Today’s guest post comes from Jeff Wilcox, an associate at the Hill Ward Henderson firm in Tampa. He will be presenting at the Florida Law Alliance Fall Employment Law Conference taking place on Friday, November 10, 2017 (see below for more details):

Are you making deductions from your exempt employees’ pay? If so, you may lose the right to classify the employee as exempt and, as a result, may end up owing the employee overtime pay for all overtime hours worked over the last two, or possibly three, years.

As a general rule, the Fair Labor Standards Act (FLSA) does not permit deductions from an exempt employee’s salary, because the salary cannot be dependent on the number of days or hours he or she works, or even the employee’s quantity or quality of work. There are, however, limited exceptions where deductions can be made. For example, if the employee is absent from work for one or more full days for personal reasons, a deduction is permissible. Moreover, if the employee is absent from work for one or more full days for sickness or disability, and the deduction is made in accordance with a bona fide “sick leave” plan, policy, or practice, a deduction is again permissible. Other limited exceptions exist, and it is important for employers not to deduct from an exempt employee’s salary unless one of the exceptions applies.

Join us in Fort Lauderdale in November


Continue Reading Deductions From Employees’ Salaries May Lead to Liability

Over the next few weeks, we will be sharing guest posts from our member firms with the Florida Law Alliance, who will be producing an employment law conference on November 10, 2017, at the Sonesta Fort Lauderdale Beach Hotel.

Today’s post is from Craig Salner, a partner at the Clarke Silverglate law firm in Miami:

Most South Florida practitioners are familiar with the barrage of recent lawsuits against places of public accommodation challenging their equal accessibility for the disabled. The Americans with Disabilities Act (“ADA”), a statute more known for its ban on disability discrimination in the workplace, has a section known as “Title III” which requires places of public accommodation to provide equal access to persons with disabilities. ADA Title III requirements typically have been applied to components of a business’s physical structure – appropriate linking of the parking lot to the adjacent sidewalk, sufficient main floor space for a wheelchair-bound patron to ambulate between and around aisles, bathrooms with sufficient space to maneuver with reachable soap and paper dispensers, etc.

Successful ADA Title III litigants are entitled to injunctive relief (i.e., the accessibility flaws must be remedied) plus attorney’s fees. Despite the lack of monetary damages available to litigants, ADA Title III litigation has spiked in South Florida with the emergence of certain serial “tester” plaintiffs – specific individuals claiming to test places of public accommodation for ADA Title III compliance and suing in instances of alleged non-compliance. Title III ADA lawsuits have nearly tripled nationwide in the last three years, rising from 2,722 in 2013 to 6,601 in 2016, including a 37 percent increase from 2015 to 2016. Florida is second only to California in the number of 2016 filings.

Are Internet websites places of public accommodation covered by Title III of the ADA?


Continue Reading Company Websites Under Attack – ADA Title III Expanding to the Internet

Human resource keyboardMake plans now to attend the biggest employment law conference in Southwest Florida, HR Law & Solutions, now in its 25th year! Henderson Franklin’s Employment Law and Workers’ Compensation attorneys will return to Sanibel Harbour Marriott Resort & Spa in Fort Myers on Friday, March 10, 2017, for a fun-filled day of education.

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We are so excited to announce that registration is now open for the 2016 HR Law & Solutions Seminar. Now in its 24th year, this full-day seminar is a fantastic opportunity for both new and experience HR professionals and other business executives to learn about important employment laws, network with their peers, and, of

10-12-2015 3-48-06 PMWhether you have 10 or 10,000 employees, running a business can be a challenge. Making decisions based on strategic reasoning is critical to the success and longevity of any company. How can members of the c-suite, as well as the small business owner, gain helpful insight into the boardroom and, at the same time, try and avoid the courtroom?

We cordially invite you and your top-level managers to join members of Henderson Franklin’s legal team on Tuesday, November 17, 2015 as they present the Southwest Florida C-Suite Summit at Sanibel Harbour Marriott Resort & Spa. Topics and speakers include:

The Recipe for Business Longevity presented by Attorneys Guy Whitesman (Chair, Business and Tax Department), Eric Gurgold (Chair, Estate Planning and Administration Department) and Mark Nieds (Intellectual Property Group). They will outline proven techniques and best practices to preserve, protect, and perpetuate your business. One size does not fit all. The panel will explore avenues to successful business perpetuation, liquidity events and the preservation of wealth.

The Comeback Kid: Southwest Florida’s Ongoing Economic Recovery. Attorneys Denis Noah (Chairman of the Horizon Council) and Russell Schropp (Horizon Council Task Force Chair) will provide a look at the state of Southwest Florida’s economic recovery – from a lawyer’s perspective!
Continue Reading Registration is Open — Southwest Florida C-Suite Summit

radical color copyWe are excited to announce that Suzanne Boy will be presenting at the Florida Law Alliance Employment Law Conference, taking place on Thursday, November 12, 2015 at the law offices of Hill, Ward & Henderson in Tampa, Florida. Henderson Franklin is a member of the Florida Law Alliance, a group of six independent law firms practicing throughout Florida. The firms have combined their knowledge, efforts, and resources to increase efficiency, lower costs, expand the scope and improve the quality of legal services each firm provides to its own clients.

Topics and Speakers

Avoiding and Defending Wage and Hour Class and Collective Actions presented by Attorney Craig Salner from the Clarke Silverglate firm in Miami. Employers know that the only lawsuit you win is the one that never gets filed. In the case of wage and hour litigation, this is particularly true of collective actions under the Fair Labor Standards Act (“FLSA”) and class actions under State law counterparts. This presentation will focus ways to defend class and collective actions or better yet, avoid them altogether.
Continue Reading LGBT, Social Media and EEOC Charges to be addressed at Fall Employment Law Conference

We are excited to announce that Paul Dean, a local investigator with the Department of Labor (DOL), will speak at next week’s SHRM SWFL meeting about various wage/hour issues. No, we are not excited because our favorite group of HR professionals plans to throw food at Paul (if you’re reading this, Paul, we promise we