to interact with the patient, physician, pharmacist and other partners. – Challenge your clinical nursing (RN) skills by receiving continuous training on leading edge technology and clinical requirements in specialty infusion. Certification and recertification expenses can be reimbursed for eligible RNs such as Certified Registered Nurse of Infusion (CRNI®)! In this full time position with benefits. you’ll be working a flexible weekly schedule of 4 shifts for 9 hours each visiting patients in greater Okeechobee, Indian River County and surrounding areas which may require travel of a 2 hour radius (travel time paid and mileage reimbursed). On call rotation to be 1 night per week and 1 weekend per month or as needed. Registered Nurses (RN) with Coram CVS/specialty infusion services have a uniquely rewarding setting to use their exceptional nursing skills. As a national leader in the home infusion field and a Fortune 8 company, we seek those special RNs who not only possess strong clinical expertise with creative ideas but have the kind of deep compassion and sensitivity it takes to treat people in their homes. Learn more about us: https://www.youtube.com/user/CoramHealthcare https://www.youtube.com/watch?v=NIjmjYrLNYw Infusion, Home Infusion, RN, Registered Nurse, IV Therapy, Home Health, Hospice, ER, Trauma, ICU, Pediatrics, PRN, Vascular Access, IV Team, Oncology, PICC, Central Line, Infusion clinic, Ambulatory infusion, Cath lab, Transplant, Case Manager Required Qualifications – Registered Nurse with current unencumbered license in the state of Florida – Minimum two years nursing experience with a minimum of one year hi-tech infusion/IV experience – Have and maintain current CPR certification – Possess a valid and current driver’s license and auto insurance – Experience with Microsoft Office, Excel, Outlook and Word to document and track patient care activity – Participate in on-call rotation as indicated by staffing and business needs Preferred Qualifications – Pediatric care experience highly preferred – Acute care and home infusion/home health care experience – CRNI certification Education RN Diploma, Associates or B.S. degree in nursing Business Overview It’s a new day in health care. Combining CVS Health and Aetna was a transformative moment for our company and our industry, establishing CVS Health as the nation’s premier health innovation company. Through our health services, insurance plans and community pharmacists, we’re pioneering a bold new approach to total health. Coram CVS/specialty infusion services is a leading national provider of specialty home infusion and specialty pharmacy services providing infusion therapies and services to over 20,000 patients each month. At CVS Health, we work every day to help people on their path to better health. Never has it been more important for us to deliver on our purpose to our valued customers, patients, members, and employees. With a presence in communities across the country, CVS Health colleagues are and will continue to be a critical piece of the country’s health care solution. The health and safety of our employees, patients, customers, and members is our top priority as we face the impact of COVID-19 together. If you would like to learn about the actions we are taking as a company as we learn more about COVID-19 and its spread, we encourage you to visit our COVID-19 resource center at https://cvshealth.com/covid-19 We offer a diverse work experience that empowers colleagues for career success. In addition to skill and experience, we also seek to attract and retain colleagues whose beliefs and behaviors are in alignment with our core values of collaboration, innovation, caring, integrity and accountability. CVS Health is an equal opportunity/affirmative action employer. Gender/Ethnicity/Disability/Protected Veteran – we highly value and are committed to all forms of diversity in the workplace. We proudly support and encourage people with military experience (active, veterans, reservists and National Guard) as well as military spouses to apply for CVS Health job opportunities. We comply with the laws and regulations set forth in the following EEO is the Law Poster: EEO IS THE LAW and EEO IS THE LAW SUPPLEMENT . Please note that we only accept applications for employment via this site. We provide reasonable accommodations to qualified individuals with disabilities. If you need to request an accommodation, a qualified interpreter, written information in other formats, translation or other services, please contact our Advice and Counsel Reasonable Accommodations team by emailing Advice and Counsel Reasonable Accommodations team or calling 877-805-9511. If technical issues are preventing you from applying to a position, contact Kenexa Helpdesk at 1-855-338-5609 or [email protected] . For technical issues with the Virtual Job Tryout, contact the Modern Hire Help Desk at 1-877-451-1695 or [email protected] .

