Category Archives: Employment Contracts & Corporate Issues

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Top Takeaways from Our 2022 Annual Labor & Employment Law Seminar

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 you did not fill our surveys, … 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

It’s Hurricane Season Once Again!

Ver la versión en español aquí. Is it June already?  I wish that only meant that it is mango season in Florida, but unfortunately, it means the start of another hurricane season.  Last year, we were lucky enough to have Hurricane Specialist Bryan Norcross’s forecast for the 2021.  If you want to see whether Bryan … Continue Reading

U.S. Supreme Court Cracks Down on Late Arbitration Demands

Ver la versión en español aquí. Does your company have employees that sign agreements to arbitrate any disputes arising from their employment contracts? Then a recent U.S. Supreme Court case serves as a cautionary tale for companies looking to enforce these arbitration agreements.  The lesson is to demand arbitration as early as possible or else … Continue Reading

Can You Force Your Employees to Arbitrate Sexual Harassment Claims?

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

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

SURPRISE, SURPRISE, SURPRISE! OSHA’s Vaccinate or Test Rule is Back (at least for now).

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

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

Florida’s New Anti-Vaccine Mandate Law

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

Stuck In The Middle With You

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

OSHA’s COVID Vaccination Rules – What You Need To Know

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

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

Long COVID: How to Manage Its Lingering Effects In The Workplace

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

President Biden: Mandatory vaccines or weekly testing, or bust!

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

President Biden Encourages FTC to Address Restrictive Covenant Agreements

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

It’s Hurricane Season Once Again!

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

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

Vaccine Passports for the Workplace?

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

Florida Provides Sweeping Pandemic Liability Protection for Businesses

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

ADA Remote Work as a Reasonable Accommodation – It’s Time to Dust Off Those Interactive Process Hats!

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

What to Expect from the White House Gender Policy Council

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
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