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Duane Morris Institute blogs

Duane Morris Miami Breakfast Briefing Series

The Florida Employer General | Tuesday November 12, 2013 | By Kevin Vance

We are hosting a series of labor and employment law breakfast briefings in our Miami office, including one on December 5.  The topic for December 5 is “Labor and Employment Law Outlook for 2014”.  Below is the invitation.  I hope that you and/or...

Florida Minimum Wage to Increase to $7.93

The Florida Employer minimum wage | Wage and Hour | Monday November 11, 2013 | By Kevin Vance

A quick note - effective January 1, 2014, the Florida minimum wage will increase to $7.93 per hour.  This is a $.14 increase of the 2013 minimum wage.  The Florida minimum wage is recalculated each year to keep in step with the federal Consumer Price...

Work Life Imbalance

Jonathan Segal flexibility in life blend balance lean work | Lean In Dialogues | Monday November 04, 2013 | By Jonathan Segal

I am pleased to share with you my latest blog from SHRM's We Know Next: http://www.weknownext.com/blog/work-life-imbalance This blog does not constitute legal advice, create an attorney-client relationship or apply to specific factual...

Prejudice Against 'Unattractive' Workers Can Have ...

HR and the Law hostile_working_environment lookism employment_law michael_cohen human_resources harassment discrimination appearance employment | General | Monday October 21, 2013 | By Michael S. Cohen

BNA Human Resources Report was kind enough to quote me in this great article about an employee's appearance and the potential legal and employee relations concerns Human Resources and In-House Counsel confront in dealing with these issues.    ...

When Exempt Employees Turn Into Pumpkins

FLSA Compliance Monitor natalie_hrubos flsa | General | Monday October 14, 2013 | By Natalie F. Hrubos

It’s October. You go to a pumpkin patch. While you’re busy examining pumpkin after pumpkin, you notice a farm employee is busy replenishing the patch by unloading pumpkins from a truck.   When you’re finished, the same employee offers to help you haul...

3 Employer Pitfalls in Donning and Doffing Policie...

FLSA Compliance Monitor flsa natalie_hrubos | General | Thursday October 10, 2013 | By Natalie F. Hrubos

Donning and doffing is a hot area of wage and hour law that often leads to class and collective actions and, as a result, creates significant potential liability and litigation costs for employers. As I explain in a recent article for Law360, to minimize risk...

Forget the Fockers: Meet the Stored Communication...

Jonathan Segal social media facebook stored employers communications act | General | Tuesday October 08, 2013 | By Jonathan Segal

By way of legal background, the Electronic Communications Privacy Act (“ECPA”), enacted in 1986, is comprised of two statutes:   the Wiretap Act and the Stored Communications Act.   Historically, most litigation arising under the ECPA has involved...

Florida Bill Would Protect Employee Social Media P...

The Florida Employer passwords; media social facebook; | General | Tuesday October 08, 2013 | By Kevin Vance

There is a growing legislative movement to pass laws that prohibit employers from requiring employees to turn over their social media (i.e., Facebook) passwords.  Such a bill was introduced in the Florida Senate on September 25, 2013 by Senator Jeff...

Leading the Disengaged

Jonathan Segal leadership; engagement | General | Friday October 04, 2013 | By Jonathan Segal

Leading the Disengaged The Great Recession appears to have taken more than just jobs out of the economy. It has taken the spirit out of many workers   In June of 2013, a very disturbing poll was released by Gallup.com.   ...

Retaliation: Corrective Action Without Admission

Jonathan Segal retaliation corrective action | General | Friday October 04, 2013 | By Jonathan Segal

I am pleased to share with you my latest blog from SHRM's We Know Next: http://weknownext.com/blog/retaliation-corrective-action-without-admission This blog does not constitute legal advice, create an attorney-client relationship or apply...

Wage and Hour Implications of the Government Shutd...

Jonathan Segal shut hour government furlough and wage down basis salary | Wage and Hour | Tuesday October 01, 2013 | By Jonathan Segal

I am pleased to post a guest blog I wrote for the Philadelphia Business Journal regarding the wage and hour implications of the government shut down: http://www.bizjournals.com/philadelphia/blog/guest-comment/2013/10/how-the-government-shutdown-can-impac...

It’s the (technology) age!

