Downtown West Palm Beach
2751 S. Dixie Highway
Suite 400
West Palm Beach, FL 33405

Phone: (561) 659-3300
Fax: (561) 659-1911
 
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October 26, 2017  
 
TRICK OR TREAT??
 
This Halloween, employment law claims are spookier than ever.
Trying to avoid or defend them can become a real Thriller.

(Warning: reading further may result in workplace nightmares)
(Double Dare: ignoring this list may result in monster claims)
 
"The Harvey Weinstein" -- Genderism Claims. The scariest person working for your company right now would be a Harvey Weinstein-type. Are you willing to jeopardize your entire company by failing to protect it from claims of discrimination, harassment, hostile work environment, and retaliation based on gender or sexual orientation, equal pay violations, pregnancy discrimination, or negligent hiring, training, supervision or retention? Women, especially, are sick and tired of being mistreated and they’re not going to take it anymore. We can help you institute proper policies and training to facilitate compliance help avoid genderism claims;
 
"Dr. Jeckyl and Mr. Hyde" -- FLSA Wage and Hour Overtime Claims (the fastest growing area of employee claims). Employees who seem perfectly content sometimes surprise their employers with nasty expensive lawsuits for overtime or minimum wages. Our Firm can conduct an FLSA Audit to help you determine the exempt status of your employees, which workers may be correctly classified as independent contractors, evaluate who needs to be paid for handling work-related emails, texts and calls after hours, and defend your pay practices;
 
"The Bermuda Triangle" -- The vortex where the FMLA, ADA, Workers Comp, GINA, PTO, Short Term Disability and Company Leave Policies converge (when an employee has a medical/disability/serious health issue and/or an on-the-job injury and the employer has to navigate through a proverbial minefield to comply with legal obligations without inadvertently violating others. Our Firm can help guide you to meet various overlapping, and sometimes incongruous, compliance challenges;
 
"Ghostbusters" -- Restrictive Covenant Litigation (Non-compete, Non-solicitation, Non-Disclosure, and Misappropriation of Trade Secrets) (where your confidential proprietary information, customer/client lists, referral sources, databases, key employees and major clients are misappropriated). Our Firm can provide you with the Agreements you need, suggest the policies you can follow, and the emergency actions you may need to take to help protect your legitimate business interests and 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, suffers retaliation in the form of an adverse employment action) or False Claims Act and Qui Tam Claims (where an employee sues claiming the employer ripped off the government and seeks a government-paid bounty from the amount recovered by the government). Our Firm can counsel you to deal with objections brought or claims made so they don't turn into lawsuits and, if they do, they can be defended;
 
"Freddie Krueger Meets, Likes, Friends and Connects With Jason" -- where Social Media Meets Employment Law. As social media becomes a larger part of employee’s duties, the law is struggling to keep up with new types of claims that are surfacing (e.g., under decisions of the National Labor Relations Board disapproving of policies of employers that prohibit non-management level employees from discussing compensation or workplace gripes). As boundaries become more blurred, employers are becoming more uncertain of how to handle their employees' mandatory business 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;
 
"Reefer Madness" -- How are employers supposed to handle employee’s use of medical marijuana, especially in a drug-free workplace? Are employees with disabilities who are prescribed marijuana allowed to get high at work? What if safety is jeopardized? We can help you revise your Employee Handbooks;
 
"The Night of the Living Dead" -- "Pretaliation" (when some employees sense that a termination is about to occur, they file pre-emptive discrimination or whistleblower claims, to make their employers reluctant to terminate them out of fear of being hit with a retaliation claim, hence "Pretaliation"). Then, there’s post-employment retaliation, where employees sue for retaliation for adverse action taken by the former employer after the employee has been terminated. Our Firm can counsel your company on handling terminations and post termination issues correctly to avoid the "The Zombie Apocalypse."
 
So, who you gonna call?

Schwarzberg & Associates provides employment law compliance and defense assistance. 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 Steve Schwarzberg at steve@schwarzberglaw.com or (561) 659-3300.
 
 
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