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Condominium Pet Policy vs. Service Animal Request

by Anita Byer, President - The Human Equation on 2/19/2013
woman in condo with dog on her lap

In a previous article we discussed what can happen when a condominium association improperly handles an accommodation request involving a service animal. Unfortunately, a recent federal case in Florida shows that some associations are still struggling with requests for service animals.

In this case, a veteran of the U.S. Air Force suffering from Post-Traumatic Stress Disorder (PTSD) was told he could not keep his dog because it exceeded the association’s 25-pound limit. The unit owner sent a letter from his treating physician stating that the emotional support animal was prescribed to help the unit owner cope with his PTSD-related depression, stress and anxiety. The physician then provided two more letters describing the nature of the disability and the need for an emotional support animal in greater detail.

Nevertheless, the association requested more information from the unit owner and his physician. After several months without a response, the association formally demanded removal of the dog. After filing a complaint with the Department of Housing and Urban Development and the Florida Commission on Human Relations, the unit owner sued the association under the federal and Florida Fair Housing Act (FHA) for denying him a reasonable accommodation.

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Eleventh Circuit Pereda Case: FMLA Protection for Employees Not Eligible for FMLA Leave?

by Martin Salcedo, Esq. - The Human Equation on 2/22/2012

The Eleventh Circuit Court of Appeals recently answered an interesting and important question regarding the Family and Medical Leave Act (FMLA): Does the FMLA protect a pre-eligibility request for post-eligibility leave? More...

Paying Employees for Travel Time

by Martin Salcedo, Esq. - The Human Equation on 1/6/2012

Under the Fair Labor Standards Act (FLSA), employers are required to pay employees the appropriate minimum wage and overtime rate for every compensable hour worked. Determining the number of hours worked by an employee is ordinarily a routine matter. However, when travel time is involved, employers must understand that the FLSA treats different types of travel, well, differently. More...

Employers Take Note: EEOC Reports Record Number of Complaints, Revenue Generated, and Cases Resolved in 2011

by Martin Salcedo, Esq. - The Human Equation on 12/12/2011

According to its annual Performance and Accountability Report, 2011 proved to be a record year… for the Equal Employment Opportunity Commission (EEOC). The EEOC’s fiscal year, which ended on September 30th, culminated with a record 99,947 charges of discrimination. This is the highest number of charges in the EEOC’s 46-year history. The $364.6 million in monetary benefits for victims of workplace discrimination, including $170 million from the private sector, also marks a record year for the EEOC.More...

Florida’s Minimum Wage Increasing on January 1, 2012

by Martin Salcedo, Esq. - The Human Equation on 11/15/2011

Effective January 1, 2012, Florida’s minimum wage will be $7.67 per hour. This represents an increase of 36 cents over the 2011 minimum wage of $7.31 per hour. The minimum wage for tipped employees will increase by the same amount to $4.65 per hour, up from the 2011 minimum hourly wage of $4.29. More...

Eleventh Circuit Court of Appeals Gives Employers New Ammunition to Fight FLSA Claims

by Martin Salcedo, Esq. - The Human Equation on 9/15/2011
In the past, we have written about why employers should generally fear violations of the Fair Labor Standards Act (FLSA) more than violations of other employment-related laws, such as Title VII of the Civil Rights Act or the Family and Medical Leave Act. The FLSA’s broad applicability, plaintiff-friendly provisions, and technical nature, have made it very popular with plaintiffs’ attorneys. However, a recent ruling by the United States Court of Appeals for the Eleventh Circuit appears to offer employers a way to minimize the damages caused by being sued under the FLSA. More...

Preventing Violence in the Workplace: Taking an Active Role in the Process before OSHA Does

by Martin Salcedo, Esq. - The Human Equation on 8/10/2011

The death of one employee and the wounding of another, both allegedly caused by a client of an addiction treatment facility, caught the attention of the Occupational Safety & Health Administration (OSHA). OSHA cited the treatment facility with a serious violation for failing to adhere to the Occupational Safety & Health Act's (Act) general duty clause, which provides that all employers have a general duty to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm. Violence in the workplace certainly falls within this category. More...

At Last! The EEOC Publishes Final ADA Amendments Act Regulations

by Martin Salcedo, Esq. - The Human Equation on 4/14/2011

Enacted on September 25, 2008, the ADA Amendments Act (ADAAA) directed the Equal Employment Opportunity Commission (EEOC) to amend its regulations to reflect the changes made to the Americans with Disabilities Act by the ADAAA. Though the ADAAA became effective on January 1, 2009, the final regulations were not published by the EEOC until March 25, 2011. They will not become effective until May 24, 2011.

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Categories: 2011, Human Resources

Genetic Information Nondiscrimination Act: Answers to Your GINA Questions

by The Human Equation, Inc. on 3/7/2011
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which became effective November 21, 2009, prohibits the use of genetic information in employment, restricts covered entities from requesting, requiring, or purchasing genetic information, and strictly limits the disclosure of genetic information. Under GINA, the Equal Employment Opportunity Commission (EEOC) is required to issue implementation regulations within one year of the effective date. On November 9, 2010, the EEOC issued its final regulations, which became effective on January 10, 2011.More...

To Pay or Not to Pay: Internships Under the Fair Labor Standards Act

by The Human Equation, Inc. on 1/12/2011

Many employers utilize the services of interns without giving much consideration to whether these volunteer workers should be compensated. In fact, employers often operate under the assumption that interns never need to be compensated. More...

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Categories: 2011

The Human Equation's newsletters and publications are intended as an information source for the clients and friends of the firm. Their content should not be construed as legal advice, and readers should not act upon the information in these publications without professional guidance. Please note that newsletters and publications that are archived by The Human Equation are not updated after initial publication and may not contain the most current information available.

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