Social Media Workplace Laws

     In 2012, six states passed legislation regarding social media in the workplace.  These states are: California, Delaware, Illinois, Maryland, Michigan, and New Jersey.  These states have made it so employers are not legally allowed to ask their employees for passwords for personal internet accounts, i.e. email, banking and social networking sites, etc. in order for that employee to keep his/her job.

     In 2013, three more states passed legislation regarding social media in the workplace.  These states include New Mexico, Utah, and Arkansas.

     Some states have similar legislation to protect students in public universities and colleges from having to grant access to their social media accounts.

For more information regarding social media laws in the workplace, please visit the National Conference of State Legislatures.

If you are the victim of discrimination or harassment in the workplace, please contact Ambuter Law.

FMLA vs. Short Term Disability

     I have had many clients ask me what is the difference between FMLA and short term disability.  I  have also had clients ask me if they can take FMLA and short term disability concurrently.  The answer to the latter is:  yes. 

     FMLA provides job security, but no compensation for lost wages.  If you decide to take FMLA and not short term disability concurrently, your job will be secured while you are on leave.  However, you will not be entitled to lost wages while you are on leave.  However, if your employer offers short term disability, you can take the short term disability concurrently with FMLA and receive compensation during the time that you are out.

     How is leave under the FMLA decided?  Whether you are granted leave under the FMLA is determined by your employer.  You must provide your employer with your medical condition, as well as a doctor's note supporting your leave request.  Once you put your company on notice of your FMLA request, your doctor will  be required to submit an FMLA certification form.  If your employer grants you FMLA, you are eligible to take leave for a period of twelve (12) weeks. 

     How is short term disability decided?  Whether you are granted short term disability is determined by your employer's disability insurance carrier.  Inform your employer's Human Resources' department that you are requesting short term disability, and they or the insurance carrier should provide you with the appropriate paperwork.  Usually you will be providing the same type of information for short term disability that you would be for FMLA.

If you have questions regarding your FMLA rights, please contact Ambuter Law.

At-Will Employment

     What is employment-at-will?  At-will employment is defined as employment where an employer can terminate an employe at any time for any reason, except an illegal one, or for no reason without fear or incurring any liability.  The same works for the employee.  An employee is free to end his/her employment for any reason without fear of incurring any liability or adverse legal action.  Also, under at-will employment, an employer is free to change the terms of employment, such as wages or job responsibilities, with no notice and no consequences.

     At-will employment can be modified by an employment contract.  A contract may provide for a specific term of employment, or specify that employment may be terminated only for cause. 

     Many states also have common law exceptions to at-will employment.  Those exceptions include public policy, implied contract, and implied covenant of good faith.  However, these exceptions do not apply to Florida.

For more information on at-will employment, please click here.

If you have any questions regarding at-will employment, please contact Ambuter Law.

What does "Right to Work" Mean?

     What does it mean to live in a "Right to Work" state?  What it means is that gives the right of every American to work without being compelled to join a union.  It also means that unions cannot require workers to pay full dues even if they are working in a union shop.  Employees who were part of a union and wish to cancel their union membership are allowed to do without penalty or fear of losing their job.  However, nonunion employees who are represented by unions when filing grievances are responsible for paying unions for the portion of time spent representing them.  There currently are 24 "Right to Work" states.

     "Right to Work" is not to be confused with "At Will" employment.  

If you have any questions regarding Florida's "Right to Work" law, please contact Ambuter Law.

Florida Non-Compete Agreements

So your boss has asked you to sign a non-compete agreement.  Here's what you need to know. 

• Florida Statute 542.335 governs non-competes entered into after 1996, and Florida Statute 542.33 governs non-competes entered into before 1996.

In order for the non-compete to be enforceable, it must:

• be reasonable in time, area, and line of business,
• have reasonable business interests that exist to justify the restrictive covenant, and
• the non-compete must be reasonably necessary to protect the legitimate business interests.

The statute provides a list of non-exhaustive legitimate business interests.  Such interests include:

• trade secrets,
• confidential business information,
• substantial relationships with specific prospective or existing customers, and
• extraordinary or specialized training.

After determining that legitimate business interests do exist, a court will determine if the time and geographical restrictions of the non-compete are reasonable.  In Florida, less than six (6) months is presumptively reasonable, and more than two (2) years is presumptively unreasonable.  Regarding geographical restrictions, courts usually will not a non-compete in which the enforcing party does not do any business.

If you have questions regarding your non-compete agreement, contact Ambuter Law for your free case evaluation.

EEOC's Strategic Enforcement Plan

     On February 22, 2012, the EEOC approved a Strategic Enforcement Plan for 2013-2016.  The plan sets forth a framework for achieving the EEOC's mission to end discrimination in the workplace.  The Strategic Plan identifies six national enforcement priorities.  Those include:

1. Eliminating Barriers in Recruitment and Hiring. The EEOC will target class-based recruitment and hiring practices that discriminate against racial, ethnic and religious groups, older workers, women, and people with disabilities.
   
2. Protecting Immigrant, Migrant and Other Vulnerable Workers. The EEOC will target disparate pay, job segregation, harassment, trafficking and discriminatory policies affecting vulnerable workers who may be unaware of their rights under the equal employment laws, or reluctant or unable to exercise them.
   
3. Addressing Emerging and Developing Issues. The EEOC will target emerging issues in equal employment law, including issues associated with significant events, demographic changes, developing theories, new legislation, judicial decisions and administrative interpretations.
   
4. Enforcing Equal Pay Laws. The EEOC will target compensation systems and practices that discriminate based on gender.
   
5. Preserving Access to the Legal System. The EEOC will target policies and practices that discourage or prohibit individuals from exercising their rights under employment discrimination statutes, or that impede the EEOC's investigative or enforcement efforts.
   
6. Preventing Harassment Through Systemic Enforcement and Targeted Outreach. The EEOC will pursue systemic investigations and litigation and conduct a targeted outreach campaign to deter harassment in the workplace.
   
    Based on this, employers should expect to see a very active EEOC over the next few years.
   
   If you are the victim of discrimination in the workplace, please contact Ambuter Law for your free case evaluation.
   
   
   
   

ADEA Facts

The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against employees and applicants age 40 or older.  In some instances, there are exceptions, such as if an employee’s age affects his/her ability to perform certain jobs effectively.

So who exactly is a regulated employer?  Regulated employers include:

• private employers with 20 or more employees
• state and local governments
• employment agencies, and
• labor organizations.

Who is considered a covered worker?  To be protected under the ADEA, a worker must be:

• be a current or prospective employee of a covered employer
• be at least 40 years old or older.

What's prohibited?  The ADEA applies to all aspects of employment including:

• hiring
• firing
• compensation
• benefits
• job assignment and transfers
• employee classifications
• promotions
• layoffs and recalls
• training and apprenticeship programs
• retirement plans, and
• time off.

The ADEA also prohibits employers from retaliating against employees who complain of age discrimination or otherwise assert their rights.

If you are the victim of age discrimination, please contact Ambuter Law for your free case evaluation.