Category Archives: Employee & Management Counseling

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“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

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 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

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

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

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

Wake Up: What Every Florida Employer Needs to Know About the “Stop WOKE Act”

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

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

Registration for H-1B Lottery Opens March 1

Ver la versión en español aquí. Each fiscal year, which runs from October 1 to September 30, there are 65,000 H-1B visas available plus an additional 20,000 H-1B visas for individuals who hold an advanced degree from a U.S. university.  The H-1B visa is for aliens in “specialty occupations.” A specialty occupation is defined as an … Continue Reading

Sundays – A Day to Pray, Not For Pay

Ver la versión en español aquí. In the midst of the Great Resignation, you would think employers would put forth the extra effort to accommodate employees (and to comply with the law).  Yet, last week, the EEOC announced a settlement in a religious discrimination case in which the employer, an Amazon delivery partner, terminated an employee … 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

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

Pre-Season Predictions: Labor and Employment Under the Incoming Biden Administration

Ver la versión en español aquí The champagne was still flowing in the Alabama locker room on Monday night following their thumping of Ohio State in the College Football National Championship Game when sports media outlets began to publish their “Way Too Early” Top 25 polls for next season. It is a stark reminder that … 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

Coronavirus Disease 2019 (COVID-19): What Employers Need to Know

Statistics Updated October 27, 2020. On February 11, 2020, the World Health Organization (WHO) announced an official name for the disease that is causing the novel coronavirus outbreak, first identified in Wuhan China.  The name of this disease is coronavirus disease 2019, abbreviated COVID-19. On March 11, 2020, the WHO declared the COVID-19 outbreak as a … Continue Reading
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