Category Archives: Legislation & Regulations

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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

USCIS Extends TPS for Haitian Nationals Employment Authorization Documents Automatically Extended

Ver la versión en español aquí. The U.S. Citizenship and Immigration Services (USCIS) extended the Temporary Protected Status designation for Haiti for a period of eighteen (18) months, from August 4, 2024 to February 3, 2026. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries because the country has … Continue Reading

The Day the Universe Changed

Ver la versión en español aquí. Way back in the 1980s, the BBC and PBS broadcasted a documentary TV series with this title, devoted to explaining how critical scientific discoveries and advances in technology fundamentally changed the way we understand the world. A change to the universe of the American workplace happened today at the … 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

Prepping for Hurricane Season!

Ver la versión en español aquí. With apologies to T.S. Eliot, June is the cruelest month in Florida. It is time to start thinking about hurricanes again. Even if we are blessed with a storm-free six months, no doubt there will be a few near misses that will ramp us all up into prep mode. Here are some … Continue Reading

Two New Rules Could Have Profound Impact on U.S. Businesses

Ver la versión en español aquí. Assuming they survive certain legal challenges, new rules issued by the Federal Trade Commission (FTC) and the U.S. Department of Labor (DOL) could dramatically impact the relationship between employers and employees in the United States. The FTC has passed a rule banning non-compete agreements and prohibiting enforcement of non-compete agreements … 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

Independent Contractor or Employee? It’s Complicated

Ver la versión en español aquí. Worker classification just got as complicated as Ross and Rachel’s relationship status on ‘Friends’! Last month, the U.S. Department of Labor (DOL) issued a new rule on how to classify employees and independent contractors under the Fair Labor Standards Act (FLSA). Moving forward, the DOL will use a multifactor, … Continue Reading

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
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