source https://www.jobsinmiramar.com/healthcare/registered-nurse-rn-home-infusion-full-time-okeechobee-fl-8d5ed0a/ source https://jobsinmiramar.tumblr.com/post/619973127661813760

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jobsinmiramar · 4 years

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Registered Nurse RN – Home Infusion full time – Okeechobee FL

source https://www.jobsinmiramar.com/healthcare/registered-nurse-rn-home-infusion-full-time-okeechobee-fl-8d5ed0a/

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ecompaniesusa · 5 years

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Checklist for Forming a Corporation in Florida

Florida Incorporation and company registration.

Contact the Florida Secretary of State to determine if the proposed corporate name is available for registration. The proposed name of your corporation must be “distinguishable upon the records” of the secretary of state. A name is not considered to be distinguishable from another name if the only difference is:

a) reversing of words (e.g., Fast Copy, Copy Fast);

b) use of Arabic numbers or Roman numerals (e.g., Jim’s Sales I, Jim’s Sales II);

c) use of possessives (e.g., Thompson Auto Body, Thompson’s Auto Body);

d) phonetic spelling (e.g., Quick, Kwik).

2) Determine the availability of the proposed corporate name in any other states in which the business will operate.

3) File the articles of incorporation with the Florida Secretary of State, Business Services Division.

1) The name of the corporation must end with “Company,” “Co.,” “Corporation,” “Corp.,” “Incorporated,” or “Inc.”

2) The articles must indicate the corporation’s principal office—city, village or township, and county.

3) The articles must state the number of authorized shares that can be issued and their express terms. NOTE: The number of shares authorized determines the filing fee.

4) If the corporation plans to have an initial stated capital, it must be included.

5) You may appoint the initial board of directors in the articles.

6) The articles must be signed by all incorporators.

4) Incorporators, or the directors if named in the articles, should start a corporate minute book by acknowledging the filing of the articles and including the original of the filed articles.

a) Incorporators, or the directors if named in the articles, should authorize the issuance of shares.

b) The investors should sign a subscription agreement, the agreement in which the investor agrees to buy the shares for a given price.

c) The incorporators, or the directors if named in the articles, may set the value of noncash assets in payment of the subscriptions.

d) The incorporators, or the directors if named in the articles, accept the subscriptions.

e) The incorporators must give notice of the first shareholders’ meeting.

5) Consider electing a “Subchapter S” corporation status for federal and state tax purposes. See Sections 1362 et seq. of the Internal Revenue Code.

a) Use IRS Form 2553. File with the Internal Revenue Service Center, within the 16th day of the third month of the beginning of the tax year.

b) Shareholders and the corporation must file a notice of the subchapter selection with the Florida Department of Taxation.

6) If the business will operate under a name other than its corporate name, a fictitious name must be filed with the Florida Secretary of State.

7) Make sure your business complies with the Florida securities laws. The most common exemption from the Florida registration requirements for small businesses is a small business equity investment to ten or fewer investors. To comply with this exemption, the subscription agreement must include statements that:

1) the purchaser is aware that no market may exist for resale of the securities;

2) the purchaser is aware of any restrictions on the transfer of the securities, and

3) the purchaser declares that the purchase of equity is for investment purposes and not for redistribution. If there are non-Florida investors, check with their resident state security regulator.

8) Make sure your business complies with federal securities laws. Registration is required unless an exemption is available. Following are the two most common exemptions for small businesses:

a) Intrastate exemption

b) Private placement exemption

9) Obtain the taxpayer identification number from the Internal Revenue Service. Submit Form SS-4. See the procedure set forth on the IRS website: www.irs.ustreas.gov. Note that any person filing a Form SS-4 other than a corporate officer must be designated as the Third Party Designee on the Form SS-4. To handle any other tax matters for the corporation, a person must also file Form 2848 with the IRS.

a) By filing the Form SS-4, the corporation is automatically pre-enrolled in the Electronic Tax Payment System.

b) By filing the form SS-4, the corporation will receive the IRS Circular E Employee’s Tax Guide – Forms for Payroll.

