Ver la versión en español aquí. I contribute an Employment Law advice column to The Human Resources Association of Broward County newsletter. A reader recently asked a question that I thought was important and I wanted to share. ASK JANET: If an organization does not allow telework for any of their employees, but an employee … Continue Reading
Ver la versión en español aquí. In the midst of the Great Resignation, you would think employers would put forth the extra effort to accommodate employees (and to comply with the law). Yet, last week, the EEOC announced a settlement in a religious discrimination case in which the employer, an Amazon delivery partner, terminated an employee … Continue Reading
Today, the U.S. Supreme Court put the brakes on OSHA’s mandatory vaccination and testing rules for private employers with at least 100 employees. The Court ruled that OSHA exceeded its authority when issuing its Emergency Temporary Standard (ETS) requiring either mandatory vaccination or weekly testing and face masks. The Court noted that OSHA is charged … Continue Reading
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 As millions of Americans continue to get vaccinated against COVID-19, it seems as if there is finally a light at the end of the tunnel. For others who have contracted COVID-19, however, they are not as fortunate. Some of these folks face a more harrowing journey because their symptoms … Continue Reading
Ver la versión en español aquí Vaccine passports seem to be the hot button issue of the day. Most of the media coverage and remarks from politicians have focused on businesses requiring customers, guests or students having proof of vaccination before returning to school or entering the business establishment. But what about employers? Can an … Continue Reading
Ver la versión en español aquí Until recently, having a pre-existing medical condition bumped you to the front of the line for eligibility to receive a COVID-19 vaccine in Florida. But as of yesterday, April 5, all Floridians age 18 and older are now eligible to receive a vaccine. As a result, I suspect in … Continue Reading
Ver la versión en español aquí Each year Florida legislators meet for just 60 days to propose and pass new laws. The Legislature is now in session through the end of April 2021. A number of employment-related bills have already been introduced – many are first proposed to lay the groundwork for possible passage years … Continue Reading
Ver la versión en español aquí The first time I heard the term “sex addiction” was in 2010, when Tiger Woods announced to the public that he would be stepping away from the PGA Tour to attend rehab. The announcement shook the sports world and sparked a conversation about an addiction that seemed to only … 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
Ver la versión en español aquí With rapid automation there comes a tipping point for the need of humans in the workplace. Automation will become so pervasive that companies will need to cobble together remaining job duties into hybrid job positions to be performed by the remaining human employees. Is this the future? No, it’s … Continue Reading
Ver la versión en español aquí As an update to this post from April, New York recently became the second state to prohibit race discrimination based on hair bias. The bill, signed into law on July 12: Prohibits race discrimination based on natural hair or hairstyles; defines “race” for certain specific purposes to include, but … Continue Reading
Ver la versión en español aquí I recently spoke at the SHRM 2018 Annual Conference & Exposition in Chicago. My topic was “Health Issues are Nothing to Sneeze at: Chemical Sensitivities, Bed Bugs, Zika and Flu Shots.” SHRM had over 18,000 attendees. It was a great opportunity to discuss some of the legal issues employers face when … Continue Reading
Ver la versión en español aquí Our first Annual Tampa Labor & Employment Law Seminar was a success, with more than 70 attendees! We anticipate growing the seminar in the coming years and will use your feedback to determine future topics and content. Thank you to all who attended. Congratulations to our blog contest winner! … Continue Reading
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
Ver la versión en español aquí On November 8, 2016, Florida voters approved the medical use of marijuana for individuals with certain debilitating medical conditions. The effective date was January 3, 2017. However, to date, Florida has done nothing to address how employers are to treat employees who will be prescribed marijuana for their disabilities. One … Continue Reading
Ver la versión en español aquí Is your organization a “public accommodation” under Title III of the Americans with Disabilities Act (ADA)? Does your organization have a website? If so, can that website be navigated with a keyboard (instead of a mouse) and with screen reader software? Is the audio content on the website captioned? … Continue Reading
Ver la versión en español aquí For the past several weeks, the country has been enthralled by the controversy surrounding Rowan County, Kentucky Clerk Kim Davis, who spent five days in jail after she refused to comply with a federal court’s directive to issue marriage licenses to same-sex couples. Davis, an Apostolic Christian, says that … 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 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 Title VII, through the Pregnancy Discrimination Act (PDA), has expressly prohibited pregnancy discrimination since 1978. Thirteen years later, the Supreme Court, in Johnson Controls, told us that even well-intentioned, but facially discriminatory, gender and pregnancy based employment policies — like Johnson Control’s policy of prohibiting fertile women from working … Continue Reading
