W.
Gary Yeldell, of Harper Gerlach, PL in Jacksonville,
has recently been appointed to the Board of Directors for
the non-profit organization Communities In Schools of Putnam
County, Inc., and looks forward to working with CIS to
help young people successfully learn, stay in school, and
prepare for life.
Gary
Yeldell Judges Idol Dreams
Harper
Gerlach attorney, Gary Yeldell, was recently asked
to use his background in music and judge the “Idol
Dreams” talent contest put on by Communities in Schools
of Putnam County. As an added bonus, one of the other
judges for the evening was Kevin Wright. Kevin sings
tenor in the world-renowned vocal group, Rockapella. Kevin
was kind enough to fit in the evening’s festivities
between Rockapella tour dates in Japan and Germany. Pictured
here are the four judges and the 10 finalist who performed
May 17, 2008, and then the judges with the top three winners.
Our law clerk Samantha Giudici graduated from the Florida Coastal School of Law on Saturday, May 17th at the University of North Florida Arena. She graduated in the top 15% of her class. Sam was joined by her co-workers, family and friends to celebrate. She plans to join our firm as an attorney. Sam was a participant on the award winning Florida Coastal Mock Trial Team. She is a graduate of Appalachian State University which she attended on a full scholarship for volleyball and graduated Suma Cum Laude. Sam is a native of North Carolina and is looking forward to making Jacksonville her home.
Recent
Developments in Wage and Hour Law for
Churches and other Religious Organizations
Over
the past decade, federal courts have seemed to reign in some
of the exemptions that Churches enjoy when it comes to federal
wage and hour laws (e.g., the Fair Labor Standards Act, “the
FLSA”). Specifically, many courts had ruled that
the Churches only enjoy the exemption from the FLSA if they
do not “engage in commerce.” Thus, while
a Church would not have to worry about the federal minimum
wage and overtime requirements found in the FLSA, a church
school or day care would likely not enjoy immunity from the
requirements of the FLSA. In fact, the language of
several of these cases seemed to leave open the possibility
that the Churches themselves could risk losing their exemption
if they engaged in interstate commerce by doing such otherwise
innocuous things as making out-of-state calls, ordering supplies
or training materials from out of state.
A recent case
from the 7th Circuit, Schleicher v. Salvation
Army, seems to push in the opposite direction. In
the Schleicher case, a married couple worked for
the Salvation Army as “administrators” of a rehabilitation
center that operated thrift shops. The shops employed
a total of 20-40 people, and each administrator was paid
a stipend of $150 per week. When the number of hours
worked were divided into the amount of the stipend, the result
was a wage far below the federal minimum wage.
The
couple filed suit under the FLSA. The Court ruled that the
work performed by the administrators in the thrift stores,
while normally within the realm—and coverage—of
the FLSA, was not the administrators’ primary duties. Rather,
the Court held that the administrators were primarily ministers
for the Salvation Army (a religious organization) and, thus,
were covered by the “ministerial exemption” in
the FLSA.
For more information
about this case or other areas involving the interaction
of Churches with federal and state employment laws, feel
free to contact Gary Yeldell at (904) 296-7000 or wgy@harpergerlach.com.
Gary
Yeldell Provides Supervisor Training to Putnam County Businesses
Gary
Yeldell, a Labor & Employment Attorney from the Harper
Gerlach Law Firm, has recently been brought in by a number
of businesses in the greater Palatka area to provide consultation
and training on various aspects of employment law. If
you are interested in having Gary conduct such training for
your business, please contact Gary or Rita Geer at (904)
296-7000.
The
Tampa office is relocating to 14115 Stilton St, Tampa Fl 33626,
(813) 433-9003. Ed and Donna chose the new office to be more
convenient for clients and accommodate the growth the firm
is experiencing. The Tampa office also gives us another home
for the firm's state-wide practice.
Please feel free to stop by and say hello to Ed and Donna
and check out the new office.
DAYTONA BEACH -- Manufacturers laughed nervously Tuesday
as they heard about one local company that got an audit notice
from the Office of Federal Contract Compliance Programs.
It was during the holidays, so the receptionist simply laid
the notice on top of the boss's desk with the rest of the
mail. There the notice sat until the boss returned weeks
later. It took some fancy footwork by the company's lawyer
to postpone the audit and, even then, the company only got
a week's extension.
G. Thomas Harper, a Jacksonville lawyer, is used to getting
companies out of such scrapes. He talked to members of the
Volusia Manufacturers Association on Tuesday about how to
comply with government requirements on affirmative action
plans and filing Equal Employment Opportunity reports."I've found many companies in this area don't know the requirements," he
said.
Our
Tom Harper has, once again, been named to the list of Best
Lawyers in America. He is one of but a handful
of Jacksonville lawyers practicing Labor and Employment Law
selected for the 14th edition of The Best Lawyers in America
Guilde. Tom was selected from over 2 million
attorneys who were evaluated for this edition. The announcement
was published in the April 2006 issues of Jacksonville Magazine. Congratulations
Tom!
