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. 

Cities Step Up Worker Protections - Has Yours?

The United States is way behind most other western nations in protecting its workers. While Congress has dropped into paralysis, U.S. cities have stepped in where Congress and the states have failed to protect working Americans. Florida is one of the most anti-employee states in the nation. The cities here could do much to help working people if they had the political will.

Here are some examples of how cities are stepping up to help workers:

Intern sexual harassment: New York City, along with Washington, D.C., Delaware, and Oregon, have laws against sexually harassing unpaid interns. There is not a single federal law banning intern sexual harassment. Title VII doesn’t cover it because they aren’t “employees.” Same with most state laws including Florida. So, yay for sexual harassers. High school and college students are fair game.

Paid sick leave: San Francisco, Oakland, Emeryville, Los Angeles, Berkeley and San Diego; Washington, D.C.; New York City; Seattle, Tacoma and Spokane; Philadelphia; Montgomery County (Md.); Chicago and Cook County; St. Paul, Minneapolis and Duluth); Newark, Jersey City, Irvington, Passaic, East Orange, Paterson, Trenton, Montclair, Bloomfield, New Brunswick, Elizabeth, Plainfield and Morristown; and Austin all have some form of paid sick leave. Eleven states including California provide some form of paid sick leave. Not Florida, of course.

Paid safe days: The cities that provide paid "safe" days, giving time for survivors of domestic violence, sexual assault, and stalking to seek services include: San Francisco, Emeryville, San Diego, Los Angeles, Berkeley and Santa Monica; Washington, D.C.; Seattle, Tacoma and Spokane; Philadelphia; Montgomery County (Md.); Chicago and Cook County; Minneapolis, St. Paul and Duluth; New Brunswick; and Austin.

Salary history: 13 states and 11 cities have banned employers from asking about salary history. The reason behind the legislation is that basing pay on prior salary can lock in pay discrimination. The sponsor of the Philadelphia ordinance explained: “Simply put, when a woman is paid less at the beginning of her career she will continue to earn less throughout her career. By eliminating the question of salary history we will be one step closer to decreasing the wage gap.”

Ban the box:  33 states and over 150 cities and counties have adopted “ban the box” laws. These laws generally prevent employers from asking about applicant arrests or convictions at the beginning of the application process, and only allow inquiries after the applicant passes their initial screening. Why? Because about 70 million Americans have some criminal record, and the majority of them are minorities. An entire class of citizens has been made almost completely unemployable due to criminal records that have nothing to do with their ability to do jobs.

Predictable schedules: San Francisco, Emeryville, San Jose, Chicago, New York, Seattle and Washington, D.C. have ordinances requiring that employers give specified advance notice of work schedules, advance notice of shift cancellations, and/or predictability pay for last minute cancellations. Oregon is the first state to enact such a law.

Paid family leave: 35 cities/counties and 11 states have paid parental leave laws.

Right to vacation: New York City would require most employers to offer 10 days of paid vacation to employees under this proposed ordinance

Firing for just cause: This proposed law would prevent employers in New York from firing on a whim.

Minimum wage: Florida’s legislature has prohibited local ordinances raising minimum wage, and that was just upheld. Sad. Many other cities around the nation have raised minimum wage for their workers.

Some cities that have led the way on employee rights are San Francisco, New York, A list of San Francisco’s very pro-employee ordinances is here. New York’s employee rights page is here.

So talk to your local elected officials about stepping up to help working people. If the state and federal governments won’t help workers, it will be up to the cities to protect them.

New Bills In Florida That Will Impact #Employees If Passed

The Florida legislature is in session through May. They may or may not pass some legislation that will affect employees and employment law. Be afraid. Be very afraid. Here are some of the bills to watch:

SB 160 - Minimum Wage: Revising the formula for the adjusted state minimum wage, etc.  See HB 945. This is an attempt to slowly bring Florida's minimum wage up to a living wage by adjusting an extra $1 - $1.50 per year until 2021. Since Republicans hate the minimum wage to begin with, it won't pass. 

SCR 194:  The annual and inevitably failing attempt to ratify the Equal Rights Amendment. Sigh.

HB 319:  Discrimination in Labor and Employment: Creates "Helen Gordon Davis Fair Pay Protection Act." This bill, which won't pass. would add gender identity to the categories of illegal discrimination, prohibit pay and other discrimination based on sex and gender identity,  and prohibit employers from punishing employees for discussing and comparing wages and benefits. 

HB 443:  Verification of Employment Eligibility: Requires employers to use E-Verify system to verify employment eligibility; prohibits employer from knowingly or intentionally employing unauthorized alien. This bill really has more of an impact on employers, and criminalizes the hiring of illegal aliens. However, it will make it more difficult for anyone with an accent or foreign-sounding name to get a job if employers become skittish about possible jail time for a bad hiring decision. This one has a shot at getting passed as we continue anti-immigrant fever in this country, but I'm guessing the Chambers and business interests will freak out and oppose it. My prediction is it probably won't pass.

HB 623:  Prohibited Discrimination: Provides that sexual orientation & gender identity are impermissible grounds for discrimination, provides exception for constitutionally protected free exercise of religion.  Related bills are SB 666, HB 659, SB 742. Despite the fact that major corporations and business interests support this, and the fact that it will be good for Florida's tourism and economic interests, this has failed every time it has been attempted. It will fail again.

