The Law Office of Michelle Cohen Levy, P.A.The Law Office of Michelle Cohen Levy, P.A.2024-03-18T00:40:10Zhttps://www.cohenlevylegal.com/feed/atom/WordPress/wp-content/uploads/sites/1301490/2020/03/cropped-favicon-32x32.pngOn Behalf of The Law Office of Michelle Cohen Levy, P.A.https://www.cohenlevylegal.com/?p=487122024-03-18T00:40:10Z2024-03-18T00:40:10ZWhat has happened so far?
For years, non-compete agreements have affected the rights of skilled workers and educated professionals to accept new jobs or start their own businesses. Many powerful companies require that new employees or those accepting promotions sign contracts with non-compete agreements that limit their future work opportunities.
The FTC recently asserted that non-compete agreements can have a chilling effect on the economy. Following the release of materials about non-compete agreements and their impact on the economy, the FTC began accepting public commentary. Those with an interest in this policy could submit feedback for consideration as the FTC moved forward with the potential ban on non-compete agreements.
Several organizations that represent business interests indicated an intent to challenge any non-compete ban that the FTC implements. The feedback period closed in 2023, and the FTC could potentially vote on a federal ban on non-compete agreements in the next few weeks. Should be FTC approve a ban, there could be legal challenges brought against the new policy.
It could potentially be months or years before the FTC's vote has any real-world impact on employees. Eventually, however, a ban could mean that those bound by restrictive covenants can start businesses or take better jobs without fear of facing a lawsuit.
Employers may hold people back from bettering their circumstances or developing entrepreneurial ideas by forcing them to sign restrictive covenants as part of their employment agreements. Tracking potential changes to federal policy may benefit those who are limited by complex employment agreements and eager to change their circumstances.]]>On Behalf of The Law Office of Michelle Cohen Levy, P.A.https://www.cohenlevylegal.com/?p=487052024-03-14T03:26:09Z2024-03-14T03:26:08ZDiscrimination still occurs in many workplaces across the country. It can take all kinds of forms, from those that occur through ignorance to those people carry out with full malicious intent.
What is clear is that employers have a duty to protect against it, and employees have a right to feel safe at work.The “#MeToo” movement highlighted the power of calling out inappropriate behavior. While it did not magically solve the issues of discrimination that so many workers experience, it did lead to some perpetrators being held to account and to many organizations, businesses and individuals reflecting upon their behavior and that of others.All because a few people decided to speak up, empowering others to follow. As far as the workplace is concerned, there are options for reporting discrimination and harassment.
A victim can report it themselves
Not everyone who suffers discrimination or harassment at work reports it. There are multiple reasons why someone might not do so. For instance, they may fear they’ll lose their job or fear it will harm their relationship with colleagues, family or friends. Or, they may fear that people won’t believe them or will view them badly for speaking out.
A witness can report it
If an employee sees someone harassing a colleague, they could speak up there and then and call the perpetrator out for their actions. Or they could quietly go to the employer (or a higher authority) and report it, with or without the victim’s consent.Witnessing or experiencing discrimination can be incredibly distressing. Reporting it is an important step to creating safer workplace environments, but it can be an unnerving one. Legal guidance can help you protect your rights when doing so.]]>On Behalf of The Law Office of Michelle Cohen Levy, P.A.https://www.cohenlevylegal.com/?p=487042024-02-29T17:55:47Z2024-02-29T17:55:47ZThe law does not prohibit time clock rounding
Although it may seem like a wage and hour violation, time clock rounding is not innately illegal. Both Florida state law and federal wage and hour statutes allow for time clock rounding. Employers must disclose their rounding practices to employees and must be neutral regarding when they round up or round down. If a company consistently rounds worker time down and does not round worker time up, then time clock rounding may constitute a violation of someone's wage and our rights.
However, when companies are neutral in the implementation of a time clock rounding policy, the practice is potentially legal. Under the de minimus rule, companies can justify not paying workers for inconsequential amounts of time, such as the two or three minutes they might lose if the payroll department rounds down how long they were at work during a particular shift.
