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 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
Ver la versión en español aquí Florida employers face conflicting federal/state legal obligations. It can be tough to keep up. On Thursday of last week, the federal Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) establishing mandatory vaccination requirements for employers with 100 or more employees. The regulation was published in … Continue Reading
Ver la versión en español aquí. We also discussed this in our Labor & Employment client alert here. After much anticipation, OSHA finally issued its rule for mandatory COVID-19 vaccination and testing for certain employers. It is referred to as an emergency temporary standard (“ETS”). While the ETS will be challenged in the courts, employers must still prepare now … Continue Reading
Ver la versión en español aquí In “Breaking Through the Noise,” my colleagues discussed restrictive covenants, including non-compete agreements, as a hot trend in the employment litigation cycle (if you want to hear their thoughts, go to timestamp 44:55-1:00:35). This topic is so hot, the President even had something to say about it! With the … Continue Reading
Thank you to our clients and friends who have watched ”Breaking Through the Noise: Labor & Employment Issues Post-Pandemic” so far! We hope you enjoyed it and were provided with timely, relevant and valuable insight. If you have not tuned in yet, the program is available on demand to watch at your leisure. CLICK HERE TO WATCH! Below … Continue Reading
IT’S SHOW TIME! Breaking Through the Noise, our much anticipated 2.5 hour “TV News” program addressing employment issues that you will need to know about in a post-pandemic business environment, is available NOW. CLICK TO WATCH! Block off some time on your calendar now through Sunday, June 20th at 11:59pm ET to enjoy the program! … Continue Reading
LIGHTS, CAMERA, ACTION! We are excited to announce the air date for Breaking through the Noise, our much anticipated 2.5 hour “TV News” program addressing employment issues that you will need to know about in a post-pandemic business environment. The program will be available to view on our website at your leisure from Wednesday, June … Continue Reading
For the last 30 years, we have put on a live, all-day conference attended by hundreds of our clients and friends across Florida. Unfortunately, due to COVID, the seminar was cancelled again this year. As we know almost everyone is Zoom-ed and webinar-ed out, we thought we’d do something different this year – a two-hour … Continue Reading
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
Ver la versión en español aquí Businesses often ask customers to sign a waiver before renting a Sea-Doo, zip-lining, tubing, or perhaps even so your child can bounce on a trampoline or in a bounce house. But can a business use a waiver to avoid liability if a customer contracts COVID-19 after visiting the business? … Continue Reading
Ver la versión en español aquí This is an exciting time for the Firm, our Labor & Employment Law Department and our clients. We are pleased to welcome two new members to our group and to expand our footprint in Tampa. Janet Goldberg McEnery and Andrew W. McLaughlin each brings a wealth of knowledge and … Continue Reading
Ver la versión en español aquí Is it prudent for employers to require employees to sign mandatory arbitration agreements? There is no right or wrong answer to that question . . . just a long list of pros and cons. Proponents of mandatory arbitration often focus on factors such as confidentiality, the ability to remove … Continue Reading
Ver la versión en español aquí Not really. On October 25, 2016, the White House issued a call to action urging states to reform their non-compete laws. The call to action acknowledges that non-compete agreements are appropriate in certain circumstances, (for example, to protect trade secrets), but expressed the view that employers are, in many instances, … Continue Reading
Ver la versión en español aquí It’s time! An employee needs to go. The departure needs to be a clean break with no threat of future litigation. A severance pay agreement, in exchange for a promise to never bring a claim against the company or speak ill of the company, looks like a good idea. … Continue Reading
Ver la versión en español aquí In today’s legal world, a very small number of lawsuits are litigated through trial, with less than 2% ever materializing into trial. Although for many clients that is good news (since trial can become very expensive very quickly), other clients want their day in court. However, trial isn’t the … Continue Reading
Ver la versión en español aquí “I‘m in Competition with Myself and Losing.” – Roger Waters Agreements restricting employees’ ability to compete against their employers are commonplace in the American workplace. They serve as an effective means by which employers can protect their legitimate business interests in, among other things, their customer relationships, their trade … Continue Reading
Ver la versión en español aquí And people say Congress and the White House can’t agree on anything. Last week, by a vote of 410-2, the US House of Representatives passed the Defend Trade Secrets Act. The Act will become law. It has already been unanimously approved by the Senate and President Obama has indicated he will … Continue Reading
Ver la versión en español aquí As we become increasingly more mobile, telecommuting programs are among the fastest growing benefit for employees. While the term “work from home” may trigger visions of a 24-year-old with a laptop at a Starbucks, the typical telecommuter is actually a 49-year old college graduate. Having an endless supply of … Continue Reading
Ver la versión en español aquí Since 1872, the California Supreme Court has applied a bright-line mandate holding covenants not to compete invalid and unenforceable, unless the covenant is being sought as a means to protect goodwill in connection with the sale of a business. California’s Business and Professions Code permits an exception to the … Continue Reading
Ver la versión en español aquí Employers who agree not to poach each other’s workers may face substantial monetary exposure. This was the lesson learned the hard way by tech powerhouses Adobe, Apple, Google and Intel in a recent California antitrust class action suit. The Silicon Valley giants and other defendants were sued in a … Continue Reading
Ver la versión en español aquí May 1, 2014, was not a typical day in the office for us. We left our offices from across the state and headed to the Trump National Doral Hotel to join over 380 attendees at our 24th Annual Labor and Employment Law Seminar. Thanks to all the private and public … Continue Reading
I wish I had $5 for every time I hear an employer say, “Florida is a right-to-work state, so doesn’t that mean I can terminate an employee for any reason?” Well, sort of, but you have confused the concepts of “right to work” and “at will” employment. Meaning of “Right to Work State” When we … Continue Reading
The Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, recently ruled that DHL was not liable for overtime under the Fair Labor Standards Act (“FLSA”) for hours worked by independent drivers it had hired through a third-party contractor. In the case, Layton v. DHL Express (USA), Inc., DHL Express (USA) Inc. contracted with a separate … Continue Reading
