Category Archives: Legislation & Regulations

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Register Now for Our Back to Work Virtual Chat – June 1

Trying to juggle work and home? Wish you had a crystal ball to see the future “new normal” workplace? Wouldn’t you welcome some guidance on return to work issues? Problem solved – we know how to juggle and we have a crystal ball! We also can provide guidance on important workplace issues that HR and … Continue Reading

POSTPONED: Annual Labor & Employment Law Seminars

Dear Clients and Friends, These words just came out of my mouth, “I have extra toilet paper I can trade for some rice.”  Yesterday, I wore gloves, a face mask and carried homemade alcohol wipes in order to go food shopping. How the world has changed in one month! So this will not come as … Continue Reading

DOL Provides More Guidance on the FFCRA

The DOL has been working overtime attempting to clarify and answer questions on various aspects of the Families First Coronavirus Response Act (FFCRA). As we reported last week, the DOL issued its “Employee Rights” poster, along with initial guidance in the form of “Questions and Answers.” On Thursday night (March 26) and then again on Saturday evening … Continue Reading

DOL Issues New FFCRA Poster and Further Guidance

Yesterday, the Department of Labor (DOL) issued the much-anticipated “Employee Rights” poster or notice concerning the Paid Sick Leave and Expanded Family and Medical Leave components of the Families First Coronavirus Response Act (FFCRA).  Click here to access the poster. Along with the poster, the DOL provided some much needed guidance on various aspects of … Continue Reading

Federal Paid Leave Law Signed by President Trump

On Wednesday evening, March 18th, President Trump signed into law the Families First Coronavirus Response Act (the “Act”), which, among other things, mandates paid time off for certain qualifying events. There are two primary components in terms of paid time off: (1) the Emergency Family and Medical Leave Expansion Act (“E-FMLA”); and (2) the Emergency … Continue Reading

Coronavirus Disease 2019 (COVID-19): What Employers Need to Know

Statistics Updated May 19, 2020. On February 11, 2020, the World Health Organization (WHO) announced an official name for the disease that is causing the novel coronavirus outbreak, first identified in Wuhan China.  The name of this disease is coronavirus disease 2019, abbreviated COVID-19. On March 11, 2020, the WHO declared the COVID-19 outbreak as a … Continue Reading

Employment Laws Percolating Through the Florida Legislature

Ver la versión en español aquí 2020 Session is upon us and there are some interesting labor and employment bills percolating through the Florida Legislature. Here are few particularly notable bills that caught our eye: Minimum Wage Minimum wage is a frequent flier in the Florida Legislature and 2020 is no exception. One pending bill … Continue Reading

DOL Tells Employers: No Need to Include Many Employee Perks When Calculating Overtime

Ver la versión en español aquí For the first time in 50 years, the U.S. Department of Labor (DOL) updated the “regular rate” of pay standard used for overtime calculations. Why does this matter? Under the Federal Fair Labor Standards Act (FLSA), a nonexempt hourly employee must be paid “time and one-half” of their “regular … Continue Reading

LGBTQ Rights in Employment: Does it Boil Down to the “Bathroom Use” Question Again?

Ver la versión en español aquí When the first transgender discrimination case reached the U.S. Supreme Court, Chief Justice Roberts asked, “What do we do about bathrooms?” Now, The Supreme Court has been asked the question: Does Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination at work, apply to discrimination … Continue Reading

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
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