Florida Labor and Employment Law Blog

Signed into law by Florida Governor DeSantis on May 10, 2023, SB 1718 will impact many private Florida employers, who will be required to use the U.S. Department of Homeland Security’s E-Verify System for their onboarding process by July 1, 2023.  Despite the new requirement, employers are still required to complete an I-9...Read More

There is a growing trend of local jurisdictions enacting pay transparency laws which require employers in those jurisdictions to provide compensation information to job applicants and employees.Read More

In January 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated resource document, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act” (the “Update”), which explains how the Americans with Disabilities Act (“ADA”) applies to job applicants...Read More

Only three months after the introduction of a bill to the House of Representatives that, if passed, will ban non-compete agreements nationwide for non-exempt employees, on January 5, 2023, the Federal Trade Commission (“FTC”) issued its own plan to ban non-compete clauses.Read More

On September 1, 2022, Representative Mike Garcia introduced H.R. 8755, titled The Restoring Workers’ Rights Act (“RWRA”) to the House of Representatives, and if it passes and is ultimately signed into law, it will ban non-compete agreements nationwide for employees who are considered non-exempt under the Fair Labor...Read More

On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance on COVID-19. Employers should review their current policies and procedures to ensure prompt compliance with these new guidelines.Read More

On April 22, 2022, Florida Governor Ron DeSantis signed into law House Bill 7 (“HB 7”). Most pertinently for employers in Florida, HB 7 amends the Florida Civil Rights Act, Fla. Stat. 760.10, by adding a new category of employer actions that constitute “unlawful employment practices” centered around workplace...Read More

The Fair Chance to Compete for Jobs Act (“FCA”), also known as the new federal “Ban the Box” law, became effective on December 20, 2021, and prohibits certain federal employers and contractors from requiring a job applicant to disclose his or her criminal background on a job application or during an interview prior to a...Read More

The District of Columbia recently passed a new expansive law which bans most noncompetition agreements for employees in the District.Read More

Last month, both bodies of Congress approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445), and President Biden is expected to sign the bill into law in the near future. This new piece of legislation makes a fundamental change to the arbitration of employment law claims because it...Read More

Last year, a new law was enacted requiring public and private employers to comply with Florida’s new E-Verify mandates, with Fla. Stat. § 448.095 of the Florida Statutes taking effect on January 1, 2021.  The law makes the use of the web-based E-Verify system, regulated by the Department of Homeland Security, mandatory for all...Read More

In response to new telework and remote working arrangements established because of the pandemic, on August 24, 2020 the U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) to provide further clarification to employers on teleworker time tracking and compensation challenges.Read More

As businesses reopen and employees working remotely begin to return to their workplaces, employers are facing difficult questions on how to prepare their workplaces to operate in the midst of a deadly pandemic. The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) recently published...Read More

In a landmark ruling on June 15, 2020, the U.S. Supreme Court, in a 6-3 decision, agreed on extended protections for gay and transgender workers under Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex.Read More

On April 23, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its Technical Assistance Q&A Guidance relating to COVID-19 and the Americans with Disabilities Act ("ADA") to clarify that employers are permitted to administer mandatory COVID-19 tests on employees before allowing them to enter the...Read More

The CDC and the EEOC have recently issued new guidance relating to COVID-19 in the workplace, which is summarized below. Our attorneys remain willing and able to assist clients with any COVID-19 related workplace issues as needed. Please contact Mary Ruth Houston or a member of the Labor & Employment practice group if you need...Read More

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act” or “Act”) was enacted on March 27, 2020 to provide emergency assistance and health care response for individuals, families, and businesses affected by Covid-19. Employers should be aware of two programs under the Act designed to work in...Read More

As the coronavirus clampdown widens, companies across the country are facing uncertainty in the wake of mandated closures and disruptions to business activities. From the employer’s perspective, there is also growing concern over legal issues that may arise in connection with the COVID-19 pandemic.  Even on the smallest...Read More

On Monday April 22, 2019, the Supreme Court of the United States has agreed to hear three cases which seek rulings on whether sexual orientation, transgender status, and transitioning status are protected under Title VII of the Civil Rights Act after years of courts and government agencies taking conflicting positions on this...Read More

More than likely, many average NFL fans that follow their favorite team or player on any given weekend have heard the following words: “great hit”, “pancaked,” “ran over,” or “leveled,” just to name a few. However, what truly happens to your favorite players, once those “glory days” have passed?Read More

A common misconception is that the Family Medical Leave Act (FMLA) does not apply when an employee cares for a sick grandparent. However, prudent employers and human resources professionals should carefully examine the facts of each situation to ensure compliance with the law.Read More

On August 29, 2017, the Equal Employment Opportunity Commission (EEOC) announced that the Office of Management and Budget (OMB) was “initiating a review and immediate stay of the effectiveness of the new aspects of the EEO-1” form.Read More

OSHA recently amended 29 C.F.R. Sec. 1904.35 adding two new provisions. The language may potentially impact an employer's post-accident drug testing policies.Read More

Today, while it is understood that the phrase “because of sex” includes gender stereotyping, the law remains in flux as to whether discrimination “because of sex” includes discrimination because of “sexual orientation.”Read More

On April 17, 2017 the President signed a new Executive Order that directs federal agencies to review employment immigration laws to promote "Hire American" policies. The Order will most likely impact the H-1B visa programs.Read More

The Internal Revenue Service (IRS) conducts hundreds of audits of 401(k) and other employee qualified retirement benefit plans each year. Audits can result from participant complaints, inter-agency referrals, responses contained in the plan’s Form 5500 or from the random selection of the plan for audit.Read More

The Family and Medical Leave Act (“FMLA”) requires covered employers to provide eligible employees with unpaid family and medical leave for certain qualifying reasons. While employers should definitely know the FMLA basics (i.e., whether they are “covered employers” who employ any “eligible employees”...Read More

About a decade ago plaintiffs’ employment lawyers discovered the plaintiff-friendly attorneys’ fee provisions of the Fair Labor Standards Act (FLSA). As a result, overtime pay suits by private lawyers went from almost none to very numerous -- and with very costly consequences for employers.Read More

Do you know which policies would constitute a violation of the National Labor Relations Act (NLRA)? Employers should review their policies to ensure that the policies are not overbroad and do not encompass what could be reasonably interpreted as chilling employees’ Section 7 protected concerted activities. Read More

At the end of last year, the Department of Justice, Antitrust Division (“DOJ”), and the Federal Trade Commission (“FTC”), jointly authored a guidance to address potential violations of anti-trust laws impacting employee hiring and compensation decisions. The guidance was intended to encourage Human Resources...Read More

President Trump has permanently blocked previously issued Executive Order 13673 - Fair Pay & Safe Workplaces, also known as the “Blacklisting Rule”. Read More

Worker misclassification continues to be an ongoing problem throughout the country. The effect of this has its greatest impact on low wage earners. By virtue of being misclassified as independent contractors, as opposed to employees, such workers do not have legal protections of employees, such as minimum wage and overtime...Read More

The U.S. Department of Labor has reported that about 40% of the U.S. private sector workforce does not have the benefit of paid time off for care of their own illnesses or those of family members. This pressure on working families was the impetus for the Executive Order signed by President Obama in September 2016, which was...Read More

Shutts’ Labor and Employment Law Blog analyzes and discusses laws, regulations, recent news and trends affecting labor and employment issues in a variety of industries and in both the private and public sector. The blog is written for employers, employees, HR professionals, in-house counsel and the general public...Read More