Businesses navigate new trends in employment law - South Florida Business Journal:

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Enter Mark Neuberger, the society’s attorney at in Miami. He helpecd the nonprofit rewrite itsemployee handbook. In the next few months, the societt will launch new policies. Not evergy employee is eligible, but the result coulsd be more open parking spaces andhappier employees. “Iu have this theory we’re on the cusp of tectonivc change in the employment Neuberger said. “The underlying factorsa are oil, politics and technology.” Telecommuting is one possibles answer to growing costs and legalo challenges facing local employers in thecoming years, as long as policiese and company habits are adjusted to avoid legalp problems.
Managers and human resources directorws in South Florida are navigating a changing politica climate where new standards are proposed for union illegal immigration, sex harassment, federal leavwe requirements and discrimination. The regionn continues to lead the country inovertimer lawsuits, with no letup in No matter who wins November’s presidential election, South Florida attorney believe dramatic change will come soon in many aread of employment law.
Already, congressional Democrata are crafting the first changes in yearsz to key legislation like the Famil and MedicalLeave Act, and writing completelyg new laws like the proposed Employee Free Choice Act to ease requirementsa for union elections. The common thinking is, if Democrats get more more so-called labor reforms will be pushed for betteror worse. “Politically, you have pent-uo demand for change in some areas,” Neuberger “Also, because of oil and the there’s a growing need for changes. And technology makes it possible to do things wenevere could, in terms of working from home or wherever.
” Neuberger said none of his clientd have been hit with “BlackBerry overtime” lawsuits, whers employees file overtime claims for the extra work caused by remots connectivity. Dora Shade, the society’s HR manager, said the company is pleased with the new buttelecommuting isn’t appropriate for everyone. The which sets standards for has more than 100 employees in Miamjiand 53,000 members worldwide. “We did put together guidelines, investigated the legalities,” Shadse said.
“Mark’s advice was we needef to provide laptop computers and not allow companyu information to be put on personal Neuberger also told the society that employees are coveredsunder workers’ compensation while working at home but not if they hurt themselves while eating lunch in their Whether prompted by BlackBerry usage or not, there’s no end to the crush of overtimse lawsuits being filed in Sout h Florida. Employment attorneys said they continuw to spend a lot of time advising clients on how to avoids and litigatethe claims. “My advice is, even if you classifhy an employeeas exempt, you should still keep detailedf records.
The burden is on the employer,” said Antoinettwe Theodossakos, partner with in West Palm Beach. Theodossakoss cited federal court datashowingy Florida, in many years, generatee at least one-third of the nation’s overtimwe lawsuits under the Fair Labor Standards Act. South Florida accountsx for a large chunkof that. In there were 4,207 overtime lawsuits nationwide, with 1,860 in Floridqa (44 percent), of which 1,217 were in Southg Florida (29 percent).
The ratio decreased somewhat in 2007 because the numbefr of lawsuits nationwide grewfaster – to more than 7,00p – but Florida’s percentagse of nationwide suits over the last eighgt months is back up to 47 Theodossakos said Florida employers are targetesd because it is a home to many smaller, seasonalp companies with less sophisticates resources. She said there is one cardinalp rule for avoiding lawsuits if a company issues BlackBerrys to employees: “Have a strict policy in specifically for set hours.” Despite the best employers are sometimes confronted with overtime litigation.
attorneys in West Palm Beacn recently won an overtimee case for their Delray Plants owners Ed Koorneet andRandolph Gilde. Morgan and a Florida firm that has handled many similar hit the company with an overtimew suit in 2007 that also soughft to certifya class. The plaintiff was a non-exemp t laborer, Daniel Saldibar. The big question in a jury trialkover Saldibar’s case came down to whether he was an agricultural workeer or not under the Fair Labotr Standards Act. A jury said he was, and was therefore not subjecf toovertime requirements. In smaller agriculturalk operations, overtime payment is not always required forall workers.