Category Archives: Legislation & Regulations

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Some Recent Developments in Employment Authorization: TPS Extension for Venezuela and Five-Year EADs

Ver la versión en español aquí The Department of Homeland Security recently announced that it will extend Temporary Protected Status (TPS) for Venezuela for eighteen months.  TPS for Venezuela is currently set to expire on March 10, 2024.  Based on an advanced copy of the Federal Register Notice, the re-designation will extend TPS for Venezuela … 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

Take the Off-the-Shelf Employment Agreements… Off the Shelf

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

Is It Already Hurricane Season?

Ver la versión en español aquí If the folks on the news are talking about el Niño, it must be hurricane season. Last year, Hurricane Ian reminded us how devastating a storm can be. However, even fewer menacing storms can disrupt our lives and businesses. With that in mind, we once again offer tips on how to … Continue Reading

E-Verify Coming to a Florida Workplace Near You?

Ver la versión en español aquí. Last week, the Florida Legislature passed SB 1718, which, among other things, requires private employers of twenty-five or more employees to start using E-Verify for any employee hired on or after July 1, 2023.  Governor DeSantis has not yet received SB 1718 from the Legislature.  He must sign or … Continue Reading

REGISTER NOW! Miami Labor & Employment Law Breakfast Series

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

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

Look to Your Left…It’s the New NLRB

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

Must an employee making more than $200k still be paid overtime? Definitely, maybe.

Ver la versión en español aquí. It is hard to imagine an employee earning over $200,000 per year and still being eligible for overtime pay. Yet, this is exactly what the U.S. Supreme Court held when it decided Helix Energy Solutions Group, Inc. v. Hewitt, last week. Michael Hewitt worked for Helix Energy (and a … 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

Bet You Didn’t Know What I Learned This Month!

Ver la versión en español aquí. You learn something new every day in the field of employment law. As we close out January 2023, here are five interesting things that I’ve learned this month in no particular order: 1) THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (“EEOC”) IS ON FIREOver the years, there have been a number … Continue Reading

Florida Court Rules Expectant Father Not Entitled to FMLA

Ver la versión en español aquí. Employers are regularly having to grapple with how and when to give their employees leave when their employees are expecting a child.  Unfortunately, the Family Medical Leave Act (FMLA) does not always provide the clearest answer as to when employers are obligated to provide employees with protected leave.  However, … 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

I-9 Update – Work Authorization of New Hires Applying to Renew Green Card

Ver la versión en español aquí. The United States Citizenship and Immigration Services recently announced that lawful permanent residents who file a Form I-90 to obtain a new permanent resident card, aka green card, will have their green cards extended automatically for twenty-four months while USCIS processes the Form I-90 application.  What does this mean? … Continue Reading

The NLRB Joint Employer Pendulum Swings Back Again…

Ver la versión en español aquí. If your company engages with contractors to perform services you may think are completely unrelated to your business at first glance…beware.  It will soon be more likely that the National Labor Relations Board (“NLRB”) will deem the s employees to be yours.  For years, political interests have created a … Continue Reading

Avoiding Unfair Labor Practices (ULPs)

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

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

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

USCIS Expands Automatic Extension of Select EADs from 180 to 540 Days

Ver la versión en español aquí. On May 4, U.S. Citizenship and Immigration Services will increase the automatic extension of work authorization from 180 to 540 days for certain applicants for an employment authorization document (EAD).  The existing requirements of the rule will remain the same.  To qualify for the now 540 day automatic extension … 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
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