Fort Lauderdale Labor Lawyer

Published on: January 3, 2013

Employer Rights and Responsibilities under the Family and Medical Leave Act

Under the federal Family and Medical Leave Act (FMLA or the “Act”), an eligible employee may be entitled to take up to twelve weeks of unpaid leave per year. During this time, the employee will be able to continue to collect medical benefits that he or she had before taking a leave of absence. Moreover, the FMLA prevents an employer from permanently replacing the employee during the time that the employee is not working.

There are certain criteria that an employee must meet in order to be eligible for leave under the FMLA. For instance, if an employee or the employee’s spouse gives birth to a child, has complications associated with a pregnancy, or adopts or fosters a child, the employee qualifies for unpaid leave. In addition, if an employee or a family member experiences serious health problems, the employee can also take an unpaid leave of absence. An employee is also eligible for the leave if she needs to care for a spouse, child or parent who has a serious health condition.

Although employees are entitled to various protections under the FMLA, employers also enjoy certain rights, such as:

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Published on: December 31, 2012

Recent Amendments to Federal and State Labor & Employment Laws

By Mavrick Law Firm

In the United States, federal and state employment and labor laws continue to evolve on regular basis. As a valuable resource to his clients, our office is providing the following summary of the most recent amendments affecting Florida employers on both a federal and state level.

Federal Amendments

Recently, the National Labor Relations Board, or NLRB, issued a new rule requiring all employers that are subject to its jurisdiction to provide written and electronic notice to employees of their rights under the National Labor Relations Act. However, a federal circuit court has temporarily suspended the new requirements until all outstanding issues have been resolved. There has been no deadline posted for when the new NLRB’s notice requirements will go into effect. For more information, go to https://www.nlrb.gov/poster.

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Published on: December 27, 2012

The Risks Associated with Hiring Illegal Aliens

By Mavrick Law Firm

Over the past few years, the Obama Administration has been heavily cracking down on employers who hire illegal aliens, making it extremely risky for companies to employ undocumented workers.In 2012, the Department of Homeland Security (DHS) ordered numerous companies to provide them with their employment records for review and inspection. While these “silent raids” have not been publically announced, a spokesperson from Immigration and Customs Enforcement (ICE, an agency of the DHS) confirmed that as of the end of March 2012, more than 475 companies of all types have been asked to turn over their employment eligibility forms and other documents for audit purposes. Although the ICE does not publically identify businesses that are under investigation, they assert that no industry is immune from government scrutiny.

Ever since 2009, the Obama administration has issued hundreds of millions of dollars in penalties and criminal fines to corporations that were caught hiring illegal aliens. For example, the ICE sentenced a Miami subcontractor to almost two years in federal prison for employing and concealing undocumented workers. Another business owner in Virginia received a 30-month sentence in federal prison for conspiring to harbor illegal aliens. Lastly, a furniture storeowner in California received hefty fines and criminal penalties for employing illegal workers and then rehiring them after the ICE completed its audit.

Despite the more recent crack-down on hiring undocumented workers, the Illegal Reform and Control Act (ICRA) has since 1986 made it illegal for an employer in the United States to knowingly employ and/or conceal illegal aliens or who fail to properly complete I-9 forms for employees. Under the ICRA, employers must act in good faith when hiring workers, but will not be subject to fines or criminal punishment if an employee provides convincing, but false documentation as to his or her citizenship status.