Category Archives: Legislation & Regulations

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DHS Extends Temporary Protected Status and Work Authorization

Ver la versión en español aquí As a result of court orders prohibiting the Department of Homeland Security (DHS) from terminating Temporary Protected Status, DHS is again extending the program for certain countries. TPS Country Current Expiration Date New Expiration Date El Salvador 01/02/2020 01/04/2021 Haiti 01/02/2020 01/04/2021 Nicaragua 01/02/2020 01/04/2021 Sudan 01/02/2020 01/04/2021 Honduras … Continue Reading

Some Tips on Tips

Ver la versión en español aquí On October 25, Elitsa posted on the increase in Florida’s minimum wage to $8.56 an hour, effective January 1.  Because of that increase, Florida employers who take a tip credit must pay tipped employees a direct wage of at least $5.54 per hour.  The U.S. Department of Labor has … Continue Reading

New Florida Minimum Wage on the 2020 Horizon

Ver la versión en español aquí Effective January 1, 2020, the Florida minimum wage rate will increase by 10 cents from the current $8.46 per hour, to $8.56 per hour. This 10 cent increase is less than half of the 21 cent increase the state saw from 2018 to 2019. Restaurant and hotel employers may … Continue Reading

Strict Enforcement of Non-Negotiable Employment Policies: A Few Horror Stories

Ver la versión en español aquí 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

Florida Employers: Do Your Employees Text and Drive?

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

Stay Safe and Prepared During Dorian.

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

NLRB Speak on Employee Handbook Provisions (Again). Private Sector Employers Take Note.

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

You Fire Your HR Manager for Encouraging Employees to Sue. No Problem, right? Think Again.

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

This Is Important: Employers Need To Immediately Update Their FCRA “Summary Of Rights” Form

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

Kiwis Will Have the Protection of Paid Domestic Violence Leave. What About Floridians?

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

Hurricane Season is Officially Here – Is Your Company Prepared?

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

Top Takeaways from Our 28th Annual Labor & Employment Law Seminar

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

Retaliation Claims: Shield, Sword, or Both?

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

New Tip Rules Impact All Employers Who Receive Tips

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

REGISTRATION OPEN! 28th Annual Labor & Employment Law Seminar

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

#MeToo Movement Motivating State AGs to Seek Changes in Federal Law

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

Tax Reform: Confidential Sexual Harassment Settlements Come With a Price

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

Restaurants and Hotels: Are We Reaching a “Tipping” Point on Tips?

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

Retirement Plan Hurricane Relief for Affected Participants

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

A Return To The “Old” EEO-1 Form; EEOC Will Not Collect Pay Data in 2018

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
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