Stearns Weaver Miller

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REGISTER NOW! 2024 Tampa Labor & Employment Law Seminar

We are excited to host our Tampa Labor & Employment Law Seminar this year. Our annual seminars draw hundreds of human resource professionals, in-house counsel and senior executives from Florida’s top businesses. And for good reason! No one does events quite like we do – our seminars are not just lectures, they are learning experiences. … Continue Reading

Happy Holidays from Stearns Weaver Miller’s Labor & Employment Department!

Ver la versión en español aquí. Thank you for being a subscriber. Wishing you a joyous holiday season and happy, healthy year ahead. We hope that BeLabor the Point has brought you important information throughout the year and a few smiles along the way. Speaking of smiles, click on the image below to view our Labor & … Continue Reading

Navigating the Naughty and Nice of Holiday Office Parties

‘Tis the season to be jolly, but also the season to be vigilant. Although this time of year is great for fostering camaraderie, it can also present challenges for HR. The office holiday party, in particular, can be a potential minefield of HR issues. View our previous blog posts by Janet McEnery and Glenn Rissman … Continue Reading

Is It Already Hurricane Season?

Ver la versión en español aquí 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 … Continue Reading

REGISTER NOW! Miami Labor & Employment Law Breakfast Series

Ver la versión en español aquí. 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 … Continue Reading

The Overwhelmed Employee and the Clueless Employer–A Tale of the Hidden Costs of Off-the-Clock Work

Ver la versión en español aquí. In the last few months, a number of employers have reported being flabbergasted to discover non-exempt employees working very early mornings, late nights or weekends “off the clock” (after working 40 hours on-the-clock).  Apparently, no one in management asked or knew that off-the-clock work had occurred.  How does this … Continue Reading

WEBINAR: Leveraging your 401(k) Plan to Increase Employee Retention

Ver la versión en español aquí. Thursday, February 16th, 2023 | 12:00 PM – 1:00 PM A 401(k) can do more than help employees save for retirement. New laws, including SECURE 2.0 have created additional ways for plans to better serve the needs of employees. Please join Shareholders Sharon Quinn Dixon and Andy McLaughlin for this … Continue Reading

Happy Holidays, or Is It? Steering Clear of Religious Discrimination and Other Landmines During the Holidays!

It’s that time of year again and we are all excited to be able to attend our holidays in-person post-COVID. The holidays are wonderful, but can produce some dicey situations for your HR Department. A couple of holiday planning suggestions to help you navigate these holiday landmines include:… Continue Reading

Happy Holidays from Stearns Weaver Miller’s Labor & Employment Department!

Ver la versión en español aquí. Thank you for being a subscriber. Wishing you a joyous holiday season and happy, healthy year ahead. We hope that BeLabor the Point has brought you important information throughout the year and a few smiles along the way. Speaking of smiles, click on the image below to view our Labor & … Continue Reading

Florida Court Rules Expectant Father Not Entitled to FMLA

Ver la versión en español aquí. Employers are regularly having to grapple with how and when to give their employees leave when their employees are expecting a child.  Unfortunately, the Family Medical Leave Act (FMLA) does not always provide the clearest answer as to when employers are obligated to provide employees with protected leave.  However, … Continue Reading

Top Takeaways from Our 2022 Annual Labor & Employment Law Seminar

Ver la versión en español aquí. Wow, it has been a whirlwind past few weeks! It was great to see so many of you at our Labor Seminars in Miami, Tampa and Tallahassee. We hope you were able to gain valuable insight into a wide range of topics of interest and importance to you. If … Continue Reading

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

U.S. Supreme Court Cracks Down on Late Arbitration Demands

Ver la versión en español aquí. Does your company have employees that sign agreements to arbitrate any disputes arising from their employment contracts? Then a recent U.S. Supreme Court case serves as a cautionary tale for companies looking to enforce these arbitration agreements.  The lesson is to demand arbitration as early as possible or else … Continue Reading

Is telework a reasonable accommodation?

Ver la versión en español aquí. I contribute an Employment Law advice column to The Human Resources Association of Broward County newsletter.  A reader recently asked a question that I thought was important and I wanted to share. ASK JANET: If an organization does not allow telework for any of their employees, but an employee … Continue Reading

Employers with less than 250 employees: You now have to report all new employees and independent contractors hired!

Ver la versión en español aquí Employers with more than 250 employees have always been required to report “new hires”.  Effective October 1, 2021, however, regardless of how many employees an employer has, all Florida employers need to report new hires, and in addition certain “independent contractors” to the Florida Department of Revenue within 20 … 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

All I Want for the Holidays is a COVID-19 Vaccine!

Ver la versión en español aquí Finally, there is a light at the end of this tunnel.  COVID-19 vaccines have been approved for use and are currently being shipped nationwide. COVID-19 vaccinations are a polarizing topic.  Well-regarded medical professionals report that the vaccines are between 94-95% effective, have minimal side effects (which do not include … Continue Reading

Department of Labor Weighs in on Employees vs. Independent Contractors

Ver la versión en español aquí The U.S. Department of Labor (“DOL”) recently posted a proposed rule meant to help employers determine whether individuals performing services are employees or independent contractors for purposes of federal wage and hour laws.  Misclassifying an employee as an independent contractor is risky and exposes an employer to potential expensive … 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

Why Can’t We All Just Get Along?

Ver la versión en español aquí This sentiment is perfect for a Kenny Chesney summer concert.  Now it looks like the NLRB and the EEOC can “get along”, and at the same time make it easier for employers to appropriately discipline employees who engage in unacceptable behavior, even if that behavior occurs during otherwise “protected” … Continue Reading

5 Tips for Maximizing Productivity for Remote Employees

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 … 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
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