It can be very difficult for the average worker to determine if the company practices payroll rounding in a neutral and appropriate manner or if the company simply wants to reduce what it has to pay its employees. Employees may need to maintain their own time clock records and start evaluating their paychecks carefully to determine if a wage and hour violation may have occurred.
Learning more about the laws that govern the compensation for hourly workers can help people recognize company practices that may violate their rights. Seeking legal guidance can help wronged workers to better understand their rights and options under the law.]]>On Behalf of The Law Office of Michelle Cohen Levy, P.A.https://www.cohenlevylegal.com/?p=487032024-02-27T13:05:13Z2024-02-27T13:05:13ZReports of harassment or discrimination must be handled seriously by the company. It often takes a lot of thought for employees to make these complaints because they may worry about how it will impact their work environment and if their complaints will be believed.
While being concerned about the effects is understandable, retaliation is strictly forbidden. This means that employers can’t take negative employment actions because of one of these complaints.
Have an established process
Employers should have an established process for taking and investigating these complaints. Ideally, this will include a dedicated person to take complaints, but employees should be empowered to report the issue to any supervisor or administrative professional. The investigation process should include a complete review of facts. This must be done without placing the blame on the person who’s being accused of these actions and without making it seem like the alleged victim is to blame.
Separate involved parties
It can be very uncomfortable for the person who filed the complaint and the person who’s accused of improper behavior to have to continue to work together. It’s a good idea to separate them, but this can’t be done in a way that makes it seem like the person who’s accused is being punished before the investigation is over. It’s critical that companies always take these matters seriously. Employees shouldn’t ever have to deal with harassment or discrimination. When employers don’t address these complaints sufficiently, the employee may opt to pursue legal action. At that point, both sides should obtain legal assistance to ensure they know their rights and responsibilities. ]]>On Behalf of The Law Office of Michelle Cohen Levy, P.A.https://www.cohenlevylegal.com/?p=487012024-02-12T18:35:54Z2024-02-12T18:35:54ZThe law doesn't prohibit simple teasing or offhand comments in the office. People making funny comments about minor issues may not be considered harmful. But in some instances, teasing can constitute sexual harassment.
Here is what to know about this matter:
When it creates a hostile work environment
If someone teases you frequently or makes a serious comment, creating a hostile work environment for you, your case may be considered sexual harassment. This may also be the case if someone's comment results in an unfavorable employment decision, such as being fired or demoted.Note that an offensive comment may not need to be directed to you to create a hostile work environment. For example, it's illegal for someone to harass you by making an offensive comment about your gender in general.Further, someone of your gender can also harass you. Just because the comment was made by someone of your gender does not mean it does not constitute harassment.
How to report it
If you believe you have experienced verbal sexual harassment at work, write down the comment, the names of witnesses, the location of the incident and the time and date. And if it was not a one-time instance, you can document how many times it has happened. Then, review your employee handbook, as it may have specific steps you need to take before reporting the case to the Human Resources (HR) department. Once you get to HR, they will interview you before beginning an investigation, which can entail interviewing the alleged harasser and witnesses. When the HR has enough information, they will make the appropriate decision.If you believe your case was not or cannot be fairly handled internally, consider legal guidance to protect your rights.
]]>On Behalf of The Law Office of Michelle Cohen Levy, P.A.https://www.cohenlevylegal.com/?p=487002024-01-29T20:21:38Z2024-01-29T20:21:38ZBoilerplate employment contracts, pre-written agreements used by many Florida employers, seem like a convenient time-saver. After all, who wants to spend hours crafting individual contracts for every new hire?
But while boilerplates can provide a veneer of efficiency, they can mask hidden risks that could come back to bite employers in the long run. The first step in correcting your knowledge of cookie-cutter contracts is to forget these misconceptions.
Myth 1: They are standardized, so they must be safe
While seemingly consistent, boilerplate employment agreements often have not been updated to reflect possible changes in Florida contract law. What was "safe" yesterday might be a legal minefield today. Further, generic language may not address specific nuances of your business or industry, leaving exploitable gaps and ambiguities.
