Category Archives: Legislation & Regulations

Subscribe to Legislation & Regulations RSS Feed

EEOC Wellness Plan Controversy: All’s Well That Ends Well?

Ver la versión en español aquí Earlier this month, the EEOC and Orion Energy Systems settled a case pending in a Wisconsin federal court in which the EEOC alleged that the company’s wellness plan violated the Americans with Disabilities Act (ADA). This case goes back to the spring of 2009 when an employee was forced … Continue Reading

REGISTRATION OPEN! 27th Annual Labor & Employment Law Seminar

I cannot believe another year has come and gone! We are quickly approaching our 27th Annual Labor & Employment Law Seminar. Join us Friday, May 19th from 8am-4pm at the JW Marriott Marquis Miami as we “Predict the Future” and discuss what awaits employers in 2017. Mark your calendars now because this year’s seminar is not to … Continue Reading

Ambushed by Public Records Act Trolls: The Risk of Exposure for Private Companies

Ver la versión en español aquí It’s Friday, nearly 5 o’clock and you’re getting ready to go home. A stranger appears at your office waiving a copy of the Florida Public Records Act, demanding to see your company’s records. You explain that “this is a private company and not subject to the Public Records Act”. … Continue Reading

Class Action Waivers: Will The Supreme Court Successfully Realign the Litigation Galaxy?

Ver la versión en español aquí Finally. The wait is almost over. The U.S. Supreme Court will decide whether an employer may enforce a mandatory arbitration agreement that contains a class action or collective action waiver. Last Friday, the Supreme Court agreed to hear 3 cases stemming from the NLRB’s 2012 decision in D.R. Horton, … Continue Reading

What’s in YOUR COBRA Notice? Insufficiencies Could Drain Your Wallet

Ver la versión en español aquí SunTrust Banks learned an expensive lesson about COBRA compliance recently. It was sued for failure to send proper COBRA election notices after employees terminated employment. SunTrust’s agent for COBRA notice purposes, Xerox HR Solutions, actually sent timely COBRA notices to the former employees.  But two former employees/plaintiffs claimed that … Continue Reading

Florida’s Medical Marijuana Constitutional Amendment Takes Effect Today

The Florida Medical Marijuana Legislative Initiative (also known as Amendment 2), passed with 71% of the popular vote on November 8, 2016.  Amendment 2 allows the medical use of marijuana for individuals with certain debilitating medical conditions as determined by a licensed Florida physician.  Because Amendment 2 is silent as to its effective date, under … Continue Reading

The EEOC Rings Out 2016 with End of the Year Stats

Ver la versión en español aquí We all love factoids-right? So if you are heading out to a New Year’s Eve Party this weekend and need a few icebreakers to get the conversation going, the U.S. Equal Employment Opportunity Commission (“EEOC”) has come to the rescue. The EEOC recently provided a brief review of its fiscal year … Continue Reading

New DOL Overtime Regulations on Hold – Now What????

Late yesterday, a Texas federal Judge issued a nationwide temporary injunction halting the Department of Labor’s (“DOL”) new overtime regulations, which were set to significantly increase the minimum salary required for the executive, administrative and professional overtime exemptions (known as the white collar exemptions). This unexpected ruling prevents the DOL from implementing the new regulations, … Continue Reading

A Penny for Your Thoughts . . . A Nickel for Your Minimum Wage

Ver la versión en español aquí Florida’s minimum wage is going up. Starting January 1, 2017, Florida’s current minimum wage of $8.05 will increase five cents to $8.10 per hour.  For a full-time Florida employee (working 2080 hours), the increase equates to $104 more in wages per year.  The five cent increase was based on … Continue Reading

Federal Court Gets Cat Scratch Fever

Ver la versión en español aquí  The “Cat’s Paw” doctrine describes the situation where an employer may be liable for employment decisions based on the discriminatory animus of an employee who influenced — but who did not make — an employment decision.  The phrase comes from an Aesop fable where a conniving monkey convinces a … Continue Reading

For Immediate Posting in Your Workplace: Updated Minimum Wage and Polygraph Posters

The U.S. Department of Labor (DOL) recently published two updated workplace posters: Federal Minimum Wage poster, and Employee Polygraph Protection Act (EPPA) poster. (Note: Federal, state or local governments are exempt from the EPPA so no poster is required for these employers) The posters have been visually redesigned and includes a QR Code, which when … Continue Reading

The Writ (and Wisdom) of Wage Garnishments

Your employee, Debbie Deadbeat, doesn’t pay her debts and gets slapped with a judgment. Before you know it, a process server comes to your office and serves you with a continuing writ of garnishment of Debbie’s salary and wages. First:  What is a Writ?  Second:  What should you do about it? A Writ is essentially … Continue Reading

Top Takeaways from Our 26th Annual Labor & Employment Law Seminar

Ver la versión en español aquí With over 400 attendees from more than 200 employers, our 26th Annual Labor & Employment Law Seminar was a huge success! Thank you for allowing us to keep you “on Track”. For the first time this year, following our morning sessions, attendees were able to choose from our “high-speed” track designed for … Continue Reading

New Overtime Rule Doubling Minimum Salary Requirement Effective December 1

Ver la versión en español aquí Well, finally. This morning, the U.S. Department of Labor (DOL) issued its final rule, about two years and two months after President Obama directed the Department to update, streamline and modernize overtime regulations under the Fair Labor Standards Act (FLSA). The Department estimates that the compensation of more than four … Continue Reading

Law Would Ban Florida Employers from “E-Stalking”

Ver la versión en español aquí Not long ago, we blogged about social media as a blessing and a curse for employers.  On the one hand, social media helps businesses market products and services; on the other, social media provides employees with an easily-accessible platform to draw negative attention to the business. To prevent (or minimize) … Continue Reading

My Top Ten Ways to Avoid Being Sued in 2016

I love this time of year. For some magical reason, everyone’s mood changes and smiles appear. Perhaps it’s their pending vacation or the chance to spend quality time with friends and family. So, in the spirit of the holidays, here is my gift to all our readers.   Drum rolls please . . .  TEN WAYS TO AVOID GETTING … Continue Reading

It’s Unbelievable! – Bill Introduced into Congress Would Turn Labor Relations on its Head

Ver la versión en español aquí There has been a consistent and steady decrease in unionization across the Country over the past forty years.  Although many can argue as to the reasons for that, it is clear that organized labor intends to alter that trend by changing the rules of the game.  The most recent … Continue Reading

Why Kentucky Clerk Kim Davis Wasn’t Fired

Ver la versión en español aquí For the past several weeks, the country has been enthralled by the controversy surrounding Rowan County, Kentucky Clerk Kim Davis, who spent five days in jail after she refused to comply with a federal court’s directive to issue marriage licenses to same-sex couples. Davis, an Apostolic Christian, says that … Continue Reading
LexBlog