10) Take the following action at the first shareholders’ meeting or by written consent of all

shareholders.

a) Elect directors.

b) If the directors named in the articles have not done so, the shareholders should adopt

the code of regulations for the internal government of the corporation.

c) Consider adopting a close corporation agreement

d) Set value for any non-cash payments by investors to the corporation.

e) Consider adopting a shareholder’s buy and sell agreement.

f) Set the fiscal year for the corporation.

11) Take the following action at the first meeting of the board of directors or by written consent of all directors.

a) Elect officers.

b) Set up a bank account by adopting a bank-provided resolution.

c) Consider adopting benefit plans.

d) Consider adopting a group term life insurance plan (see Internal Revenue Code Section 79).

e) Consider adopting accident and health insurance plan (see Internal Revenue Code Section 105[b]).

f) Consider adopting medical reimbursement plan (see Internal Revenue Code Section 105[b]).

g) Consider adopting a death benefit plan (see Internal Revenue Code Section 101[b]). h) Consider adopting a Section 1244 plan. This allows the stockholders to take an ordinary tax loss rather than a capital loss if the business fails and the stockholders lose their investment (see Internal Revenue Code Section 1244).

i) Adopt a resolution for leasing business space.

j) Adopt a resolution for the purchase of any real estate.

k) Set compensation of key employees

12) Consider requiring key employees to execute employment agreements with covenants not to compete.

13) Issue stock certificates or transaction statements for paid shares.

14) Consider adopting policies about the following issues to protect the company, the directors and the executives:

a) sexual harassment;

b) non-discrimination;

c) trade secret protection;

d) company ethics (e.g., corporate gifts, anti-kickbacks);

e) email, computer and Internet use;

f) compliance with environmental laws;

g) compliance with the anti-trust laws;

h) compliance with the worker safety rules;

i) development of procedures to prevent the hiring of illegal aliens, and

j) political contributions.

15) Obtain the following posters to be placed conspicuously in the workplace:

a) Florida Civil Rights;

b) Fair Labor Standards Act – Minimum Wage poster;

c) Employee Polygraph Protection Act – poster advising employees of federal rights when confronted by a request from an employer to undergo a lie detector test;

d) rights of employees under the Family and Medical Leave Act poster;

e) posted notice of the company’s anti-discrimination policy and anti-harassment policy (sex, race, national origin, etc.);

f) Federal Occupational Safety and Health Act (OSHA) poster (states the rights of employees under OSHA);

g) Federal Equal Employment Opportunity Commission poster;

h) Florida Wage and Hour requirements poster

16) Apply for an income tax withholding agent. File Application for Registration as a withholding Agent, with the Florida Department of Taxation.

Starting a new company in Florida. Ecompanies USA offers fast & easy Florida Incorporation, LLC and Business Name Registration services to domestic entrepreneurs and foreign companies wishing to operate in Florida.

Florida Incorporation Service

Florida LLC Registration

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The post Checklist for Forming a Corporation in Florida appeared first on Ecompanies USA.

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benrleeusa · 6 years

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SCOTUS preview guest post: "Strange Bedfellows at the Supreme Court"

I am very grateful that Wayne Logan, the Gary & Sallyn Pajcic Professor of Law at Florida State University and the author of Knowledge as Power: Criminal Registration and Community Notification Laws in America (Stanford Univ. Press, 2009), reached out to offer me an original commentary on a case to be heard by the Supreme Court next month. Here it is:

Herman Gundy, convicted of providing cocaine to a young girl and raping her, is a decidedly unlikely emissary in conservatives’ campaign to dismantle the administrative state. In Gundy v. United States, to be argued the first week of the Supreme Court’s coming term, the Justices will address whether Congress violated the “non-delegation doctrine” when it directed the U.S. Attorney General to decide whether the federal Sex Offender Registration and Notification Act (SORNA) should apply to individuals convicted before its 2006 enactment. Gundy, whose rape conviction was in 2005, has a dog in the fight because the attorney general made SORNA retroactive, and Gundy was convicted of a felony under SORNA after he traveled interstate in 2012 without informing authorities.

