Ver la versión en español aquí. Way back in the 1980s, the BBC and PBS broadcasted a documentary TV series with this title, devoted to explaining how critical scientific discoveries and advances in technology fundamentally changed the way we understand the world. A change to the universe of the American workplace happened today at the … Continue Reading
Ver la versión en español aquí. With apologies to T.S. Eliot, June is the cruelest month in Florida. It is time to start thinking about hurricanes again. Even if we are blessed with a storm-free six months, no doubt there will be a few near misses that will ramp us all up into prep mode. Here are some … Continue Reading
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
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
Ver la versión en español aquí If the folks on the news are talking about el Niño, it must be hurricane season. Last year, Hurricane Ian reminded us how devastating a storm can be. However, even fewer menacing storms can disrupt our lives and businesses. With that in mind, we once again offer tips on how to … Continue Reading
Ver la versión en español aquí. We published a shorter version on this topic in a previous blog post. You can also find this article published on Law360.com. In the last few months, there has been a rash of federal court lawsuits across the country in which nonexempt employees have alleged that their employers have … Continue Reading
Ver la versión en español aquí. It is hard to imagine an employee earning over $200,000 per year and still being eligible for overtime pay. Yet, this is exactly what the U.S. Supreme Court held when it decided Helix Energy Solutions Group, Inc. v. Hewitt, last week. Michael Hewitt worked for Helix Energy (and a … Continue Reading
Ver la versión en español aquí. In the last few months, a number of employers have reported being flabbergasted to discover non-exempt employees working very early mornings, late nights or weekends “off the clock” (after working 40 hours on-the-clock). Apparently, no one in management asked or knew that off-the-clock work had occurred. How does this … Continue Reading
Ver la versión en español aquí. You learn something new every day in the field of employment law. As we close out January 2023, here are five interesting things that I’ve learned this month in no particular order: 1) THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (“EEOC”) IS ON FIREOver the years, there have been a number … Continue Reading
Ver la versión en español aquí. Reposting due to popular demand. Nearly two and half years into the pandemic, people are itching to connect in group settings. The 4th of July is a major holiday where folks get to spend time with loved ones, travel and embrace their time off work. This holiday is always … Continue Reading
Ver la versión en español aquí. Is it June already? I wish that only meant that it is mango season in Florida, but unfortunately, it means the start of another hurricane season. Last year, we were lucky enough to have Hurricane Specialist Bryan Norcross’s forecast for the 2021. If you want to see whether Bryan … Continue Reading
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
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
Ver la versión en español aquí In our “Breaking Through the Noise” segment, my peers and I discussed our predictions for the future of the workforce (if you want to hear our thoughts, go to timestamp 1:57:54-2:16:49). One of the trends we discussed was the potential shift to more flexible schedules, including the 4-day workweek. … Continue Reading
With Hurricane Elsa heading towards Florida, people are beginning to stock up on water, batteries, gas, and canned food. While it important to be prepared and plan ahead for your home and family, as an HR professional, it is equally as important to make sure your business is safeguarded and appropriate procedures are in place. … Continue Reading
As mandates are lifted and more Americans are getting vaccinated, many people are beginning to feel comfortable in group settings, especially outdoors. After more than a year of limited in-person celebrations, 4th of July is the first major holiday that may see more people gathering and wanting to embrace the time off work. This holiday … Continue Reading
Ver la versión en español aquí Finally, there is a light at the end of this tunnel. COVID-19 vaccines have been approved for use and are currently being shipped nationwide. COVID-19 vaccinations are a polarizing topic. Well-regarded medical professionals report that the vaccines are between 94-95% effective, have minimal side effects (which do not include … Continue Reading
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
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
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
Dear Clients and Friends, These words just came out of my mouth, “I have extra toilet paper I can trade for some rice.” Yesterday, I wore gloves, a face mask and carried homemade alcohol wipes in order to go food shopping. How the world has changed in one month! So this will not come as … Continue Reading
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
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
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
