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FTC Non-Compete Ban is Banned

On August 20, 2024, a federal court in Texas permanently blocked the Federal Trade Commission's (FTC) final rule banning most non-competes. U.S. District Judge Ada Brown granted summary judgment in favor of the plaintiffs in...more

The FTC Non-Compete Ban Clings to Life: Prepare Now Ahead of the Deadline

The Federal Trade Commission’s (FTC) final rule prohibiting most post-employment non-compete agreements (Final Rule) is set to take effect on September 4, 2024. The ban applies to non-competes for U.S. workers in most...more

New NLRB Rule Spells McTrouble for Some Employers

The National Labor Relations Board (NLRB) has published a final rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This significant development clarifies how two...more

Weathering an Employer's Duties During the Storm - August 2023

Florida’s tax-free holiday for “disaster preparedness” started just days ago, and residents are quickly taking advantage of the opportunity to shop for supplies in advance of Hurricane Idalia. Employers should also be...more

Florida’s Minimum Wage Increases to $12.00/Hour

Effective September 30, 2023, the minimum wage in Florida will increase to $12.00 per hour, and the tipped minimum wage in Florida will increase to $8.98 per hour.  ...more

NLRB Has “No Chill” When it Comes to Non-Competes

On May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued Memorandum GC 23-08 stating “[non-competes] interfere with employees’ exercise of rights under Section 7 of the National Labor...more

$200,000 Plus Overtime??? When a Highly Compensated Employee Remains Non-Exempt

Last week, the U.S. Supreme Court upheld an appellate court determination that Michael Hewitt, an oil rig “toolpusher,” was entitled to overtime compensation despite having earned in excess of $200,000 per year. Mr. Hewitt’s...more

FTC Seeks Ban on Non-Competes

On January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that is essentially a blanket ban on non-competes per Section 5 of the FTC Act which prohibits unfair competition. If implemented, the new rule would not...more

The End of Mandatory Arbitration of Sexual Harassment Claims

Employers will be defending more sexual harassment claims in court rather than through arbitration as a result of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which President Biden signed...more

OSHA Throws in Towel on Emergency "Vaccinate-or-Test" Mandate; Permanent Rule Looms

Wednesday, OSHA formally withdrew the ETS (large employer "vaccinate-or-test" rule) as a binding, enforceable emergency temporary standard. OSHA took this action after the U.S. Supreme Court blocked OHSA from implementing its...more

CMS Vaccine Rule Stands: Providers Caught Between Federal Mandate and Florida Restrictions

Late last week, the U.S. Supreme Court lifted the stay of the healthcare worker vaccination mandate (CMS Rule) in 24 states where the CMS Rule had been stayed. The CMS Rule, issued by the Centers for Medicare & Medicaid ...more

Employers in Limbo—OSHA Suspends Vaccination Rule After Fifth Circuit Ruling as Florida Limits Mandates

On November 12, 2021, the Fifth Circuit Court of Appeals issued its second stay against OSHA’s emergency temporary standard (ETS) requiring large private employers to “vaccinate or test” their employees (a summary of ETS)....more

Federal 'Vaccinate or Test' Mandate Stayed Pending Legal Challenge

As anticipated, the U.S. Department of Labor’s Occupational Safety and Health Administration’s  (OSHA) “vaccinate” or “test and mask” rule for large private employers, issued as an emergency temporary standard (ETS), came...more

Private Employer Vaccine or Testing Requirement Released by OSHA

Yesterday, the Occupational Safety and Health Administration (OSHA) released its new emergency temporary standard (ETS) which generally mandates that private employers of 100 or more employees require employees either to...more

Florida’s Minimum Wage Rises to $10.00 on September 30

Effective September 30, 2021, the minimum wage in Florida will increase to $10.00 per hour from its current rate of $8.65 per hour. The increase stems from a state constitutional amendment, approved by Florida voters last...more

Weathering an Employer's Duties During the Storm

Hurricane season is only half over, with Hurricane Ida leaving a trail of damage across Louisiana and beyond, and Hurricane Larry swirling in the Atlantic Ocean, although the storm is not expected to make landfall in the U.S....more

Weathering an Employer’s Duties During the Storm

Hurricane season is only half over, with Hurricane Ida leaving a trail of damage across Louisiana and beyond, and Hurricane Larry swirling in the Atlantic Ocean, although the storm is not expected to threaten the U.S....more

The COVID-19 Vaccine: Can Senior Living Facilities Mandate Staff Be Vaccinated?

Although the long-awaited COVID-19 vaccine has finally arrived, nursing homes and assisted living facilities are facing the new challenge of employees who are reluctant to take it. In Florida and in many parts of the country,...more

Can Employers Require COVID-19 Vaccinations?

Shortly after the CDC granted emergency use authorization of COVID-19 vaccines, the EEOC issued new guidance outlining how employers could lawfully and mandatorily require employees to get vaccinated before returning to a...more

Florida Adopts $15.00 Minimum Wage

On November 3, 2020, Florida voters approved Amendment 2, which raises the state minimum wage to $15.00. The increase goes into effect over time, with the minimum wage increasing to $8.65, as planned, on January 1, 2021, and...more

Florida’s Minimum Wage Will Rise to $8.65 in 2021

Florida’s minimum wage will increase effective January 1, 2021 as follows: - Florida’s minimum wage will increase by nine cents from $8.56 to $8.65 per hour. - Florida’s minimum wage for tipped employees will increase...more

EEOC Issues Updated COVID-19 Employment Guidance

Thursday, the EEOC issued additional guidance for employers addressing COVID-19 in the workplace. Notably, the EEOC advised that employers may not involuntarily exclude employees over the age of 65 from the workplace due to...more

When the Home Place Becomes the Workplace: Legal Considerations for Employers

As many businesses approach the 30-day mark for “remote working” by the vast majority of their workforces, and debate rages on about how long sheltering in place might be required to effectively combat the community spread of...more

EEOC Suspends Issuance of Right-to-Sue Letters

The EEOC has announced that it has temporarily stopped issuing right-to-sue letters for the foreseeable future due to the COVID-19 pandemic unless a charging party specifically asks the agency to issue the notice....more

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