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Arbitration Clause Won’t Prevent Sexual Harassment Lawsuits
Over the years, many employers include pre-dispute mandatory arbitration agreements with new employees (sometimes in an employee handbook, and otherwise in a separate agreement). Both parties agree to submit any employment-related disputes to arbitration, rather than to the traditional court process. Arbitration is an alternative dispute resolution...
Can Rigorous Enforcement of FMLA procedures become Interference & Retaliation?
Atlanta, GA – On January 27, 2017, the Eleventh Circuit Court of Appeals decided Diamond v Hospice of Florida Key, and analyzed how to review claims of FMLA interference and retaliation.   Here are the facts.  The Plaintiff, Ms. Diamond was a social worker for Hospice of Florida Keys.  She submitted the proper FMLA paperwork because......
OSHA provides Interpretation Memo of its new discipline, retaliation rule
In late October, OSHA’s Deputy Assistant Secretary, issued an interpretation memorandum designed to explain the anti-retaliation and injury reporting procedures in more detail. The interpretation offers clarification on what your organization must do in order to comply with the final rule. With respect to reporting an injury, OSHA considers a re...
EEOC Issues Final Guidance to Employers on Retaliation and Interference
#HR and #floridacontractors, be aware that on August 29, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued final Enforcement Guidance on retaliation and related issues.  Federal EEO laws prohibit employers from punishing job applicants or employees for asserting their rights under the discrimination and harassment laws.  Assert...
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