Category Archives: Employee Benefits & Compensation

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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

The 4-Day Workweek May Not Be A Pipe Dream After All…

Ver la versión en español aquí In our “Breaking Through the Noise” segment, my peers and I discussed our predictions for the future of the workforce (if you want to hear our thoughts, go to timestamp 1:57:54-2:16:49).  One of the trends we discussed was the potential shift to more flexible schedules, including the 4-day workweek. … 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

Top Takeaways from “Breaking Through the Noise: Labor & Employment Issues Post-Pandemic”

Thank you to our clients and friends who have watched ”Breaking Through the Noise: Labor & Employment Issues Post-Pandemic” so far! We hope you enjoyed it and were provided with timely, relevant and valuable insight. If you have not tuned in yet, the program is available on demand to watch at your leisure. CLICK HERE TO WATCH! Below … Continue Reading

Ready to watch? Breaking Through The Noise AVAILABLE NOW!

IT’S SHOW TIME!   Breaking Through the Noise, our much anticipated 2.5 hour “TV News” program addressing employment issues that you will need to know about in a post-pandemic business environment, is available NOW. CLICK TO WATCH! Block off some time on your calendar now through Sunday, June 20th at 11:59pm ET to enjoy the program!  … Continue Reading

SAVE THE DATES – Breaking Through The Noise: Labor & Employment Issues Post-Pandemic

LIGHTS, CAMERA, ACTION!   We are excited to announce the air date for Breaking through the Noise, our much anticipated 2.5 hour “TV News” program addressing employment issues that you will need to know about in a post-pandemic business environment. The program will be available to view on our website at your leisure from Wednesday, June … Continue Reading

Coming Soon in June to a Screen Near You!

For the last 30 years, we have put on a live, all-day conference attended by hundreds of our clients and friends across Florida.  Unfortunately, due to COVID, the seminar was cancelled again this year.  As we know almost everyone is Zoom-ed and webinar-ed out, we thought we’d do something different this year – a two-hour … Continue Reading

All In A Day’s Work – Correctly Paying Employees Who Are Working From Home

Ver la versión en español aquí It’s hard to believe that I’ve been working from home for an entire year. I almost cannot believe what I’m writing! And I know I’m not alone. In the midst of the pandemic, so many of us are working from home. And not just working from home, but a … Continue Reading

State tax withholding and other obligations for remote workers. What you don’t know CAN hurt you. (PART 1)

Ver la versión en español aquí A year into the pandemic, many employees have fled their home states to work remotely out-of-state.  These employees have been working “remotely” in states in which their employers have no operations. So what’s the problem? State and local taxes and employment laws, of course. This blog is part one … Continue Reading
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