Stearns Weaver Miller

Subscribe to all posts by Stearns Weaver Miller

Working on July 4th… Downtime or Overtime?

Ver la versión en español aquí. Reposting due to popular demand.  Nearly two and half years into the pandemic, people are itching to connect in group settings. The 4th of July is a major holiday where folks get to spend time with loved ones, travel and embrace their time off work. This holiday is always … Continue Reading

Working on the Holidays… Downtime or Overtime?

As mandates are lifted and more Americans are getting vaccinated, many people are beginning to feel comfortable in group settings, especially outdoors.  After more than a year of limited in-person celebrations, 4th of July is the first major holiday that may see more people gathering and wanting to embrace the time off work. This holiday … Continue Reading

ADA Remote Work as a Reasonable Accommodation – It’s Time to Dust Off Those Interactive Process Hats!

Ver la versión en español aquí Until recently, having a pre-existing medical condition bumped you to the front of the line for eligibility to receive a COVID-19 vaccine in Florida. But as of yesterday, April 5, all Floridians age 18 and older are now eligible to receive a vaccine. As a result, I suspect in … Continue Reading

Psst, Florida HR Pros: NY Paid Sick Leave Law Takes Effect September 30, 2020

Ver la versión en español aquí For those employers who also have New York employees, heads up: a new leave law will apply to you starting this Wednesday. New York has enacted a state-wide, permanent sick leave law, separate and apart from the state’s COVID-19 Quarantine Leave Law. In an unusual twist, this state law … 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

New Florida Minimum Wage on the 2020 Horizon

Ver la versión en español aquí Effective January 1, 2020, the Florida minimum wage rate will increase by 10 cents from the current $8.46 per hour, to $8.56 per hour. This 10 cent increase is less than half of the 21 cent increase the state saw from 2018 to 2019. Restaurant and hotel employers may … Continue Reading

Grooming Standards: No Longer So “Hair-Larious”

Ver la versión en español aquí After seeing several players’ hair covering their jersey numbers during a performance of the Star Spangled Banner, former New York Yankees’ owner, George Steinbrenner, instructed the players to cut their hair. It was then, in 1973, that the New York Yankees’ grooming policy was born.  The official team policy … Continue Reading

Performance Evaluations Are… Coming to Town?

Ver la versión en español aquí “He’s making a list and checking it twice. He’s going to find out who’s naughty or nice… performance evaluations are…” Coming to town? Indeed. The end of year is not only holiday season, but also the time of year when a number of employers complete performance evaluations of their employees. Just like … Continue Reading

Top Takeaways from Our Annual Tampa Labor & Employment Law Seminar

Ver la versión en español aquí Our first Annual Tampa Labor & Employment Law Seminar was a success, with more than 70 attendees! We anticipate growing the seminar in the coming years and will use your feedback to determine future topics and content. Thank you to all who attended. Congratulations to our blog contest winner! … Continue Reading

“You’re Too Experienced” – Age Discrimination?

Ver la versión en español aquí In January 2015, the Equal Employment Opportunity Commission (EEOC) filed a federal lawsuit in Miami, Florida, against Seasons 52, a national restaurant chain.  The EEOC alleged Seasons 52 discriminated against older job applicants at 35 of its restaurants nationwide. During the litigation, the EEOC presented testimony from over 135 … Continue Reading

Top Takeaways from Our 28th Annual Labor & Employment Law Seminar

Ver la versión en español aquí Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you enjoyed the day and that our presentations provided timely, relevant and valuable insight. Congratulations to our blog contest winners! You will receive complimentary registrations to our 2019 Seminar. Monelle Petgrave, Amadeus … Continue Reading

The Department of Labor’s Proposed PAID Program: An Invitation to Turn Yourself In or to Turn Yourself Inside Out?

Ver la versión en español aquí Last week, the U.S. Wage and Hour Division (“WHD”) announced that it will soon offer employers the chance to self-report to the WHD and potentially resolve minimum wage and overtime violations. This opportunity will be offered under the new WHD Payroll Audit Independent Determination (“PAID”) program. The employment law … Continue Reading

#MeToo Movement Motivating State AGs to Seek Changes in Federal Law

Ver la versión en español aquí Last week, the Attorneys General (“AGs”) in each state and U.S. territory all announced their support for ending mandatory arbitration of sexual harassment claims.  They wrote Congress that the “secrecy requirements of arbitration clauses” as applied to sexual harassment claims “disserve the public interest … [by creating] a culture … Continue Reading

Retirement Plan Hurricane Relief for Affected Participants

Ver la versión en español aquí As we all know, Hurricanes Harvey, Irma and Maria severely impacted parts of Texas, the southeastern United States and Puerto Rico causing billions of dollars of damage. To help victims recover, Congress, the IRS, and the Department of Labor have issued special retirement plan relief for employers and participants … Continue Reading

Florida’s Minimum Wage to Increase to $8.25 per hour –What About the Loonie, Eh?

Ver la versión en español aquí I originally hail from Toronto, Canada.  As an employment attorney now practicing in Florida, I enjoy comparing US employment laws with their Canadian counterparts.  So first, the news from Florida. On January 1, 2018, Florida’s minimum wage will increase from $8.10 per hour to $8.25 per hour. This adjustment … Continue Reading

A Return To The “Old” EEO-1 Form; EEOC Will Not Collect Pay Data in 2018

Ver la versión en español aquí Employers can breathe a sigh of relief: The EEOC’s initiative to collect summary pay and hours worked data in the new EEO-1 form has ended … for now, at least. Just last year, on September 26, 2016, the EEOC announced that the annual EEO-1 reporting process would change for … 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 our post from hurricane season last year on what happens to employees’ pay … Continue Reading

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

Ver la versión en español aquí 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 … Continue Reading

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

Ver la versión en español aquí 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? … Continue Reading
LexBlog