Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: Florida

Courts uphold law enforcement officer’s discharge for racially insensitive posts

Posted in First Amendment, Public Sector Employment, Social media
The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection. However, the freedom of speech guaranteed by the First Amendment is not without limits, even for public sector employees. Governmental employees who voice their opinions — even on matters of… Continue Reading

Weekly catch-up

Posted in Class actions, Drug Testing, FOCUS, Immigration, Labor Relations, Paid Leave, Politics, Safety, Social media, Uncategorized
Supreme Court agrees to review “travel ban” cases and partially stays injunctions on the ban pending a final decision. The Trump Administration won a partial victory this week when the U.S. Supreme Court decided that portions of the preliminary injunctions against the “travel ban” issued in March should be stayed. What that means is that the travel… Continue Reading

Are police-worn body cameras a mandatory subject of bargaining?

Posted in Labor Relations, Public Sector Employment
Whether justified or not, the recent spate of high-profile police shooting cases throughout the United States has brought national attention to the issue of whether law enforcement officers should be using body cameras while on duty. Currently, a debate rages among the various stakeholders concerning the pros and cons of body cameras. Those in favor… Continue Reading

There’s a new Sheriff in town: The politics and pitfalls of patronage dismissals (Part 2 of 2)

Posted in First Amendment, Public Sector Employment
NOTE FROM ROBIN: This is the second and final installment in a series on the law regarding patronage dismissals in public sector employment by Damon Kitchen, head of our public sector industry group. In last week’s installment, I provided an introduction to the issue of patronage dismissals in the public sector, and a discussion of the Supreme… Continue Reading

Straight from the source: EEOC’s 10 hottest litigation trends

Posted in Americans with Disabilities Act, Background Checks, Class actions, Discrimination, Harassment, Pregnancy, Retaliation, Settlements, Telecommuting
Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference. The EEOC has been litigating like a house afire, so I knew you would want to hear what he had to say. Mr. Lopez – who… Continue Reading

Denial isn’t just a river in Egypt – it may be defamation. Ask Bill Cosby.

Posted in Uncategorized
“Drag a $100 bill through a trailer park, you never know what you’ll find.” “Every word she writes is a lie, including ‘and’ and ‘the.'” “Did NOT!” Can a denial open you up for a defamation suit? Apparently. This is essentially what recently happened to Bill Cosby. Three women said that Mr. Cosby sexually abused them many years ago, before many of… Continue Reading

One of EEOC’s first transgender lawsuits has settled

Posted in Discrimination, Gender Identity Discrimination
Last September, I posted that the EEOC had filed its first two lawsuits against private employers alleging discrimination based on gender identity. The EEOC announced this week that one of the lawsuits — against Lakeland Eye Clinic of Florida — has settled. The Clinic has agreed to make two payments of $75,000 to Brandi Branson, who… Continue Reading

BREAKING: EEOC files first transgender suits against private employers

Posted in Gender Identity Discrimination
Bloomberg BNA reports this afternoon that the Equal Employment Opportunity Commission filed two transgender discrimination lawsuits yesterday, the agency’s first ever against private-sector employers. One is against a Michigan funeral home, and the other is against a medical clinic in Lakeland, Florida. Both cases appear to involve straightforward discrimination allegations: employees who presented as males… Continue Reading

“I hate him” is not reasonable cause for a drug test

Posted in Drug Testing, Uncategorized
ROBIN’S NOTE: I am happy to have Tommy Eden back again for a guest post. Tommy is from Constangy’s offices in Opelika, Alabama, and West Point, Georgia. He drafts DOT and state-specific drug testing policies for clients nationwide, and he serves on the Board of the Substance Abuse Program Administrators Association. Employers often want to know how… Continue Reading