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New EEOC Guidelines Regarding Employer Obligations Related to Background Checks, Grooming Practices, and Accommodation of Religious Dress

By Ilona Demenina Anderson Most employers are already familiar with the concept of using background checks, knowing that it’s not permissible to use background checks in a discriminatory manner. If the decision is made to check into an individual’s background with the sole motivation being that person’s religion, disability, sex, color, national origin, age, genetic information, [..]

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The Purpose and Application of Florida’s Whistleblower Act

By Ilona Demenina Anderson The Whistleblower Act in Florida has been around since 1986 with a goal of preventing state and local government agencies, as well as private sector companies, from taking any retaliatory action towards employees who report violations of law that an employer may be making. Technically, Florida has two whistleblower laws: one for [..]

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EEOC Strengthens Pregnancy Discrimination Rules

By Ilona Demenina Anderson This month, for the first time in more than three decades, the Equal Employment Opportunity Commission (EEOC) – on a 3-2 party-line vote – has issued an expanded series of rules regarding instances of workplace discrimination against pregnant women. The aim of these new rules is to clarify what employers must do [..]

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What is the Equal Pay Act?

By Ilona Demenina Anderson All employees should be aware of the Equal Pay Act, which has been around since 1963. Despite the law’s long history, many people are not aware of what this act truly stipulates. When the Equal Pay Act was brought forth, it was done so as an amendment to the Fair Labor Standards [..]

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Time Limits on EEOC Cases

By Ilona Demenina Anderson In most areas of law, statutes of limitations are pretty cut-and-dried. For example, if you’re injured in an accident, the time limit for filing is a set number of years from the date of the accident. But when it comes to making a claim against an employer based on such issues as [..]

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The Fair Labor Standards Act and Interns

By Ilona Demenina Anderson Interns present a conundrum for employers and the courts about how they are to be treated. Under the Fair Labor Standards Act, the term “employment” is used in a very broad sense that can be interpreted in several different ways. The phrase in this vein is “suffer or permit to work” as [..]

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The Detail Devil: An Employee or Not?

By Ilona Demenina Anderson If you were to consider what student interns, delivery drivers, house and business cleaners, exotic dancers, and football players shared, you might be stumped to come up with an answer. The answer is that it’s not clear whether any or all of these kinds of employees fall under the blanket of protection [..]

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Florida Civil Rights Act Protects Pregnant Employees

By Ilona Demenina Anderson A new protection makes life easier for pregnant employees. The Florida Supreme Court recently handed down a decision stating that, under the Florida Civil Rights Act (FCRA), employers cannot discriminate against employees or applicants based on their pregnancy status. Although FCRA doesn’t clearly mention pregnancy, the Court reasoned that pregnancy should be [..]

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The Dangers of Misclassification

By Ilona Demenina Anderson Unfortunately, there’s a new trend in employment, and it’s not good news for workers. A combination of payroll fraud and contingent employment are taking away benefits, job security, and wages that American employees would otherwise be entitled to. The biggest factor at play here is the shift to contingent employment. It’s becoming [..]

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