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Intern or Employee? Department of Labor Adopts More Flexible Economic Realities Test

by Martin Salcedo, Esq. - The Human Equation on 4/9/2018
interns-FLSA
Untitled Document

When is an intern considered an employee under the Fair Labor Standards Act? In case you haven’t heard, the answer to this question recently changed. In January 2018, the Department of Labor clarified that going forward, a “primary beneficiary” test will be used to determine whether interns are employees under the FLSA.

If you don’t think this is significant, think again. The FLSA’s minimum wage and overtime pay requirements apply to employees, not interns. “For profit” employers are not required by the FLSA to compensate interns for their work. Not surprisingly, some employers have tried to exploit unpaid interns by accepting free labor without providing an appreciable benefit in education or experience.

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Categories: Florida Condominium Management, Human Resources

EEOC Releases 2017 Enforcement and Litigation Data

by Martin Salcedo, Esq. - The Human Equation on 2/20/2018
EEOC-2017-workplace-discrimination

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing various federal equal employment opportunity laws. The EEOC annually releases fiscal year enforcement and litigation data to keep the public apprised of its efforts and results. The most recent release shows that the EEOC received 84,254 individual charges of workplace discrimination in FY 2017.

The good news is that this is lower than the number of charges filed in fiscal years 2016 (91,503), 2015 (89,385) and 2014 (88,778). The bad news is that 69,583 charges were closed because there was no reasonable cause to believe that discrimination occurred based upon evidence obtained in investigation.

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Can Employers Finally Stop Worrying About the New White-Collar Overtime Exemption Rules?

by Martin Salcedo, Esq. - The Human Equation on 2/18/2018
white-collar-overtime

Do you remember when President Obama first directed the Secretary of Labor to update the white-collar overtime exemption regulations? Since then, employers endured the uncertainty of not knowing if, when or how they would be affected by the new overtime rules.

But now, at long last, it looks like employers can stop thinking and worrying about the 2016 white-collar overtime exemption regulations. Finally.

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Does Florida’s New Website Requirement Apply to Your Condo Association?

by Martin Salcedo, Esq. - The Human Equation on 2/16/2018
condo-website-requirement

Are you ready for www.InsertYourCondoHere.com? Thanks to a recent statutory amendment, if your condominium association has 150 or more units, you need to start getting ready.

By July 1, 2018, associations with 150 or more units are required to post digital copies of various documents on websites that are accessible through the Internet. This means that associations that don’t have a website have less than a year to get one.

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New White Collar FLSA Overtime Rules Are Here! Will You Be Ready By The Effective Date?

by Anita Byer, President - The Human Equation on 5/19/2016
stacks of money

They’re heeeere. No, not a poltergeist, though for many they may be just as unsettling. We’re talking about the new minimum wage and overtime exemption regulations for white collar employees under the Fair Labor Standards Act (FLSA). The long-awaited Final Rule has been released and is scheduled for publication on May 23, 2016.

The Final Rule focuses primarily on salary and compensation levels for the executive, administrative, professional, outside sales and computer employee exemptions, which are the FLSA’s so-called white collar exemptions. Since the Final Rule is not identical to the proposed rule published on July 16, 2015, let’s look at some of the differences.

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Condominium Governance: For Emergency Use Only

by Anita Byer, President - The Human Equation on 10/9/2012

For Board Member education as defined by the State of Florida, Click Here.
For Community Associtation Manager Continuing Education, Click Here.

During an emergency, decisions need to be made fast. There usually isn’t time to go “by the book.” This is why Florida’s Condominium Act authorizes association boards to exercise additional emergency powers More...

9 Tips for a Proactive Approach to Condominium Governance

by Anita Byer, President - The Human Equation on 9/4/2012

For Board Member education as defined by the State of Florida, Click Here.
For Community Associtation Manager Continuing Education, Click Here.

It is virtually impossible to be effective at Condominium Governance when attention is diverted to 'problem' incidences that require significant resources to resolve. For this reason, proactive Governance is essential to effective Board Leadership and the peaceful coexistence of residents within a community association.

The following tips are a 'must read' for Board Members who want to limit conflict and enjoy their lives as community leaders: More...

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Categories: Florida Condominium Management

Supreme Court Adopts "Cat's Paw" Theory of Liability in Staub v. Proctor Hospital

by Martin Salcedo, Esq. - The Human Equation on 7/6/2011
From The Monkey and the Cat, Jean de la Fontaine

No more are the princes, by flattery paid
For furnishing help in a different trade,
And burning their fingers to bring
More power to some mightier king.

Some time ago, we posed the following question to our readers: Can an employer be held liable under Title VII of the Civil Rights Act (Title VII) for racial discrimination even though the actual decision-maker did not know that the employee was being fired because he was African American?More...

Does an Employee have to File a Written Complaint to be Protected by the FLSA’s Anti-Retaliation Provision?

by Martin Salcedo, Esq. - The Human Equation on 6/9/2011

Like many employment-related laws, the Fair Labor Standards Act (FLSA), which is the federal law governing minimum wages, maximum hours, and overtime pay, includes an anti-retaliation provision. In Katsen v. Saint-Gobain Performance Plastics Corp., Case No. No. 09-834, the United States Supreme Court was called upon to decide whether the FLSA’s anti-retaliation provision protects only those employees submitting written complaints of FLSA violations in their workplace.More...

The State of Florida Approves The Human Equation’s Condominium Management Suite

by The Human Equation, Inc. on 10/18/2010

Those choosing to serve on their condominium board undertake a significant responsibility. Their decision puts them in charge of steering the course of not only their homes, but those of their neighbors. More...

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Categories: 2010, Florida Condominium Management

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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