Ver la versión en español aquí Yahoo! has taken several hits in the last six months for failing to protect its users’ electronic information. Its September, 2016 announcement of a massive 2014 data breach that exposed the email addresses and other personally identifiable information (“PII”) of approximately 500 million accountholders derailed its proposed merger with … Continue Reading
Ver la versión en español aquí It’s Friday, nearly 5 o’clock and you’re getting ready to go home. A stranger appears at your office waiving a copy of the Florida Public Records Act, demanding to see your company’s records. You explain that “this is a private company and not subject to the Public Records Act”. … Continue Reading
The Florida Medical Marijuana Legislative Initiative (also known as Amendment 2), passed with 71% of the popular vote on November 8, 2016. Amendment 2 allows the medical use of marijuana for individuals with certain debilitating medical conditions as determined by a licensed Florida physician. Because Amendment 2 is silent as to its effective date, under … 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 Florida’s minimum wage is going up. Starting January 1, 2017, Florida’s current minimum wage of $8.05 will increase five cents to $8.10 per hour. For a full-time Florida employee (working 2080 hours), the increase equates to $104 more in wages per year. The five cent increase was based on … Continue Reading
Ver la versión en español aquí Many employees enjoy working for employers who “do good” in the world. Making money is important, but not always the sole mission of the employer. A large number of companies and their employees are involved in charities and volunteerism. However, a rising number of employers are making a profit … 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 recently attended a breakfast meeting with Michael Farrell, the new District Director for the Miami office of the U.S. Equal Employment Opportunity Commission. The Miami District Office has jurisdiction over the State of Florida (excluding a few counties in Florida’s Panhandle), as well as Puerto Rico and 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
Your employee, Debbie Deadbeat, doesn’t pay her debts and gets slapped with a judgment. Before you know it, a process server comes to your office and serves you with a continuing writ of garnishment of Debbie’s salary and wages. First: What is a Writ? Second: What should you do about it? A Writ is essentially … Continue Reading
Ver la versión en español aquí For years, employers have looked for ways to implement a one-size-fits-all paperless (all electronic) pay system for paying employees’ wages. While direct deposit is a good option, there are very few states that allow an employer to implement direct deposit if an employee does not agree. Florida is not … Continue Reading
Ver la versión en español aquí Transgender Status and the Bathroom Question With North Carolina recently passing a state law which requires a transgender person to use the restroom that matches their sex at birth, the question many Floridians are asking now is: If a person is transgender, or has a gender identity or expression different … Continue Reading
Ver la versión en español aquí Tired of hearing about the election yet? Well, the race has just begun and the dash for cash will only intensify as candidates sprint toward the August 30 primary election. As an HR professional, it is important that you be familiar with Florida’s campaign contribution guidelines to ensure that … Continue Reading
Ver la versión en español aquí Not long ago, we blogged about social media as a blessing and a curse for employers. On the one hand, social media helps businesses market products and services; on the other, social media provides employees with an easily-accessible platform to draw negative attention to the business. To prevent (or minimize) … Continue Reading
Ver la versión en español aquí The New Year has begun with a knock on your door: “We are from the NLRB, and we are here to help.” Do not continue to assume that you can pretend no one is home simply because your company is non-union. The Board continues to assert itself as an … Continue Reading
Ver la versión en español aquí Did you watch the Democratic presidential debate on October 13, 2015? If so, you heard the candidates make many promises, among them paid family leave. True, we already have the FMLA, but it only requires unpaid leave, it only applies to employers with 50 or more employees, and it … Continue Reading
The steady stream of cases filed by unpaid interns claiming to be owed minimum wage and overtime compensation under the Fair Labor Standards Act remains on the rise after highly publicized court decisions and settlements. However, courts continue to struggle with how to determine if and when an intern should be paid for work under … Continue Reading
Ver la versión en español aquí A few weeks ago, my son started school at a local synagogue. When I opened his backpack on Friday, I found a note from his teacher. It read, “In honor of Rosh Hashanah (the Jewish New Year), please send in a mitzvah note for your child (a good deed … Continue Reading
Ver la versión en español aquí According to Elizabeth Beck, a Florida attorney who deposed Donald Trump in 2011 in connection with a real estate project, Mr. Trump erupted when she requested a break in the deposition so she could pump breast milk: “He got up, his face got red, he shook his finger at … Continue Reading
Ver la versión en español aquí Legislative efforts have failed repeatedly at the federal level to add “sexual orientation” and “gender identity” to the list of protected classifications under anti-discrimination laws. That has not deterred the EEOC in its quest to protect the LGBT community from employment discrimination. On the heels of the Supreme Court’s … Continue Reading
Ver la versión en español aquí In the movie Horrible Bosses, three friends conspire to murder their bosses when they realize they are standing in the way of their happiness. While most employees would not take it to that extreme (hopefully!), conflicts between employees and their superiors occur. Recently, in Higgins-Williams v. Sutter Medical Foundation, … Continue Reading
Ver la versión en español aquí Two hours at the gym, a full face of make-up and your best feel-good outfit: that’s how many a girls’ night out begins. But this one ended abruptly when a young woman claims she was turned away from a bar whose owner thought she was pregnant. Last month, a … Continue Reading
Ver la versión en español aquí Clients sometimes ask, “Which employees should sign non-competition agreements?” The answer from a growing number of employers seems to be “Everyone” and from employees it seems to be “No One”. Recent news reports have commented on large retailers requiring that temporary or seasonal workers, stock room clerks and delivery … Continue Reading
Ver la versión en español aquí Yesterday, we posted about the current suspension of the H-2B temporary, unskilled worker program. After we posted, the Department of Homeland Security (DHS) announced that it will resume adjudications of H-2B petitions, but will continue to suspend premium processing on H-2B petitions until further notice. DHS will resume adjudicating … Continue Reading
