Preparing for a Hurricane Amid the Pandemic

While we are all busy thinking about ways to safeguard ourselves, our families, and our businesses during the coronavirus pandemic, let us not forget that hurricane season is just around the corner. It runs from June 1 through November 30. Unfortunately, NOAA has predicted a busy 2020 Atlantic hurricane season with a forecast of 13 to 19 named storms. There is no time like the present to get prepared.

A comprehensive hurricane plan to protect your business is always a good start. Your plan should be reviewed annually for needed changes and improvements. Prior to a storm you should consider your risks – can your business operate without computers, copiers, files, electric, water or internet? How will you make payroll? Will employees be able to get to work? Next, develop a plan to address the risks and to safeguard your employees, business and equipment. Remember to order storm equipment and supplies early, such as batteries, water, file boxes (waterproof?), plastic sheeting, extra garbage bags, and duct tape. Don’t forget to update current employee, client, customer and vendor contact information and to print copies in case you cannot access these electronically. You may be forced to use cell phones and personal email addresses to communicate during and after a storm. Designate an emergency response team and provide each team member with a list of employees for whom he or she is responsible for contacting after the storm has passed. Provide information on the company’s voicemail system and website so that employees can check the status of the business’s operations and receive updates.

COVID-19: A Turning Point For the Standard 9-5 Work Week?

By Glenn Rissman on May 27, 2020 Posted in Employee Benefits & Compensation, Employee Handbooks & Policies, Wage & Hour/Employee Classification

Where did the 8 hour, 5 day work week come from? Ford Motor Company in 1914, but it was a long time coming. Before that, factories were open around-the-clock with employees working long days and 100 hour weeks. In the late 1880s, a labor movement started using a slogan like “eight hours for work, eight hours for play and eight hours for rest”. After that, it took almost 20 years until Ford reduced employees’ regular work week to 5 days consisting of eight hour days. The company also doubled employee pay, causing shockwaves throughout the industry. By doing this, Ford saw employee productivity increase and profit margins double. The thinking was that if the company was going to make any money, employees needed time off to buy things. Seeing the success of Ford, other companies naturally implemented the eight hour day, which soon became the working standard. So there it is, the reason the 8 hour, 5 day work week exists in our country for over a century is nothing more than an old effective factory work schedule.

Where is the 8 hour, 5 day work week going? No one really knows, but times they are a changing and the days of factory workers fighting for shorter days and benefits are behind us.

Register Now for Our Back to Work Virtual Chat – June 1

By Robert Turk on May 21, 2020 Posted in Employee Benefits & Compensation, Employee Handbooks & Policies, Employment Contracts & Corporate Issues, Immigration, Legislation & Regulations

Trying to juggle work and home? Wish you had a crystal ball to see the future “new normal” workplace? Wouldn’t you welcome some guidance on return to work issues?

Problem solved – we know how to juggle and we have a crystal ball! We also can provide guidance on important workplace issues that HR and in-house counsel will be facing as businesses reopen and employees return to work.

Moderated by Bob Turk, we will discuss the following topics as they relate to COVID-19 and your business:

Return to Work Guidance (including testing, employee refusal to return to work, telework, workplace safety) – Lisa Berg, Ingrid Ponce, Andy Rodman
WARN Act and CARES Act Issues – Bob Turk
PPP Forgiveness, Tax Credits and Benefits – Sharon Quinn Dixon, Andy McLaughlin
Unemployment & Immigration – Glenn Rissman

If you have specific questions on these topics that you would like for us to try to address, please email us by Thursday, May 28.

BONUS: All attendees will receive Lisa Berg’s Guide to Return to Work along with other materials referenced in the chat.

The program is pending HRCI, SHRM, and The Florida Bar CLE credit confirmation. Once approved, credit information will be sent to all registrants.

Note: The program is only available to the first 500 registrants.

Even Stuck at Home, Humans are Still the Best Recruiters

By Paul Crucet on May 8, 2020 Posted in Discrimination & Harassment, Hiring/Termination

Ver la versión en español aquí

COVID-19 has thrown a wrench into every employer’s near-term plans. While many companies have temporarily shut down, and many others have put hiring on hold, some employers will have to kickstart their hiring efforts as the economy begins to reopen. Data shows that the stay-at-home economy created a surge in social media usership, so it will be no surprise when home bound recruiters try to use Facebook and other platforms to reignite their workforce. HR professionals who currently use, or plan to use social media advertising for online recruiting need to understand its potential legal pitfalls.

5 Tips for Maximizing Productivity for Remote Employees

By Janet McEnery on April 28, 2020 Posted in Employee & Management Counseling, Employee Benefits & Compensation, Employee Handbooks & Policies, Wage & Hour/Employee Classification

Ver la versión en español aquí

The COVID-19 pandemic has forced the majority of businesses to at least offer, if not require, work-from-home options for employees. Employers are now facing many challenges that come with maintaining the same level of productivity when employees are working remotely. Below are a few guidelines to help ensure that your employees are maximizing their time outside of the office and inside their home.

