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Broward County Employment Law Blog

EEOC goes after utility company for religious discrimination

Earlier this week, our post focused on the bleak jobs landscape in Florida. According to an analysis of U.S. Census data, Florida leads the nation in long-term unemployment.

With this in mind, it is especially important for victims of workplace discrimination or other illegal employment actions to pursue justice. If you have been a victim of wrongful termination or some other injustice, it may not be an option to simply look for another job.

Florida's job numbers highlight importance of employment lawsuits

Because of the economic recession of the last several years, times are tough everywhere. But the situation seems especially dire here in Florida. According to a recent analysis of U.S. Census data, Florida has the highest rate in the nation of long-term unemployment.

About 53 percent of residents who were unemployed last year were jobless for more than six months. In light of this staggering statistic, it is especially important for those of us who are employed to hold onto the jobs we have. This includes fighting for your rights if you have been a victim of wrongful termination, discrimination, sexual harassment or some other illegal activity that has made it impossible to remain at your current job through no fault of your own.

Walmart gender discrimination issues continue

We have written previously about the long-running gender discrimination suits and scandal facing retail giant Walmart and how the outcome of such legal actions could affect Walmart employees here in South Florida. Though Walmart secured a decisive victory last summer when the Supreme Court ruled that the largest class-action employment lawsuit in history could not move forward as originally filed, the story continues.

The attorney who argued the class action before the Court last summer has recently asserted that serious gender discrimination issues are still prevalent inside Walmart's employee ranks. Though the retailer seems to be treating some gender-related issues with increased care, promotional opportunities and pay equity are still disparate between the sexes.

EEOC data shows more diversity and more discrimination at work

Diversification of the workforce is a priority in many industries in South Florida and elsewhere. Companies both large and small have increasingly sought to hire employees with varied backgrounds, experiences and worldviews.

It is thought that diversity in employee population bring diversity of thought, expansion of knowledge and greater depth in the workplace experience. However, diversity in the workforce also seems to be contributing to a record high in the number of workplace discrimination claims being filed in the United States.

Florida congressman accused of sexual harassment

I think we've all been in uncomfortable situations, but when someone is making unwanted advances towards you in the workplace; it's hard to believe that you are experiencing sexual harassment. This week a Florida woman alleges sexual harassment, including unwanted physical contact, by a congressman.

The accusations against the congressman first came to light last year when the employee worked as a policy advisor on the same commission as the congressman. According to the employee, the first advances came in 2007 during her first meeting, and he allegedly gave unwanted hugs and made sexually suggestive remarks. Further encounters were also documented by the employee, with the most recent incident happening in 2010.

Tips for making smart choices when mixing work with social media

We have previously written about how social media sites like Facebook are blurring the lines between work life and private life. An increasing number of companies in Florida and across the country are firing or disciplining employees for Facebook comments or other social media activities that reflect negatively on the company.

Because this is relatively new territory for employment law, it is not always easy to sort out what disciplinary actions are legal and which constitute wrongful termination. Therefore, the safest way for employees to avoid this mess entirely is to be smart about their use of social media.

More U.S. workplaces are choosing not to hire smokers

There used to be a time in Florida when it was acceptable and commonplace to smoke in almost any building, including the office. In recent decades, more businesses have gone smoke-free and pushed smokers outdoors.

Now, an increasing number of companies in Florida and across the U.S. may be banning smokers themselves. And since smokers are not considered a federally protected class, they may not be covered under anti-employment-discrimination laws such as those which prohibit race or gender discrimination.

NLRB delivers important ruling affecting arbitration agreements

In recent years, an increasing number of companies have started requiring new hires to sign employment agreements in which they agree to settle all work-related complaints through arbitration rather than litigation. This means that they must agree to work out disputes with an arbitrator rather than pursue a lawsuit.

Many agreements also stipulate that employees must pursue claims individually and not as a group. For employees in Florida and elsewhere, these employment agreements often make it difficult or impossible to pursue claims related to everything from sexual harassment to wage and hour violations as a group, even if the problem exists company-wide.

Former personal assistant sues Lady Gaga for missing overtime pay

When it comes to working odd hours, there are few jobs more demanding than that of the personal assistant; especially the assistants of major celebrities or other busy and powerful individuals. Yet even assistants who are on call 24 hours a day are usually still eligible for overtime pay and other important benefits.

Broward County residents who are fans of Lady Gaga may be surprised to hear that one of her former personal assistants is suing the pop star for violations of the Fair Labor Standards Act. The woman says that despite her grueling schedule that regularly had her working more than 40 hours per week, she did not receive overtime pay.

South Florida woman alleges she was fired because of jury duty

Jury duty is an important civic responsibility for American adults. Whether or not an individual ultimately ends up being a juror, he or she must still report for jury duty when called, which usually means missing work.

In Florida, it is illegal to fire or threaten to fire an employee because of jury duty obligations. But in a recent wrongful termination lawsuit, a 49-year-old South Florida woman alleges that her employers did just that.

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