FMLA Amendments Extend Leave To Families of Service Members
On January 28, 2008, President Bush signed into law the Defense Authorization Act of 2008. This bill takes affect immediately, and includes a provision amending the Family and Medical Leave Act (“FMLA”). The Amendments include, (1) providing up to six months of leave for family members caring for military veterans injured while on active duty in the U.S. armed forces and (2) providing twelve weeks of leave to family members of armed services personnel called up to active duty under certain circumstances.
The practical effects of the Amendments is to make eligible for leave a new category of employees who have a “qualifying exigency” arising out of the fact the employee’s spouse, child or parent is on active duty or has been called for active duty. The term “qualifying exigency” is to be determined by the Secretary of Labor. These employees are entitled to up to 12 weeks of leave because of any “qualifying exigency.” An employer may require that a request for such leave be supported by certification showing that the service member has been called to active duty. This provision is not effective until the Secretary of Labor issues final regulations defining “any qualifying exigency.” In the interim, employers are encouraged to provide this type of leave to qualifying employees.
The amendments also increase available leave time to care for injured service members to up to 26 weeks during a 12-month period. An injured service member’s spouse, child, parent, or “next of kin” (defined as the nearest blood relative) qualifies for the 26 weeks of leave. The leave to care for an injured service member applies broadly to service members who are undergoing medical treatment, recuperation, or therapy, are on outpatient status or otherwise are on the temporary disability retired list, for a serious injury or illness. This provision become effective immediately, and while waiting on guidance from the DOL, employers are required to act in good faith in complying with the provision.
Pursuant to these amendments, employers should modify their FMLA policies to provide employees notice of these new leave provisions. While the DOL should issue regulations clarifying the new amendments, employers are required to comply with the new provisions regardless of whether the DOL issues any regulations. Thus, employers should take action and review FMLA policies and determine what revisions will be necessary to comply with the new requirements.
Gregg
Gerlach Named Co-Chair of ABC’s New Human Resources
Council
The
First Coast Chapter of the Associated Builders & Contractors
has created it’s first HR Council. ABC’s
Board has asked Gregg Gerlach to co-chair and to assist in
building the Council as an educational and information sharing
HR organization covering HR issues common to the construction
trades. The HR Council is intended for both HR professionals
within ABC’s larger employer/members, as well as business
owners of smaller companies who handle their own HR functions.
Anyone interested in participating with the ABC HR Council should contact Gregg
at 2g@harpergerlach.com
New law requires large employers to provide leave for victims of domestic violence
Governor Charlie Crist signed a new law effective July 1, 2007, mandating that employers with 50 or more employees provide up to three days leave in a 12-month period if the worker has been employed for at least three months and has been victimized by domestic violence.
The new law allows employers to determine in large part how they will handle requests for domestic violence leave. They can determine if the leave will be paid or unpaid, how much advance notice is reasonable (unless the employee is in imminent danger), whether the employee must exhaust other leave prior to requesting domestic violence leave, and what type of substantiation will be required to receive the leave. In addition, the law mandates that such requests be
handled in a confidential manner to protect the privacy of the employee.
More information on this new law and how to address these issues in your employment policies will be included in the August issue of Florida Employment Law Letter.
To subscribe to the Florida Employment Law Letter or for more information on this monthly newsletter, visit http://www.hrhero.com/flemp.shtml
Gregg Gerlach has recently received Board Certification in Labor and Employment Law by the Florida Bar Board of Legal Specialization.
What is Board Certification in Labor and Employment Law?
Board certification is the highest level of recognition given by The Florida Bar for competency and experience for labor and employment law practitioners. Board certification recognizes Gregg’s special knowledge, skills and proficiency in labor and employment law, as well as in professionalism and ethics in practice. Certified attorneys are the only lawyers allowed to hold themselves out as specialists or experts. Board certification is intended to provide consumers with assurance in the selection of legal counsel.
Of the over 80,000 licensed attorneys in Florida, only about 4,200 are board certified.
What Did Gregg Have to Do To Become Board Certified?
To become Board certified, Gregg had to practice law for a minimum of five years, demonstrate substantial involvement in the field of labor and employment law, pass a rigorous examination covering the entire area of labor and employment, demonstrate satisfactory peer review assessments of his competence in labor and employment law, as well as his character, ethics and professionalism in the practice of law, and complete numerous hours of continuing legal education in labor and employment law.
