Ver la versión en español aquí COVID-19 infections are on the rise, and this week, the CDC and the FDA approved a new booster, recommending that all eligible people get the new COVID vaccine (as well as a flu shot) this Fall. Are we heading back to mask mandates and quarantines? No. But with the … Continue Reading
Ver la versión en español aquí Prior to 2020, the National Labor Relations Board (NLRB) took a three-pronged approach to analyzing whether vulgar, threatening, or offensive speech by employees fell inside or outside of the protections of section 7 of the National Labor Relations Act (NLRA). As we discussed at our recent breakfast seminar, depending … Continue Reading
Ver la versión en español aquí This is your reminder — always have counsel review and revise every agreement before offering it to an employee. A number of new decisions and laws have made many standard employment agreements, restrictive covenant agreements, separation agreements, and settlement agreements completely unenforceable. Below are a few examples…… Continue Reading
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
Ver la versión en español aquí. For several years now, the National Labor Relations Board (“NLRB”) has been disavowing any pretension that it is an “intermediary” between labor and management. Instead, the new NLRB has firmly tipped the scales in favor of organized labor. This has clearly impacted all employers, as the NLRB has increasingly … Continue Reading
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
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
Ver la versión en español aquí. Last week I took my 9 year old son to purchase a Halloween costume (he of course chose to be Thor). While I was in the costume shop, I decided to look for a costume for myself because my firm was doing a costume contest at work. However, every … Continue Reading
Ver la versión en español aquí. Approaching Halloween, want to hear something Really Scary? Late last year, the U.S. Court of Appeals, Third Circuit (Philadelphia) in Clemens v. ExecuPharm, Inc. (3rd Circuit Dec. 14, 2021), made clear that employers can be held liable for failing to properly protect their employees’ personal data. Why is this … Continue Reading
Ver la versión en español aquí. In January 2021, I made several “way too early” pre-season predictions about then president-elect Joe Biden’s agenda regarding labor and employment. High on President Biden’s wish list was the Protect the Right to Organize Act (“PRO”), which would substantially strengthen labor law to the advantage of employees and unions. … Continue Reading
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
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
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
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
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
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
On Friday night, the Sixth Circuit Court of Appeals gave OSHA’s Emergency Temporary Standard (ETS) on COVID vaccination new life. As you may remember, OSHA issued an ETS requiring employers with 100 or more employees to adopt a vaccination policy that either made vaccination mandatory, or gave employees a choice between vaccination or weekly testing. … Continue Reading
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
Ver la versión en español aquí On November 18, 2021, Florida Governor Ron DeSantis signed HB 1B into law, which creates Fla. Stat. 381.00317 and imposes new limitations on private employers’ ability to mandate COVID-19 vaccinations in the workplace. The law is effective immediately, and now Florida employers must adapt. Here is what you need … Continue Reading
Ver la versión en español aquí Florida employers face conflicting federal/state legal obligations. It can be tough to keep up. On Thursday of last week, the federal Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) establishing mandatory vaccination requirements for employers with 100 or more employees. The regulation was published in … Continue Reading
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
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
You heard the following directive yesterday from President Biden: Private employers with 100 or more employees must ensure their workers are vaccinated against COVID-19 or require unvaccinated employees to produce a negative test result on at least a weekly basis before coming to work. Everyone should take a deep breath. Nothing is required at this … Continue Reading
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
