Florida Labor and Employment Law Blog

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