HB 1255:  Florida Commission on Human Relations. This bill would adjust quorum requirements for the Commission and would make clear that the statute of limitations for suing for discrimination is 4 years from the date of discrimination, which is the law now but is continually the subject of litigation. Mostly, it guts the discrimination provisions regarding private clubs. It could pass.

HB 7047: Would deregulate/change regulations regarding a huge list of professions, including labor organizations.

Guns in workplaces: There is a giant batch of pro-gun legislation pending that could well pass, and it will affect workplace safety and also employee rights to carry. These bills include the right to bring guns to colleges and universities, passenger terminals of airports, public meetings, basically anywhere, career centers,  athletic events of schools and colleges,  the Florida legislature (okay, this would serve them right). Then there's SB 140 and SB 646 that would make Florida an open carry state. If business organizations aren't freaking out and screaming bloody murder, they should be. Can you imagine what will happen if a bunch of Floridians are running around with guns in all these places? Mayhem will ensue. And then there's the one that is the voice in the wilderness that would increase penalties for carrying weapons into schools and school events. It won't pass. Neither will the one adding public theaters and performing arts centers to the list of places you can't carry weapons.

Medical marijuana: Of the many bills relating to marijuana use, not one would protect employees from being fired for using prescribed marijuana, even the low THC kind. For shame.

SB 1208: Would add intentional touching in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering such areas to the crime of sexual battery, which could give sexual harassment victims more ammunition. It's by a Democrat so it probably won't pass.

SB 1148: Unemployment compensation. Would provide for an alternate base period for those currently being screwed out of unemployment benefits for arbitrary calendar reasons, would punish employers who refuse to give wage/employment info (which happens all the time now and delays unemployment benefits by weeks or months) and would add to the reasons an employee can resign and still get benefits. There is no way this will pass. Florida has done everything it can to screw people out of their unemployment benefits and will continue to do so.

HB 575: Threats to kill or do bodily harm. This one will affect many employees. It makes it a felony to post on the Internet or in social media, as well as email, etc. any threat to kill or do bodily harm. This means anyone who posts, "I could just kill my boss for what happened today," or "I could just strangle my coworker," whether or not there was any intent to do the harm and whether or not it was just venting, could face felony charges. This bill could be crazy overbroad and could result in lots of employees ending up in handcuffs. Right now, the threat has to be made to the actual person. Now, if anyone else sees the threat you can be prosecuted.

HB 561: Providing for a veteran's preference tax credit, which may help veterans get employment.

HB 31: Would "ban the box" and prohibit employers from asking about arrests/convictions and from refusing to interview based on criminal arrests and convictions. They can still do background checks once a conditional offer of employment is made. It won't pass.

SB 126: Would loosen the state's anti-nepotism laws. Somebody has a relative who needs a job. Could it be somebody who also wants to turn the state into the wild west? Could be.

HB 11: Would make it way easier to decertify labor organizations/labor unions. It will probably pass.

The good news is there are no bathroom bills this year. Will the legislature do anything to help employees this year? Not likely. I'll let you know if they do.

Florida Democrats Take Another Swing At Pro-Employee Legislation (That Won't Pass)

Another legislative session coming up, some more pro-employee legislation that will not pass. But here’s what some Florida Democrats (okay, I didn’t check them all, but c’mon, what are the odds that any of the co-sponsors of any pro-employee laws are Republicans?) are trying to pass in 2016 to help Florida employees:

$15 minimum wage: SB 6 and HB 109 would raise Florida’s minimum wage to $15/hour

ERA: SCR 74 and HCR 8001 would ratify the Equal Rights Amendment. Better late than never.

Sexual Orientation: SB 120 and HB 45would add sexual orientation and gender identity to prohibited categories of discrimination in the workplace.

Social Media Privacy: SB 186 would prohibit employers from demanding your social media passwords.

Unemployment and Domestic Violence: SB 188 protects employees who leave or lose jobs due to domestic violence from being disqualified for unemployment benefits.

Paid Sick Leave: SB 294 and HB 205 would require state and local governments with at least 9 employees to provide paid sick leave to employees. Why only government employers? I'm really not sure that's what the sponsors meant to do, but that's what it says employers are.

Paid Family Leave: SB 384 and HB 603 would require employers to provide paid leave similar to FMLA for birth or adoption of a child and care in the first year, but it applies to employees who work at least 20 hours a week, applies to employers with at least 15 employees, and would permit up to 6 weeks of protected leave. Creates a rebuttable presumption that any demotion or discharge taken within 90 days against an employee who takes leave is a violation.

Ban the Box: SB 448 and HB 353 would prohibit employers from asking about criminal history in initial employment applications.

If you support any of these bills, start calling and writing your legislators now. Especially the Republicans. If any of these proposed laws get overwhelming support, they may just have a chance. My prediction: DOA.

Employment Law Bills Pending In The Florida Legislature

Since I've been writing about states that have pro-employee laws, and complaining about the lack of protections for employees in Florida law, I thought you'd like to hear about some legislation that has been filed in the Florida legislature for the upcoming session. Will any of it pass? Doubtful. Still, now might be a good time to contact your representatives and state senators to support some of these laws:

Intern Sexual Harassment: Rep. Joseph Geller has proposed a law expanding the Florida Civil Rights Act to include unpaid interns. Why? Because we currently have no laws in Florida prohibiting sexual harassment of interns. Who will come out in favor of sexual harassment of our teenagers? Stay tuned.

