Tag Archives: Florida

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

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

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

Ambushed by Public Records Act Trolls: The Risk of Exposure for Private Companies

It’s Friday, nearly 5 o’clock and you’re getting ready to go home. A stranger appears at your office waiving a copy of the Florida Public Records Act, demanding to see your company’s records. You explain that “this is a private company and not subject to the Public Records Act”. You send him away. The following … Continue Reading

Florida’s Medical Marijuana Constitutional Amendment Takes Effect Today

The Florida Medical Marijuana Legislative Initiative (also known as Amendment 2), passed with 71% of the popular vote on November 8, 2016.  Amendment 2 allows the medical use of marijuana for individuals with certain debilitating medical conditions as determined by a licensed Florida physician.  Because Amendment 2 is silent as to its effective date, under … Continue Reading

Non-Compete Agreements Under Fire by the White House?

Not really. On October 25, 2016, the White House issued a call to action urging states to reform their non-compete laws.  The call to action acknowledges that non-compete agreements are appropriate in certain circumstances, (for example, to protect trade secrets), but expressed the view that employers are, in many instances, using non-compete agreements merely as a … Continue Reading

It’s Easy Being Green In Florida: Corporations For The “Socially-Minded”

Many employees enjoy working for employers who “do good” in the world. Making money is important, but not always the sole mission of the employer. A large number of companies and their employees are involved in charities and volunteerism. However, a rising number of employers are making a profit while also focusing on societal and environmental … Continue Reading

What Employers Need to Know about Zika

The Zika virus — a disease spread primarily through mosquito bites — continues to make international headlines. While the virus is not new, it is new to the Americas. According to the U.S. Centers for Disease Control (CDC), outbreaks have been reported in at least 51 countries or territories. Brazil has been the country most affected … Continue Reading

There is a New EEOC “Sheriff” in Town!

I recently attended a breakfast meeting with Michael Farrell, the new District Director for the Miami office of the U.S. Equal Employment Opportunity Commission. The Miami District Office has jurisdiction over the State of Florida (excluding a few counties in Florida’s Panhandle), as well as Puerto Rico and the U.S. Virgin Islands.  Federico Costales was … Continue Reading

Non-Compete Agreements Under Attack

“I‘m in Competition with Myself and Losing.” – Roger Waters Agreements restricting employees’ ability to compete against their employers are commonplace in the American workplace.  They serve as an effective means by which employers can protect their legitimate business interests in, among other things, their customer relationships, their trade secrets and intellectual property as well … Continue Reading

The Writ (and Wisdom) of Wage Garnishments

Your employee, Debbie Deadbeat, doesn’t pay her debts and gets slapped with a judgment. Before you know it, a process server comes to your office and serves you with a continuing writ of garnishment of Debbie’s salary and wages. First:  What is a Writ?  Second:  What should you do about it? A Writ is essentially … Continue Reading

NEW OVERTIME RULE DOUBLING MINIMUM SALARY REQUIREMENT EFFECTIVE DECEMBER 1

Well, finally. This morning, the U.S. Department of Labor (DOL) issued its final rule, about two years and two months after President Obama directed the Department to update, streamline and modernize overtime regulations under the Fair Labor Standards Act (FLSA). The Department estimates that the compensation of more than four million workers will be impacted by … Continue Reading

Law Would Ban Florida Employers From “E-Stalking”

Not long ago, we blogged about social media as a blessing and a curse for employers.  On the one hand, social media help businesses market products and services; on the other, social media provide employees with an easily-accessible platform to draw negative attention to the business. To prevent (or minimize) this negative attention, a small universe … Continue Reading
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