Ver la versión en español aquí. In lieu of our annual seminar, we will be hosting a two-part breakfast series in our Miami office. In Part 1, we will analyze rapid changes in employment law and provide suggestions on how to navigate the multiverse of employment problems now facing HR. Stay tuned for details on Part … Continue Reading
Ver la versión en español aquí. We published a shorter version on this topic in a previous blog post. You can also find this article published on Law360.com. In the last few months, there has been a rash of federal court lawsuits across the country in which nonexempt employees have alleged that their employers have … Continue Reading
Ver la versión en español aquí. If you attended our webinar “Fakes, Frauds and Factual Documents – Do You Really Know How to Fill Out an I-9 Form?” on March 21 or read my colleague, Marco Paredes’ Rotunda Report, then you may recall that the Florida Legislature is considering bills that would amend Section 448.095 … Continue Reading
Ver la versión en español aquí. For several years now, the National Labor Relations Board (“NLRB”) has been disavowing any pretension that it is an “intermediary” between labor and management. Instead, the new NLRB has firmly tipped the scales in favor of organized labor. This has clearly impacted all employers, as the NLRB has increasingly … Continue Reading
Ver la versión en español aquí. It is hard to imagine an employee earning over $200,000 per year and still being eligible for overtime pay. Yet, this is exactly what the U.S. Supreme Court held when it decided Helix Energy Solutions Group, Inc. v. Hewitt, last week. Michael Hewitt worked for Helix Energy (and a … Continue Reading
Ver la versión en español aquí. In the last few months, a number of employers have reported being flabbergasted to discover non-exempt employees working very early mornings, late nights or weekends “off the clock” (after working 40 hours on-the-clock). Apparently, no one in management asked or knew that off-the-clock work had occurred. How does this … Continue Reading
Ver la versión en español aquí. You learn something new every day in the field of employment law. As we close out January 2023, here are five interesting things that I’ve learned this month in no particular order: 1) THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (“EEOC”) IS ON FIREOver the years, there have been a number … Continue Reading
Ver la versión en español aquí. Employers are regularly having to grapple with how and when to give their employees leave when their employees are expecting a child. Unfortunately, the Family Medical Leave Act (FMLA) does not always provide the clearest answer as to when employers are obligated to provide employees with protected leave. However, … Continue Reading
Ver la versión en español aquí. Wow, it has been a whirlwind past few weeks! It was great to see so many of you at our Labor Seminars in Miami, Tampa and Tallahassee. We hope you were able to gain valuable insight into a wide range of topics of interest and importance to you. If … Continue Reading
Ver la versión en español aquí. The United States Citizenship and Immigration Services recently announced that lawful permanent residents who file a Form I-90 to obtain a new permanent resident card, aka green card, will have their green cards extended automatically for twenty-four months while USCIS processes the Form I-90 application. What does this mean? … Continue Reading
Ver la versión en español aquí. If your company engages with contractors to perform services you may think are completely unrelated to your business at first glance…beware. It will soon be more likely that the National Labor Relations Board (“NLRB”) will deem the s employees to be yours. For years, political interests have created a … Continue Reading
Ver la versión en español aquí. In January 2021, I made several “way too early” pre-season predictions about then president-elect Joe Biden’s agenda regarding labor and employment. High on President Biden’s wish list was the Protect the Right to Organize Act (“PRO”), which would substantially strengthen labor law to the advantage of employees and unions. … Continue Reading
Ver la versión en español aquí. After a two-year hiatus, we are thrilled to be back in person! This year’s theme is “When Really Bad Things Happen to Really Good Employers…” Our annual seminars draw hundreds of human resource professionals, in-house counsel and senior executives from Florida’s top businesses. And for good reason! No one … Continue Reading
Ver la versión en español aquí. Reposting due to popular demand. Nearly two and half years into the pandemic, people are itching to connect in group settings. The 4th of July is a major holiday where folks get to spend time with loved ones, travel and embrace their time off work. This holiday is always … Continue Reading
Ver la versión en español aquí. Is it June already? I wish that only meant that it is mango season in Florida, but unfortunately, it means the start of another hurricane season. Last year, we were lucky enough to have Hurricane Specialist Bryan Norcross’s forecast for the 2021. If you want to see whether Bryan … Continue Reading
Ver la versión en español aquí. On May 4, U.S. Citizenship and Immigration Services will increase the automatic extension of work authorization from 180 to 540 days for certain applicants for an employment authorization document (EAD). The existing requirements of the rule will remain the same. To qualify for the now 540 day automatic extension … Continue Reading
Ver la versión en español aquí. We also discussed this in our Labor & Employment client alert here. On March 10, 2022, the Florida legislature passed House Bill 7 (“HB 7”), the Stop the Wrongs to Our Kids and Employees (W.O.K.E.) Act, officially named “Individual Freedom,” but also known as the “Stop WOKE Act.” The bill … Continue Reading
Ver la versión en español aquí. I contribute an Employment Law advice column to The Human Resources Association of Broward County newsletter. A reader recently asked a question that I thought was important and I wanted to share. ASK JANET: If an organization does not allow telework for any of their employees, but an employee … Continue Reading
Ver la versión en español aquí. Each fiscal year, which runs from October 1 to September 30, there are 65,000 H-1B visas available plus an additional 20,000 H-1B visas for individuals who hold an advanced degree from a U.S. university. The H-1B visa is for aliens in “specialty occupations.” A specialty occupation is defined as an … Continue Reading
Ver la versión en español aquí. In the midst of the Great Resignation, you would think employers would put forth the extra effort to accommodate employees (and to comply with the law). Yet, last week, the EEOC announced a settlement in a religious discrimination case in which the employer, an Amazon delivery partner, terminated an employee … Continue Reading
Today, the U.S. Supreme Court put the brakes on OSHA’s mandatory vaccination and testing rules for private employers with at least 100 employees. The Court ruled that OSHA exceeded its authority when issuing its Emergency Temporary Standard (ETS) requiring either mandatory vaccination or weekly testing and face masks. The Court noted that OSHA is charged … Continue Reading
On Friday night, the Sixth Circuit Court of Appeals gave OSHA’s Emergency Temporary Standard (ETS) on COVID vaccination new life. As you may remember, OSHA issued an ETS requiring employers with 100 or more employees to adopt a vaccination policy that either made vaccination mandatory, or gave employees a choice between vaccination or weekly testing. … Continue Reading
Ver la versión en español aquí. The working world has turned increasingly digital over the past two years. The nature of our workplace — how we meet, communicate, and commute – has made a rapid shift from the physical to the virtual, precipitated by COVID-related lockdowns and social distancing efforts. But what about how we … Continue Reading
Ver la versión en español aquí On November 18, 2021, Florida Governor Ron DeSantis signed HB 1B into law, which creates Fla. Stat. 381.00317 and imposes new limitations on private employers’ ability to mandate COVID-19 vaccinations in the workplace. The law is effective immediately, and now Florida employers must adapt. Here is what you need … Continue Reading
