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
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 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
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
Ver la versión en español aquí In “Breaking Through the Noise,” my colleagues discussed restrictive covenants, including non-compete agreements, as a hot trend in the employment litigation cycle (if you want to hear their thoughts, go to timestamp 44:55-1:00:35). This topic is so hot, the President even had something to say about it! With the … Continue Reading
With Hurricane Elsa heading towards Florida, people are beginning to stock up on water, batteries, gas, and canned food. While it important to be prepared and plan ahead for your home and family, as an HR professional, it is equally as important to make sure your business is safeguarded and appropriate procedures are in place. … Continue Reading
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
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
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
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
Ver la versión en español aquí Vaccine passports seem to be the hot button issue of the day. Most of the media coverage and remarks from politicians have focused on businesses requiring customers, guests or students having proof of vaccination before returning to school or entering the business establishment. But what about employers? Can an … Continue Reading
Ver la versión en español aquí During this pandemic, Florida businesses are caught between a rock and hard place. If they open too soon, they risk lawsuits from customers claiming they acquired COVID-19 at their business. If they remain closed or operate at limited capacity, they face the possibility of going out of business. Fortunately, … Continue Reading
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
Ver la versión en español aquí On March 8, President Biden issued an Executive Order (“EO”) On Establishment of the White House Gender Policy Council (the “Council”). The purpose of the Council is to promote gender equity and equality with the goal of advancing equal rights and opportunities regardless of one’s gender or gender identity. The … Continue Reading
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
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
Accompanying most U.S. Equal Employment Opportunity Commission (EEOC) charges of employment discrimination is an inquiry from the EEOC’s Alternative Dispute Resolution (ADR) unit regarding whether an employer would like an opportunity through mediation to resolve the charge with its former or current employee. If both the employer and employee agree, the EEOC ADR unit will … Continue Reading
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