Category Archives: Employment Law

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Spoiler Alert: Court Plunges Dagger In Heart Of Obama-Era Overtime Regs, Setting Stage For Season II Fireworks

Wow, this has been one crazy roller coaster ride. Season 1 of this overtime soap opera kicked-off with President Obama directing the Secretary of Labor to “modernize and streamline” the “white collar” FLSA exemptions. In May 2016, the DOL published revised regulations that increased the exempt salary threshold from $455 per week ($23,600 annually) to … Continue Reading

Our thoughts are with those affected by Hurricane Irma

Dear Clients and Friends, In the aftermath of Hurricane Irma, our thoughts are with you for a safe and speedy recovery. We are back in business, fully operational, and here to assist in any way we can. We look forward to connecting with you soon. Our regular blog postings will resume next week at BeLaborThePoint.com and CafeConLabor.com.  … Continue Reading

How Does Time Off Due To A Hurricane Affect Your Employees’ Pay?

It’s throwback Thursday … err Tuesday.  As those of us in Florida prepare for the potential landfall of Hurricane Irma this weekend, please check out my colleague Bob Turk’s interview with the Miami Herald about storm preparations for human resource professionals and my post from hurricane season last year on what happens to employees’ pay … Continue Reading

Our group is growing – Tampa here we come!

This is an exciting time for the Firm, our Labor & Employment Law Department and our clients. We are pleased to welcome two new members to our group and to expand our footprint in Tampa. Janet Goldberg McEnery and Andrew W. McLaughlin each brings a wealth of knowledge and experience and a unique perspective to … Continue Reading

Did A Florida Appellate Court Just “Dis” An Employment Agreement’s Arbitration Provision?

Is it prudent for employers to require employees to sign mandatory arbitration agreements? There is no right or wrong answer to that question . . . just a long list of pros and cons.  Proponents of mandatory arbitration often focus on factors such as confidentiality, the ability to remove the risk of a “runaway jury,” … Continue Reading

Massachusetts: Medical Marijuana May Be “Reasonable Accommodation”—Still No Guidance In Florida

On November 8, 2016, Florida voters approved the medical use of marijuana for individuals with certain debilitating medical conditions. The effective date was January 3, 2017.  However, to date, Florida has done nothing to address how employers are to treat employees who will be prescribed marijuana for their disabilities. One of the unanswered questions for Florida employers … Continue Reading

DOL Does A “Do Over” on Overtime Regs and White Collar Exemptions

On November 22, 2016, many of you breathed a (big) sigh of relief. Why? Because a Texas federal judge issued a nationwide temporary injunction precluding the U.S. Department of Labor’s (DOL) 2016 overtime regulations from going into effect on December 1, 2016. These regulations would have significantly increased the minimum salary amount for the executive, … Continue Reading

Cyberattack: All Eyes On HR

Ransomware attacks are on the rise. Tuesday, a massive ransomware attack hit global businesses around the world. Last month, the worldwide cyberattack WannaCry affected more than 300,000 computers in over 150 countries. These are just the latest in a string of cybersecurity incidents that have threatened not only the confidentiality of company information, but the … Continue Reading

Clean Up On Aisle 6: Federal Judge Rules That Winn-Dixie’s Website Violates The ADA

Is your organization a “public accommodation” under Title III of the Americans with Disabilities Act (ADA)?  Does your organization have a website?  If so, can that website be navigated with a keyboard (instead of a mouse) and with screen reader software?  Is the audio content on the website captioned? At this point I know you … Continue Reading

Six Month EAD Extension for Haitian Nationals who Re-register for TPS

Last week, the Department of Homeland Security (DHS) announced that it would extend temporary protected status (TPS) for Haitian nationals in the U.S. The extension is for only six months and there is a good possibility that DHS will decline to extend TPS status for Haitian nationals beyond January 22, 2018. Current beneficiaries of Haiti’s … Continue Reading

Another Attempt To Pass Private Sector Comp-Time Legislation

As the fate of the Department of Labor’s revised overtime regulations remains in limbo as a result of a nationwide injunction (currently on appeal) issued in November 2016, Congress now has chimed-in on wage and hour issues potentially impacting non-exempt employees.  This week, the House of Representatives passed The Working Families Flexibility Act (“the Bill”), … Continue Reading

Google’s Pay Policy: Good? Or Too Good to be True?

In January, the U.S. Department of Labor (“DOL”) brought suit in a San Francisco administrative court against Google, Inc. to require Google, as a federal contractor, to allow the government to inspect Google’s pay records.  While the DOL was demanding various documents regarding employees’ compensation history for compliance purposes, it was clear the underlying reason was the DOL’s suspicion that Google was committing … Continue Reading

Email Restrictions: Good Idea But Don’t Hold Your Breath America

Employers are always looking for ways to improve work-life balance for their employees. The objective, of course, is to reduce employee burnout and turnover, while increasing employee satisfaction, productivity and creativity. Some companies have gone the untraditional route, such as Daimler’s “Mail on Holiday program” which gives employees the option of automatically deleting all incoming … Continue Reading

Data Breaches May Cost Corporations Dearly

Yahoo! has taken several hits in the last six months for failing to protect its users’ electronic information. Its September, 2016 announcement of a massive 2014 data breach that exposed the email addresses and other personally identifiable information (“PII”) of approximately 500 million accountholders derailed its proposed merger with Verizon and sent Yahoo! stock prices … Continue Reading

REGISTRATION OPEN! 27th Annual Labor & Employment Law Seminar

I cannot believe another year has come and gone! We are quickly approaching our 27th Annual Labor & Employment Law Seminar. Join us Friday, May 19th from 8am-4pm at the JW Marriott Marquis Miami as we “Predict the Future” and discuss what awaits employers in 2017. Mark your calendars now because this year’s seminar is not to … Continue Reading

Theft of Confidential Information: Pfizer’s Wiser, Are You?

Did she really think she’d get away with misappropriating 600 files from her former employer by surreptitiously downloading them onto a USB drive?  That’s what a former global marketing executive for Pfizer recently did just before she resigned.  Oh, and she apparently also sent to her personal email account a few dozen emails containing Pfizer’s trade … Continue Reading
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