Florida Overtime Act: This proposed law revises the number of hours of labor that is a full legal day's work from 10 to 8; revises rates of overtime compensation; provides that commuting to and from certain locations is not part of a day's work; prohibits an employer from requiring employee to continue working after punching out; prohibits employers from paying an employee for less than the amount of contracted hours worked by the employee; and provides penalties for violations.

Fair Pay: The Helen Gordon Davis Fair Pay Protection Act would condemn gender-based pay disparity and have the Department of Economic Opportunity and the Florida Commission on Human Relations do research and disseminate information about unequal pay. No remedies for victims, but it could help prove that disparities exist and spread the word about what legal protections women have.

Minimum Wage: A law increasing the state's minimum wage to $10.10 probably doesn't have a snowball's chance.

Social Media Privacy: Right now, Florida employers can get away with demanding employee social media passwords. A law prohibiting this kind of invasion of privacy would make it illegal for employers to demand user names and passwords for personal social media accounts of employees and prospective employees.

Bullying: The Safe Environment Work Act would make employers liable for allowing an abusive work environment to exist. Will Florida join Tennessee in banning workplace bullies? Not likely.

Ban The Box: With this law, Florida would join the many states that ban employers from making prospective employees disclose their criminal history on an employment application. So far 13 states have passed ban-the-box laws.

LGBT Discrimination: One law that might pass, mainly because lots of Florida employers have come out in favor of it and it has bipartisan support, is the law proposing to add sexual orientation and gender identity to the categories of prohibited discrimination under the Florida Civil Rights Act.

Although it isn't specifically related to employment law, there's yet another attempt to pass the Equal Rights Amendment in Florida. The ERA was the first campaign I worked on when I moved here in 1981, and I thought it was a no-brainer. Here we are, 33 years later, with no ERA. Will it pass? No.

What Every Teen Needs To Know About Getting Paid At Work

I wrote about general workplace rights teens and young adults need to know. And before that I wrote about workplace sexual harassment. But there's even more you probably didn't learn about work when you were in school. I bet your high school and college didn't tell you about what you're entitled to be paid under the law, what hours you're allowed to work, how to figure out if your internship should be paid, and allowable work breaks, did they?

If you're a teen or young adult starting or looking for a summer job or internship, getting paid (or getting a meaningful learning experience) is one of the most important things. Otherwise, you could be at the beach or ziplining. If you're a parent, friend, guardian or relative of someone entering the workforce for the first time, make sure they know their rights on getting paid. Otherwise, they'll be hitting you up for funds, right? No worries. 

Read my article What Every Teen Needs To Know About Getting Paid At Work to find out what you need to know about teen and young adult wages, hours, unpaid internships and breaks.

Reason For Outrage On Sunday: Unpaid Super Bowl "Volunteers" Are Illegal

The NFL will have an estimated 13,500 "volunteers" working at the Super Bowl. The NFL just announced that 1500 of these "volunteers" will now be paid. The rest will have to sign waivers agreeing not to sue, not to participate in a class action suit, and to arbitrate if they do sue.

Since when is the NFL a not-for-profit agency? Am I missing something? There's no such thing as an unpaid volunteer working for a for-profit company. Period. Ask Major League Baseball, which is now defending against a class action suit for all the "volunteers" it had working  without pay at for profit events. The NFL, which makes about $10 billion a year, can afford to pay minimum wage to its workers.

Imagine Goldman Sachs or Burger King soliciting volunteers to come work for them. We'd be outraged. So why is there little outcry when one of the most profitable for-profit enterprises solicits thousands of people to work for free?

Here's what the Department of Labor has to say about when volunteers may work without pay:

The Fair Labor Standards Act (FLSA) defines employment very broadly, i.e., "to suffer or permit to work." However, the Supreme Court has made it clear that the FLSA was not intended "to stamp all persons as employees who without any express or implied compensation agreement might work for their own advantage on the premises of another." In administering the FLSA, the Department of Labor follows this judicial guidance in the case of individuals serving as unpaid volunteers in various community services. Individuals who volunteer or donate their services, usually on a part-time basis, for public service, religious or humanitarian objectives, not as employees and without contemplation of pay, are not considered employees of the religious, charitable or similar non-profit organizations that receive their service.

For example, members of civic organizations may help out in a sheltered workshop; men's or women's organizations may send members or students into hospitals or nursing homes to provide certain personal services for the sick or elderly; parents may assist in a school library or cafeteria as a public duty to maintain effective services for their children or they may volunteer to drive a school bus to carry a football team or school band on a trip. Similarly, an individual may volunteer to perform such tasks as driving vehicles or folding bandages for the Red Cross, working with disabled children or disadvantaged youth, helping in youth programs as camp counselors, scoutmasters, den mothers, providing child care assistance for needy working mothers, soliciting contributions or participating in benefit programs for such organizations and volunteering other services needed to carry out their charitable, educational, or religious programs.

Under the FLSA, employees may not volunteer services to for-profit private sector employers. On the other hand, in the vast majority of circumstances, individuals can volunteer services to public sector employers. When Congress amended the FLSA in 1985, it made clear that people are allowed to volunteer their services to public agencies and their community with but one exception - public sector employers may not allow their employees to volunteer, without compensation, additional time to do the same work for which they are employed. There is no prohibition on anyone employed in the private sector from volunteering in any capacity or line of work in the public sector.

