The Department of Homeland Security recently announced that it will extend Temporary Protected Status (TPS) for Venezuela for eighteen months. TPS for Venezuela is currently set to expire on March 10, 2024. Based on an advanced copy of the Federal Register Notice, the re-designation will extend TPS for Venezuela to April 2, 2025. The U.S. Citizenship And Immigration Services (USCIS) will also automatically extend the Employment Authorization Document (EAD) of Venezuelan nationals through March 10, 2025. To qualify for the automatic extension, the individual must currently hold an EAD with the notation A-12 or C-19 under “Category” and the EAD card must expire on March 10, 2024 or September 9, 2022. The employee must also re-register for TPS but the employer may not ask for proof that the employee re-registered for TPS or proof of the employee’s Venezuelan citizenship.
COVID-19 infections are on the rise, and this week, the CDC and the FDA approved a new booster, recommending that all eligible people get the new COVID vaccine (as well as a flu shot) this Fall. Are we heading back to mask mandates and quarantines? No. But with the recent uptick in infections, perhaps now is a good time to refresh your employees’ recollection on COVID-19 protocols as more employees are likely to become sick in the coming months – clearly COVID-19 is not going away. So here are some reminders summarized from the Department of Labor’s recent guidance for its employees.
Florida’s minimum wage is currently $11 per hour. This is just a friendly reminder that on September 30, 2023, Florida’s minimum wage increases to $12 per hour. The new overtime wage rate will increase in tandem to $18 per hour.
Prior to 2020, the National Labor Relations Board (NLRB) took a three-pronged approach to analyzing whether vulgar, threatening, or offensive speech by employees fell inside or outside of the protections of section 7 of the National Labor Relations Act (NLRA). As we discussed at our recent breakfast seminar, depending on the context in which the vulgar or offensive speech was made, the NLRB would apply a different standard to determine its protection – the three scenarios the NLRB was prepared to address were speech towards management in the course of negotiations, speech on social media and among employees, and speech on the picket line.
The Pregnant Workers Fairness Act (“PWFA”) goes into effect today! For those of you who attended Stearns Weaver Miller’s Labor & Employment Law Breakfast Seminar on June 2, 2023, I discussed two new laws that were passed as part of the Consolidated Appropriations Act of 2023 signed by President Biden on December 29, 2022 – the PWFA and the PUMP Act (which stands for Providing Urgent Maternal Protections for Nursing Mothers Act).
If you were not able to attend, here is the cliff-notes version:
This is your reminder — always have counsel review and revise every agreement before offering it to an employee. A number of new decisions and laws have made many standard employment agreements, restrictive covenant agreements, separation agreements, and settlement agreements completely unenforceable. Below are a few examples…
If the folks on the news are talking about el Niño, it must be hurricane season. Last year, Hurricane Ian reminded us how devastating a storm can be. However, even fewer menacing storms can disrupt our lives and businesses. With that in mind, we once again offer tips on how to prepare your business for the new hurricane season.
On Monday, we posted a blog on SB 1718, which requires private employers of twenty-five or more employees in Florida to use the E-Verify system for new hires, effective July 1, 2023. Governor DeSantis signed SB 1718 into law early on Wednesday. Although several groups have announced the intent to challenge the law, those legal challenges may not focus on the E-Verify portions of the law. We will continue to post on the issue.
Last week, the Florida Legislature passed SB 1718, which, among other things, requires private employers of twenty-five or more employees to start using E-Verify for any employee hired on or after July 1, 2023. Governor DeSantis has not yet received SB 1718 from the Legislature. He must sign or veto the bill within 15 days of transmittal, or it becomes law without being signed.
You may recall that I posted about SB 1718 on our blog on April 3, 2023. The SB 1718 bill that passed the Legislature is very different from the bill I wrote about last month. The earlier version of the bill imposed no E-Verify requirement.
The SB 1718 that the Legislature passed amends two existing Florida statutes governing unauthorized employment of foreign nationals. Florida Statutes Section 448.09 makes it unlawful for an employer to knowingly employ in the State of Florida an alien who is not authorized to work in the United States. The statute empowers the Department of Economic Opportunity (DEO) to place a violating employer on probation for a year and require quarterly reporting of the employer’s compliance. If an employer violates the statute twice in two years, the DEO can suspend or revoke all of the licenses of the violating employer.
In lieu of our annual seminar, we will be hosting a two-part breakfast series in our Miami office. In Part 1, we will analyze rapid changes in employment law and provide suggestions on how to navigate the multiverse of employment problems now facing HR. Stay tuned for details on Part 2 later in the year!
JUNE 2, 2023
9:30 a.m. – 10:00 a.m. | Registration & Breakfast
10:00 a.m. – 12:00 p.m. | Presentations
Stearns Weaver Miller Miami Office | 150 W Flagler Street, Suite 2200, Miami, FL 33130
Space is limited to the first 100 registrants. Pending HRCI Credits, SHRM Credits and The Florida Bar CLE Credits. This is a live presentation/no webcast will be available.