The Court’s decision to hear Gundy’s case came as a major surprise. The Justices have not invalidated a congressional delegation in over eighty years and all eleven federal appellate courts addressing the issue have concluded that the delegation was proper. At least four Justices, the number needed to grant certiorari, however, thought the issue worth considering, clearing the way for a potential major assault on the modern administrative state, which is shaped by countless congressional delegations of authority to agencies.

If this occurs, it would be ironic. Conservatives usually tout people like Gundy as poster boys for tough-on-crime policies, such as SORNA, which was enacted by a Republication Congress, signed into law by Republican President George W. Bush, and made retroactive by his attorney general (Alberto Gonzales). Meanwhile, liberals, often fans of the administrative state, in areas such as environmental protection and workplace safety, tend to voice concern over such heavy-handed criminal justice initiatives.

On the merits, Gundy appears to have a strong claim. For a delegation to be proper, Congress must provide an “intelligible principle” to guide the delegated decision, which as Chief Justice John Marshall stated in 1825 should merely “fill up the details” of a law’s application. With SORNA, Congress simply directed the attorney general to decide the retroactivity question — hardly a detail, as it affected half a million people and has required significant federal prosecutorial resources.

Whether SORNA should apply retroactively is the kind of basic policy question that democratically accountable members of Congress should decide. But they punted, for obvious political reasons. The House and Senate could not agree on retroactivity and, when states later provided the attorney general input on SORNA’s possible retroactivity to their own registries, many vigorously objected to retroactivity.

Regardless of whether registration and notification actually promote public safety, which research has cast doubt upon, federal policy on the issue has long been marked by overreach. Since 1994, when Congress first began threatening states with loss of federal funds unless they followed its directives, federal involvement has rightly been viewed as both foisting unfunded mandates upon states and a ham-fisted effort to policy-make in an area of undisputed state prerogative: criminal justice policy.

When Gundy is argued and decided Justice Neil Gorsuch will likely play a key role. As a member of the Tenth Circuit Court of Appeals, then-Judge Gorsuch wrote a lengthy dissent from his colleagues’ refusal to reconsider en banc their decision that the SORNA delegation was proper. Gorsuch advocated a requirement of heightened guidance in criminal justice delegations, justified by the unique “intrusions on personal liberty” and stigma of convictions. There is considerable appeal to Justice Gorsuch’s view, which the Court itself suggested in 1991. Moreover, unlike other policy areas, such as environmental quality and drug safety, criminal justice typically does not require scientific or technical expertise, lessening the practical need for delegations in the first instance.

Ultimately, the Court might conclude, with justification, that the SORNA delegation was invalid because it lacked any “intelligible principle.” On the other extreme, as Justice Thomas might well urge, the Court could outlaw delegations altogether. Chief Justice Roberts, in a dissent joined by Justice Alito, recently condemned the “vast power” of the administrative state, and Court nominee Judge Brett Kavanaugh has signaled similar antipathy. Meanwhile, it is hard to say how the Court’s liberals will vote, given the conflicting interests at work. Time will tell how the dynamic in Gundy plays out but the uncertainty itself provides yet more evidence of the high stakes involved in filling the Court’s current vacancy.

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newssplashy · 6 years

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Last fall, when John DiGravio arrived as a freshman at Williams College — a private, liberal arts institution in the Berkshires — the conservative from Central Texas expected to be in the political minority.