The Department of Labor also discusses the issue of a shortage of workers (which I can't believe there would be anywhere in this economy:

If your business has a shortage of workers and is looking to “volunteers” to help out, be aware that the Fair Labor Standards Act (FLSA) has stringent requirements with respect to the use of volunteers.  In general, covered, nonexempt workers working for private, for-profit employers have to be paid at least the minimum wage and cannot volunteer their services.  Check with DOL for the rules governing the circumstances where volunteering in the public and private, non-profit sectors may be allowed.

For-profit companies can't ask staff to volunteer to work at for-profit activities. The Department of Labor advises:

Just like other individuals, staff of facilities that provide employment and services to workers with disabilities may volunteer to perform certain tasks for their employers without creating an employment relationship under the FLSA. However, under the FLSA, employees may not normally volunteer services to for-profit employers. 

Employees of a work center or hospital cannot volunteer to perform the same services they are normally employed and paid to perform. For example, a secretary cannot volunteer to respond to correspondence generated by a special fund-raising drive.

Individuals, including staff members, who “volunteer” to help a work center or hospital meet production deadlines required by contract or subcontract work orders are not considered volunteers under the FLSA and an employment relationship exists when they are engaged in such activities.

 If a for-profit employer mandates employees to work on charitable activities, then the employees must be paid. DOL explains it this way:

[W]hen an employer directs an employee to volunteer, that time is compensable.  The regulations state:

Time spent in work for public or charitable purposes at the employer's request, or under his direction or control, or while the employee is required to be on the premises, is working time.  However, time spent voluntarily in such activities outside of the employee's normal working hours is not hours worked.
29 C.F.R. § 785.44 .... 

Therefore, we caution that volunteer activities “must be truly voluntary and any coercion or pressure, whether direct or indirect by the [employer] to participate in this program outside of [] duty hours would negate the voluntary nature of the program.”  WH Opinion Letter January 29, 1999....  [E]mployers may encourage their employees to volunteer their services for public or charitable purposes outside of normal working hours without incurring an obligation to treat that time as hours worked so long as participation is optional and non-participation will not adversely affect working conditions or employment prospects.

Several courts have upheld agreements where employees agreed to waive their right to bring class actions and to arbitrate Fair Labor Standards Act claims. However, an employee can't agree to waive their right to be paid. It will remain to be seen whether a court will uphold any part of these releases the "volunteers" are signing for the Super Bowl.

In an economy where a huge part of the population is unemployed, it's a darned shame that a for-profit organization like the NFL is taking advantage of members of the community and simultaneously avoiding a golden opportunity to provide much-needed work to thousands of people.

They're breaking the law. Be outraged.

Donna's Employment Law Predictions for 2014

Last week I revealed how I did on my predictions for 2013 (pretty darned good, if I do say so myself). Today, I look into my crystal ball for 2014. Here's what I see on the horizon:

1. Minimum Wage: Raising the minimum wage will be a hot political issue in 2014. We saw some movements in 2013 to make significant increases, and that will continue. Unless something drastic happens in the midterm elections, it's doubtful we'll see anything significant on the national level, but look for more states to increase the minimum wage to the $ 9 - 10 range. Some may go even higher, like Seattle's move toward $15. Raising the minimum wage is great for the economy. Unlike trickle-down economics, it gets money circulating quickly. Henry Ford had the right idea: pay your employees enough so they can buy your products.
2. Legalize It: Legalized marijuana will spread to more states, creating some confusion for employers. Can they fire employees who test positive, like Colorado? Or will their state prohibit firings for legal marijuana use like Connecticut, Arizona, Rhode Island, Maine, Colorado and New York? Colorado has a law, as do other states, prohibiting firing/discrimination for legal off-duty activities, so watch for some litigation over this issue there. Look for marijuana growers and sellers to push for laws like tobacco users have in several states protecting them from discrimination at work. In the meantime, medical marijuana users will seek protection under the ADA and other disability discrimination laws.
3. Health Care: ObamaCare kicked in and it will change the way we look at health insurance. Sure, it isn't ideal. But when a million or so people who've never had health insurance or who haven't had it in years suddenly can get medical treatment, they'll start to expect to be treated like human beings instead of human waste. From here, we'll be very close to an upheaval in the way we deal with health insurance. This year, we'll see some confusion as the regulations kick in, some stupid employers dumping insurance and cutting people to part-time to avoid paying insurance, but the employer mandates have been delayed until 2015, so most of the stupid employer activity will be at the end of the year and into next year. I say that employers who do this are stupid because they'll ultimately lose good employees. With more people covered, there will be more health care jobs available.
4. Internships Cut: With employers under attack for unpaid internship programs that don't actually educate the interns and replace regular employees, some programs will simply disappear. That's not all bad, since the interns-as-slaves programs need to die. We'll see better internship programs cropping up, ones that are truly educational, or paid internships. But most of the new programs will start up after this year. This will be a year of lost programs. We'll also see some attempts to put interns under the protection of discrimination and sexual harassment laws. Some may succeed on the state or local levels, but there's no way that happens on a national level with Congress as it is currently configured.
5. Failed Again: Attempts to pass anti-bullying laws and the Civil Rights Tax Fairness Act will fail just like they do every year.
6. NLRB and EEOC Cut Off By Courts: NLRB and EEOC will continue to try to expand the protections employees have. Courts will continue to stop them. Still, they'll inch forward with some new progress for employees. Baby steps.
7. Lip Service: While the midterm elections kick in, we'll hear lots of big proposals to help employees. Little or nothing will pass due to gridlock. Failures will include the FAMILY Act, Arbitration Fairness Act, and ENDA. However, the fact that each of these bills will be blocked will become fodder to take down some of the more anti-employee members of Congress. Maybe 2015 will see some progress.
8. Background Checks: EEOC's efforts to demonstrate that criminal background checks have a disparate impact on blacks have been pretty well crushed so far. However, there will continue to be efforts to ban credit checks. More states will ban or limit use of credit information in hiring. The federal efforts to do so will fail. More states will pass ban-the-box laws barring many inquiries about arrest and conviction records in job applications. There is zero chance such a law will pass on the federal level this election year.
9. Pregnancy Discrimination: The issue of whether pregnancy is covered under the Florida Civil Rights Act will be resolved one way or the other by the end of the year. I think the Florida Supreme Court will say it is already covered. If not, then the legislature will pass a fix. The difference will be for all those women caught in between. If the Court doesn't rule for employees, lots of new moms who thought they were covered and sued under state law will be out of luck. Rule wisely, Supremes.
10. LGBT Protections: States and local governments will continue to pass discrimination laws banning LGBT discrimination. The feds will fail again, but EEOC will continue to push for application of existing law to LGBT employees.
11. Religious Discrimination: Religious employees will push the limits on their ability to proselytize and pray at work. There will be a disconnect between the right to practice religion vs. the right not to be harassed for not sharing a religion and also LGBT rights. Look for right-wing religious groups to push the argument that religious discrimination laws allow them to speak out against gay rights in the workplace. In an election year, we'll see extreme positions pushed on both sides.