Gregg Gerlach Also Becomes Certified in Florida Public Sector Labor Relations
Gregg also completed all the requirements for becoming certified in Florida Public Sector labor Relations by the Florida Public Employer Labor Relations Association
In a ceremony on May 6, 2007, Andrew Harper was awarded the rank of Eagle Scout. Eagle is the highest rank that a Boy Scout can attain. Nationally, out of 3.2 million scouts in the Untied States, only 3% achieve the rank of Eagle. Andrew received the award in a ceremony with 2 other Scouts, Taylor Eubanks and Christopher Memminger. All Scouts were with Troop 522, North Florida Council, Boy Scouts of America. Troop 522 is chartered by the Ortega Methodist Church in Jacksonville. Andrew's parents, Tom and Jamie Harper, are extremely proud of this accomplishment.
Ansley M. Harper 1st Runner Up in the Miss Ed White High School Pageant
Ansley is 17 and a junior at Ed White Senior High School on Jacksonville's westside. There were 16 contestants who were judged in Business Dress, scholarship, interviews, talent, evening gowns and questioning by a panel of 6 judges. Each contestant was asked to define what a "lady" is. Ansley's talent was expressive dance. If for any reason, the winner cannot serve, Ansley will step in as Miss Ed White.
1. Where Tom went in China & How he as invited to teach
Tom was one of five teachers on a "team" that presented a continuing education program at Honghe University in Mengzi, (pronounced Munzaî) China. The program was sponsored by the Edge English Institute, based in Charlotte, North Carolina. The team was the guest of the University and the local government in Mengzi which is in Yunnan Province. The program was presented to a group of 225 Chinese school teachers as a continuing education program for English as a second language. These Chinese teachers were high school and middle school English teachers from the Yunnan province in China.
The Yunnan province is located in south central China immediately above North Vietnam and Laos and just to the east and south of Tibet. The northwest corner of the province contains the eastern end of the Himalayan mountain range and the famous area of Shangri-La. The Dali area of Yunnan province is just to the south of Shangri-La and is known for its strikingly beautiful terraced agriculture on mountains in that area.
As in Florida, teachers are required to receive continuing education each year. The university scheduled and invited these teachers to stay at the University and take this English course. The team teachers paid for their own airfare and spending money and the University provided a motel room and a meal card. The cost per person to teach and go on the trip is approximately $2,000.00. Many of the students were graduates of Honghe University.
Mengzi is a beautiful city of approximately 350,000 persons surrounded by mountains. There is no western food and there were no American or western tourists in Mengzi. Mengzi is a city that has only been open to the west for about 5 years. This was Tom's second trip to China. In 2004, Tom and his family visited Hong Kong for 10 days. In Hong Kong the family took a one-day tour into China visiting the city of Guangzhou.
Honghe University has 7700 students. The campus is a mix of mostly modern new buildings and older facilities. We stayed in a brand new two story hotel that was built as red brick two-story homes with tile roofs. The rooms were top-quality with marble and mahogany everywhere. Mengzi has a moderate climate normally not above 85 degrees in the summer or below 50 degrees in the winter.
Tom found that this was wonderful way to see and experience China. The Chinese officials and University officials simply could not have been more hospitable or thankful for our service. The University took us on a sightseeing tour about 100 miles away visiting Sip Ping and the ancient city of Tian Jusay. The local Chinese were free to speak openly and candidly with us.
2. What Tom learned from his trip to China
How China's one-child policy has and is changing their culture.
How we in the United States are a society of excess. In China they waste nothing and do without the excesses we consume and take for granted.
I left with a greater appreciation for the freedoms that we take for granted.
I believe that the Chinese people have made tremendous advances in the last 5 years toward a more free and open society. I found that this was wonderful way to see and experience China. The Chinese people that we spent time with I felt were free to speak openly and candidly with us.
Tom has prepared a summary with more details on his trip and his China experience. If you want to learn more about the Edge English Institute or other programs available for teaching English in China, send Tom an e-mail or call him at 296-7000.
W.
Gary Yeldell, of Harper Gerlach, PL in Jacksonville,
has recently been appointed to the Board of Directors for
the non-profit organization Communities In Schools of Putnam
County, Inc., and looks forward to working with CIS to
help young people successfully learn, stay in school, and
prepare for life.
Our law clerk Samantha Giudici graduated from the Florida Coastal School of Law on Saturday, May 17th at the University of North Florida Arena. She graduated in the top 15% of her class. Sam was joined by her co-workers, family and friends to celebrate. She plans to join our firm as an attorney. Sam was a participant on the award winning Florida Coastal Mock Trial Team. She is a graduate of Appalachian State University which she attended on a full scholarship for volleyball and graduated Suma Cum Laude. Sam is a native of North Carolina and is looking forward to making Jacksonville her home.
Our
Tom Harper has, once again, been named to the list of Best
Lawyers in America. He is one of but a handful
of Jacksonville lawyers practicing Labor and Employment Law
selected for the 14th edition of The Best Lawyers in America
Guilde. Tom was selected from over 2 million
attorneys who were evaluated for this edition. The announcement
was published in the April 2006 issues of Jacksonville Magazine. Congratulations
Tom!