He did not expect to be ridiculed. But in the winter, when he returned from an anti-abortion rally with the school’s Catholic student group in Washington, the college’s usually harmonious Instagram account, which featured a photo of the trip, received numerous enraged comments.

Some posters booed the group. One called it “embarrassing.” Another suggested the students should “start a better club.”

At first DiGravio was taken aback. Then he took his outsider status as a calling. A few months earlier he had started a small, conservative club. He decided to make it bigger. He invited a speaker to give an evening talk on “What It Means to Be a Conservative.” Dozens of students showed up.

“I think I really hit a chord,” he said.

These days, elite students like DiGravio, who can financially and/or academically choose from an array of colleges, are often obsessed with “finding the right fit.” Surveys like ones conducted by EAB, an education consulting firm in Washington, routinely indicate that for this group, “fitting in” is one of the top factors when deciding where to go to school.

But some students, like DiGravio, 19, are discovering the pros and cons of being an outsider.

Today, top public universities are accepting out-of-state students in record numbers. Lesser-known schools sometimes referred to as “hidden gems” have made big efforts to lure high-performing students from far away. Some college counselors say they are encouraging students to explore universities in Canada, England and even Abu Dhabi.

But many say they don’t recommend that for every high school senior.

Nikki Bruno, a New Jersey-based admissions coach, says students have to have an “adventurous spirit,” and seem particularly confident before she suggests a college environment that may feel a bit out of their comfort zone.

Yodit Gebretsadik, 20, is that kind of student. At first, being at Duke University in Durham, North Carolina, which has one of the most moneyed student bodies in the country, was isolating for Gebretsadik, a mechanical engineering major from Jacksonville, Florida, who got there by way of a competitive scholarship program.

Gebretsadik, whose father manages a convenience store, said many students arrived with coveted internships their parents had helped them get and had high school engineering experiences inside and out of the classroom that she didn’t know existed.

She was cloaked in doubt during her first semester. But she said an active campus program designed to support first-generation college students helped her connect with professors and other students like her.

Soon she began to excel in her science and math classes, in many cases outperforming the peers who had arrived with more initial exposure. “It was a huge confidence booster,” she said.

Sociologists who study outsiders say it’s no surprise. They say people who can find even a small support group can become more fully engaged with who they are, and what their core values are, by being in a place that feels foreign.

Pietro Geraci, 22, a libertarian who graduated in May from Vassar College, a small liberals arts school in Poughkeepsie, New York, with a degree in astronomy, says being a political outsider requires some courage.

During Geraci’s freshman year, he joined a small campus chapter of the Young Americans for Liberty, a Washington-based libertarian youth group, and reconnected it with the national headquarters.

Making friends became challenging. “People here don’t like it when you go around saying taxation is theft,” he said. Most of his friends are liberal, he said, and some came to the group’s meetings and were eager to engage in “fruitful conversation.” And Geraci, who speaks with gusto about his ideology, did not let the political tension deter him from touring Cuba with the school’s choir and spending time in the school’s observatory.

Tiago Rachelson, 19, is white, and he attends Morehouse College, a historically black school in Atlanta. Rachelson, a sociology major, said he enrolled because the mission of the school “called to him.” His decision, though, caused waves among some students who were interviewed for a documentary released this summer by VICE.

One young man, commenting in the documentary about the central role historically black colleges and universities have played for black Americans, said the idea that a lot of white students would inundate his school made him feel disrespected.

Rachelson acknowledged those feelings, but he said that navigating the experience had been “transformational.”

And he is not alone in feeling that the outsider role can have a profound impact on one’s sense of self.

Amir Goldberg, an associate professor of organizational behavior at Stanford University Graduate School of Business, who studies outsiders inside the workplace, says being an outsider can cause culture shock. But that doesn’t have to be a bad thing.

“If you have support, that shock can be translated into an advantage,” he said.

That was the case for Jonah Shainberg, a fencer from Rye, New York, who is Jewish. When he was accepted to Notre Dame, a football-heavy Catholic university in Indiana, his mother balked at the idea.

