The HR Specialist: Florida Employment Law

Here’s a twist on the FMLA’s requirement to restore an employee to her previous job after she returns from leave: If an employee has been provisionally promoted but takes intermittent FMLA leave, she’s not necessarily entitled to the new job when her leave expires.

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State Sen. Mike Fasano has proposed an amendment to Florida’s Family and Medical Leave Act that would allow workers to take time off to protect their pets from potential domestic abuse.

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Rep. Cliff Stearns, who represents Florida’s 6th Congressional District, has proposed legislation to amend the Fair Labor Standards Act, abolishing a provision that lets employers pay less than the minimum wage to some disabled workers.

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A court has clarified that the EEOC isn’t required or expected to look beyond what an employee states in his agency complaint when investigating it. That means that if an employee fills out the form herself and doesn’t provide enough information to trigger suspicions that discrimination has occurred, chances are the matter won’t go further.

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Overly sensitive employees can interpret anything negative as hostile. But often what is subjectively hostile is just unpleasant from an objective standpoint, the result of an apparent personality conflict. It all depends on how a hypothetical “reasonable person” who finds himself in the same situation would view the matter.

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Capri Healthcare in Clearwater is being sued following an EEOC complaint that it rescinded a job offer as soon as it found out its new employee was pregnant.

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Not everything negative that happens to an employee is the basis for a lawsuit. Employees have to allege both that they were on the receiving end of some sort of negative feedback and that there were consequences that changed the terms and conditions of employment.

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The federal Transportation Security Administration has settled a lawsuit brought by the national ACLU and its Florida chapter. The ACLU filed an administrative complaint on behalf of an HIV-positive Air Force veteran who was rejected for a job as a transportation security officer because of his HIV status.

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Employees often mistakenly believe that if they complain to HR about discrimination or harassment, they somehow become untouchable. They assume that anything negative that happens shortly after must be retaliation. That’s simply not the case. If the employee breaks a rule, he’s not immune from the usual and customary punishment.

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Legal action is heating up the Panhandle town of Freeport, after firefighter John Carter sued the mayor and the fire chief.

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