POSTPONED: Annual Labor & Employment Law Seminars

By Robert Turk on April 8, 2020 Posted in Disability & Leave, Discrimination & Harassment, Employee Benefits & Compensation, Employee Handbooks & Policies, Hiring/Termination, Labor Law, Legislation & Regulations

Dear Clients and Friends,

These words just came out of my mouth, “I have extra toilet paper I can trade for some rice.” Yesterday, I wore gloves, a face mask and carried homemade alcohol wipes in order to go food shopping. How the world has changed in one month!

So this will not come as a shock to you. We are postponing our Labor and Employment Seminars in both Tampa (May 8th at Tampa History Museum) and Miami (May 15th at Hard Rock Stadium). Not to worry, we will reschedule and let you know when. To make it easy for those who may have already paid, your registration will automatically be transferred to the new date when it is finalized. However, we understand that you may need to either substitute attendees or may need a refund altogether. If that is the case, please contact Kaylan Domond at kdomond@stearnsweaver.com.

In the meantime, please stay healthy and safe. Yes, we are on top of the new employment laws and regulations issued as a result of the pandemic. We are here to answer any questions you may have on the new laws and continue to assist clients on all other employment and labor matters. We look forward to seeing you again soon!

Robert S. Turk
Chair, Labor & Employment
Stearns Weaver Miller

DOL Provides More Guidance on the FFCRA

By Ingrid Ponce on March 30, 2020 Posted in Disability & Leave, Employee Benefits & Compensation, Employee Handbooks & Policies, Employment Contracts & Corporate Issues, Hiring/Termination, Legislation & Regulations, Wage & Hour/Employee Classification

The DOL has been working overtime attempting to clarify and answer questions on various aspects of the Families First Coronavirus Response Act (FFCRA). As we reported last week, the DOL issued its “Employee Rights” poster, along with initial guidance in the form of “Questions and Answers.” On Thursday night (March 26) and then again on Saturday evening (March 28), the DOL added answers to 45 more questions, attempting to clarify these laws that go into effect on April 1. Click here to access the updated “Questions and Answers.”

Here are the highlights of what we know:
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DOL Issues New FFCRA Poster and Further Guidance

By Ingrid Ponce, Andrew Rodman, Lisa Berg and Robert Turk on March 26, 2020 Posted in Disability & Leave, Employee Benefits & Compensation, Employee Handbooks & Policies, Employment Contracts & Corporate Issues, Hiring/Termination, Legislation & Regulations, Wage & Hour/Employee Classification

Yesterday, the Department of Labor (DOL) issued the much-anticipated “Employee Rights” poster or notice concerning the Paid Sick Leave and Expanded Family and Medical Leave components of the Families First Coronavirus Response Act (FFCRA). Click here to access the poster.

Along with the poster, the DOL provided some much needed guidance on various aspects of the laws that remained unclear. Click here to view DOL “Frequently Asked Questions.” Below are a few of the highlights from the “Frequently Asked Questions” issued by the DOL:

Federal Paid Leave Law Signed by President Trump

By Lisa Berg, Sharon Quinn Dixon, Andrew McLaughlin, Ingrid Ponce, Andrew Rodman, Robert Turk and Elitsa Yotkova on March 20, 2020 Posted in Disability & Leave, Employee Benefits & Compensation, Legislation & Regulations

On Wednesday evening, March 18th, President Trump signed into law the Families First Coronavirus Response Act (the “Act”), which, among other things, mandates paid time off for certain qualifying events. There are two primary components in terms of paid time off: (1) the Emergency Family and Medical Leave Expansion Act (“E-FMLA”); and (2) the Emergency Paid Sick Leave Act (“EPSLA”).

EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT

The E-FMLA amends the Family and Medical Leave Act of 1993 (“FMLA”) by adding “public health emergency leave” as a qualifying FMLA event.

Coverage. The E-FMLA applies to government employers of any size and private employers of fewer than 500 employees. The Secretary of Labor may issue regulations to exempt businesses with fewer than 50 employees if compliance would jeopardize the viability of the business.

Eligible employees are those who have been employed for at least 30 calendar days by the covered employer. Also, employers of employees who are health care providers or emergency responders may elect to exclude those employees from coverage under the E-FMLA.
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Coronavirus Disease 2019 (COVID-19): What Employers Need to Know

By Lisa Berg on February 26, 2020 Posted in Disability & Leave, Discrimination & Harassment, Employee & Management Counseling, Employee Handbooks & Policies, Legislation & Regulations

Statistics Updated May 29, 2020.

On February 11, 2020, the World Health Organization (WHO) announced an official name for the disease that is causing the novel coronavirus outbreak, first identified in Wuhan China. The name of this disease is coronavirus disease 2019, abbreviated COVID-19. On March 11, 2020, the WHO declared the COVID-19 outbreak as a pandemic.

The United States now has the most reported COVID-19 cases in the world. Today, there are more than 1,791,000 confirmed cases. Updates on these statistics are available on the WHO web page.

With so much information circulating on the Internet and from the news media, it can become a little overwhelming for employers. So, what do employers need to know? Below, I provide background information regarding COVID-19 and measures employers can take to protect their employees and satisfy their compliance obligations.