All posts by stu

Compensation, Employment Poster, HR Compliance, Minimum Wage, Posters, Wage and Hour

Florida Minimum Wage Increasing to $14/hour on Sept 30th

On September 30, 2025, the Florida minimum wage will increase to $14 per hour. The tipped minimum wage in Florida will increase to $10.98 because Florida employers are permitted to take a tip credit of up to $3.02 per hour for tipped employees. An employer that claims a tip credit must ensure that the employee receives enough tips from customers, and direct (or cash) wages per workweek to equal at least the minimum wage and overtime compensation required under the FLSA.

Why is it increasing? On November 3, 2020, Florida voters approved a constitutional amendment to gradually increase the state’s minimum wage each year until reaching $15.00 per hour in September 2026.

Poster Requirement. Section 448.109, Florida Statutes, requires employers who must pay their employees the Florida minimum wage to post a minimum wage notice in a conspicuous and accessible place in each establishment where these employees work. Florida’s minimum wage notice is available for downloading in English, Spanish, and Creole from the Florida Department of Commerce’s website at https://www.floridajobs.org/business-growth-and-partnerships/for-employers/display-posters-andrequired-notices. The latest 2025 minimum wage poster should be available in the next week.

Want to know what the minimum wage is for a different state? Check out the Wage and Hour – State Minimum Wage Laws map and table.

300 Log, Employee Injury, Injury Statistics, OSHA, Record Keeping, Risk Management, Safety

Is Red Light Therapy Considered First Aid or Medical Treatment by OSHA?

A recent Opinion Letter from the Occupational Safety and Health Administration (OSHA) addressed whether the recordkeeping regulation contained in 29 CFR Part 1904 – Recording and Reporting Occupational Injuries and Illnesses, requires that LED (light emitting diode) red light therapy and red light therapy wraps constitute first aid for purposes of OSHA recordkeeping, or if it was first aid treatment under section 1904.7(b)(5)(ii). This is important distinction for employers because first aid cases do not get added to the annual OSHA 300 log, and medical treatment cases are recorded. OSHA concluded that red light therapy is medical treatment, not first aid.

Section 1904.7(b)(5) of OSHA’s recordkeeping regulation requires employers to record work-related injuries and illnesses that result in medical treatment beyond first aid.  Section 1904.7(b)(5)(iii) goes on to state that the list of first aid treatments in section 1904.7(b)(5)(ii) is a comprehensive list of first aid treatments. Any treatment not included on the list is not considered first aid for OSHA recordkeeping purposes. Hot and cold therapy is considered first aid treatment for purposes of OSHA recordkeeping. OSHA had to determine if red light therapy was like heat therapy, or something else. According to available literature, light therapy is distinct from hot therapy. Light therapy accomplishes health benefits via photons of light interacting with cellular macromolecules. It is the light itself that penetrates the skin and alters cellular behavior, not the heat from the light. Therefore, OSHA concludes that the use of LED red light therapy wraps is a medical treatment and not hot therapy or other first aid treatment as defined in section 1904.7(b)(5)(ii).

At this time, OSHA does not plan to initiate rulemaking to add LED red light therapy to the first aid list (which would need to be done to consider it first aid). OSHA issued this Opinion Letter on July 28, 2025, in response to a request from Balance Biomechanics, Wellness and Therapy company based on Colorado.

How to Request an Opinion Letter from OSHA. A letter of interpretation (LOI) provides supplementary guidance that clarifies how to apply the OSH Act, or a particular standard, policy. Before requesting a letter of interpretation please consult the following agency guidance and material which may address your question. Check here to submit a request.

Commercial Motor Vehicle Driver, DOT, Drivers, FMCSA, HR Compliance, Immigration

What is EPL (English Language Proficiency) for DOT drivers and CDLs for Non-Domiciled Drivers?

The recent tragedy on the Florida Turnpike that killed three South Floridians involving an out of state trucker driving for White Hawk Carriers (based in CA) have raised the profile of a few lesser known DOT regulatory subjects: (1) English Language Proficiency (ELP) and (2) the state issuance of CDL licenses to non-domiciled drivers (those not living in the state of issuance). The truck driver who caused the fatal accident had been issued a limited-term/non-domiciled CDL by Washington State and California DMV, according to the DOT. After the accident, the truck driver provided correct responses to just 2 of 12 verbal questions and only accurately identified 1 of 4 highway traffic signs.

