Category Archives: Wage & Hour/Employee Classification

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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

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

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

“5 Tips to Help Avoid Employment Lawsuits” Key Takeaways

Ver la versión en español aquí Last week, I had the pleasure of presenting at the Coral Gables Chamber of Commerce’s IMPACT Series: A Seminar Series for Small Business. The audience was comprised of business and human resources professionals across several sectors. For those of you who were not able to attend the presentation, I … 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

Pay for Travel Time? The Scenic Route to Work Won’t Cost You

Ver la versión en español aquí Employers often wonder when they should be paying hourly employees for their travel time and the answer may not always be straightforward. Broadly speaking, federal wage and hour laws require that employers compensate employees for the hours they spend traveling for work-related activities. But the law makes several distinctions … Continue Reading

Covering Summer Interns Under Your Employee Benefit Plans – You Can’t Just Forget About Them

Ver la versión en español aquí It is prime time of the year for hiring “interns.” They usually are high school, college or even graduate students looking for work experience. Certain interns may be unpaid (the analysis of whether interns must be paid is an important issue but beyond the scope of this blog post). … Continue Reading
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