Myth 2: They are just formalities, nobody reads them
In this rights-aware modern era, most employees know enough to scour every document they sign, including work-related contracts. They may quickly sign a boilerplate agreement that benefits them over you. Unfortunately, premade contracts may be legally enforceable and bind you, the employer, to unfavorable terms and conditions.
Myth 3: They can save time, and probably money
Although you can implement them immediately, boilerplate employment contracts can cost dearly in the long run. Legal challenges from ambiguous clauses, employee dissatisfaction over unfair terms and reputational damage from restrictive practices can all be expensive nightmares. Investing in proper contracts upfront saves you from these headaches later.Your business and legal documents are the backbone of your enterprise. They can protect you and your company or expose you to avoidable risk. Bespoke contracts and documents, tailored to your unique circumstances may best serve you. A legal representative can offer crucial guidance.]]>On Behalf of The Law Office of Michelle Cohen Levy, P.A.https://www.cohenlevylegal.com/?p=486992024-01-24T02:37:55Z2024-01-24T02:37:55ZThe Americans with Disabilities Act
The Americans with Disabilities Act (ADA) is one of numerous laws enforced by the Equal Employment Opportunity Commission (EEOC). The ADA specifically protects those with disabling medical conditions from discrimination based on their disability. Much like the FWFA, the ADA requires reasonable accommodations if employers can provide support that would help workers maintain or obtain a job. Although the ADA does not specifically treat pregnancy as a disabling medical condition, many health challenges that develop during pregnancy may be eligible for coverage under the ADA.
Titles VII
Title VII is a federal statute that protects women from pregnancy discrimination, as well as discrimination related to childbirth or medical conditions related to pregnancy. Title VII specifically prohibits employers from treating women differently during pregnancy or after childbirth because of their medical conditions.
The Family and Medical Leave Act
Not all employers offer maternity leave or enough paid leave for workers to recover from childbirth or medical complications during pregnancy. The Family and Medical Leave Act (FMLA) extends protection to pregnant women who require time off due to complications and women who have recently given birth. The FMLA allows a woman to request up to 12 weeks of leave if she qualifies. That leave can occur during a pregnancy with medical challenges or after the birth of her child.
The PUMP Act
The Providing Urgent Maternal Protection for Nursing Mothers (PUMP) Act is the final law at the federal level that creates workplace protections specifically for women recovering from pregnancy. Women who require time for nursing or pumping breast milk after the birth of a child have the right to certain on-the-job accommodations under the PUMP Act.
The more that pregnant women understand their rights, the easier it may be to make use of them during pregnancy or after the birth of a child. Holding employers accountable for mistreating or discriminating against a woman due to pregnancy or childbirth can help someone continue to support their family and preserve their career despite recently giving birth.]]>On Behalf of The Law Office of Michelle Cohen Levy, P.A.https://www.cohenlevylegal.com/?p=486982024-01-11T19:33:22Z2024-01-11T19:33:22ZThe changing dynamics of workplace discrimination
Discrimination can manifest in various forms, extending its reach far beyond the confines of a traditional office setting. From virtual meetings to online collaboration platforms, employees are susceptible to discriminatory practices that transcend physical locations.
For example, virtual spaces, often considered new-age meeting rooms, can become breeding grounds for discrimination. Whether its subtle biases during video conferences or exclusionary practices in virtual collaboration, employees may find themselves facing discriminatory behavior on digital platforms that affects their professional well-being.
Social media’s impact on professional lives
As social media can play a pivotal role in professional networking, it can also influence the trajectory of careers. Employers may inadvertently or intentionally make hiring or firing decisions based on information gleaned from an employee’s online presence, including information about protected characteristics that should not be considered in hiring or employment decisions.
While most employment in the United States is at-will, which means that employers are at liberty to fire their employees for any lawful reason, they cannot fire, retaliate or otherwise discriminate against applicants or employees for reasons that are prohibited by law.