“I’m not sending my Jewish son to Notre Dame,” Shainberg recalled her saying. He was also skeptical.

But once he was there, Shainberg, who graduated this year with a bachelor’s degree in business administration, discovered something about himself he had not totally understood before: His faith was central to his identity.

“I think Notre Dame made me more Jewish,” he said.

For Elyse Hutcheson, 21, the opposite was true. Her time at Hillsdale College, a Christian college in Hillsdale, Michigan, helped her get in touch with her views on reproductive rights, immigration and social welfare programs.

When she arrived, she said, “I knew I wasn’t a conservative, but I didn’t know I was a liberal.” By her junior year, she had re-energized a defunct club for campus Democrats and realized she was agnostic.

She graduated this year with a degree in psychology and art and took a job as a research assistant at Brown University, a liberal-leaning college in Providence, Rhode Island.

While Hutcheson admits it’s a relief to now be around like-minded thinkers, she says fitting in comes with its own pitfalls.

“I don’t want to become complacent because the ideas I have aren’t being questioned anymore,” she said.

This article originally appeared in The New York Times.

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golicit · 6 years

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Top Takeaways from our 28th Annual Labor & Employment Law Seminar

Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you enjoyed the day and that our presentations provided timely, relevant and valuable insight.

Congratulations to our blog contest winners! You will receive complimentary registrations to our 2019 Seminar.

Monelle Petgrave, Amadeus North America

Dawn Gevat, JCD Sports Group

The top takeaways from each of our sessions:

Lisa Berg: You Don’t Know What You Don’t Know About the ADA

ADA prohibits discrimination against qualified individuals on the basis of a disability in regard to hiring, firing, advancement, and other terms and conditions of employment; and requires covered employers to provide reasonable accommodations to qualified individuals with disabilities absent undue hardship.

The definition of “disability” should be interpreted broadly.

Update job descriptions.

Generally, employee must request an accommodation (e.g., informing employer that an adjustment or change is needed at work because of a “medical condition”).

Interact before you act!

Employer should initiate interactive process by having an expeditious, meaningful dialogue with the employee. “How can I help you?”

Employer has an obligation to provide an effective accommodation, not necessarily the one the employee most wants.

Don’t forget GINA safe harbor language when requesting medical information from the employee.

Employer never needs to provide indefinite leave as a reasonable accommodation.

Eleventh Circuit rejects EEOC’s position and holds that ADA doesn’t require reassignment to a vacant position without competition.

Document good faith efforts to reasonably accommodate.

Bob Turk: 15 Ways to Ensure You Have the Perfect Lousy Supervisor

Hiring a lousy supervisor is easy. Finding a grade-A supervisor takes much more effort.

A lousy supervisor can be detrimental to your organization in many ways:

Infighting

Lower productivity and profitability

Increased turnover

Workplace sabotage

Unionization

Employee mutiny

A catalyst for legal claims

Calls to the DOL

Avoid hiring horrible managers by:

Performing a thorough background check

Structuring your interview process

Reviewing the application form/questionnaire

Following up with references

Working with HR during the hiring process

Completing pre-employment testing

If you already employ a horrible manager, all is not lost. There are many strategies that can improve management performance and help create a positive working environment:

Proper training for supervisors

Offer feedback or an evaluation from management

Avoid overwhelming the supervisor

Janet Goldberg McEnery & Bayardo Aleman: Investigating Harassment Complaints Post Weinstein – Are You Prepared?

As the flurry of media coverage has brought to the forefront, the consequences of sexual harassment in the workplace are serious and far-reaching. Employers have the responsibility of maintaining a harassment-free workplace. Now is a good time to “reboot” your policies and take active steps to ensure compliance, including conducting thorough investigations.