What is ELP? FMCSA regulations provide that a driver unable to sufficiently read or speak English or understand highway traffic signs and signals is not qualified to operate a commercial motor vehicle. One of the general qualifications for motor carrier drivers (Title 49, section 391.11(b)) states that drivers “can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.”

Enforcement of ELP: Under the Obama administration (2016), DOT directed inspectors not to place CMV drivers out-of-service for ELP violations. Earlier this year, the Trump administration issued new guidance, commercial motor vehicle (CMV) drivers who fail to comply with Federal Motor Carrier Safety Administration’s (FMCSA) longstanding English-language proficiency (ELP) requirements will be placed out-of-service.  Read more.

Non-Domiciled CDLs: According to DOT, a foreign driver with an employment authorization document may obtain a CDL to operate a CMV in the United States. A foreign driver holding an employment authorization document or an unexpired foreign passport accompanied by an approved Customs and Border Protection (CBP) I-94 Arrival/Departure Record may obtain a non-domiciled CDL. Canadian and Mexican drivers, holding CDLs from their home country, can operate using the CDLs from their country. Foreign drivers can not obtain a resident CDL since they are not domiciled in a U.S. state (as defined in the regulations). An operator is eligible to obtain a Non-domiciled CLP or CDL from any State that elects to issue a Non-domiciled CLP or CDL and that complies with the testing and licensing standards. The FMCSA has launched a sweeping investigation into the use or misuse of non-domiciled CDLs. According to a Transportation news website, California and Washington are among 19 states that issue driver’s licenses to undocumented immigrants. 

Accommodation, Employee Policies, HR Compliance, Reasonable Accomodation, Religion, Social Media

Can an Employee Be Fired for Posting Bible Verses on Personal Social Media?

According to a recent lawsuit filed by the Equal Employment Opportunity Commission (EEOC), the answer is “No”. In the July EEOC lawsuit, Crystal Ridge Ski Area, LLC, doing business as “The Rock Snowpark”, a winter sports park and summer events venue near Milwaukee, Wisconsin, violated federal law when it terminated a lift operations manager because of his religion.

According to the lawsuit, the Rock Snowpark fired a Christian employee, because of his religious beliefs, in violation of federal law. The EEOC alleges that the employee frequently posted Bible verses and faith-based messages on his personal social media account. Although his posts made no mention of the workplace or coworkers, his supervisor told him to refrain from posting them. After confirming with the supervisor that he could continue sharing scripture, the employee was fired three days later for posting another Bible verse. The Acting Chair of the EEOC stated that employees have the right to earn a living free from discrimination based on their religious beliefs.

The law requires an employer to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause a burden that is substantial in the overall context of the employer’s business taking into account all relevant factors, including the particular accommodation at issue and its practical impact in light of the nature, size, and operating cost of the employer. Read the EEOC Guidance to Employers on religious accommodation in the workplace.

This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion. Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices.

Consultstu Team, Employee Handbook, HR Compliance, HR software, Human Resources

New Florida Business? Here Are the HR Documents You Need on Day One

Starting a new business in Florida is an exciting journey, but it comes with important responsibilities – especially when it comes to human resources (HR). Whether you’re hiring your first employee or planning to grow quickly, having the right HR documents in place sets the foundation for legal compliance, professionalism, and an energized workplace. These HR documents help protect your business, communicate expectations clearly, and support smooth operations from day one.

1. Offer Letters and Job Descriptions: Every hire should begin with a clear job description outlining the role’s responsibilities, skills required, and reporting structure. You will use the job description to advertise the opening, Once you’ve selected a candidate, an offer letter formally outlines the terms of employment—such as pay rate, start date, and at-will status. These documents are key to avoiding confusion later and ensuring that all parties are on the same page.

2. New Hire Forms and Acknowledgements: Florida employers are required to complete federal and state forms like the IRS W-4, I-9 (Employment Eligibility Verification), and Florida New Hire Reporting form (or online). Additionally, businesses should have employees sign an employee handbook acknowledgment, a direct deposit authorization form, emergency contacts and consent forms for background checks or drug screening, if applicable.

3. Policies and Compliance Documents: A well-drafted Employee Handbook helps establish your company’s rules, code of conduct, anti-discrimination policies, and workplace expectations. Depending on your business, you may also need a confidentiality agreement, non-compete or non-solicitation clauses, and workplace safety policies that align with all applicable OSHA requirements.

