Delva v. Continental Group, Inc.
Apr 17, 2014OUTCOME: Supreme Court reversed the decision from the 3d DCA
Discrimination based on pregnancy is prohibited under the Florida Civil Rights Act.
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OUTCOME: Supreme Court reversed the decision from the 3d DCA
Discrimination based on pregnancy is prohibited under the Florida Civil Rights Act.
OUTCOME: Fla. 4th DCA reversed the Trial Court's decision
The tip credit provision allows employers of tipped employees to pay them less than minimum wage. However, you must be able to show that your employees qualify as tipped employees, and that they are ma ... king at least minimum wage after tips are accounted for. An employer that takes the full tip credit must be able to show its employees actually received at least that amount in actual tips.
OUTCOME: 3d DCA affirmed denial of employer's MSJ
The 3d DCA found that: (1) an employer with knowledge of workers' compensation injuries, but who fails to properly report them, is prevented from claiming workers' compensation tort immunity, because ... the employee failed to file for benefits or because benefits were denied as time-barred; and (2) an employer cannot claim workers' compensation tort immunity when its carrier has denied coverage on the ground that the asserted injuries were not within the course and scope of employment.
OUTCOME: Fla. 4th DCA reversed the Trial Court's decision
Title VII and the Florida Civil Rights Act do not preempt tort claims. And Florida and federal pleading rules allow a plaintiff to assert alternative theories of recovery under the same facts. A plai ... ntiff can assert Title VII claims, FCRA claims, or tort claims – or a combination thereof.