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 employer require a new employee to … 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 Predictably, the pendulum of labor law will swing to the left over the next several years. The first sign was the recent passage of the Protecting the Right to Organize (“PRO”) Act by the U.S. House of Representatives. While this law has virtually no chance to pass the Senate … 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
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 Each year Florida legislators meet for just 60 days to propose and pass new laws. The Legislature is now in session through the end of April 2021. A number of employment-related bills have already been introduced – many are first proposed to lay the groundwork for possible passage years … 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
Ver la versión en español aquí On January 1, Section 448.095 of the Florida Statutes took effect. Much of the attention on the new statute has focused on the requirement that public employers and contractors and subcontractors enroll in and use the federal government’s E-Verify system. However, the statute also imposes an obligation on private … Continue Reading
The Families First Coronavirus Response Act (“FFCRA”) became federal law on April 1, 2020. (For a detailed discussion on FFCRA coverage see our blog post dated March 20, 2020). The FFCRA was the first federal legislation mandating nationwide paid leave for employees. Unlike many other federal employment laws, the FFCRA contained a “use by” date … Continue Reading
Ver la versión en español aquí Finally, there is a light at the end of this tunnel. COVID-19 vaccines have been approved for use and are currently being shipped nationwide. COVID-19 vaccinations are a polarizing topic. Well-regarded medical professionals report that the vaccines are between 94-95% effective, have minimal side effects (which do not include … Continue Reading
Ver la versión en español aquí On December 9, the Department of Homeland Security (DHS) again extended Temporary Protected Status (TPS) for beneficiaries from El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. DHS also extended the work authorization of qualifying individuals through October 4, 2021.… Continue Reading
Ver la versión en español aquí The first time I heard the term “sex addiction” was in 2010, when Tiger Woods announced to the public that he would be stepping away from the PGA Tour to attend rehab. The announcement shook the sports world and sparked a conversation about an addiction that seemed to only … Continue Reading
Ver la versión en español aquí Pre-COVID, employees could pop into the office supply closet for the ream of paper they needed to print that 50-page report, or the box of staples, pens and pack of tabs to refill their dwindling supply. Now, they may be buying office supplies as they work from home. In … Continue Reading
Ver la versión en español aquí I’m sure you’ve been reading enough about COVID or how a Biden administration might swing the workplace pendulum back towards employees and unions (I think it’s a good bet), so let’s focus on the Fair Labor Standards Act (FLSA) for now. Can you imagine a time when employees will … Continue Reading
As many of you know, I have a crystal ball on my desk. This past August, I was asked to predict Florida’s minimum wage increase starting in January 2021. The crystal ball revealed that Florida would experience either an 8¢ or 9¢ increase from its current $8.56 minimum wage. Late last month, Florida announced a … Continue Reading
Ver la versión en español aquí The U.S. Department of Labor (“DOL”) recently posted a proposed rule meant to help employers determine whether individuals performing services are employees or independent contractors for purposes of federal wage and hour laws. Misclassifying an employee as an independent contractor is risky and exposes an employer to potential expensive … Continue Reading
Ver la versión en español aquí With approximately 3.6 billon people expressing themselves using social media platforms such as Facebook, Twitter, LinkedIn, YouTube, Instagram, and most recently, TikTok, employers have to ask themselves some important questions regarding their employees’ usage of these applications. Should employers set boundaries as to what they will or will not … Continue Reading
Ver la versión en español aquí For those employers who also have New York employees, heads up: a new leave law will apply to you starting this Wednesday. New York has enacted a state-wide, permanent sick leave law, separate and apart from the state’s COVID-19 Quarantine Leave Law. In an unusual twist, this state law … Continue Reading
Ver la versión en español aquí The 2020 Legislative Session concluded in May and bills have been making their way to the Governor for signature. Although this has progressed more slowly than is ordinary due to the ongoing pandemic, several labor and employment-related bills have been signed into law nonetheless. Here are three particularly notable … Continue Reading
Ver la versión en español aquí The Black Lives Matter (“BLM”) movement has sparked significant emotion in the past few months. As the NBA restarts the season, TV viewers will see the phrase emblazoned on the courts and on some players’ jerseys. What you won’t see on TV are the large employers which have faced … Continue Reading
Ver la versión en español aquí This sentiment is perfect for a Kenny Chesney summer concert. Now it looks like the NLRB and the EEOC can “get along”, and at the same time make it easier for employers to appropriately discipline employees who engage in unacceptable behavior, even if that behavior occurs during otherwise “protected” … Continue Reading
Ver la versión en español aquí We are in the midst of a global pandemic, with many employers struggling financially to survive. Yet, surprisingly, the biggest news from the U.S. Department of Labor (DOL) is not new safety rules intended to protect employees from the novel coronavirus. Instead, last Friday, the DOL published revised optional-use … Continue Reading
