Downtown West Palm Beach
625 N. Flagler Drive
Suite 600
West Palm Beach, FL 33401

Phone: (561) 659-3300
Fax: (561) 659-1911
 
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October 25, 2016  
 
TRICK OR TREAT??
 
This Halloween, it's bad enough there are scary clowns appearing out of nowhere, there are even spookier legal claims on the rise which employers will not be thrilled to face this coming year.

Warning: reading further may result in workplace nightmares
 
"Hot Tub Time Travelers" -- FLSA Wage and Hour Overtime Claims (the fastest growing area of employee claims) (the new regulations take effect December 1 - are you ready??). Our Firm can conduct an FLSA Audit to classify your employees correctly, review your pay practices and defend claims if they are brought;
 

"Ghostbusters" -- Restrictive Covenant Litigation (Non-compete, Non-solicitation, Non-Disclosure, Misappropriation of Trade Secrets) (where your intellectual property, customer lists, databases, key employees and major clients disappear). Our Firm can provide you with the agreements you need and suggest the policies you can follow and the actions you can take to help protect your most important and least protected assets, your Intellectual Property;

"The Exorcist" -- Whistleblower Claims (where an employee objects to the company violating a law, rule or regulation and, thereafter, claims to be a victim of adverse employment action) (our Firm can counsel you to deal with claims brought by employees, legitimate or not, so they don't turn into lawsuits and, if they do, we can help the company take steps to defend itself);

"The Bermuda Pentagon" -- (much worse than the infamous Bermuda Triangle) -- The vortex where the FMLA, ADA, Workers Comp, GINA, PTO, Short Term Disability and Leave Policies converge (when an employee has a medical/disability/serious health issue/on the job injury and the employer has to figure out how to deal with trying to solve it without doing something inadvertently that brings on a lawsuit). Our Firm can counsel your company to consider how to comply with its various overlapping and sometimes incongruous responsibilities, provide required notices, engage in the interactive process, consider reasonable accommodations, etc.);

 
"The Night of the Living Dead" -- Retaliation and Pretaliation (just when you thought you could separate employees from the company, they're baaaack. Some employees file pre-emptive claims just so that their employers will be reluctant to terminate them out of fear of being hit with a retaliation claim, hence "Pretaliation") Our Firm can counsel your company on what steps to take to deal with the potential exposure;

"Freddie Krueger Meets Jason" -- Social Media Meets Employment Law (as social media becomes a larger part of our personal lives and the business duties of employees, the law is struggling to keep up with the advances of technology, as new types of claims are surfacing (e.g., under the NLRA) and employers are becoming more uncertain of how to handle their employees' mandatory and personal use of social media). Our Firm can help establish Social Media policies for your company and counsel you on an ongoing basis to deal with issues that arise 24/7; and


"The Zombie Apocalypse" -- Employees who file Retaliation claims even after they're already been terminated, oh my!! Some employees file pre-emptive claims just so that their employers will be reluctant to terminate them out of fear of being hit with a retaliation claim, hence "Pretaliation") Our Firm can counsel your company on what steps to take to deal with the potential exposure;

"The Revenge of Lilly Ledbetter" -- Genderism is causing more women to stand up for their rights in the workplace, for example, by bringing claims for Pregnancy Discrimination, for Equal Pay, hostile work environment, failure to provide lactation rooms, etc. Our Firm can review your practices and compensation structure and help your company be proactive to help avoid claims from arising.

"Jaws" -- Just when you thought it was safe to go back into the water, what do you do when your employees threaten to report you to OSHA when you send them work in an area infected with the Zika virus??

"Reefer Madness" -- How are we going to handle medical marijuana? Get ready to revise your employee handbooks..
 
So, who you gonna call?

The Schwarzberg & Associates Employment Law Compliance and Defense Group is here to help you deal with your employment-related issues and challenges. We have extensive experience in developing effective policies, procedures, and proactive responsive measures to deal with a myriad of workplace issues. Please do not hesitate to contact one of our members: Steve Schwarzberg, Lisa Kohring or Phoebe Eckstein at (561) 659-3300 to obtain more information about our firm and its various employment law compliance and defense services.
 
www.schwarzberglaw.com
 
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