Category
Employee Rights
Non-compete Agreements to be Banned, Limited Exceptions
In late April, the Federal Trade Commission (“FTC”) issued a controversial new rule that bans all non-compete clauses for every worker nationwide across all industries – with very limited exceptions. The rule, if not stopped by a lawsuit, will take effect on or about September 1, 2024. After the effective date, employers also have...
What Should Employers Know about Florida’s New Constitutional Carry Law?
On July 1, 2023, Florida House Bill 543 became law and authorized the concealed carry of firearms with or without a license to carry. So-called Constitutional Carry means that a permit is not required to carry a concealed firearm. There are a lot of myths and misunderstandings about the new law so various law enforcement......
Is it Illegal to Use a Non-Disparagement Clause in Severance Agreements?
Recently, the Biden Administration’s National Labor Relations Board (NRLB) reversed well-established principles and ruled that confidentiality and non-disparagement clauses in severance agreements violate Section 7 of the National Labor Relations Act (the NLRA) if they restrict workers from engaging in protected activity. For instance, the ag...
How do Employers Make a “Direct Threat” Determination
The Americans with Disabilities Act (ADA) is 30 years old and employers are familiar with its general requirement to provide reasonable accommodation to qualified individuals (applicants and employees) with a physical or mental impairment that substantially limits a major life activity. A reasonable accommodation is any change or adjustment to a jo...
Prohibiting BLM Messages on Employee Clothing is Legal says NLRB Judge
Most employers have dress code requirements and prohibit employees from wearing certain messages and symbols on their work attire. At Home Depot, its dress code states that the orange apron “is not an appropriate place to promote or display religious beliefs, causes or political messages unrelated to workplace matters.” Home Depot employees...
Can Employers Require COVID-19 Vaccinations for Employees?
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued guidance that allows for employer-mandated vaccines. According to the EEOC, employers may implement a mandatory vaccination policy because vaccines are not “medical examinations” under the Americans with Disabilities Act (ADA) – but a third-party administrator sho...
DOL Revises Regulations for the Families First Coronavirus Response Act
Effective September 16, 2020, the Department of Labor (DOL) announced the release of revised regulations under the Families First Coronavirus Response Act (FFCRA). The revised regulations came after a New York court decision invalidated several parts of the FFCRA’s rules. The new, updated regulations did not change too much for non-healthcare em...
Treasury, IRS and Labor announce plan to implement Coronavirus-related paid leave
On Friday (March 20), the U.S. Treasury Department, Internal Revenue Service (IRS), and the U.S. Department of Labor (Labor) announced that small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing Coronavirus-rel...
New Overtime Rule: Exempt Threshold To Increase from $23,660 to $35,568 January 1, 2020
WHAT HAPPENED? This Tuesday (September 24, 2019), the Department of Labor announced the following changes to the FLSA’s white-collar overtime exemptions, to become effective January 1, 2020: The minimum salary threshold for exempt status will be $684 per week, annualized to $35,568 per year. The highly compensated employee exemption’s total...
Have an Employee with a Contagious Disease? 4 Things to Know
If you have a small business, you already have a million things to lie awake worrying about. Get ready for another: infectious and contagious diseases are on the rise. It has been reported that the Florida Department of Health has confirmed over 1,100 Hepatitis A (HEP A) cases in 2019 so far. According to the......
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