Well, that's it for my predictions. I think this year will be one where employees start to wake up to how few rights they have and start to push for more. Major change will come only with a change in Congress.

Elf's Lament: Don't Forget The Underpaid Workers This Holiday Season

If you're like me, you're probably doing some last minute holiday shopping. While you're loading up on gifts at one of those mega-stores open 24 hours or on holidays, remember that more than 1 in 10 Americans who work full time are still poor. You're probably handing your credit card to someone who lives below the poverty line. About 1 in 4 private sector jobs pays below $10/hour.

I'm on vacation, so rather than make my argument I'll let someone else do it for me. You can even listen to my favorite pro-employee Christmas song, Elf's Lament (about the travails of Santa's workers), embedded above, while you read these. Take a look at this article on why It's Not OK That Your Employees Can't Afford To Eat. And then ponder Pope Francis's snappy retort to Rush and friends who called him a Marxist when he spoke out about the evils of trickle down economics: "The promise was that when the glass was full, it would overflow, benefitting the poor. But what happens instead, is that when the glass is full, it magically gets bigger nothing ever comes out for the poor."

So, enjoy your family holiday celebrations, drink some eggnog, and toast to the workers who made your holiday celebration possible. Then let's  resolve to follow the good examples set by SeaTac, Washington, New Jersey, California and other American cities and states and raise the minimum wage to a living wage.

Happy holidays!

13 Things Every Teen Needs To Know About Workplace Rights

School’s out for summer! Or it will be soon, and many teens will start summer jobs or even their very first real job. Yet schools do little, if anything, to prepare teens for the realities of the workplace. I’m always shocked when I encounter teens whose parents drag them to me after they suffer workplace abuse with no idea they have any rights at all.

So, if you’re a teen entering the workplace or thinking of applying for a job, read this. If you’re a parent, friend or relative of a teen who is entering the workforce, please print this and show it to them.

Here are 13 things teens need to know about workplace rights that their school probably didn’t teach them:

1. Minimum Wage: Federal minimum wage is $7.25 per hour. However, there is something called the youth minimum wage, which means that for the first 90 calendar days of any new job you can be paid as little as $4.25 per hour if you are under 20. State minimum wages may be higher. Here in Florida, the minimum wage is $7.79. Tipped employees may be paid a minimum wage of $2.13/hour as long as their wages including tips equal at least the higher of the state and federal minimum wage. State minimum wages for tipped employees vary. In Florida, it’s $4.77/hour. More details about wages can be found here.

2. Hours: If you are under 16, under Federal law your work hours are limited. You can’t work during school hours at all, and you can’t work more than 3 hours on a school day, including Friday; more than 18 hours a week when school is in session; more than 8 hours a day when school is not in session; more than 40 hours a week when school is not in session; and before 7 a.m. or after 7 p.m. on any day, except from June 1st through Labor Day, when you can work until 9 p.m. Federal law doesn’t limit work hours for teens 16 or older, but your state laws may. For instance, Florida law says if you’re under 18 you can’t work during school hours (with exceptions), and that if you’re 16 or 17 you may only work up to 30 hours per week, not before 6:30 a.m. or later than 11 p.m. and for no more than 8 hours a day when school is scheduled the following day, and for no more than 6 consecutive days.

3. Breaks: Federal law doesn’t require any work breaks. However, many states require work breaks, especially for workers under 18. In Florida, workers under 18 are not allowed to work more than 4 consecutive hours without a 30 minute uninterrupted work break. For breaks of more than 20 minutes, employers don’t have to pay. Breaks 20 minutes and under are hours worked that need to be paid.

