Category Archives: Wage & Hour/Employee Classification

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Avoiding Unfair Labor Practices (ULPs)

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

REGISTER NOW! Annual Labor & Employment Law Seminars

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

Working on July 4th… Downtime or Overtime?

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

It’s Hurricane Season Once Again!

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

U.S. Supreme Court Cracks Down on Late Arbitration Demands

Ver la versión en español aquí. Does your company have employees that sign agreements to arbitrate any disputes arising from their employment contracts? Then a recent U.S. Supreme Court case serves as a cautionary tale for companies looking to enforce these arbitration agreements.  The lesson is to demand arbitration as early as possible or else … Continue Reading

Employers with less than 250 employees: You now have to report all new employees and independent contractors hired!

Ver la versión en español aquí Employers with more than 250 employees have always been required to report “new hires”.  Effective October 1, 2021, however, regardless of how many employees an employer has, all Florida employers need to report new hires, and in addition certain “independent contractors” to the Florida Department of Revenue within 20 … Continue Reading

Pssst – Tips Still a Headache

Ver la versión en español aquí The Fair Labor Standards Act (FLSA) allows an employer to pay a “tipped” employee less than the minimum wage, provided the tips the employee receives at least make up for the difference between what the employer pays and the statutory minimum wage.  The FLSA allows employer to take a … Continue Reading

Have You Checked Your Posters Lately?

Ver la versión en español aquí Effective September 30, 2021, the Florida minimum wage jumped to $10 per hour.  This is a significant increase from the previous $8.65 per hour and greater than the Federal Minimum Wage of $7.25.   Florida employers, both public and private, must pay their employees the higher of the two.… Continue Reading

It’s Hurricane Season Once Again!

With Hurricane Elsa heading towards Florida, people are beginning to stock up on water, batteries, gas, and canned food. While it important to be prepared and plan ahead for your home and family, as an HR professional, it is equally as important to make sure your business is safeguarded and appropriate procedures are in place. … Continue Reading

Working on the Holidays… Downtime or Overtime?

As mandates are lifted and more Americans are getting vaccinated, many people are beginning to feel comfortable in group settings, especially outdoors.  After more than a year of limited in-person celebrations, 4th of July is the first major holiday that may see more people gathering and wanting to embrace the time off work. This holiday … Continue Reading

All In A Day’s Work – Correctly Paying Employees Who Are Working From Home

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

State tax withholding and other obligations for remote workers. What you don’t know CAN hurt you. (PART 1)

Ver la versión en español aquí A year into the pandemic, many employees have fled their home states to work remotely out-of-state.  These employees have been working “remotely” in states in which their employers have no operations. So what’s the problem? State and local taxes and employment laws, of course. This blog is part one … Continue Reading

The 2021 Florida Legislative Session – The Graveyard for Employment-Related Proposals?

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

Pre-Season Predictions: Labor and Employment Under the Incoming Biden Administration

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

Is Sex Addiction Discrimination a Thing?

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

Nothing is Wrong with Remote Employees Buying Their Own Office Supplies – Right?

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

On the Road Again? – The USDOL Offers Some Guidance

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

Florida’s 2021 Minimum Wage: Will We Have One Or Two Increases?

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

Department of Labor Weighs in on Employees vs. Independent Contractors

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

COVID-19: A Turning Point For the Standard 9-5 Work Week?

Ver la versión en español aquí Where did the 8 hour, 5 day work week come from? Ford Motor Company in 1914, but it was a long time coming.  Before that, factories were open around-the-clock with employees working long days and 100 hour weeks. In the late 1880s, a labor movement started using a slogan … Continue Reading

5 Tips for Maximizing Productivity for Remote Employees

Ver la versión en español aquí The COVID-19 pandemic has forced the majority of businesses to at least offer, if not require, work-from-home options for employees. Employers are now facing many challenges that come with maintaining the same level of productivity when employees are working remotely. Below are a few guidelines to help ensure that … 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

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
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