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Duane Morris Institute blogs

DMi - Remaining Programs for Spring 2012

Jonathan Segal seminar training webinars cle hrci | Wage and Hour | Wednesday May 16, 2012 | By Jonathan Segal

To see full course details, or to register for a program, click here .  

The Devil Doesn't Only Wear Prada

Jonathan Segal women culture gender men leadership | EEO/Diversity | Tuesday May 15, 2012 | By Jonathan Segal

As orginally published by SHRM's "We Know Next," found here . We all know that powerful women face Catch-22s.  When Donald Trump exercises control, he is in control. When Martha Stewart exercises control, she is controlling.  Same...

EEOC Finds That Title VII Protects Transgendered P...

The Florida Employer transgendered;discrimination;eeoc;macy | Wrongful Termination | Wednesday May 02, 2012 | By Kevin Vance

I had previously posted about an Eleventh Circuit case recognizing that discrimination against transgendered persons is prohibited sex discrimination under Title VII.  The EEOC, in a decision issued last month, has adopted that...

Costly Unpaid Internships

Jonathan Segal and internships unpaid wage hour flsa | Wage and Hour | Monday April 23, 2012 | By Jonathan Segal

As originally published by SHRM's "We Know Next," found here . An important customer, client, colleague or business partner asks an executive if her son can intern with your company for the summer.   Don’t worry about the money, she says....

May 2 Duane Morris Developments in Workplace Law a...

The Florida Employer Wage and Hour | Friday April 20, 2012 | By Kevin Vance

Please join us for the Duane Morris Developments in Workplace Law and Practice seminar, scheduled for May 2 at the Hilton Miami Airport.  This will be a good program that will cover developments in labor and employment law, immigration law, and...

Never Again: Holocaust Remembrance (Yom Hashoah)

Jonathan Segal hashoah) never remembrance again: holocaust (yom | General | Wednesday April 18, 2012 | By Jonathan Segal

Tomorrow, Thursday, April 19 is Holocaust Remembrance Day, Yom Hashoah. It has been more than 60 years since this period of unspeakable horror when more than 11 million people were killed. This includes more than 6 million Jews. While each life...

Federal Appeals Court Enjoins NLRB's Posting Rule

James Redeker nlrb employee rights union poster organizing | National Labor Relations Board | Tuesday April 17, 2012 | By James Redeker

FEDERAL APPEALS COURT FOR DISTRICT OF COLUMBIA ENJOINS NLRB POSTER Today, the federal appeals court for the District of Columbia enjoined the NLRB from requiring that its Employee Rights poster be posted pending determination of the appeal filed by the...

FEDERAL COURT FINDS NLRB'S EMPLOYEE RIGHTS POSTING...

James Redeker union employee nlrb organizing rights poster nlra | Union Organizing | Saturday April 14, 2012 | By James Redeker

FEDERAL DISTRICT COURT DECLARES NLRB’S “EMPLOYEE RIGHTS POSTER” UNLAWFUL …. BUT DECISION MAY NOT STOP YOU FROM HAVING TO POST IT   Judge David Norton of the federal district court in South Carolina in a case brought by the South...

Mad About Mad Men

Jonathan Segal gender sterotyping equality sexual sexism harassment | General | Friday March 23, 2012 | By Jonathan Segal

As originally published by SHRM's "We Know Next," found here . Mad About Mad Men By: Jonathan A. Segal Sexism is more than illegal. It is immoral and bad business. There is more than a little bit of sexism in the...

No End in Sight For FLSA Filings

The Florida Employer Wage and Hour | Tuesday March 20, 2012 | By Kevin Vance

Last week, the federal judiciary released its caseload statistics for the last reporting year.  The statistics show that 7,008 FLSA cases were filed in the 12-month period ending March 31, 2011, compared to the 6,081 filed in the 12-month period...

Senators Introduce Bill to Overturn Gross v. FBL A...

The Florida Employer Wrongful Termination | Thursday March 15, 2012 | By Kevin Vance

Back in June of 2009, the Supreme Court issued a decision in Gross v. FBL Financial Inc.  that many observers felt would make it harder for plaintiffs to prevail on age discrimination claims.   Gross dealt with technical, burden of proof...

Elephant in the Living Room

Jonathan Segal denial alcoholism accommodations | Compliance | Tuesday March 13, 2012 | By Jonathan Segal

As originally published by SHRM in HR Magazine Vol. 57 No. 3. Alcoholic employees present a range of legal risks. 3/1/2012          By Jonathan Segal Al has been employed by his company for 15...

Breathe Deeply Before You Read: ALJ Finds At-Will...

