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Scott M. Behren

Scott Behren’s Legal Guides

20 total


  • Broward County Florida Passes New Wage Theft LawBe

    Finally, in Miami-Dade and Broward County, wage theft has been deemed to be illegal. Imagine that? Now when an employee does work for an employer, they actually have to be paid for it. In all seriousness though, there are Florida and Federal (FLSA) statutes that pertain to wage t...

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  • Your Employer Must Not Only Have Anti-Harassment Policy But Must Train and Enforce It

    Well some good news has come for employees recently in a legal decision from a Federal Court in Tennessee. Now it may not be enough for an employer to merely have an anti discrimination policy and invoke it against employees making claims against it. Now, employers probably h...

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  • What is the Americans with Disabilities Act (ADA)?

    While the American With Disabilities Act (ADA) has several components, the portion I am going to talk about right now is Title I which pertains to discrimination in employment practices where the employer has more than 15 employees. Many state and local anti-discrimination stat...

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  • Claims for Weight Discrimination?

    There has an increase in weight discrimination charges under the Americans with Disabilities Act (ADA) and I think potentially there could be claims for weight discrimination under GINA which pertains to genetic discrimination (take a look at my post several weeks ago on that l...

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  • Job Protection for Members of Military Under USERRA

    This posting will address some of the protections afforded to members of the military and veterans under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The Uniformed Services Employment and Reemployment Rights Act of 1994 is a federal law intended to en...

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  • May I be Discriminated Against Based upon My Genetics?

    A woman who tested positive for the breast cancer gene brought suit against her employer MXnergy for violation of the Genetic Information Nondiscrimination Act of 2008 (GINA) whichPresident George W. Bushsigned into law in May 2008. The law which took effect in November bars ...

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  • Is Alcohol or Drug Addiction Covered by the Americans with Disabilities Act (ADA)?

    In some instances, an employee may have a drug or alcohol addiction. The question is whether or not these drug and alcohol addictions are protected disabilities under the ADA. The answer is alcoholics are protected under the ADA and persons who have used illegal drugs are also ...

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  • Tipped Employees Under the Fair Labor Standards Act (FLSA)

    In many instances these days, employees are coming to my office with questions about tips, what hourly rate an employee who gets tips must be paid and whether an employer may retain all or any portion of its employee's tips. This posting is intended to address some of these iss...

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  • What is a Qui Tam?

    The U.S. Attorney's Office announced the settlement Tuesday and unsealed the lawsuit filed by former employees Robert Lalley, Courtney Davis and William Manos in 2006. The lawsuit alleged that biotechnology company Chiron Corp., which Switzerland-based Novartis acquired in 2006...

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  • Should I Be Getting Paid Overtime as a Salaried Employee?

    On many occasions, employees come to me who are working dozens of hours for their employers, but are not getting paid overtime. I ask them why and the response is , I'm salaried or I'm exempt. However, you should be aware that just because your employer calls you salaried or ex...

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