Category Archives: Employee Benefits & Compensation

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Change To Salary Test For Exempt Employees:  Everything We Know Is Now Wrong!

Ver la versión en español aquí. As we all know, earlier this year, the U.S. Department of Labor instituted a final rule revising the salary test for executive, administrative and professional employee exemptions from overtime. The rule took effect in two steps.  The first step took effect on July 1, 2024 when the salary threshold for … Continue Reading

“Now We Got Bad Blood”: When Discretionary Bonuses Don’t Meet Employee Expectations

Ver la versión en español aquí. Much like Taylor Swift’s Bad Blood, bonus plans can sour an employer-employee relationship when an employee’s expectations are undercut by the plan’s fine print. This was the case in Presidio, Inc. v. Feeny, a case decided in February 2024 by the Fourth District Court of Appeal of Florida, centering … Continue Reading

Top Takeaways: 2024 Miami Labor & Employment Law Update “Marching Back to the Future”

Ver la versión en español aquí. Thank you to all who attended our Labor and Employment Law Update as we shared our insights on a broad range of topics. It was a pleasure to see so many familiar faces, including friends and valued clients. We hope you found the seminar both educational and entertaining, as … Continue Reading

Courts Grapple with Actionable Harm After Muldrow

Ver la versión en español aquí. A prior BeLabor the Point posting discussed the US Supreme Court’s re-calibration of what is considered to be an actionable harm under federal anti-discrimination laws in the 2024 opinion in Muldrow v. City of St. Louis. As a follow up to that article, we conducted a survey of where … Continue Reading

REGISTER NOW! 2024 Miami Labor & Employment Law Update

Ver la versión en español aquí. We are excited to host our Miami Labor & Employment Law Update (half-day) in person this year. Find out more and register below. We are also planning our 2025 Miami Labor & Employment Law Seminar (full-day) for the spring – stay tuned for details! CLICK HERE TO REGISTER WEDNESDAY, … Continue Reading

The Day the Universe Changed

Ver la versión en español aquí. Way back in the 1980s, the BBC and PBS broadcasted a documentary TV series with this title, devoted to explaining how critical scientific discoveries and advances in technology fundamentally changed the way we understand the world. A change to the universe of the American workplace happened today at the … Continue Reading

The EEOC Final Rule on the Pregnant Workers Fairness Act Takes Effect

Ver la versión en español aquí. Starting today, June 18, 2024, the Equal Employment Opportunity Commission (EEOC) will enforce new regulations under the Pregnant Workers Fairness Act (PWFA). With this in mind, employers should familiarize themselves with the EEOC’s final rule and interpretive guidance to better understand their obligations under the PWFA and how the … Continue Reading

Two New Rules Could Have Profound Impact on U.S. Businesses

Ver la versión en español aquí. Assuming they survive certain legal challenges, new rules issued by the Federal Trade Commission (FTC) and the U.S. Department of Labor (DOL) could dramatically impact the relationship between employers and employees in the United States. The FTC has passed a rule banning non-compete agreements and prohibiting enforcement of non-compete agreements … Continue Reading

Employers Beware – Involuntary Job Transfers Can Support Discrimination Suits

Ver la versión en español aquí. A recent U.S. Supreme Court case examined the question of whether an involuntary job transfer can be discriminatory even if the employee’s pay and job title remain the same. The answer? Yes. Historically, most courts, including the Eleventh Circuit, required an employee to have suffered a “significant” employment disadvantage … Continue Reading

REGISTER NOW! 2024 Tampa Labor & Employment Law Seminar

Ver la versión en español aquí. 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 … Continue Reading

The Moment We’ve All Been Waiting For . . . .

Ver la versión en español aquí 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 … Continue Reading

How Managers Can Curb Invisible Off-The-Clock Work Claims

Ver la versión en español aquí. We published a shorter version on this topic in a previous blog post. You can also find this article published on Law360.com. In the last few months, there has been a rash of federal court lawsuits across the country in which nonexempt employees have alleged that their employers have … 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

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

DON’T IGNORE IRS ESRP NOTICES!

Ver la versión en español aquí. Employers continue to receive nastygrams from the IRS threatening “Employer Shared Responsibility Payments” (ESRP). These penalties are assessed against an employer that doesn’t offer compliant, affordable group health coverage to a sufficient percentage of its employees when an employee who isn’t offered compliant, affordable coverage obtains tax-subsidized health coverage … Continue Reading

REGISTER NOW! Annual Labor & Employment Law Seminars

Ver la versión en español aquí. After a two-year hiatus, we are thrilled to be back in person! This year’s theme is “When Really Bad Things Happen to Really Good Employers…” 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 … 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

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

Bottom of the Ninth

Ver la versión en español aquí. We are now in the fourth week of February, yet a familiar tradition has not taken place.  Major League baseball players have not yet reported to their respective camps for Spring Training.  Unable to reach a new collective bargaining agreement with the MLB Players Association last December, the MLB … Continue Reading

Think Twice Before Paying Employee Wages in Bitcoin

Ver la versión en español aquí. The working world has turned increasingly digital over the past two years. The nature of our workplace — how we meet, communicate, and commute – has made a rapid shift from the physical to the virtual, precipitated by COVID-related lockdowns and social distancing efforts. But what about how we … Continue Reading

Pssst – Tips Still a Headache

Ver la versión en español aquí The Fair Labor Standards Act (FLSA) allows an employer to pay a “tipped” employee less than the minimum wage, provided the tips the employee receives at least make up for the difference between what the employer pays and the statutory minimum wage.  The FLSA allows employer to take a … 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
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