4. Sexual Harassment: If your boss, coworker, customer, vendor or potential boss is harassing you because of your gender or gender identity, that’s sexual harassment, and it’s illegal. This includes unwanted sexual advances, requests for sexual favors, offensive comments about men or women in general, off-color jokes, touching, and other harassment that is either so severe or so frequent that it alters the terms and conditions of your employment. A single offhand comment may not be sexual harassment, but a single incident that is severe could be. As a minor, you have added protection. Any adult sexually harassing you is probably committing a crime, and could be a sexual predator. It is really important that you read the company’s sexual harassment policy when you start working and write down where you are supposed to report it if it occurs. You don’t have to be afraid, and you should not let yourself become a victim. People you can and probably should report sexual harassment to are your Human Resources department at work and your parents. If you’ve been touched, then you may want to contact the police. If you see someone else being sexually harassed, you should report it. Harassers will keep doing it, and their behavior will get worse, unless an adult stops them.

5. Contracts: In most states, if you’re under 18 you can’t be bound by a contract, including an employment contract. You (or your parents) can void a contract you’ve signed while underage. However, once you turn 18, you probably can’t void it anymore. Employment contracts might have provisions saying you can’t work for a competitor for a year or two, waiving your right to a jury trial, confidentiality obligations, and other important clauses. If you are asked to sign a contract, always read it and keep a copy once you’ve signed. If you don’t understand it, talk to your parents or an employment lawyer in your state about it.

6. Internships: While many teens take unpaid internships for the summer, most employers get internships wrong. If your internship is not a real learning experience for you, then you probably have to be paid for the work you do. An internship is supposed to be training similar to that you would receive in a vocational school. Filing, stuffing envelopes, and answering phones should normally be paid. Internship assignments should build on each other so you develop more skills, similar to the way each chapter of a textbook builds on the other. You should be getting training that benefits you, and you should be getting more benefit than the company. If they can make money off what you're doing, or if you're saving them from having to pay another employee, you probably have to be paid.

7. At-will: If you live anywhere but Montana, your employment is probably at-will, meaning your employer can fire you for any reason or no reason at all (with some exceptions). They can fire you because they’re in a bad mood, because they didn’t like your shirt, or because you lipped off to them like you lip off to your parents. Exceptions that would make a firing illegal include firing due to discrimination, making a worker’s comp claim, and blowing the whistle on illegal activity of the company. If your boss tells you to do something that isn’t illegal (or sexual harassment), then do it. No eye-rolling, back-talk or attitude.

8. Social Media and Cell Phones: You are expected to work during work hours. That means no texting, emailing, calling, tweeting, instagraming, facebooking, downloading, or surfing at work, unless it’s work-related. If you check your texts, emails, or social media on a company computer, cell phone or other device, the company probably has the right to look at it. If you view or send inappropriate pictures, jokes, or videos, you can be fired for doing so. There is very little privacy in the workplace, and you have few rights. Assume you’re being watched at all times at work and you won’t go wrong. Oh, and remember all those party pics and embarrassing photos you posted before you started applying for work? Employers and potential employers can see them. You probably want to check your social media pages and pull down anything you can that might be inappropriate for an employer to see.

9. Human Resources: If your employer is big enough, you probably have someone who is designated as the Human Resources person or a whole department called “Human Resources.” It may be referred to as HR. This is the place to go for information about work rules, to report sexual harassment or discrimination, and you’ll probably have to go there on your first day to fill out a stack of forms. While they can be very helpful if you have questions or concerns, they aren’t your buddies. Human Resources represents your employer, not you. They aren’t your mom or your best friend, so don’t go to them with every petty complaint, confess you did something wrong, or tell them about the wild party you went to over the weekend. Keep it professional.

10. Discrimination: Discrimination against you for being you isn’t illegal. However, discrimination and harassment due to race, sex, sexual identity, national origin, disability, religion, color, pregnancy and genetic information are. In some states, there are more categories of illegal discrimination. For instance, in Florida it’s illegal to discriminate against you because you’re too young or because of marital status. Whether sexual orientation is a protected category depends on your state and local law. No federal law bars sexual orientation discrimination.

11. Bullying: While your school might have zero tolerance for bullying, your workplace may be a bullying free-for-all. No federal or state law exists that prohibits workplace bullying. However, workplace bullies are very much like school bullies: they focus on the weak and the different. If you need to complain about a bully, make sure you do it in a way that’s protected. If the bully is picking on the weak, are they weak because of a disability, pregnancy, or age? If they’re picking on the different, is the difference based on race, national origin, age, or religion? If you report illegal discrimination, the law protects you from retaliation. If you report bullying, no law protects you.

12. Dangerous Work: It is every employer’s duty to maintain a safe workplace. If you think your workplace is unsafe, you can contact the Occupational Safety and Health Administration (OSHA) to report dangerous conditions and get more information. Certain jobs are deemed too hazardous for teens under 18 to do. A plain English description of the 17 jobs considered too dangerous for minors is here. There’s a different list for agricultural work that applies to workers under 16.

13. What Kind Of Work You Can Do: Depending on your age, there may be limits on the type of work you can do. If you are under 14, you can work, but your options are limited. You can deliver newspapers, babysit, act or perform, work as a homeworker gathering evergreens and making evergreen wreaths, or work for a business owned by your parents as long as it’s not mining, manufacturing or one of the occupations designated as hazardous. If you are 14 or 15, you can do things like retail, lifeguarding, running errands, creative work, computer work, clean-up and yard work that doesn’t use dangerous equipment, some food service and other restaurant work, some grocery work, loading and unloading, and even do some work in sawmills and wood shops. We’re talking non-manufacturing and non-hazardous jobs only. If you are 16 or 17, you can do any job that isn’t labeled as hazardous.

