Category
Risk Management
No Work Comp Immunity for Workplace Shooting
Workplace shootings create unique risks to Florida employers. Is a co-worker shooting incident covered by workers’ compensation benefits, or not? A recent case (Bottling Group v. Bastien) has wide implications for Florida employers. The court ruled that an employer cannot deny a workers’ compensation claim on the grounds that a shooting inj...
What can Employers Do When Employees are Legally Using Opioids?
Fortunately for employers, the Equal Employment Opportunity Commission (EEOC) has issued technical assistance documents that address issues concerning the employment provisions of the Americans with Disabilities Act, as it relates to the use of opioids by employees. Although not legally binding on the public, there is valuable information for emplo...
Navigating GPS Tracking on Employee Phones: The Importance of Transparency and Disclosures
In an era dominated by digital connectivity, employers are increasingly turning to technology to streamline operations, enhance productivity, and ensure the safety of their workforce. One such technology that has gained prominence in recent years is GPS tracking, particularly when implemented on employee smartphones. While GPS tracking can offer be...
Employee Who Allowed Manager to “Pop” His Back, Denied Work Comp Benefits
An employee at a Florida Waffle House was having back complaints after working an 18 hour shift. Based on the complaints, the employer’s manager thought that “popping” (manipulating) his back might relieve some of his pain. The “popping” did not go well, and he was unable to stand up straight and had nerve pains runnin...
2024 Florida Workers’ Compensation Rates Decrease 15.1%
Effective January 1, 2024, Florida employers will receive another overall workers’ compensation rate decrease – 15.1%. In late 2023, after recommendations from the National Council on Compensation Insurance (NCCI), the Florida Insurance Commissioner issued a final order reducing rates in Florida. This is the seventh consecutive annual d...
DOT Announces Approval for Oral Fluid Testing, Part 40 Changes (but not yet…)
Effective June 1, 2023, the Department of Transportation (DOT) authorized oral fluid testing for the first time, marking a significant shift away from urine-only drug testing policies. This change provides employers with greater flexibility while affording employees enhanced privacy. The final rule, among other items, amends the DOT’s r...
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......
Random Drug Testing services for Florida Drug-Free Workplaces
Random drug testing will deter drug use, which helps stop accidents and improve safety. The Florida drug-free workplace statute allows but does not require, random drug testing of employees. A random drug test is not a test based on reasonable suspicion of employee drug use, or a targeted test. Statistically random testing is truly “random”......
OSHA’s Emergency Temporary Standard (ETS) requiring COVID-19 Vaccines Blocked by Supreme Court
On Thursday, January 13, the U.S. Supreme Court issued 2 decisions related to the Biden Administration’s push to require vaccines against COVIA-19 for the U.S. workforce. First, the Court stopped the enforcement of OSHA’s Emergency Temporary Standard (ETS) that mandated that employers with 100 or more employees to require vaccines, or r...
OSHA Posted a New ETS Regarding COVID-19
On June 21, The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released an expansive new emergency temporary standard (ETS) for those who provide healthcare services or healthcare support services. Effective immediately, the new standard was created to protect health care service workers from COVID-19. Some ...
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