Akerman LLP - HR Defense

States May Step Into Void Created by Demise of DOL’s Overtime Rule

Since the Department of Labor announced the new overtime rule last May, we have been closely following its rocky implementation in a series of posts. Presently, the rule – which would render an estimated 4 million workers…more
| Labor & Employment Law

What’s in a Pronoun? Liability for Employers

Political correctness in the workplace has become increasingly complex. Employers who have referred to transitioning employees with the wrong pronoun have found themselves in the crosshairs of the EEOC. But what about those…more
| Civil Rights, Labor & Employment Law

Executive Orders Impacting Immigrants in the Workplace

Employers are advised to restrict international travel for employees who are not U.S. citizens. This is particularly so for employees from the seven countries targeted by President Trump’s January 27 Executive Order restricting…more
| Elections & Politics, Immigration Law, International Law & Trade, Labor & Employment Law

Revised Version of the Form I-9 Became Mandatory on January 22, 2017

As of January 22, 2017, U.S. employers should be using the new Form I-9 for Employment Eligibility Verification, available. Federal immigration law requires that U.S. employers use the Form I-9 to verify the identity and…more
| Immigration Law, International Law & Trade, Labor & Employment Law

Stress Claims Stressing Employers Out

Let’s face it: work can be stressful. So what’s an employer to do when an employee requests a stress-free or less stressful work environment as an accommodation under the Americans with Disabilities Act? As always, it depends…more
| Civil Rights, Labor & Employment Law

Employer Exposure Increases: Emotional Distress Damages in FLSA Cases

The number of federal courts allowing plaintiffs to recover emotional distress damages in Fair Labor Standards Act (FLSA) retaliation cases is expanding, with the Fifth Circuit Court of Appeals last month joining two other…more
| Civil Procedure, Labor & Employment Law

Medical Marijuana and the Workplace

With the growing list of states legalizing marijuana, are workplace drug policies up in smoke? As the new year begins, Arkansas, Florida and North Dakota join the growing list of states that have legalized medical marijuana…more
| Labor & Employment Law

Minimum Wages Climb

Workers will now receive higher minimum wages mandated by state law in 19 states, effective this month. Florida’s minimum wage increased to $8.10 an hour from $8.05 an hour, effective January 1. Tipped employees in Florida are…more
| Elections & Politics, Government Contracting, Labor & Employment Law

Expect More Mental Health Accommodation Requests – and More Paperwork for Healthcare Providers

Employers may see an uptick in requests for accommodations of mental disabilities, and healthcare providers may be asked to fill out yet more paperwork, as a result of two new publications issued by the EEOC last week…more
| Civil Rights, Labor & Employment Law

EEOC Updates Guidance on National Origin Discrimination

As we observed, the heated tone of the recent presidential election poses unprecedented challenges for employers attempting to manage employee interactions in the workplace, especially when issues related to immigration and…more
| Civil Rights, Immigration Law, Labor & Employment Law

Employers Should Keep An Eye On the Non-Compete Reform Movement

Employers who require all employees to sign a form non-competition agreement regardless of the state in which the employee is located or the type of work performed by the employee should think twice before doing so. Recent…more
| Civil Rights, Labor & Employment Law

The New Salary Regulations: The Saga Continues

While employers took solace from the Nov. 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is not…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

Managing Employee Interactions in the Wake of the Trump Election

You may have been able to keep politics away from the annual Thanksgiving gathering of relatives with diverging viewpoints, but the workplace requires daily interaction. What’s an employer to do with emotions still running high…more
| Civil Rights, Elections & Politics, Labor & Employment Law

Catch-22 for Franchisors: The Joint Employment Dilemma

As government agencies steadily expand the concept of joint employment, franchisors increasingly find themselves in a difficult position. Since August 2015, when the NLRB ruled in Browning-Ferris that entities with the ability…more
| Franchise Law, Labor & Employment Law

Employers Can Be Thankful: New Salary Regulation Delayed

Providing employers with a piece of good news, a Texas court has issued a nationwide preliminary injunction that delays the December 1 implementation of the controversial final rule that increased the salary level for exempt…more
| Civil Procedure, Civil Remedies, Labor & Employment Law
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Contact

Three Brickell City Centre
98 Southeast Seventh Street
Miami, FL 33131, United States

Contact: James S. Bramnick, Labor & Employment Practice Group Chair

  • 305.374.5600
  • 305.374.5095

Areas of Practice
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  • Labor & Employment Law
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Other U.S. Locations
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