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Is Your Business Ready for the 2012 Hurricane Season?

by Anita Byer, President - The Human Equation on 6/4/2012

For those living or working in areas at risk of experiencing a tropical storm or hurricane, June 1st rarely passes unnoticed. At Setnor Byer Insurance & Risk, we understand that preparing for Hurricane Season is rarely easy and often stressful. We also understand that a lack of awareness and preparation can lead to disaster, and that the best way to limit the risks posed by hurricanes is to take preventative steps now. More...

Title VII Liability for Considering Criminal Histories in Employment Decisions?

by Martin Salcedo, Esq. - The Human Equation on 5/21/2012

The Equal Employment Opportunity Commission (EEOC) recently issued its Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act (Title VII). A survey cited by the EEOC found that 92% of responding employers subjected all or some of their job candidates to criminal background checks. 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...

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...

UPDATE: Florida’s Minimum Wage is Going up on June 1, 2011

by Martin Salcedo, Esq. - The Human Equation on 5/10/2011

Florida employers must prepare for an increase in the minimum wage. On May 3, 2011, Florida’s Agency for Workforce Innovation announced that effective June 1, 2011, Florida’s minimum wage will be $7.31 per hour, which is six cents more than the current federal minimum wage of $7.25 per hour. This increase is not only unexpected, it is unusual.More...

Employers Must Use Revised Form I-9 as of February 2, 2009

by The Human Equation, Inc. on 1/28/2009

Now that employers across the country have finally become proficient in using the Employment Eligibility Verification Form—Form I-9—after its last revision in December 2007, the U.S. Citizenship and Immigration Service (USCIS) determined that Form I-9 was due for yet another revision.  More...

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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