The Department of Labor has a website where you can get more information about employment laws that apply to teens. An interactive advisor about federal law may be found here.

Of course, my book Stand Up For Yourself Without Getting Fired can help anyone new to the workplace since it covers how to handle workplace crises and issues from the interview and application, to your first day and that giant stack of papers, to workplace disputes, to promotions, to termination, and even post-termination.

A Brief Introduction To Labor Law Poster Requirements In The U.S.

I’m taking a small breather this week and have a guest blogger, talking about the important but little-discussed issue of mandatory posters in the workplace. Please welcome my guest, Ivy Liu of Easy Business Posters. This company provides posters to employers that will fulfill state and federal requirements. While you can definitely comb through the various federal and state requirements to do it yourself, companies like Easy Business Posters can make compliance really simple. Here’s the scoop on poster requirements, from an expert.

By: Ivy Liu, Easy Business Posters

For every business operating in the U.S., it is mandatory to display posters related to labor law. Even companies with only one employee must display current federal and state law posters in the work area. Special regulations have been outlined by federal and state governments on the display of required employment posters. It is essential for a company to know about posters required to keep employees well informed about their rights and laws.

Not all companies are required to display each poster. The type of posters that are required to be posted can vary according to the industry, business type and total employees. The regulations pertaining to the posting of posters can also depend on the state, as every state has its own posting requirements. If, during inspection, a company is found not adhering to state and federal regulations, then it might result in fines and penalties for non-compliance.

Place of display: The posters should be displayed in a location where they are easily accessible to the employees and it is possible for all to see them. Some of the most common places where posters are displayed include lobby areas, bulletin boards and break rooms.

Language: Another important consideration that businesses have to keep in mind is that labor law posters should have information, not only in English, but also in languages that all the employees understand. State vs. federal requirements: Labor law posters of states are different from federal posters, as each state has different laws. Information about specific laws of the state is present on these posters and they have to be displayed along with posters of federal law. The U.S. Department of Labor offers an online advisor to small and new businesses and compliance assistance, about requirements related to workplace posters. The posters that are required to be displayed in every workplace include topics like discrimination or harassment, health and safety, insurance benefits for unemployed, minimum wage, along with other emergency information.

OSHA: Posters of OSHA or the Occupational Safety and Health Administration have information related to the safety and health of the employees.

Department of Labor: Posters issued by DOL have detailed content about minimum wage, family leave, disability rights and other such information about legal topics. Apart from the ones mentioned above there are other posters as well that a business might be required to display, according to its type and location.

Keeping current: Businesses are required to not only display the posters, but they should keep them updated as well. Posters that are required to be displayed in employee work areas should be updated from time to time, as the laws concerning safety and health requirements, labor laws and minimum wage are revised every once in a while. Thus it is essential for business owners to keep themselves updated about the latest changes and display the mentioned posters accordingly. To get the latest information about the labor laws and keep oneself updated, it is advised to check government and industry websites regularly. For state posters, you will need to check the requirements in each state where you have a worksite. For instance, New York and Pennsylvania have websites listing their poster requirements.

Not only can you be fined for not complying with poster requirements, but failing to have required posters could be used as evidence in a discrimination, minimum wage, or workpace safety case to prove violations were intentional. While poster requirements don’t seem like they’re a huge deal to employers, failing to comply can have huge consequences.

Author Bio:

As an employee herself, Ivy Liu pays primary attention to her employment rights and studies the employment laws whenever possible. Ivy Liu likes to share her findings and help those who are concerned about employment issues through writing articles on employment posters, minimum wage, workplace security and other topics. For more labor law information, please follow her on twitter: https://twitter.com/MandatoryPoster

Debate Questions for Mitt Romney on Employment Issues

This will continue the series a group of management-side and employee-side employment attorneys are doing on what questions we would ask the candidates in the debates. Since I handle employee-side issues, I bet you can predict some of what I would ask Mitt Romney, but here goes.

I'd start with this one.

Four years ago, you advocated letting Detroit go bankrupt rather than bailing out our auto industry during the depths of the recession. You addressed some specific solutions, including dumping existing management, saying, "The new management must work with labor leaders to see that the enmity between labor and management comes to an end. . . . Companies in the 21st century cannot perpetuate the destructive labor relations of the 20th. This will mean a new direction for the U.A.W., profit sharing or stock grants to all employees and a change in Big Three management culture. The need for collaboration will mean accepting sanity in salaries and perks. At American Motors, my dad cut his pay and that of his executive team, he bought stock in the company, and he went out to factories to talk to workers directly. Get rid of the planes, the executive dining rooms — all the symbols that breed resentment among the hundreds of thousands who will also be sacrificing to keep the companies afloat" Do you still believe that management needs to get rid of perks and be more reasonable and fair with labor?

 I'm pretty sure I know the answer, but I'd like to hear him backpedal. I might follow up with this one:

As Massachusetts governor, you worked with Senator Ted Kennedy to develop health care coverage for all employees. Yet you've opposed the strikingly similar provisions of Obamacare. How would you assure that all employees and their dependents get health care coverage?

 That should be fun. Then I'd ask:

During the primary campaign in New Hampshire, you said, “My view has been to allow the minimum wage to rise with the CPI or with another index so that it adjusts automatically over time.” Now you seem to have changed your mind, and say there's no need to raise minimum wage. Which is it? What would you do to bring minimum wage workers over the poverty level, which they are currently about $7000/year under?