4. Timekeeping and Payroll Records: Whether you use a paper system or payroll software, you must maintain accurate records of hours worked, wages paid, and paid time off balances for your new employees. Under both federal and Florida law, employers are required to keep certain payroll and employment records for a minimum period of time—usually three to four years. The online payroll systems can also have some cool tools for collecting HR forms via electronic signatures.

Starting with the right HR documents doesn’t just keep your business compliant—it also builds employee trust and supports long-term success. Many small businesses choose to partner with an HR consultant or legal advisor to customize these documents to fit their unique industry and size. Investing in HR infrastructure early will pay off in fewer headaches and more confident management down the road. Consultstu is here to help you get your small business launched with good structure and a solid foundation. We offer affordable, customized HR assistance to all types of businesses – medical office, construction company, professional services, hospitality, retail and more.

Compliance, Employee Policies, Florida rules, Human Resources, Non-complete Agreements, Salaried employees

Florida CHOICE Act Makes Non-Competes Longer and Enforcement Easier

The Florida legislature recently passed the “Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act.” For high earning, salaried employees, the CHOICE Act makes it much easier for their employers to enforce non-compete agreements in Florida and allows for longer non-compete time-periods. It is designed to foster economic growth, protect business interests, and enhance Florida’s investment climate by strengthening protections for covered employers. Governor DeSantis allowed the Act to become law without his signature, and the new law took effect on July 1, 2025. Read more.

Here is a summary of what the CHOICE Act includes:

  • Covered Employees: It covers Florida based employees (those primarily employed in Florida) and employees of Florida based companies with Agreements that are governed by Florida law (choice of law provision). Covered employees are high earning, salaried employees. Twice the annual mean wage of the county in this state in which the covered employer has its principal place of business. The definition includes, and excludes, certain employee benefits and extra compensation.
  • Exclusion: It excludes health care practitioners (they remain covered by existing non-compete law).
  • Requirements: The agreement must advise the employee to seek legal counsel. The employee must acknowledge in writing that the employee will receive confidential information or customer relationships during their employment. Lastly, the employer must provide at least 7 days’ notice of the non-compete before an offer of employment expires or 7 days’ notice before the date that an offer to enter into a “covered non-compete agreement” expires (7 days to review it and seek counsel).
  • Enforcement: Courts are required to preliminarily enjoin a covered employee from providing competing services to any business, entity, or individual during the non-compete period. Employees will have a higher burden of proof in order to dissolve or modify the injunction. The CHOICE Act will also enjoin the new business or individual employing the employee subject to a non-compete agreement. Businesses that are not parties to the non-compete agreement can still be subject to lawsuits and injunctions.
  • Length of time: The CHOICE Act permits non-compete agreements up to four years in length (longer than the 2 years length in the existing Florida statute).
  • Next Steps: CHOICE Act (to use these new provisions) employers will need to review and update their existing non-compete agreements to comply with the CHOICE Act requirements. Otherwise, the existing non-compete statute (542.335) remains available for employers seeking to enforce restrictive covenants.

The CHOICE Act is now in effect. Employers will want to review their current non-compete agreement and consider making the changes required by the Act, if they want to take advantage of the expanded restrictions and easier enforcement provisions. Read more.

Audits, Compliance, Consultstu Team, E-Verify, HR Compliance, I9 Form, Immigration

Walmart Worker Verification (WV) Program for Contractors

Contractors working with Walmart may be required to comply with Walmart’s strict Worker Verification (WV) Program as part of their Compliance and Performance Standards. This program is designed to ensure that every worker on a Walmart site is authorized to work in the U.S. and has been properly documented before entering the project site. Non-compliance can delay the project or jeopardize your contract. If your company needs an independent third party Verifier or Auditor to assist with meeting your compliance obligations under your Walmart Contract documents, contact the team at Consultstu LLC.

What is Walmart’s Worker Verification Program?

Walmart’s Worker Verification (WV) Program applies to general contractors and their subcontractors, regardless of tier. Each worker at a Walmart site must be verified, badged and matched to their photo ID upon check-in. Failure to follow these steps may result in project disruption and removal from the site. Under Walmart’s WV program each company must certify the following:

  • Certify that the contractor follows all immigration and worker eligibility laws.
  • Maintain I-9 records for each worker (and copies of employment verification documents).
  • Provide a WV Certification Form listing all workers by name and employer (using designated forms).
  • Issue badges only to verified workers listed on the WV Form.
  • Update the WV Form when new workers are added to the site.
  • Report any Worker Verification Incidents (such as false documents) within one hour to Walmart.
  • Cooperate with a WV Auditor for any compliance reviews or audits.