As an employee, it’s critical to identify instances of employment discrimination even if they don’t happen in the office. This way, you can proactively advocate for your rights and seek legal guidance whenever you’re in need of it.]]>On Behalf of The Law Office of Michelle Cohen Levy, P.A.https://www.cohenlevylegal.com/?p=486972024-01-10T15:09:25Z2024-01-10T15:09:25ZBusinesses often don't offer proper support
Part of what makes the ADA such a valuable piece of legislation is how it imposes an obligation on employers to accommodate those with disabling medical conditions. If someone can perform necessary job tasks with reasonable accommodations, then employers should provide that for the worker.
Whether they need a change in job responsibilities, the option of working remotely, assistive technology or changes to the facilities, employers should comply with reasonable requests for accommodations validated by someone's medical records. A significant amount of the disability discrimination claims brought against businesses every year focus on their refusal to accommodate workers.
When is a refusal acceptable?
Some workers have conditions that require extensive interventions and accommodations. Those needs may be beyond what some employers can accommodate. The scope of the business's operations, the accommodations required and the expense involved can all influence whether or not an accommodation request is reasonable.
For employers to lawfully refuse to accommodate a worker, the business typically means evidence supporting its claims that the accommodation request creates an undo hardship. Essentially, if the business cannot absorb the costs or operational changes without causing significant damage to the organization, then it may have the necessary legal justification to refuse to provide certain accommodations.
Workers often struggle to analyze their situations objectively and may need support when trying to determine if refused accommodation requests relate to actual undue hardship or discrimination. Reviewing medical records and other details in depth with an attorney can help people evaluate whether they have experienced disability discrimination on the job and if they are in a position to take action.]]>On Behalf of The Law Office of Michelle Cohen Levy, P.A.https://www.cohenlevylegal.com/?p=486962024-01-03T22:29:22Z2024-01-03T22:29:22Zinterpreted and applied can help pregnant employees advocate for their rights.
Example 1: Telework
Gabriela, a billing specialist in a doctor's office, faces challenges in her first trimester with nausea and vomiting, which make commuting difficult. To address this, she makes a verbal request to work from home for two months. The billing work is feasible both at home and in the office.
Known limitation: Gabriela's nausea is pregnancy-related, requiring a change at work.
Qualified: Gabriela can perform billing tasks with telework as a reasonable accommodation.
Employer's obligation: The employer must grant the accommodation unless undue hardship is proven.
Generally, undue hardship involves an unreasonably burdensome cost for an employer.
Example 2: Temporary suspension of an essential function
Nisha, a nurse assistant, receives advice to avoid lifting more than 25 pounds during her pregnancy. Since an essential part of her job involves heavy patients, she requests a temporary suspension of this duty and enrollment in a light-duty program.
Known limitation: Nisha's lifting restriction is pregnancy-related, necessitating a workplace adjustment.
Qualified: Nisha seeks a temporary suspension of an essential function, aligning with the light-duty program.
Employer's obligation: The employer must reasonably accommodate Nisha by suspending the essential function, or provide an alternative, unless they can prove undue hardship.
A reverse concern could also be discriminatory. Meaning, if a pregnant worker is capable of continuing their job duties but is reassigned to a different assignment due to their condition, this could be unlawful.
Example 3: Appropriate uniform and safety gear
Ava, a pregnant police officer, addresses the need for a larger uniform and bulletproof vest. The union representative advocates for suitable gear to accommodate Ava's growing pregnancy.
Known limitation: Ava's inability to wear standard gear is pregnancy-related, requiring a workplace adjustment.
Qualified: Ava is qualified with the reasonable accommodation of appropriate safety gear.
Employer's obligation: The employer must grant the accommodation, facilitating safety and comfort for Ava, unless undue hardship is demonstrated.
The key takeaway for employees is to promptly communicate their needs related to pregnancy, just like Gabriela, Nisha and Ava did in the examples above. This gives employers ample time to assess and provide reasonable accommodations, such as telework, temporary duty suspensions or appropriate safety gear.
The Pregnant Workers Fairness Act serves as a safeguard, guiding workplaces to create environments that support expectant individuals. By understanding the act's provisions, employees can request reasonable accommodation to help ensure that working during pregnancy is comfortable and safe. If they are denied their rights, seeking legal guidance is wise.]]>