PUBLIC EMPLOYEES’ FREE SPEECH RIGHTS, LTD

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The First Amendment states that “Congress” shall make no laws abridging the freedom of speech.  Because its protection was expanded by operation of the 14th Amendment, “Congress” may now be read to mean the government generally – federal, state, or local.  But still, it takes some form of governmental action for the constitution (by opposition to statutes) to apply. This … Read More

LEAVES LABYRINTH, PART II

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It has been some time since we first pointed out the maze of laws that govern to whom employers must grant leaves of absence, when, and whether an employee, if entitled to a leave, must also be paid.  Even businesses in strong right-to-work states like Florida will deal with Federal laws that are not only numerous but also, adding more … Read More

ABOARD SHIP

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Federal law tends to treat employees of airlines and railroads, and those working aboard ships, differently than others.  And so, who is a seaman and who is not often matters. Take the case of casino riverboats.  Unlike Jacksonville, which has taken advantage of Florida law allowing race tracks and card rooms, other cities in other states see their gambling halls … Read More

EXCEPTION TO THE EXCEPTION

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Companies of a certain size are subject to the Fair Labor Standards Act and must pay overtime to most employees who work more than 40 hours a week.  Congress has also specified that hours worked are calculated “portal to portal,” meaning that the clock starts ticking when an employee first gets to work.  As a consequence, time worked includes time … Read More

NOT KNOWING WHICH WAY TO TURN

RothLawAppeals, Lawsuits

Employers may be forgiven for scratching their head when trying to figure out whether they may be liable for an employee’s alleged unlawful discrimination.  The state of the law is, to say the least, confusing. Imagine for instance the case of an employee whose employment was just terminated and who claims discrimination.  The company’s liability will be more easily invoked if … Read More