Worker Verification I9 Audits and Reviews

Walmart’s Worker Verification Certification audits conducted by a third-party verifier need to be able to attest and affirm the following:

  • Review I-9 forms for compliance.
  • Ensure documents are free of substantive or uncorrected technical deficiencies (other than timeliness). Copies of employment eligibility documents must be maintained by the Contractor.
  • Verify the contractor’s list of workers on-site matches those certified and listed on the WV Form (exact format must be followed).
  • Contractor must not have been the subject of ICE enforcement action within the previous 2 years.
  • Confirm Contractor intends to or has procedures in place to track and report worker eligibility and incidents.
  • WV Auditor has been given access to the documents and personnel as needed to complete the audit.

The audit certification would be signed by a Qualified Employee Verifier and may be relied upon by Walmart to assess compliance by the Contractor. If your company needs the services of a knowledgeable and reliable auditor of your I9s forms and related documentation, contact Consultstu LLC at (727) 350-0370. We can assist your company with performing an I9 audit of existing employees going to work on a Walmart project, and completing the required forms and certifications needed to maintain compliance with Walmart’s Global Ethics and Compliance policy.

Accommodation, Americans with Disabilities Act, Compliance, General HR Questions

How to Handle an Employee Request for Medical Accommodation

A very common question from employers is how to handle an employee who asks for special treatment at work because of a medical issue, such as needing a change to their job duties, schedule or hours. When an employee requests a medical accommodation due to a disability or health condition, employers must engage in an **interactive dialogue** to find a reasonable solution, as required by the Americans with Disabilities Act (ADA), and similar state laws. This collaborative process ensures the employee can perform their job while meeting workplace needs. Here’s a simple guide to get it right.

Steps for an Effective Interactive Dialogue

  1. Acknowledge the Request – When an employee shares their need, respond quickly and respectfully. Confirm you’ll work together to find a solution, and see what can be done. For example, “Thanks for letting me know. Let’s discuss how we can support you and see what options might be possible.” Tip: Document the request and date.
  2. Gather Information – Ask for supporting medical documentation to understand the employee’s limitations and needs, but only request what’s necessary. For example: “Can your doctor provide a note about how your condition affects your work, and what kind of limitations you have?” Tip: Keep medical details confidential.
  3. Hold a Private Meeting – Schedule a one-on-one meeting to discuss the request, what options may exist and to make sure you understand the situation. Be prepared with the employee’s job description and any medical info. For example: “How does your condition impact [add specific task]? How would an accommodation help you?” Tip: Listen openly and explore options like modified schedules or assistive tools. Allow for an open flow of information and make sure the employee knows that you are trying to fully understand the situation before a decision is made.
  4. Propose and Implement Solutions – Suggest accommodations that work for both parties. If the employee’s request isn’t feasible, offer alternatives. For example: “We can adjust your schedule to include breaks. Does that work?” Tip: Check external resources, such as the Job Accommodation Network (JAN) for ideas, and options.
  5. Some Accommodations are Not Required – An employer is not required to provide a disability accommodation that would require (1) incurring significant difficulty or expense; (2) changing the fundamental duties of the job; (3) lowering production or performance standards; or (4) tolerating misconduct.
  6. Follow Up and Document the Discussion – Put the agreed upon accommodation in place, check in later to ensure it’s effective, and document all steps. For example “Let’s review in two weeks to confirm this is working.” Tip: Store records securely and put a note on your calendar to follow up.

Key tips: (1) act promptly to avoid delays; (2) stay respectful and empathetic and do not immediately rule out all options; (3) ensure compliance with ADA or consult HR/legal experts. A thoughtful, interactive dialogue shows employees you value their needs while conveying the reality that the company still needs to maintain productivity and results. For more information, visit the EEOC website.

Compliance, Employee Misconduct, Employee Policies, Human Resources, Investigations, Non-complete Agreements

How to Respond if a Former Employee Violates a Non-Compete Agreement in Florida

In Florida, non-compete agreements are enforceable, if they are reasonable in scope, duration, and geographical area, and protect legitimate business interests such as trade secrets, client relationships, or confidential information. But what happens when a former employee violates that agreement?

