Blog

Christopher Lunny

Florida Minimum Wage Set for 4.9% Increase

Over the weekend, the State of Florida announced that the minimum wage would increase from $7.31 per hour in 2011 to $7.67 per hour starting January 1, 2012.  The minimum wage for tipped employees will also increase from $4.29 per hour to $4.65.  The increase is based upon a rising Consumer Price Index and Florida’s …
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Christopher Lunny

NLRB Delays Posting Requirement Until Jan 31, 2012

The National Labor Relations Board (NLRB) has postponed the implementation of its new posting rule regarding employee rights information.  In a press release issued Wednesday, October 5, 2011, the NLRB announced that the new employee rights posting requirement would not be effective until January 31, 2012.  The press release can be found here:  https://www.nlrb.gov/news/posting-employee-rights-notice-now-required-jan-31-board-postpones-deadline-allow-further-educa According to …
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Christopher Lunny

EEOC Sues Bass Pro and Issues Press Release

The front page of the EEOC’s website may look a little different to viewers today as the government’s site contains a dedicated space to recruit claimants for a lawsuit filed by the EEOC against Bass Pro Outdoor World, LLC (“Bass Pro”) in the U. S. District Court for the Southern District of Texas, Houston Division …
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Travis Miller

Radey Thomas Yon & Clark Among Florida Trend Best Companies to Work For

Radey Thomas Yon & Clark, P.A. today announced that Florida Trend magazine ranked it among the Top 100 Best Companies to Work for in Florida.  Florida Trend annually ranks the “Best Companies to Work for in Florida,” and its August issue lists the 2011 winners.  The firm is one of only four Tallahassee companies to …
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Christopher Lunny

EEOC Publishes Final Regulations Implementing ADAA

The EEOC has now published its final regulations which implement the Americans with Disabilities Act Amendments of 2008.  The new regulations can be found at http://www.federalregister.gov/articles/2011/03/25/2011-6056/regulations-to-implement-the-equal-employment-provisions-of-the-americans-with-disabilities-act-as According to the EEOC press release yesterday, “the regulations are designed to simplify the determination of who has a ‘disability’ and make it easier for people to establish that …
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Christopher Lunny

EEOC Launches Religious Discrimination Claim Against Convergys

Earier this month, the U.S. Equal Employment Opportunity Commission (EEOC) filed suit against Convergys Corporation, charging that the relationship management company violated federal law by refusing to hire a call center employee who could not work on Saturdays due to his religion. In its lawsuit, the EEOC alleges that Convergys refused to hire Shannon Fantroy when …
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Christopher Lunny

FMA Hosts Days At The Capital

For most of today, the Florida Medical Association will be hosting the “Days at the Capital” event.  The function includes lunch with Senator Hays and an evening reception at the FMA’s new building located at 1430 Piedmont Drive East in Tallahassee.   Founded in 1874, the FMA is one of Tallahassee most influential associations and is dedicated …
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Christopher Lunny

USDOL Recovers $934,000 in overtime wages plus $104,000 in penalties from UnitedHealthcare

Earlier this month, the United States Department of Labor (USDOL) announced the end of an exhaustive investigation into employment practices at UnitedHealthcare’s main office in Hartford, Connecticut.  During this investigation, the USDOL interviewed 90 employees and examined compensation records for 21,000 employees.  The end result was the payment of over 1 million dollars in back …
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Christopher Lunny

House Subcommittee Takes Long Look At Gambling

This morning the House Subcommittee on Business and Consumer Affairs met in the House Office Building lower level to discuss gaming in Florida.  The House Building was simply packed with a number of stakeholders in the mix:  gaming representatives, opposition, lobbyists and bystanders.  The meeting started with a general update on current gaming activities in Florida.  …
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Christopher Lunny

Supreme Court Opens Door to Retaliation Claims by Third Parties

On January 24, 2011, the Supreme Court of the United States handed down a decision that will, no doubt, reshape the world of employee retaliation claims.  In Thompson v. North American Stainless, LP, Plaintiff Eric Thompson and his fiance worked for the same company.  After his fiance filed filed a charge of gender discrimination with the Equal Employment …
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Christopher Lunny

White House Direction on Reduction in Rules

On January 18, 2011, President Obama signed an Executive Order that outlined his regulatory strategy “to support continued economic growth and job creation, while protecting the safety, health and rights of all Americans.” The Executive Order on Improving Regulation and Regulatory Review can be found here.  As a way to immediately implement this strategy, two …
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Christopher Lunny

EEOC Provides Small Business Assistance on GINA

The Genetic Information Nondiscrimination Act (GINA) required the Equal Employment Opportunity Commission (EEOC) to issue regulations implementing Title II of the Act, which it did on November 9, 2010. The EEOC has now created the following website http://www.eeoc.gov/laws/regulations/gina_qanda_smallbus.cfm to provide small businesses with practical information about the most important requirements of Title II of GINA …
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Christopher Lunny

Providing Notice Under The New GINA Law

In November 2010, the EEOC issued final regulations implementing the employment provisions (Title II) of the Genetic Information Nondiscrimination Act (GINA).   GINA prohibits the use of genetic information in decision making about health insurance and employment and restricts employers from acquiring and disclosing genetic information. The regulations provided model language for employers to use when …
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Christopher Lunny

USDOL Requests Public Input

In a news release on 12/21/2010, the U.S. Department of Labor’s Wage and Hour Division requested public comments on its preliminary interpretations of a new provision of the Fair Labor Standards Act requiring employers provide reasonable break time and a private space for expressing breast milk while at work to nursing mothers. The Break Time …
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Christopher Lunny

USDOL Regulatory Agenda: Plan/Prevent/Protect

Employers would be interested to review the USDOL’s regulatory agenda published in Spring 2010.  In particular, employers should note the USDOL’s emphasis on proactive measures that the department would like to require employers to take before the USDOL investigator arrives.  Indeed, the USDOL’s agenda marks the end of any regulatory tolerance for what the government …
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