Tag Archives: wellness

DOL Tells Employers: No Need to Include Many Employee Perks When Calculating Overtime

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

Don’t Be Snake Bit. Make Sure the COBRA Notices You Use Are Correct.

Ver la versión en español aquí Using a vendor for your COBRA compliance does not mean you are safe from claims. The employer bears ultimate responsibility for complying with COBRA. It appears that Pepsico and Lockheed may be about to learn this lesson.  Both were sued recently in Hillsborough County for failure to send proper … Continue Reading

Nothing to Sneeze at: Chemical Sensitivities, Bed Bugs, Zika and Flu Shots

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

Top Takeaways from Our 27th Annual Labor & Employment Law Seminar

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 were able to get a “glimpse into the future” of Labor & Employment law. Check out our Facebook album with photos from the event to see if you can spot yourself or your … Continue Reading

EEOC Wellness Plan Controversy: All’s Well That Ends Well?

Ver la versión en español aquí Earlier this month, the EEOC and Orion Energy Systems settled a case pending in a Wisconsin federal court in which the EEOC alleged that the company’s wellness plan violated the Americans with Disabilities Act (ADA). This case goes back to the spring of 2009 when an employee was forced … Continue Reading

Email Restrictions: Good Idea but Don’t Hold Your Breath America

Ver la versión en español aquí Employers are always looking for ways to improve work-life balance for their employees. The objective, of course, is to reduce employee burnout and turnover, while increasing employee satisfaction, productivity and creativity. Some companies have gone the untraditional route, such as Daimler’s “Mail on Holiday program” which gives employees the … Continue Reading

REGISTRATION OPEN! 27th Annual Labor & Employment Law Seminar

I cannot believe another year has come and gone! We are quickly approaching our 27th Annual Labor & Employment Law Seminar. Join us Friday, May 19th from 8am-4pm at the JW Marriott Marquis Miami as we “Predict the Future” and discuss what awaits employers in 2017. Mark your calendars now because this year’s seminar is not to … Continue Reading

Florida’s Medical Marijuana Constitutional Amendment Takes Effect Today

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

New Law Widens Insurance Options for Eligible Small Employers

Ver la versión en español aquí A new law passed by Congress reinstates the ability of eligible small employers to reimburse employee paid premiums to purchase individual health insurance policies. The law reverses the application of huge penalties that would have applied to such reimbursement actions under the IRS’ interpretation of the Affordable Care Act. … Continue Reading

It’s Easy Being Green in Florida: Corporations for the “Socially-Minded”

  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

Top Takeaways from Our 26th Annual Labor & Employment Law Seminar

Ver la versión en español aquí With over 400 attendees from more than 200 employers, our 26th Annual Labor & Employment Law Seminar was a huge success! Thank you for allowing us to keep you “on Track”. For the first time this year, following our morning sessions, attendees were able to choose from our “high-speed” track designed for … Continue Reading

Flexible Workplace: What’s in a Name?

Many companies tout themselves as a “flexible workplace.” But what exactly does that mean? Does the company permit employees to have a regular telecommuting schedule or just work from home occasionally? Does the company offer modified start and stop times or compressed workweeks? All of these options and more can be components of a flexible … Continue Reading

EEOC Focuses on Plethora of Legal Issues Raised by Employer-Sponsored Wellness Programs

On May 8, 2013, the U.S. Equal Employment Opportunity Commission (EEOC) held a meeting with representatives from employers, advocacy groups and insurance providers to discuss issues raised by employee-sponsored wellness programs in the context of the Americans With Disabilities Act and Genetic Information Non-Discrimination Act as well as age, national origin, race and sex discrimination. … Continue Reading

Appeals Court Says ADA’s Safe Harbor Provision Permitted Medical Examination and Disability-Related Inquiries for Wellness Program Tied to Group Health Plan

The Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled on Monday that Broward County’s wellness program, which required employees to undergo a biometric screening and fill out a health assessment questionnaire, did not violate the Americans with Disabilities Act (“ADA”).  The ADA generally prohibits medical examinations and disability-related inquiries unless job-related and … Continue Reading
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