Jonathan Segal nlrb; unions; section 7 at-will; | Union | Sunday March 11, 2012 | By Jonathan Segal

In a recent case, an ALJ of the NLRB held that an employer's at will statement in its Employee Handbook violated the NLRA.  I told you that you needed to breathe deeply before reading.  Take another deep breath before continuing. Of course,...

HR Insights Conference - Miami, March 29

The Florida Employer chamber;conference;hr insights | General | Tuesday March 06, 2012 | By Kevin Vance

The Greater Miami Chamber of Commerce's HR Insights Conference is coming up on March 29 at Jungle Island.  I will be speaking on labor and employment law issues for the third year in a row.  Here is the invite . This is always a...

House Committee Approves Wage Theft Bill

The Florida Employer wage_theft hb_609 | Wage and Hour | Monday March 05, 2012 | By Mark J. Beutler

On February 21, 2012, the House Judiciary Committee approved a wage theft bill (HB 609), which is intended to nullify local wage theft ordinances.   The bill creates a cause of action for wage theft.   It requires pre-suit notice and a 15-day right...

Committee Approves Proposed Florida Law Affecting ...

The Florida Employer florida_constitution tipped_wage sb_2106 | Wage and Hour | Monday March 05, 2012 | By Mark J. Beutler

On February 16, 2012, the Florida Senate Commerce and Tourism Committee approved SB 2106.   The bill, if enacted, would offer employers the option to pay tipped workers a new lower minimum wage rate of $2.13 per hour (i.e., the minimum direct wage...

$168 Million Sexual Harassment Award - Does That G...

The Florida Employer harassment; verdict; punitive damages sexual | General | Monday March 05, 2012 | By Kevin Vance

These days, I see an increasing amount of non-employment attorneys practicing in the area of labor and employment law.  It may be because employers believe that the risk of monetary exposure in employment cases is low.  But,...

Employer Seeks Certiorari on Decision Defeating Ef...

The Florida Employer pick_off moot mootness cameron-grant symczyk relation_back collective_action | Wage and Hour | Friday March 02, 2012 | By Mark J. Beutler

On February 17, 2012, Genesis HealthCare Corporation asked the U.S. Supreme Court to review a Third Circuit decision holding that employer defendants could not avoid conditional class certification and dispatch of the class notice by paying the plaintiff all...

Hooked Up On Twitter (A CAUTIONARY TALE)

Jonathan Segal Social Media | Monday February 27, 2012 | By Jonathan Segal

HOOKING UP ON TWITTER (A CAUTIONARY TALE) by Jonathan Segal on February 27, 2012 Originally posted on www.weknownext.com I begin this cautionary blog with a story. After the story, you'll understand why I began the blog as I have. I...

EEOC Charges Reach All-Time High

The Florida Employer discrimination; employment miami; of charges eeoc | General | Monday February 27, 2012 | By Kevin Vance

The Miami office of the EEOC released its 2011 numbers last week.  It was a busy year for the agency.  Employees filed a record 5,263 charges of discrimination last year.  That number is up from 5,077 filed in 2010.  ...

7 Ways Employers Can Protect Their Ass(ets)

Jonathan Segal media social flsa management performance ada leaves gina | General | Wednesday February 22, 2012 | By Jonathan Segal

As originally published by ALM's "Law.Com," found here . From the Experts: 7 Ways Employers Can Protect Their Ass(ets) Some things you need to know about labor law in 2012. A list of seven action items for employers to help minimize...

Pre I-9 Audit Planning: Prepare for the Worst and ...

I-9 Compliance Monitor General | Tuesday February 21, 2012 | By Valentine Brown

In Part 1 of  this 2 part blog post on the I-9 and E-Verify Blog , I discuss some of the most common and most troublesome outcomes of an ICE or in-house I-9 audit, including I-9 errors, finding fraudulent documents and identifying undocumented...

March 14: DMi Spring Semester Kick-Off

Jonathan Segal documenting employment discipline agreements | General | Wednesday February 15, 2012 | By Jonathan Segal

Join us on March 14, 2012 for the start of another DMi semester. My colleague, Jonathan Wetcher, and I will present: AM: Documenting Discipline  (Segal) PM: Employment Agreements: Paperwork that Matters  (Wetchler) You can...

I Love You (A Valentine's Day Warning)

Jonathan Segal resources sexual human day valentine's harassment | General | Tuesday February 14, 2012 | By Jonathan Segal

As originally published by SHRM's "We Know Next" found here . I Love You It is 9 am.   The secretary reports to her desk.   Waiting for her is a sealed card. The secretary opens the envelope and it is a Valentine's card...


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