Have a general question about employment law? Want to share a story? I welcome all comments and questions. I can't give legal advice here about specific situations but will be glad to discuss general issues and try to point you in the right direction. If you need legal advice, contact an employment lawyer in your state. Remember, anything you post here will be seen publicly, and I will comment publicly on it. It will not be confidential. Govern yourself accordingly. If you want to communicate with me confidentially as Donna Ballman, Florida lawyer rather than as Donna Ballman, blogger, my firm's website is here.

Friday, November 22, 2019

OK Millennials, Just Say No To OK Boomer At Work

Sure, the OK Boomer thing is cute and funny. After all, my generation can be a bit out of touch with the modern times. So say it to your parents, your aunt, uncle, grandparents (if they're actually boomers - they're more likely Silent Generation).

But whatever you do, don't say it at work. Seriously.

Boomers are, by definition, over age 40. That means they're protected from age discrimination by the Age Discrimination In Employment Act and state laws like the Florida Civil Rights Act. Saying OK Boomer at work can get you into hot water with HR and EEOC.

If you're saying OK Boomer to a coworker, that could be deemed age-based harassment. If the boomer isn't amused, they'll report you to HR and you'll probably get written up or disciplined. Don't assume that the boomer in question is amused just because they're laughing with you. They may be laughing because they're embarrassed not to show they're being a good sport. It could still be offensive to them and therefore illegal harassment even if they're playing along.

If you're saying OK Boomer to a supervisor, all I can say is OK Millennial. That's going to get you fired. Don't make fun of your boss, and especially don't make fun of them for being old and out of touch.

If you're saying it to a subordinate, you have just given them direct evidence of age discrimination. If you fire, demote, deny a promotion, or even write them up, they can possibly prove that you did it because of age using that comment as evidence. I'd add it to the list of ageist things not to say like asking when they're going to retire (unless you have an actual need to know for reasons other than replacing them), calling them old man or old lady, saying the company needs a younger image, saying they're senile or ancient, and other age-related comments.

Interestingly, it probably doesn't go the other way. If a boomer says OK Millennial, that might not be age discrimination. Millennials haven't turned 40 (yet - they will start turning soon) so most age discrimination laws don't cover discrimination based on being too young. You might get crosswise with a company anti-bullying policy though, so it's probably best to avoid saying it at work.

Bottom line: don't insult colleagues based on their age.

OK Millennials and Boomers. Back to work.

Friday, November 15, 2019

California Bans Forced Arbitration For Discrimination Claims - Will Other States Follow?

Starting in 2020, employers in California are banned from requiring employees to agree to arbitration of state discrimination and labor law issues. That's good news for employees, maybe. And it may have an impact beyond California.

Arbitrations are bad for a number of reasons when done as mandatory processes rather than truly voluntary. Employees have been pushing back on mandatory arbitration, sometimes successfully. So this law will hopefully prevent abusive forced arbitrations in California.

This could affect employees beyond California if they work for a company with offices in California. Many will simply drop forced arbitration across the board.

I say maybe it's good for employees because there's still the Federal Arbitration Act to deal with. Employers will argue that this California law is preempted by the FAA, which allows abusive forced arbitration. I'm guessing we'll see litigation about this soon.

We need action in other states, and we need action on the federal level to ban abusive forced arbitrations. Arbitration can be a wonderful thing if truly voluntary and truly fair. We need to make sure that all employees get to make a real choice rather than being forced into an unfair process.

C'mon Florida. Let's do something to help employees for a change.

Tuesday, November 5, 2019

Florida Workers Get A Whopping Ten Cents, But There's Hope

Yipee! Florida's minimum wage is going up a whopping 10 cents, from $8.46/hour to $8.56/hour. Tipped workers will get $5.54/hour.

If that news generates a big yawn, or a "how the heck can anyone live on that?" there's hope. 

A new petition to very gradually raise Florida's minimum wage to $15/hour just got enough signatures to make the ballot in November. It would raise the minimum wage to $10 in September 2021, and then go up $1 annually after that. So it wouldn't be until 2026 that it finally gets to $15. 



Hey, at least it's something. Other states have already raised minimum wage to $15: California will have it by 2022, New York by 2020.  Washington's will be $13.50 in 2020. Arizona and Colorado have raised theirs to $12 effective in 2020. Oregon's is currently $11.25 and will be $13.50 by 2022.

Surely Florida can do at least as well as these states for its workers. To me, the ballot measure is a no-brainer. The current minimum wage means people working those jobs live below the poverty line. If you're thinking folks should just get a better job, that doesn't solve the problem, does it? It just means that some other worker will live in poverty instead. Do you really believe that some full time jobs need to be done but the people who do them should live in poverty? I didn't think so.

Make sure you vote in November to raise the minimum wage in Florida.

If you think minimum wage is too low and want to help, then check out the Fight for 15. They are teaching workers to organize to fight for better wages.