I'd probably end with this one:

In 1994, you wrote a letter to the Log Cabin Republicans where you said, "I am more convinced than ever before that as we seek to establish full equality for America's gay and lesbian citizens, I will provide more effective leadership than my opponent. . . . If we are to achieve the goals we share, we must make equality for gays and lesbians a mainstream concern. My opponent cannot do this. I can and will." In 2011, you were asked: "How do you feel about gays serving openly in the military?" and you answered, "That’s already occurred and I’m not planning on reversing that at this stage." As President, are you going to reverse gay rights in the military? Would you support adding sexual orientation to the protected categories in Title VII?

There are lots of other questions I could ask, but I know the answers. The fact is, this election is of huge importance to employees. You can either vote against your own economic interests and can buy into what Fox is telling you, or you can vote with your wallet. For anyone making under a million a year, the choice is pretty clear. I hope the middle class will see it that way.

An Employment Lawyer's Debate Questions for President Obama

This is the first in a series that I am doing along with a group of employment attorneys around the country. Management and employee side attorneys will be providing their own debate questions for the Presidential and Vice Presidential candidates this week. The first candidate is President Barack Obama.

Here are some questions I’d ask the President at the debates if I had a chance:

The very first piece of legislation you signed into law was the Lilly Ledbetter Fair Pay Restoration Act, empowering women to recover wages lost to discrimination by extending the time period in which employees can file claims. You’ve also advocated for passage of the Paycheck Fairness Act, which would have required employers to demonstrate that any salary differences between men and women doing the same work are not gender-related. Plus, you convened a National Equal Pay Task Force to ensure that existing equal pay laws are fully enforced. Why do you feel so strongly about the need for pay equity in America and what do you think about the Republican party’s strong opposition to your efforts toward pay equity?

Then I’d probably ask:

Your opponent wrote an editorial saying we should let the automobile industry go bankrupt rather than bail them out during the worst part of the recession. Do you think the bailout was worth it, and are you glad you saved over a million jobs and supported an industry that has added hundreds of thousands of new jobs when most industries are cutting workers?

I’d follow up with:

You’ve said that you believe people who work full time should not live in poverty. Before the Democrats took back Congress, the minimum wage had not changed in 10 years. Although Congress did raise the minimum wage during your administration, the minimum wage’s real purchasing power is still below what it was in 1968, and full time minimum wage workers are mostly below the poverty line. You’ve said you want to further raise the minimum wage, index it to inflation and increase the Earned Income Tax Credit. Why do you think it’s important to make sure that full-time workers can earn a living wage that allows them to raise their families and pay for basic needs such as food, transportation, and housing?

Then I’d ask:

You repealed Don’t Ask Don’t Tell, which limited gay and lesbian Americans’ right to serve in the military and be honest about their sexual orientation. You’ve also instructed the Justice Department to stop enforcing the Defense of Marriage Act, and you are in favor of the Respect for Marriage Act, which would uphold the principle that the federal government should not deny gay and lesbian couples the same rights and legal protections as other couples. Why do you think it’s important to treat gays and lesbians with respect and to end discrimination against them, and what more will you do to ensure equality for all Americans?

I’d end with:

Most Americans probably think they’re entitled to some sick time off of work, yet three out of four low-wage workers have no paid sick leave. You’ve said you support efforts to guarantee workers seven days of paid sick leave per year. Why do you think it’s unfair that a single mom playing by the rules can get fired or lose wages because her child or she gets sick, and what do you plan to do to ensure paid sick leave for all American workers?

There are, of course, lots more questions I could ask. I think the choice between the candidates as far as workplace issues is crystal clear.


Here's another perspective, from Robin Shea, a management-side employment lawyer.

What You Don't Know About the Minimum Wage Will Hurt America

I bet you don't think about the minimum wage very much, unless you're one of the folks trying to live on it. There's a move afoot to raise the minimum wage, and you should support it. It's in everyone's best interest to make sure working Americans make a living wage.

Senator Tom Harkin has proposed the Rebuild America Act, which would, among other provisions, raise the minimum wage. It's about time we revisit the minimum wage. Here are some important facts you should know about the minimum wage:

Way below inflation: If the minimum wage had been raised to keep pace with inflation since it was $1.60/hour in 1966, it would now be $10.55.

Annual income: If you work full time on minimum wage, your annual income is $15,080. Go ahead. Try living on that for a year. Morgan Spurlock tried it for 30 days in his old TV show. If you never saw it, you missed an eye-opener.

Tipped employees: Tipped employees have a minimum wage of $2.13/hour. Tip well!

Affording an apartment: In no state in the U.S., even those with higher minimum wages, can a minimum wage worker afford a two-bedroom apartment at fair market value working only 40 hours/week.

Disproportionately women: 64% of minimum wage workers are women. Compare that to the percentage of women who are CEOs, at 4%. Something is wrong here.

Good for the economy: Minimum wage workers tend to spend their pay increases, mainly because they have to. Increases in the minimum wage are good for the economy.

Majority big corporations: Most minimum wage workers are working for big corporations, who have reported record profit increases. The old canard that it would put mom and pop shops out of business is malarkey. 

More college educated: More college-educated folks make minimum wage than those who never graduated high school. If you think minimum wage workers brought their troubles on themselves by dropping out, you are wrong.

Now that you have the facts, I hope you'll tell your Congressional representatives and Senators that you support raising the minimum wage to something Americans can actually live on.