Lisa Berg

Subscribe to all posts by Lisa Berg

Wake Up: What Every Florida Employer Needs to Know About the “Stop WOKE Act”

Ver la versión en español aquí. We also discussed this in our Labor & Employment client alert here. On March 10, 2022, the Florida legislature passed House Bill 7 (“HB 7”), the Stop the Wrongs to Our Kids and Employees (W.O.K.E.) Act, officially named “Individual Freedom,” but also known as the “Stop WOKE Act.”  The bill … Continue Reading

Can You Force Your Employees to Arbitrate Sexual Harassment Claims?

Simple answer – nope!   On February 10, 2022, inspired by the #MeToo movement, the U.S. Senate passed H.R. 4445, an amendment to the Federal Arbitration Act (“FAA”), also known as the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.”  I guess the acronym would be “EFASASHA,” but that looks kind of … Continue Reading

And the OSHA Vax or Test Rule is Off (Again)

Today, the U.S. Supreme Court put the brakes on OSHA’s mandatory vaccination and testing rules for private employers with at least 100 employees.  The Court ruled that OSHA exceeded its authority when issuing its Emergency Temporary Standard (ETS) requiring either mandatory vaccination or weekly testing and face masks. The Court noted that OSHA is charged … Continue Reading

OSHA’s COVID Vaccination Rules – What You Need To Know

Ver la versión en español aquí. We also discussed this in our Labor & Employment client alert here. After much anticipation, OSHA finally issued its rule for mandatory COVID-19 vaccination and testing for certain employers. It is referred to as an emergency temporary standard (“ETS”). While the ETS will be challenged in the courts, employers must still prepare now … Continue Reading

Have You Checked Your Posters Lately?

Ver la versión en español aquí Effective September 30, 2021, the Florida minimum wage jumped to $10 per hour.  This is a significant increase from the previous $8.65 per hour and greater than the Federal Minimum Wage of $7.25.   Florida employers, both public and private, must pay their employees the higher of the two.… Continue Reading

Long COVID: How to Manage Its Lingering Effects In The Workplace

Ver la versión en español aquí As millions of Americans continue to get vaccinated against COVID-19, it seems as if there is finally a light at the end of the tunnel.  For others who have contracted COVID-19, however, they are not as fortunate.  Some of these folks face a more harrowing journey because their symptoms … Continue Reading

Florida Provides Sweeping Pandemic Liability Protection for Businesses

Ver la versión en español aquí During this pandemic, Florida businesses are caught between a rock and hard place.  If they open too soon, they risk lawsuits from customers claiming they acquired COVID-19 at their business.  If they remain closed or operate at limited capacity, they face the possibility of going out of business.  Fortunately, … Continue Reading

Hot Off the Presses: DOL Issues Revised FMLA Forms

Ver la versión en español aquí We are in the midst of a global pandemic, with many employers struggling financially to survive.  Yet, surprisingly, the biggest news from the U.S. Department of Labor (DOL) is not new safety rules intended to protect employees from the novel coronavirus.  Instead, last Friday, the DOL published revised optional-use … Continue Reading

DOL Issues New FFCRA Poster and Further Guidance

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 … Continue Reading

Federal Paid Leave Law Signed by President Trump

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 … Continue Reading

Coronavirus Disease 2019 (COVID-19): What Employers Need to Know

Statistics Updated October 27, 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 … Continue Reading

Florida Employers: Do Your Employees Text and Drive?

Ver la versión en español aquí If yes, they need to stop today. Why? Effective October 1, 2019, Florida drivers can use wireless communication devices (e.g., cell phones) only in a hands-free manner when driving in a designated school crossing, school zone, or work zone where construction personnel are present or operating equipment on the … Continue Reading

Employers Need To Deny This Employee Request: “Please Don’t Tell Anyone, But My Supervisor . . .”

Ver la versión en español aquí HR folks – Have you ever had an employee tell you that he or she is being unlawfully harassed by a co-worker, but then begged you to keep the complaint confidential? Most often, employees ask their employers not to investigate their concerns because of embarrassment or fear of retribution.  … Continue Reading

Is Your Office Halloween Party Frightening The HR Department?

Halloween office parties can be very scary- HR folks need to be particularly wary. Provocative costumes are a big “no no”; Policy violators may receive the heave ho.   I guess my feeble attempt at poetry left some folks howling at the moon. Halloween is just two days away, which means we’re all one inappropriate … Continue Reading

Halloween is a Scary Time for Employers

Ver la versión en español aquí I have always been fascinated when the shy people that I know suddenly become exhibitionists when it comes to donning Halloween costumes. Whether it is a sexy French maid costume from Victoria’s Secret or Captain Underpants® (from the Dreamworks movie), adult costumes have become much edgier. Those costumes are … 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

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

My Top Ten Ways to Avoid Being Sued in 2016

I love this time of year. For some magical reason, everyone’s mood changes and smiles appear. Perhaps it’s their pending vacation or the chance to spend quality time with friends and family. So, in the spirit of the holidays, here is my gift to all our readers.   Drum rolls please . . .  TEN WAYS TO AVOID GETTING … Continue Reading

Supreme Court’s Same-Sex Marriage Ruling: Time to Update Your FMLA Policy (Again!)

Ver la versión en español aquí On June 26, 2015, the United States Supreme Court held in Obergefell v. Hodges, that the Fourteenth Amendment to the United States Constitution “requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex … Continue Reading
LexBlog