Tag Archives: DOL

Independent Contractor or Employee? It’s Complicated

Ver la versión en español aquí. Worker classification just got as complicated as Ross and Rachel’s relationship status on ‘Friends’! Last month, the U.S. Department of Labor (DOL) issued a new rule on how to classify employees and independent contractors under the Fair Labor Standards Act (FLSA). Moving forward, the DOL will use a multifactor, … Continue Reading

The Moment We’ve All Been Waiting For . . . .

Ver la versión en español aquí The Pregnant Workers Fairness Act (“PWFA”) goes into effect today!  For those of you who attended Stearns Weaver Miller’s Labor & Employment Law Breakfast Seminar on June 2, 2023, I discussed two new laws that were passed as part of the Consolidated Appropriations Act of 2023 signed by President … Continue Reading

Think Twice Before Paying Employee Wages in Bitcoin

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

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

President Biden: Mandatory vaccines or weekly testing, or bust!

You heard the following directive yesterday from President Biden: Private employers with 100 or more employees must ensure their workers are vaccinated against COVID-19 or require unvaccinated employees to produce a negative test result on at least a weekly basis before coming to work. Everyone should take a deep breath. Nothing is required at this … 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

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

Families First Coronavirus Response Act: We Hardly Knew Ye!

The Families First Coronavirus Response Act (“FFCRA”) became federal law on April 1, 2020. (For a detailed discussion on FFCRA coverage see our blog post dated March 20, 2020). The FFCRA was the first federal legislation mandating nationwide paid leave for employees. Unlike many other federal employment laws, the FFCRA contained a “use by” date … 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

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

Hot Off the Presses: DOL Issues Revised FMLA Forms

Ver la versión en español aquí We are in the midst of a global pandemic, with many employers struggling financially to survive.  Yet, surprisingly, the biggest news from the U.S. Department of Labor (DOL) is not new safety rules intended to protect employees from the novel coronavirus.  Instead, last Friday, the DOL published revised optional-use … 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

Federal Paid Leave Law Signed by President Trump

On Wednesday evening, March 18th, President Trump signed into law the Families First Coronavirus Response Act (the “Act”), which, among other things, mandates paid time off for certain qualifying events. There are two primary components in terms of paid time off: (1) the Emergency Family and Medical Leave Expansion Act (“E-FMLA”); and (2) the Emergency … 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

Two Turks are better than one!

Ver la versión en español aquí We are pleased to welcome attorney Stephanie Turk to our Labor & Employment Law group in Miami.  Yes, she is my daughter-in-law. Stephanie brings experience in both Employment Litigation and Employment Counseling. On the litigation side, Stephanie defends employers in a variety of employment matters including discrimination, retaliation, wage and hour, … Continue Reading

Top Takeaways from Our 28th Annual Labor & Employment Law Seminar

Ver la versión en español aquí Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you enjoyed the day and that our presentations provided timely, relevant and valuable insight. Congratulations to our blog contest winners! You will receive complimentary registrations to our 2019 Seminar. Monelle Petgrave, Amadeus … Continue Reading

New Tip Rules Impact All Employers Who Receive Tips

Ver la versión en español aquí The recent budget bill contains big changes for businesses with tipped employees. The new law provides that an employer (including its managers and supervisors) may not keep any portion of its employees’ tips even if the employer does not take a tip credit, which is a maximum of $3.02 … Continue Reading

The Department of Labor’s Proposed PAID Program: An Invitation to Turn Yourself In or to Turn Yourself Inside Out?

Ver la versión en español aquí Last week, the U.S. Wage and Hour Division (“WHD”) announced that it will soon offer employers the chance to self-report to the WHD and potentially resolve minimum wage and overtime violations. This opportunity will be offered under the new WHD Payroll Audit Independent Determination (“PAID”) program. The employment law … Continue Reading

Tax Reform: Confidential Sexual Harassment Settlements Come With a Price

Ver la versión en español aquí 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 … Continue Reading

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

Ver la versión en español aquí 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 … Continue Reading

Retirement Plan Hurricane Relief for Affected Participants

Ver la versión en español aquí 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 … Continue Reading
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