Morale Makes Money: How Starbucks Raised the Bar(ista)… Again

By Thomas Raine and Stearns Weaver Miller on January 31, 2018 Posted in Disability & Leave, Employee Benefits & Compensation

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Last week, the CEO of Starbucks, Kevin Johnson, announced the ‘Partner and Family Sick Time’ benefits for all of Starbucks’ U.S. employees. Starbucks is giving employees a number of additional perks, including increased wages, stock grants, six-week paid parental leave for non-birth giving parents and five days of paid sick leave per year. The $250 million stock and benefit package follows similar offerings by other American companies like Walmart, Apple Inc. and American Airlines Group Inc.. So, what is the upside? Continue Reading

Continued Work Authorization for Haitian Nationals in TPS

By Glenn Rissman on January 19, 2018 Posted in Immigration

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On November 20, 2017, the Department of Homeland Security (DHS) terminated the Temporary Protected Status (TPS) designation for Haiti, with a delayed effective date of July 22, 2019. It was not until January 18, however, that the DHS provided guidance to Haitian nationals and their employers about what would happen come January 22, 2018, when the previously issued Employment Authorization Documents (EADs) are set to expire.

Haitian nationals wishing to remain in the U.S. in TPS must re-register during the 60 day period from January 18 to March 19, 2018. Haitian nationals must file Form I-821 during this 60 day window. There is no filing fee, but Haitian nationals age 14 and older must pay the $85.00 biometric fee. Continue Reading

Does Sexual Harassment Training Work?

By Andrew Rodman on January 2, 2018 Posted in Discrimination & Harassment, Employee & Management Counseling

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The New York Times ran an article on December 11, 2017, titled, “Sexual Harassment Training Doesn’t Work. But Some Things Do.”

The article describes sexual harassment training as an exercise that consists of “clicking through a PowerPoint, checking a box that you read the employee handbook or attending a mandatory seminar at which someone lectures about harassment while attendees glance at their phones.” According to the article, the type of training to which we’re accustomed fails to achieve what should be the primary goal – preventing sexual harassment in the first place – because training is geared towards providing a defense to liability. Continue Reading

Tax Reform: Confidential Sexual Harassment Settlements Come With a Price

By Stearns Weaver Miller on December 21, 2017 Posted in Discrimination & Harassment, Labor Law, Legislation & Regulations

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The recently passed tax act promises to have wide ranging impacts on businesses which go beyond the accounting department. There have been attempts by other agencies such as the SEC, EEOC, DOL and NLRB to limit the confidentiality of settlements. The new tax act follows suit by including a provision which makes confidential payments or settlements including any related attorney’s fees for sexual harassment or sexual abuse nondeductible.

The specific language of the new act states: Continue Reading

Restaurants and Hotels: Are We Reaching a “Tipping” Point on Tips?

By Robert Turk on December 19, 2017 Posted in Legislation & Regulations, Wage & Hour/Employee Classification

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Florida and federal law allow restaurants and hotels to pay tipped employees minimum wage, less a credit of $3.02 per hour against tips received. Tips can be pooled and then redistributed to those who are in traditionally tipped positions. However, if an employer wrongly allows non-tipped employees to share in the tips (e.g., supervisors, maintenance, cooks, dishwashers, chefs and other back-of-the house employees), the employer loses the ability to take the $3.02 per hour tip credit. Continue Reading

Work Authorization for Honduran and Nicaraguan Nationals in TPS

By Glenn Rissman on December 18, 2017 Posted in Hiring/Termination, Immigration

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On Friday, the Department of Homeland Security (DHS) announced that Temporary Protected Status (TPS) for Honduran nations will be extended by six months, to July 5, 2018, while the administration decides whether to continue TPS designation for Honduras. The DHS also announced that it would not renew TPS designation for Nicaragua and that TPS status for Nicaraguans would expire on January 5, 2019. Currently, nationals of Honduras and Nicaragua in TPS have work authorization to January 5, 2018, but with the announcements, both groups receive automatic extensions of their Employment Authorization Documents (EAD). Continue Reading

Happy Holidays from Stearns Weaver Miller’s Labor & Employment Department

By Stearns Weaver Miller on December 18, 2017 Posted in Labor Law

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Thank you for being a subscriber. We hope that BeLabor the Point has brought you important information throughout the year and a few smiles along the way. Speaking of smiles, check out our department holiday card!

Wishing you a joyous holiday season and happy, healthy year ahead.

Happy Holidays, or Is It? Steering Clear of Religious Discrimination and Other Landmines During the Holidays!

By Stearns Weaver Miller on December 6, 2017 Posted in Discrimination & Harassment, Employee Handbooks & Policies

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It’s that time of year again. The holidays are wonderful, but can produce some dicey situations for your HR Department.

The holidays mean a lot of things to different people: whether it’s playing dreidel, decorating a Christmas tree, or doing nothing at all. Employers need to be mindful of the variety of different beliefs held by their employees. A couple of holiday planning suggestions to help you navigate these holiday landmines include: Continue Reading

Retirement Plan Hurricane Relief for Affected Participants

By Sharon Quinn Dixon and Stearns Weaver Miller on November 20, 2017 Posted in Employee & Management Counseling, Employee Benefits & Compensation, Legislation & Regulations

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As we all know, Hurricanes Harvey, Irma and Maria severely impacted parts of Texas, the southeastern United States and Puerto Rico causing billions of dollars of damage. To help victims recover, Congress, the IRS, and the Department of Labor have issued special retirement plan relief for employers and participants located in those areas. Employers sponsoring retirement plans (401(k), 403(b), governmental 457(b) and similar plans) may want to make use of these relief provisions which offer

Extensions of deadlines for filings and deposits by affected employers and
Temporary relaxation of taxation, distribution and loan rules allowing easier access to retirement accounts for affected participants

This update gives a brief overview of the retirement plan relief currently available. Continue Reading

Florida’s Minimum Wage to Increase to $8.25 per hour –What About the Loonie, Eh?

By Stearns Weaver Miller on November 15, 2017 Posted in Wage & Hour/Employee Classification

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I originally hail from Toronto, Canada. As an employment attorney now practicing in Florida, I enjoy comparing US employment laws with their Canadian counterparts. So first, the news from Florida.

On January 1, 2018, Florida’s minimum wage will increase from $8.10 per hour to $8.25 per hour. This adjustment is based on the federal Consumer Price Index for Urban Wage Earners and Clerical Workers in the South Region. For a full-time Florida employee earning the minimum wage, the increase results in $6 more per week, or $312 a year, before taxes and deductions. This increase is more substantial than last year’s increase of $104 before taxes and deductions. Continue Reading