EEOC’s Lawsuit to Require a Trucking Company to Allow a Long-Distance Truck Driver to Have an Emotional Support Dog in His Vehicle is Headed Toward a Trial Court Decision in 2018

A pretrial order that sets June 1, 2018 as the deadline for filing summary judgment motions and any challenges to the admissibility of expert witness testimony sets the stage for a court to decide the dispute between the Equal Employment Opportunity Commission (“EEOC”) and trucking company CRST International, Inc. and CRST Expedited, Inc. (“CRST”) over […]

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EEOC’s Suit Against Florida-Based Transportation and Logistics Company May Interest Employers Nationally

The Equal Employment Opportunity Commission (“EEOC”) recently sued CRST International and CRST Expedited (a major trucking and logistics company based in Florida, “CRST”), alleging that it violated the Americans with Disabilities Act (“ADA”) by refusing to retain a truck driver trainee, denying the trainee’s request for permission to be accompanied by a service dog while […]

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OFCCP Again Delays Adoption of Regulations Addressing Construction Industry Employment Practices

On Friday, September 23, 2016, the Office of Federal Contract Compliance Programs (“OFCCP”) announced yet another delay in the adoption of regulations setting forth new nondiscrimination and affirmative action requirements for covered federal contractors in the construction industry. Through responses to Frequently Asked Questions, the OFCCP said that new utilization goals for companies that contract […]

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How Dare Employees Sue for Overtime Pay When Their Misconduct Damaged Us by Much More? Two Recent Decisions in Florida Provide Guidance Regarding Employer Counterclaims in Employee FLSA Lawsuits

Two recent decisions by the United States District Court for the Southern District of Florida (the “Court” or “S.D. Fla.”) discuss whether an employer may reduce or preclude employee recovery of unpaid wages under the Fair Labor Standards Act (“FLSA”) through an affirmative defense and a counterclaim asserting employee theft, fraud, other misconduct, or breach […]

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Recent Case Provides Wake-Up Call to the Lodging Industry: Potential Liability of Individual Managers and Related Entities Under FLSA

A recent decision by the United States District Court for the Middle District of Florida alerts individual managers, companies operating lodging properties, and related entities to potential liability under the Fair Labor Standards Act (“FLSA”). The Court issued the decision in the case of Harry Partridge vs. Mosley Motel of St. Petersburg, Affordable Realty and […]

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The Independent Contractor vs. Employee Classification Issue in Florida Unemployment Compensation Claims Determination: An Intriguing Appeal Against the Backdrop of Multiple Battles Involving Uber

As Uber seeks Florida legislation, through House Bill 509 and Senate Bill 1118, to establish a regulatory regime that preempts local ordinances and codifies a framework for designation of its drivers as independent contractors rather than employees, it faces a driver’s appeal of the denial by the State of Florida Department of Economic Opportunity (“DEO”) […]

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