FLSA Compliance Monitor flsa natalie_hrubos | General | Friday September 20, 2013 | By Natalie F. Hrubos

“It’s the age” is what everyone says when I say I had 5 weddings to go to this year.   The count included two in Philadelphia where I live, two in Cape May where I’m from, and most recently, one in Cancun, Mexico where my cousin and her (now) husband...

DOL Extends FLSA Coverage to Home Health Workers

The Florida Employer Wage and Hour | Wednesday September 18, 2013 | By Kevin Vance

The home healthcare industry has become big business in South Florida, as our population ages.  People want to stay in their homes - and out of assisted living facilities - longer, and thus more and more healthcare is home-based.  ...

The Legal Intelligencer Animal Law & Rights Issue

Jonathan Segal planning breeding legal animal intelligencer laws rights medicine preventative animals estate | General | Monday September 09, 2013 | By Jonathan Segal

Affinity Group Danger Zones

Jonathan Segal reverse-discrimination; groups; 8(a)(2) affinity diversity; | EEO/Diversity | Sunday September 08, 2013 | By Jonathan Segal

I am pleased to post my recent article for SHRM's HRMagazine:  SHRM » Publications » HR Magazine » Editorial Content » 2013 » September 2013 » Affinity Group Danger Zones Legal Trends  ...

Making Union Organizing Easy and Managing a Busine...

James Redeker elections union unions organizing units micro-units | Union Organizing | Wednesday September 04, 2013 | By James Redeker

In the waning days of Wilma Liebman's tenure as Chairperson of the National Labor Relations Board, the Board overturned twenty years of labor law history and held in Specialty Healthcare that a group of employees as small as a single classification can be...

Is "Management Rights" An Oxymoron?

Jonathan Segal rules; management nlrb; counsel; general right work | Union | Wednesday September 04, 2013 | By Jonathan Segal

I am pleased to post my most recent blog for SHRM's We Know Next. http://www.weknownext.com/blog/is-management-rights-an-oxymoron Follow me on Twitter at: @Jonathan__HR__Law THIS BLOG SHOULD...

Is Goat Killing Leave A Reasonable Accommodation? ...

Jonathan Segal killing reasonable religious beliefs; leave; funeral accommodation; goat | EEO/Diversity | Friday August 30, 2013 | By Jonathan Segal

The law is clear employers must make reasonable accommodations with respect to religious beliefs, practices or observances of which they are aware, subject to a narrow undue hardship defense.   Easy to state but sometimes harder to apply. For...

Mad About Mad Men

Jonathan Segal gender sterotyping equality sexual sexism harassment | Mad About Mad Men | Thursday August 29, 2013 | 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...

NLRB's Trojan Horse

Jonathan Segal Union | Wednesday August 28, 2013 | By Jonathan Segal

I am pleased to post an article by Allen Smith of SHRM on "Micro Units." I am honored to have been interviewed for it. Here's the link: http://www.shrm.org/LegalIssues/FederalResources/Pages/Unions-microunits.aspx Thanks, Jonathan ...

For Men and Women Who Care About Male Colleagues

Jonathan Segal Lean In Dialogues | Monday August 26, 2013 | By Jonathan Segal

We moved our October 15 event, Lean In Dialogues, to another center city location.  Easy access in and out of city. See below. We are filling up the magnificent space very  fast. Only concern: not as many men have signed up, as of now, as we...

No Summer Vacation for the Office of Special Couns...

I-9 Compliance Monitor I-9 Investigations | Monday August 19, 2013 | By Valentine Brown

The Office of Special Counsel for Immigration Related Discrimination (OSC) has been very busy in the last few weeks. While many employers and their employees have been enjoying traditional August vacations, the OSC has been conducting investigations, bringing...

Documentation In Health Care: Knife in the Malprac...

Jonathan Segal malpractice healthcare documentation | Health Care Providers | Friday August 16, 2013 | By Jonathan Segal

In the employment context, we often hear “document, document, document.”   But keep in mind that the documentation you write to employees to reflect problems with their performance or behavior later can be used against you in a medical malpractice claim....

In Defense Of Sheryl Sandberg

Jonathan Segal in; lean sandberg facebook; bias; gender | Lean In Dialogues | Thursday August 08, 2013 | By Jonathan Segal

I am pleased to post my recent blog for SHRM's WeKnowNext, In Defense of Sandberg.  While Sandberg needs no defenders, I will:  http://www.weknownext.com/blog/in-defense-of-sheryl-sandberg


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