If a Florida employer suspects or confirms a violation, swift and strategic action is key. Here is a guide on what employers should do to protect their interests. Here are five (5) actions to consider in order to protect the business:

  1. Review the Non-Compete Agreement for Enforceability. Before taking action, carefully review the non-compete agreement: (1) was it signed voluntarily and properly executed?; (2) does it comply with Florida Statutes § 542.335, which governs restrictive covenants?; and (3) is it reasonable in terms of time (typically 6 months to 2 years), geographic scope, and restricted activities?  Employers are entitled to enforce non-compete agreements because they have legitimate business interests under Florida law, including but not limited to: trade secrets and other proprietary information; (2) valuable confidential business or professional information; (3) substantial relationships with specific prospective or existing customers, clients, or patients; (4) goodwill associated with a brand, trade name, geographic location, or marketing area; and (5) specialized training provided by the employer.  Also, confirm that the former employee’s new activities truly violate the terms (e.g., working for a direct competitor or soliciting your customers).
  2. Gather Evidence of the Violation. A concerned employer should start documenting proof of the violation(s).  Some examples include: (1) employment records or online profiles (e.g., LinkedIn) showing the employee’s new role; (2) communications from clients indicating contact with the former employee; (3) internal reports or staff statements confirming solicitation or competitive activity; (4) computer and email records showing the activity of the employee before leaving the employer.   The burden of proof is on the employer, so solid documentation is essential for enforcement.
  3. Send a Cease-and-Desist Letter. A formal cease-and-desist letter should be your first action. This letter, typically drafted by your attorney, will: (1) cite the specific terms of the agreement being violated; (2) demand that the former employee stop the prohibited conduct; and (3) warn of the potential legal consequences if their conduct continues.  In many cases, this alone can stop the conduct—especially if the former employee or their new employer was unaware of the agreement’s enforceability.  The employer should send another copy of the signed Non-Compete Agreement with the Letter.
  4. Send a Letter to the Former Employee’s New Company. A formal letter (via certified mail or personal delivery) can be sent to the former employee’s new employer to advise them that their new employee has a Non-Compete Agreement, and that he/she is expected to comply with their legal obligations.  Sending a copy of the Employee’s Non-Compete Agreement will ensure that they are fully aware of the situation.  If the new employer knew about the non-compete and encouraged the violation, you may also have a claim for tortious interference with a contractual relationship.  This type of claim can result in damages and can create pressure for the new employer to end their relationship with your former employee.
  5. Consider Legal Action: Seek Injunctive Relief. If the cease-and-desist letter doesn’t work, the next step is to file a lawsuit seeking injunctive relief. Florida courts can issue a temporary or permanent injunction to stop an employee from continuing to violate the agreement and to prevent further harm to your business.  Your employment attorney will need to initiate legal action to seek this relief.  Florida law favors enforcing reasonable non-compete agreements, especially when employers act quickly to prevent irreparable harm.

Final Thoughts: Non-compete violations can cause irreparable harm to a business when it threatens customer relationships, trade secrets, and your competitive edge. Florida law offers strong protections for employers but only if the agreements are valid, violations can be proven and it is properly enforced. When a violation occurs, employers don’t delay. Review the agreement, document the breach, and consult with a Florida employment attorney to determine the best course of action. With the right strategy, you can protect your business and hold those that violate these agreements accountable.



Compliance, EEO-1 Form, Human Resources

2024 EEO-1 Data Collection Opened on May 20, 2025 (ends June 24)

The 2024 EEO-1 Component 1 data collection opened on Tuesday, May 20, 2025. The deadline to file the 2024 EEO-1 Component 1 report is Tuesday, June 24, 2025. Read more. If an employer misses the June 24th deadline, no EEO-1 Component 1 report will be accepted, and the employer will be out of compliance with their mandatory 2024 EEO-1 Component 1 filing obligations.

The Instruction Booklet may be accessed on the EEOC’s dedicated EEO-1 Component 1 website at www.eeocdata.org/eeo1.

If you are filing for the first time, you will need to classify your employees into one of the designated classifications. The EEOC uses 10 major job categories for purposes of EEO-1 Component 1 reporting. Each job category includes a brief description of the skills and training required for occupations in that category and examples of the job titles that fit each category. Read how to classify your employees here.

For many other unique questions about filing your report, such as: what about a merger or acquisition, how are teleworking employees reported, how do you handle employees working at client sites and more – read the EEO-1 FACT SHEETS.

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