On July 26, 2024, the U.S. District Court for the Northern District of Florida permanently blocked Florida’s Stop WOKE Act, which restricted the types of anti-harassment and antidiscrimination training that employers can...more
8/5/2024
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Appeals ,
Civil Rights Act ,
Corporate Counsel ,
Diversity ,
Employee Training ,
First Amendment ,
New Legislation ,
Permanent Injunctions ,
Preliminary Injunctions ,
Race Discrimination ,
Title VII ,
Unconscious Bias ,
Unconstitutional Condition
The Occupational Safety and Health Administration (OSHA) unveiled its long-anticipated proposed heat illness prevention rule, which would require employers to monitor excessive heat in the workplace and develop and implement...more
7/9/2024
/ Administrative Agencies ,
Chevron Deference ,
Department of Labor (DOL) ,
General Duty Clause ,
Heat Exposure ,
Loper Bright Enterprises v Raimondo ,
NPRM ,
OSH Act ,
OSHA ,
Regulatory Authority ,
Safety Precautions ,
SCOTUS ,
Workplace Safety
One day after releasing a new required poster for covered employers, the U.S. Equal Employment Opportunity Commission (EEOC), on October 20, 2022, published an updated version that it is instructing employers to use...more
On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new poster that covered employers are required to display in their workplaces entitled “Know Your Rights: Workplace Discrimination...more
On December 3, 2021, the Florida Department of Legal Affairs of the state attorney general’s office issued an emergency rule establishing the procedure for private employer vaccination mandate complaints under section...more
12/8/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Complaint Procedures ,
Coronavirus/COVID-19 ,
Emergency Rule ,
Employer Mandates ,
Exemptions ,
OSHA ,
Preliminary Injunctions ,
State Attorneys General ,
State Health Departments ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Workplace Safety
In a November 30, 2021, order, a federal judge sitting in Louisiana entered a nationwide preliminary injunction against the Biden administration’s Centers for Medicare and Medicaid Services’ (CMS) interim final rule entitled...more
12/2/2021
/ Appeals ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Executive Orders ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Interim Final Rules (IFR) ,
Medicaid ,
Medicare ,
OSHA ,
Preliminary Injunctions ,
Stays ,
Temporary Regulations
In a 32-page order issued on November 29, 2021, United States District Judge Matthew T. Schelp entered a preliminary injunction against the Biden administration’s Center for Medicaid and Medicare Services (CMS) interim final...more
On November 18, 2021, Governor Ron DeSantis signed into law measures that immediately prohibit workplace COVID-19 vaccine mandates for private and public employers and begin the process for Florida establishing a state...more
11/19/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Enforcement ,
Executive Orders ,
Governor DeSantis ,
OSHA ,
Pending Legislation ,
Preemption ,
State OSHA Laws ,
Temporary Regulations ,
Vaccinations ,
Workplace Safety
On November 15, 2021, the Florida Legislature will convene a five-day special session under the proclamation issued on October 29, 2021, by Governor Ron DeSantis for the “Keep Florida Free” joint legislative agenda.
With...more
11/15/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Enforcement ,
Exemptions ,
Governor DeSantis ,
Masks ,
OSHA ,
Preemption ,
Private Sector ,
Public Employees ,
Reasonable Accommodation ,
Religious Accommodation ,
State Health Departments ,
State Legislatures ,
State OSHA Laws ,
Vaccinations ,
Virus Testing
A recent amendment to child support laws will impose new and potentially onerous requirements on Florida businesses, starting October 1, 2021. The new law removes the current 250-employee threshold for new hire reporting,...more
As of August 8, 2021, the Occupational Safety and Health Administration (OSHA) has received more than 5,558 whistleblower complaints related to COVID-19 since the start of the pandemic (and State Plans have received an...more
8/12/2021
/ Administrative Complaints ,
American Rescue Plan Act of 2021 ,
Anti-Retaliation Provisions ,
Biden Administration ,
Complaint Procedures ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
OSHA ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
With the onslaught of the pandemic in 2020, many employers were busy dealing with staffing issues, safety concerns, and COVID-19–related legislation. There may have been little to no time to address handbook policies....more
COVID-19 cases in Florida continue to increase, particularly in the Tampa Bay area. In an effort to slow the spread of the virus, Hillsborough, Pasco, and Pinellas counties have enacted ordinances requiring face coverings in...more
Employees - particularly healthcare employees - are increasingly refusing to work because of safety concerns and the need for accommodations related to COVID-19. In certain circumstances, these refusals may trigger...more
On March 17 and 20, 2020, Florida Governor Ron DeSantis issued Executive Orders 20-68 and 20-71, announcing unprecedented state-wide closures of bars and nightclubs, restaurants for on-site dining, and stand-alone gyms. Since...more
On November 21, 2019, the U.S. House of Representatives passed House Resolution (HR) 1309, the Workplace Violence Prevention for Health Care and Social Service Workers Act, in a 251-158 vote.
HR 1309 would direct the...more
The Florida Legislature concluded its annual legislative session on Saturday, May 4, 2019. Over 20 employment-related bills were introduced, covering subjects such as E-Verify, criminal background screening, discrimination...more
On February 27, 2019, the U.S. House Subcommittee on Workforce Protections held a hearing on House Resolution 1309, the Workplace Violence Prevention for Health Care and Social Service Workers Act, introduced by...more
On November 16, 2018, Representative Joe Courtney (D-CT) introduced House Resolution 7141, the Workplace Violence Prevention for Health Care and Social Service Workers Act. The bill would force the Occupational Safety and...more
On July 9, 2018, researchers at the Stanford University School of Medicine published a study in a peer-reviewed medical journal indicating that “[p]hysician burnout is at least equally responsible for medical errors as unsafe...more
The Occupational Safety and Health Act (OSH Act) authorizes the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor to conduct inspections at worksites within its jurisdiction to enforce the...more
On November 8, 2016, voters in several states passed medical or recreational marijuana measures each of which will likely impact employers. As this area of law is developing quickly, and since the Trump administration’s...more
On January 13, 2015, a hospital in West Palm Beach, Florida discovered that an unidentified juvenile had been walking its halls dressed as a physician, wearing a lab coat with the hospital’s logo and a stethoscope. According...more