Kara Nickel & Joanne Schiffer: Substance Over Forms: FMLA and I-9

FMLA: The FMLA poster must be visible to employees and In the Notice of Eligibility and Rights & Responsibilities form, make sure to check all relevant boxes and do not give inconsistent information about the use of paid leave time during FMLA (it is either required or the employee’s choice, don’t select both options). If the health provider certification is insufficient or incomplete, prepare a specific description of the deficiencies and attach it to the Designation Notice to request more information.

I-9: Fill it out on the first day of employment. Inspect original documents, even for remote employees. Exercise caution if using a prefilled form from a software program as the information may no longer be accurate.

Ingrid Ponce & Giselle Gutierrez Madrigal: All Rise! Decisions that are Changing the Way You Do Business

Be careful when relying on prior salary to set a new salary; make sure to conduct an equal pay analysis of employees at least on an annual basis.

One-time sexual advances can serve as the basis of a retaliation claim; make sure you train your managers to know that what happens outside of work can still bind the company.

We caution against conducting surveillance of employees on FMLA leave and especially without an objective reason to do so.

Remember that requests for a reasonable accommodation for religious reasons require the same interactive process as requests under the ADA. Unless the request poses an undue burden, the employer may have to accommodate.

Settling claims under the FLSA can be tricky. Make sure you consult with employment counsel to ensure your company is protected.

Emoji’s are invading your workplace. Make sure your policies are updated and your supervisors understand that not all emoji’s are harmless.

Andrew Rodman & Eric Roth: LGBTQ: The Issues, the Law, the Reality, and the Decisions Florida Employers Must Make

Train managers and employees on sexual orientation, gender identity and transgender-related issues.

Review/revise policies (e.g., harassment/discrimination, dress code).

Be aware of and comply with applicable state and local non-discrimination laws where your business has operations.

Be consistent in all hiring and employment decisions – based on performance and merit, not on gender stereotypes or other discriminatory factors.

Investigate claims of discrimination or harassment promptly. Be sensitive to gender discrimination issues such as bullying and other unprofessional behavior.

Be sensitive and accommodating: create an open atmosphere and develop goodwill among your employees.

Rene Ruiz & Laura Farinas: Nose Out of Joint? What’s the Law on Joint Employer Status?

Although the new administration is likely to narrow the recently broadened definition of “joint employer,” in the meantime, employers must review their practices to ensure consistency with the current NLRB standard. Most importantly, employers should confirm that they are not exercising or reserving control over essential work terms such as hiring, firing, discipline, exclusivity, or other job specifics.

Glenn Rissman & Elitsa Yotkova: From a 1990 Wheelchair to the 2018 Website: The ADA & Technology-Related Accommodations

When an employer thinks of a workplace accommodation, they may first think of lifting restrictions, or a modification of work duties or a policy. However, with the greater role of technology in all that we do, we anticipate that employers will start receiving requests (and lawsuits) relating to the accessibility of workplace software applications, online forms and web-based training. Employers should be prepared to offer technological accommodations or modify policies to allow an employee to do things “old school.” Similarly, employers may experience a surge in requests to bring an animal to work as an accommodation. Make sure to engage in the interactive process with the employee to identify a reasonable accommodation and remember that, if multiple reasonable accommodations are available, the employer gets to decide which reasonable accommodation to adopt.

Sharon Quinn Dixon, Carol Myers & Andrew McLaughlin: Another ERISA Fiduciary Duty? Protecting Your Benefit Plan’s Confidential Information

Employers must take affirmative steps to protect participant data; doing nothing or relying on either company procedures, or plan providers is not adequate.

Vendor procedures and vendor service contract obligations are essential to plan cyber protection.

Prudent cyber procedures must include frequent and repeated employee training as well as regular and frequent updates to policies and procedures.

If you have any follow up questions for one of our presenters, do not hesitate to contact us.

Today we are hosting our first annual labor seminar in Tampa with similar topics. We can’t wait to see what next year will bring!

Top Takeaways from our 28th Annual Labor & Employment Law Seminar published first on

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