As reported in Shumaker’s prior Client Alert, on April 23, 2024, the Federal Trade Commission (FTC) implemented a Final Rule banning nearly all non-competition agreements as of September 4, 2024. Under this Final Rule,...more
On May 10, 2023, Florida Governor Ron DeSantis signed into law Senate Bill 1718 (SB 1718), which amends various Florida statutes to address provisions related to individuals in Florida who may be unauthorized aliens. In this...more
6/9/2023
/ E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Florida ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Human Resources Professionals ,
Immigrants ,
Immigration Procedures ,
New Legislation ,
USCIS
Shumaker recently published a Client Alert about the Federal Trade Commission’s (FTC) proposed rule essentially banning the use of non-competition agreements. In that Alert we advised clients that they should take a “wait and...more
In January 2023, the United States Federal Trade Commission (FTC), a federal agency whose stated mission includes “protecting consumers and competition by preventing anticompetitive, deceptive, and unfair business practices,”...more
On January 13th, the Supreme Court issued a ruling on the Occupational Safety and Health Administration’s (OSHA) 100+ employee vaccine mandate. A majority of the Court found that the applicants challenging the rule were...more
1/17/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Human Resources Professionals ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On June 10, 2021, the Occupational Health and Safety Administration (OSHA) released its long awaited Emergency Temporary Standards (ETS) for COVID-19, establishing safety requirements for health care employers to control,...more
6/18/2021
/ Best Practices ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Physicians ,
Policies and Procedures ,
Workplace Safety
On May 3, 2021, Florida Governor Ron DeSantis signed Senate Bill 2006 (SB 2006) and Executive Orders 21-101 and 21-102, immediately suspending all existing city and county emergency COVID-19 restrictions, such as mask and...more
5/12/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Florida ,
Health and Safety ,
Human Resources Professionals ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Risk Assessment ,
Sick Employees ,
Social Distancing ,
Workplace Decontamination ,
Workplace Safety
On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (“American Rescue Act”). In addition to the widely touted direct stimulus payments and extension of the $300 federal unemployment...more
The Consolidated Appropriations Act, 2021 (the “Act”), passed by Congress on December 21, 2020 and signed by the President six days later, is 5,593 pages long. While they didn’t garner a lot of attention in the mainstream...more
Since it was signed into law on March 18, 2020, confusion surrounding certain provisions of the Families First Coronavirus Response Act (“FFCRA” or the “Act”) has left employers concerned about their compliance. The recent...more
9/22/2020
/ Coronavirus/COVID-19 ,
Department of Labor & Industry ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Financial Stimulus ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
Many employers found themselves supporting a remote workforce during the COVID-19 pandemic as they adapted quickly to stay-at-home orders and social distancing guidelines. As employers contemplate and implement a...more
As many businesses begin to resume their activity levels with the loosening of shelter-in-place orders, this Client Alert addresses employment-related issues clients should be mindful of, including: preparing for employees’...more
SBA LOANS -
PAYCHECK PROTECTION PROGRAM - SBA LOAN PROGRAM -
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act has passed the Senate, the House, and has been signed into law by the President on March 27,...more
On March 18, 2020, the President signed the Families First Coronavirus Response Act into law. The new law requires most employers with fewer than 500 employees to provide expanded FMLA leave and paid sick leave for certain...more
On Saturday, the United States House of Representatives, in a bipartisan effort, passed an economic relief bill, H.R. 6201, Families First Coronavirus Response Act, which is expected to go to vote in the Senate early...more
I. Employment -
1. Can we send sick employees’ home from work?
- Yes, you may send sick employees home, provided you do so in a non-discriminatory manner.
- Coronavirus guidance from Centers for Disease Control and...more
3/12/2020
/ Best Practices ,
Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Management Plans ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Force Majeure Clause ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Policies and Procedures ,
Public Health ,
Risk Management ,
WARN Act ,
Workplace Safety
If you are an employer required to file an EEO-1 report, your life became a lot more difficult this year. The Equal Employment Opportunity Commission (EEOC) recently announced that in addition to filing the usual EEO-1 data...more
On May 18, 2016, the Department of Labor (“DOL”) issued its final regulations updating the Fair Labor Standards Act’s (“FLSA”) overtime provisions for the executive, administrative, professional, and highly-compensated...more
On May 21, 2018, the United States Supreme Court decided that employers may prevent their employees from filing certain class action lawsuits through a properly drafted arbitration agreement. Epic Systems Corp. v. Lewis,...more
The Florida Department of Economic Opportunity announced that, effective January 1, 2018, Florida’s minimum wage will increase from $8.10 per hour to $8.25. Employers may pay their properly tipped employees a lower rate of...more
A few months ago, the City of St. Petersburg amended its “Wage Theft Ordinance” to include new notice requirements and penalties for employers. As detailed below, St. Petersburg employers will now be required to provide a...more
On November 22, 2016, Judge Amos L. Mazzant of the United States District Court for the Eastern District of Texas issued a nationwide preliminary injunction against the Department of Labor’s (“DOL”) updated white collar...more
Helpful FMLA Resource for Employers -
The U.S. Department of Labor recently published a new guide for employers covered by the Family and Medical Leave Act (FMLA) titled The Employer’s Guide to the Family and Medical...more
Each year usually starts with a lot of resolutions and good intentions that fall by the wayside, mostly for lack of a plan. One resolution of all employers should be to update their policies and practices to comply with the...more
4/18/2014
/ Affordable Care Act ,
Anti-Harassment Policies ,
Background Checks ,
Document Retention Policies ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
GINA ,
Independent Contractors
As of May 7, 2013, all employers in the United States are required to use the revised Form I-9 for new hires and reverifications of existing employees. Employers should download the new form and make sure the revision date in...more