Tag Archives: independent contractors

REGISTER NOW! 2024 Miami Labor & Employment Law Update

Ver la versión en español aquí. We are excited to host our Miami Labor & Employment Law Update (half-day) in person this year. Find out more and register below. We are also planning our 2025 Miami Labor & Employment Law Seminar (full-day) for the spring – stay tuned for details! CLICK HERE TO REGISTER WEDNESDAY, … Continue Reading

REGISTER NOW! 2024 Tampa Labor & Employment Law Seminar

Ver la versión en español aquí. We are excited to host our Tampa Labor & Employment Law Seminar this year. Our annual seminars draw hundreds of human resource professionals, in-house counsel and senior executives from Florida’s top businesses. And for good reason! No one does events quite like we do – our seminars are not … Continue Reading

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

Take the Off-the-Shelf Employment Agreements… Off the Shelf

Ver la versión en español aquí This is your reminder — always have counsel review and revise every agreement before offering it to an employee.  A number of new decisions and laws have made many standard employment agreements, restrictive covenant agreements, separation agreements, and settlement agreements completely unenforceable.  Below are a few examples…… Continue Reading

REGISTER NOW! Miami Labor & Employment Law Breakfast Series

Ver la versión en español aquí. In lieu of our annual seminar, we will be hosting a two-part breakfast series in our Miami office. In Part 1, we will analyze rapid changes in employment law and provide suggestions on how to navigate the multiverse of employment problems now facing HR. Stay tuned for details on Part … Continue Reading

I Took a Short Vacation and All I Got Was Changes to Federal Employment Laws

Ver la versión en español aquí. Earlier this week, I returned from a short vacation to find the Federal Trade Commission (FTC) took action against three companies requiring them to invalidate their noncompete agreements with employees. Then yesterday, the FTC rolled out a proposed rule which, if enacted, would turn many state laws on the … Continue Reading

Top Takeaways from Our 2022 Annual Labor & Employment Law Seminar

Ver la versión en español aquí. Wow, it has been a whirlwind past few weeks! It was great to see so many of you at our Labor Seminars in Miami, Tampa and Tallahassee. We hope you were able to gain valuable insight into a wide range of topics of interest and importance to you. If … Continue Reading

The NLRB Joint Employer Pendulum Swings Back Again…

Ver la versión en español aquí. If your company engages with contractors to perform services you may think are completely unrelated to your business at first glance…beware.  It will soon be more likely that the National Labor Relations Board (“NLRB”) will deem the s employees to be yours.  For years, political interests have created a … Continue Reading

REGISTER NOW! Annual Labor & Employment Law Seminars

Ver la versión en español aquí. After a two-year hiatus, we are thrilled to be back in person! This year’s theme is “When Really Bad Things Happen to Really Good Employers…” Our annual seminars draw hundreds of human resource professionals, in-house counsel and senior executives from Florida’s top businesses. And for good reason! No one … Continue Reading

Employers with less than 250 employees: You now have to report all new employees and independent contractors hired!

Ver la versión en español aquí Employers with more than 250 employees have always been required to report “new hires”.  Effective October 1, 2021, however, regardless of how many employees an employer has, all Florida employers need to report new hires, and in addition certain “independent contractors” to the Florida Department of Revenue within 20 … 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

POSTPONED: Annual Labor & Employment Law Seminars

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

Ambushed by Public Records Act Trolls: The Risk of Exposure for Private Companies

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

2-4-6-8 Minimum Wage is Not So Great: NFL Cheerleaders Fight Back

The NFL is a multi-billion dollar bu$ine$$. Peyton Manning won the Super Bowl with the Denver Broncos. On top of his $15 million salary, he earned a $2 million bonus. Cam Newton lost the Super Bowl, but don’t feel sorry for him; he signed a 5-year $103.8 million contract.  For their Super Bowl appearances, every … Continue Reading

E-Verify Up and Running

The U.S. Department of Labor has issued the following notice regarding E-Verify and the impact of the government shutdown: E-Verify has resumed operations following the federal government shutdown. All E-Verify features and services are now available. The following information addresses questions on how the federal government’s shutdown affected E-Verify and Form I-9. Information For Employers … Continue Reading

OFCCP Requires Benchmarks for Hiring Veterans and Individuals With Disabilities

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently issued regulations revising existing regulations under the Vietnam Era Veterans’ Readjustment Assistant Act of 1974 (VEVRAA) and Section 503 of the Rehabilitation Act of 1973.  These laws prohibit covered federal contractors and subcontractors from discriminating in employment against protected veterans and individuals … Continue Reading

Federal Appeals Court Says DHL is Not Liable for Overtime to Its Contractor Drivers

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

May Change Conforms Florida E-Verify to Federal Standard

On his first day in office as Florida’s governor, Rick Scott signed Executive Order 11-02, mandating that state agencies under the direction of the governor to use the federal government’s E-Verify system to verify the work authorization and identity of all current employees and new hires.  The Executive Order also required that all agencies under … Continue Reading
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