While having well written policies and procedures for employees is very important, these policies and procedures cannot cover every situation. Employers need to retain some flexibility. Non-negotiable rules can violate employment laws and result in very expensive claims. How expensive?… Continue Reading
Ver la versión en español aquí If yes, they need to stop today. Why? Effective October 1, 2019, Florida drivers can use wireless communication devices (e.g., cell phones) only in a hands-free manner when driving in a designated school crossing, school zone, or work zone where construction personnel are present or operating equipment on the … Continue Reading
Ver la versión en español aquí With rapid automation there comes a tipping point for the need of humans in the workplace. Automation will become so pervasive that companies will need to cobble together remaining job duties into hybrid job positions to be performed by the remaining human employees. Is this the future? No, it’s … Continue Reading
With Hurricane Dorian expected to make landfall this weekend, Floridians are stocking up on water, batteries, gas, and canned food. It’s important to be prepared and plan ahead for your home and family. Please see our suggestions below on important action items to take to prepare for and recover after a storm.… Continue Reading
Ver la versión en español aquí Coastal Industries, a Jacksonville, Florida employer, thought it had an employee handbook that was compliant with the dictates of the National Labor Relations Board (NLRB). After a NLRB review of its handbook, however, it got a rude awakening. Remember, the NLRB can find workplace policies to be unfair labor … Continue Reading
Ver la versión en español aquí It is time to stock up on bottled water and fresh batteries and consider trimming those trees. It is also time for businesses to dust off and freshen up their emergency policies and procedures. Please see our suggestions below on what to review.… Continue Reading
Ver la versión en español aquí What do gourmet popcorn, a lunch buffet, and the Dating Game have in common? They were all a part of our Annual Labor & Employment Law Seminars in Tampa and Miami. For those of you who need a refresher or weren’t able to join us, we’ve included our top … Continue Reading
Ver la versión en español aquí Imagine this. You hire an HR manager to investigate and resolve internal employee complaints. You later learn that instead of doing her job, the HR manager is encouraging employees to file Charges of Discrimination and even referring employees to “her” lawyer. During this time period, the HR manager also … Continue Reading
Ver la versión en español aquí Effective September 21, 2018, employers who use outside agencies (consumer reporting agencies) to conduct employee background checks must use a new (and revised) “A Summary of your Rights Under the Fair Credit Reporting Act” form. This updated form is one of the many notices employers must provide under the Fair … Continue Reading
Ver la versión en español aquí In April 2019, New Zealand employers will be required to provide victims of domestic violence 10 days of paid leave. The purpose of the paid leave is to allow domestic violence victims to relocate, seek legal help, and address their trauma without fear of losing their income. In Florida, … Continue Reading
Ver la versión en español aquí In 2016, the Equal Employment Opportunity Commission (EEOC) implemented Phase I of its Digital Charge System for employers to interact with the EEOC thru a Respondent Portal, and to access and respond to a Charge of Discrimination. If a Charge of Discrimination has been filed against your company, the … Continue Reading
Ver la versión en español aquí After years of good fortune, the 2017 Hurricane Season severely impacted most of South Florida and the Gulf Coast. Even those of us who suffered little or no property damage probably lost power for at least a few days, and many had no electricity for weeks. Businesses had difficulty … Continue Reading
Ver la versión en español aquí Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you enjoyed the day and that our presentations provided timely, relevant and valuable insight. Congratulations to our blog contest winners! You will receive complimentary registrations to our 2019 Seminar. Monelle Petgrave, Amadeus … Continue Reading
Ver la versión en español aquí Did you know that 48.8% of the charges of discrimination filed with the EEOC in the 2017 fiscal year alleged retaliation as a result of employees asserting claims of employment discrimination? In a distant second place were allegations of race discrimination. In third place: disability discrimination. Employers should expect … Continue Reading
Ver la versión en español aquí The recent budget bill contains big changes for businesses with tipped employees. The new law provides that an employer (including its managers and supervisors) may not keep any portion of its employees’ tips even if the employer does not take a tip credit, which is a maximum of $3.02 … Continue Reading
Ver la versión en español aquí Please join us for our 28th Annual Labor & Employment Law Seminar Friday, April 27th from 8am-4pm at the JW Marriott Marquis Miami. Our annual seminar draws hundreds of human resource professionals, in-house counsel and senior executives from South Florida’s top businesses. And for good reason! No one does events quite … Continue Reading
Ver la versión en español aquí Last week, the Attorneys General (“AGs”) in each state and U.S. territory all announced their support for ending mandatory arbitration of sexual harassment claims. They wrote Congress that the “secrecy requirements of arbitration clauses” as applied to sexual harassment claims “disserve the public interest … [by creating] a culture … Continue Reading
Ver la versión en español aquí The recently passed tax act promises to have wide ranging impacts on businesses which go beyond the accounting department. There have been attempts by other agencies such as the SEC, EEOC, DOL and NLRB to limit the confidentiality of settlements. The new tax act follows suit by including a provision … Continue Reading
Ver la versión en español aquí Florida and federal law allow restaurants and hotels to pay tipped employees minimum wage, less a credit of $3.02 per hour against tips received. Tips can be pooled and then redistributed to those who are in traditionally tipped positions. However, if an employer wrongly allows non-tipped employees to share … Continue Reading
Ver la versión en español aquí As we all know, Hurricanes Harvey, Irma and Maria severely impacted parts of Texas, the southeastern United States and Puerto Rico causing billions of dollars of damage. To help victims recover, Congress, the IRS, and the Department of Labor have issued special retirement plan relief for employers and participants … Continue Reading
Ver la versión en español aquí Employers can breathe a sigh of relief: The EEOC’s initiative to collect summary pay and hours worked data in the new EEO-1 form has ended … for now, at least. Just last year, on September 26, 2016, the EEOC announced that the annual EEO-1 reporting process would change for … Continue Reading
Ver la versión en español aquí Wow, this has been one crazy roller coaster ride. Season 1 of this overtime soap opera kicked-off with President Obama directing the Secretary of Labor to “modernize and streamline” the “white collar” FLSA exemptions. In May 2016, the DOL published revised regulations that increased the exempt salary threshold from … Continue Reading
Ver la versión en español aquí As many of you by now, on September 18, 2017, employers must start using the new Form I-9 that USCIS released on July 17. You can identify the new Form I-9 by the designation “Form I-9 07/17/17 N” in the lower left corner of the page. You can find … Continue Reading
Ver la versión en español aquí This is an exciting time for the Firm, our Labor & Employment Law Department and our clients. We are pleased to welcome two new members to our group and to expand our footprint in Tampa. Janet Goldberg McEnery and Andrew W. McLaughlin each brings a wealth of knowledge and … Continue Reading
